[109th Congress Public Law 162]
[From the U.S. Government Printing Office]
[DOCID: f:publ162.109]
[[Page 2959]]
VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF
2005
[[Page 119 STAT. 2960]]
Public Law 109-162
109th Congress
An Act
To authorize appropriations for the Department of Justice for fiscal
years 2006 through 2009, and for other purposes. <<NOTE: Jan. 5,
2006 - [H.R. 3402]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Violence Against
Women and Department of Justice Reauthorization Act of 2005.>>
SECTION 1. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.
This Act may be cited as the ``Violence Against Women and Department
of Justice 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. 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.
Sec. 118. Updating protection order definition.
Sec. 119. GAO study and report.
Sec. 120. Grants for outreach to underserved populations.
Sec. 121. Enhancing culturally and linguistically specific services for
victims of domestic violence, dating violence, sexual
assault, and stalking.
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.
[[Page 119 STAT. 2961]]
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 combat violent crimes on campuses.
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. 403. Public Awareness Campaign.
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 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. Grant for National Resource Center on Workplace Responses to
assist victims of domestic and sexual violence.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
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.
Sec. 804. Protection and assistance for victims of trafficking.
Sec. 805. Protecting victims of child abuse.
Subtitle B--VAWA Self-Petitioners
Sec. 811. Definition of VAWA self-petitioner.
Sec. 812. Application in case of voluntary departure.
Sec. 813. Removal proceedings.
Sec. 814. Eliminating abusers' control over applications and limitation
on petitioning for abusers.
Sec. 815. Application for VAWA-related relief.
Sec. 816. Self-petitioning parents.
Sec. 817. 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. Motions to reopen.
[[Page 119 STAT. 2962]]
Sec. 826. Protecting abused juveniles.
Sec. 827. Protection of domestic violence and crime victims from certain
disclosures of information.
Sec. 828. Rulemaking.
Subtitle D--International Marriage Broker Regulation
Sec. 831. Short title.
Sec. 832. Access to VAWA protection regardless of manner of entry.
Sec. 833. Domestic violence information and resources for immigrants and
regulation of international marriage brokers.
Sec. 834. Sharing of certain information.
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. Grants to Indian tribal governments.
Sec. 907. Tribal deputy in the Office on Violence Against Women.
Sec. 908. Enhanced criminal law resources.
Sec. 909. Domestic assault by an habitual offender.
TITLE X--DNA FINGERPRINTING
Sec. 1001. Short title.
Sec. 1002. Use of opt-out procedure to remove samples from national DNA
index.
Sec. 1003. Expanded use of CODIS grants.
Sec. 1004. Authorization to conduct DNA sample collection from persons
arrested or detained under Federal authority.
Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.
TITLE XI--DEPARTMENT OF JUSTICE REAUTHORIZATION
Subtitle A--Authorization of Appropriations
Sec. 1101. Authorization of appropriations for fiscal year 2006.
Sec. 1102. Authorization of appropriations for fiscal year 2007.
Sec. 1103. Authorization of appropriations for fiscal year 2008.
Sec. 1104. Authorization of appropriations for fiscal year 2009.
Sec. 1105. Organized retail theft.
Sec. 1106. United States-Mexico Border Violence Task Force.
Sec. 1107. National Gang Intelligence Center.
Subtitle B--Improving the Department of Justice's Grant Programs
chapter 1--assisting law enforcement and criminal justice agencies
Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block
Grant Program.
Sec. 1112. Clarification of number of recipients who may be selected in
a given year to receive Public Safety Officer Medal of Valor.
Sec. 1113. Clarification of official to be consulted by Attorney General
in considering application for emergency Federal law
enforcement assistance.
Sec. 1114. Clarification of uses for regional information sharing system
grants.
Sec. 1115. Integrity and enhancement of national criminal record
databases.
Sec. 1116. Extension of matching grant program for law enforcement armor
vests.
chapter 2--building community capacity to prevent, reduce, and control
crime
Sec. 1121. Office of Weed and Seed Strategies.
chapter 3--assisting victims of crime
Sec. 1131. Grants to local nonprofit organizations to improve outreach
services to victims of crime.
Sec. 1132. Clarification and enhancement of certain authorities relating
to crime victims fund.
Sec. 1133. Amounts received under crime victim grants may be used by
State for training purposes.
Sec. 1134. Clarification of authorities relating to Violence Against
Women formula and discretionary grant programs.
Sec. 1135. Change of certain reports from annual to biennial.
Sec. 1136. Grants for young witness assistance.
[[Page 119 STAT. 2963]]
chapter 4--preventing crime
Sec. 1141. Clarification of definition of violent offender for purposes
of juvenile drug courts.
Sec. 1142. Changes to distribution and allocation of grants for drug
courts.
Sec. 1143. Eligibility for grants under drug court grants program
extended to courts that supervise non-offenders with
substance abuse problems.
Sec. 1144. Term of Residential Substance Abuse Treatment program for
local facilities.
Sec. 1145. Enhanced residential substance abuse treatment program for
State prisoners.
Sec. 1146. Residential Substance Abuse Treatment Program for Federal
facilities.
chapter 5--other matters
Sec. 1151. Changes to certain financial authorities.
Sec. 1152. Coordination duties of Assistant Attorney General.
Sec. 1153. Simplification of compliance deadlines under sex-offender
registration laws.
Sec. 1154. Repeal of certain programs.
Sec. 1155. Elimination of certain notice and hearing requirements.
Sec. 1156. Amended definitions for purposes of Omnibus Crime Control and
Safe Streets Act of 1968.
Sec. 1157. Clarification of authority to pay subsistence payments to
prisoners for health care items and services.
Sec. 1158. Office of Audit, Assessment, and Management.
Sec. 1159. Community Capacity Development Office.
Sec. 1160. Office of Applied Law Enforcement Technology.
Sec. 1161. Availability of funds for grants.
Sec. 1162. Consolidation of financial management systems of Office of
Justice Programs.
Sec. 1163. Authorization and change of COPS program to single grant
program.
Sec. 1164. Clarification of persons eligible for benefits under public
safety officers' death benefits programs.
Sec. 1165. Pre-release and post-release programs for juvenile offenders.
Sec. 1166. Reauthorization of juvenile accountability block grants.
Sec. 1167. Sex offender management.
Sec. 1168. Evidence-based approaches.
Sec. 1169. Reauthorization of matching grant program for school
security.
Sec. 1170. Technical amendments to Aimee's Law.
Subtitle C--Miscellaneous Provisions
Sec. 1171. Technical amendments relating to Public Law 107-56.
Sec. 1172. Miscellaneous technical amendments.
Sec. 1173. Use of Federal training facilities.
Sec. 1174. Privacy officer.
Sec. 1175. Bankruptcy crimes.
Sec. 1176. Report to Congress on status of United States persons or
residents detained on suspicion of terrorism.
Sec. 1177. Increased penalties and expanded jurisdiction for sexual
abuse offenses in correctional facilities.
Sec. 1178. Expanded jurisdiction for contraband offenses in correctional
facilities.
Sec. 1179. Magistrate judge's authority to continue preliminary hearing.
Sec. 1180. Technical corrections relating to steroids.
Sec. 1181. Prison Rape Commission extension.
Sec. 1182. Longer statute of limitation for human trafficking-related
offenses.
Sec. 1183. Use of Center for Criminal Justice Technology.
Sec. 1184. SEARCH Grants.
Sec. 1185. Reauthorization of Law Enforcement Tribute Act.
Sec. 1186. Amendment regarding bullying and gangs.
Sec. 1187. Transfer of provisions relating to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
Sec. 1188. Reauthorize the Gang Resistance Education and Training
Projects Program.
Sec. 1189. National Training Center.
Sec. 1190. Sense of Congress relating to ``good time'' release.
Sec. 1191. Public employee uniforms.
Sec. 1192. Officially approved postage.
Sec. 1193. Authorization of additional appropriations.
Sec. 1194. Assistance to courts.
Sec. 1195. Study and report on correlation between substance abuse and
domestic violence at domestic violence shelters.
Sec. 1196. Reauthorization of State Criminal Alien Assistance Program.
[[Page 119 STAT. 2964]]
Sec. 1197. Extension of Child Safety Pilot Program.
Sec. 1198. Transportation and subsistence for special sessions of
District Courts.
Sec. 1199. Youth Violence Reduction Demonstration Projects.
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. <<NOTE: 42 USC 13925.>> DEFINITIONS AND GRANT PROVISIONS.
``(a) Definitions.--In this title:
``(1) Courts.--The term `courts' means any civil or
criminal, tribal, and Alaskan Village, Federal, State, local or
territorial court having jurisdiction to address domestic
violence, dating violence, sexual assault or stalking, including
immigration, family, juvenile, and dependency courts, and the
judicial officers serving in those courts, including judges,
magistrate judges, commissioners, justices of the peace, or any
other person with decisionmaking authority.
``(2) Child abuse and neglect.--The term `child abuse and
neglect' means any recent act or failure to act on the part of a
parent or caregiver with intent to cause death, serious physical
or emotional harm, sexual abuse, or exploitation, or an act or
failure to act which presents an imminent risk of serious harm.
This definition shall not be construed to mean that failure to
leave an abusive relationship, in the absence of other action
constituting abuse or neglect, is itself abuse or neglect.
``(3) Community-based organization.--The term `community-
based organization' means an organization that--
``(A) focuses primarily on domestic violence, dating
violence, sexual assault, or stalking;
``(B) has established a specialized culturally
specific program that addresses domestic violence,
dating violence, sexual assault, or stalking;
``(C) has a primary focus on underserved populations
(and includes representatives of these populations) and
domestic violence, dating violence, sexual assault, or
stalking; or
``(D) obtains expertise, or shows demonstrated
capacity to work effectively, on domestic violence,
dating violence, sexual assault, and stalking through
collaboration.
``(4) Child maltreatment.--The term `child maltreatment'
means the physical or psychological abuse or neglect of a child
or youth, including sexual assault and abuse.
``(5) 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
[[Page 119 STAT. 2965]]
``(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.
``(6) 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
or youth victim who is protected from that person's acts under
the domestic or family violence laws of the jurisdiction.
``(7) Dating partner.--The term `dating partner' refers to a
person who is or has been in a social relationship of a romantic
or intimate nature with the abuser, and where the existence of
such a relationship shall be determined based on a consideration
of--
``(A) the length of the relationship;
``(B) the type of relationship; and
``(C) the frequency of interaction between the
persons involved in the relationship.
``(8) 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.
``(9) Elder abuse.--The term `elder abuse' means any action
against a person who is 50 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 with intent to cause
physical harm, mental anguish, or mental illness.
``(10) Indian.--The term `Indian' means a member of an
Indian tribe.
``(11) Indian country.--The term `Indian country' has the
same meaning given such term in section 1151 of title 18, United
States Code.
``(12) Indian housing.--The term `Indian housing' means
housing assistance described in the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq., as amended).
``(13) 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
[[Page 119 STAT. 2966]]
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.
``(14) Indian law enforcement.--The term `Indian law
enforcement' means the departments or individuals under the
direction of the Indian tribe that maintain public order.
``(15) 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).
``(16) 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.
``(17) 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
underserved communities.
``(18) 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.
``(19) 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).
``(20) 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
[[Page 119 STAT. 2967]]
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.
``(21) 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.
``(22) 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.
``(23) 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.
``(24) 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.
``(25) State.--The term `State' means each of the several
States and the District of Columbia, and except as otherwise
provided, the Commonwealth of Puerto Rico, Guam, American Samoa,
the Virgin Islands, and the Northern Mariana Islands.
``(26) 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)).
``(27) 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.).
``(28) Territorial domestic violence or sexual assault
coalition.--The term `territorial domestic violence or sexual
[[Page 119 STAT. 2968]]
assault coalition' means a program addressing domestic or sexual
violence that is--
``(A) an established nonprofit, nongovernmental
territorial coalition addressing domestic violence or
sexual assault within the territory; or
``(B) a nongovernmental organization with a
demonstrated history of addressing domestic violence or
sexual assault within the territory that proposes to
incorporate as a nonprofit, nongovernmental territorial
coalition.
``(29) Tribal coalition.--The term `tribal coalition'
means--
``(A) an established nonprofit, nongovernmental
tribal coalition addressing domestic violence and sexual
assault against American Indian or Alaskan Native women;
or
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal
coalitions to address domestic violence and sexual
assault against American Indian or Alaska Native women.
``(30) 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.
``(31) 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.
``(32) 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 or by the Secretary of Health and Human
Services, as appropriate.
``(33) 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.
``(34) 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,
[[Page 119 STAT. 2969]]
or dating violence under the auspices or supervision of a court
or a law enforcement or prosecution agency.
``(35) Victim services or victim service provider.--The term
`victim services' or `victim service provider' means a
nonprofit, nongovernmental organization that assists domestic
violence, dating violence, sexual assault, or stalking victims,
including rape crisis centers, domestic violence shelters,
faith-based organizations, and other organizations, with a
documented history of effective work concerning domestic
violence, dating violence, sexual assault, or stalking.
``(36) 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 tribe,
territory, victim service provider, or any entity that the
Attorney General determines has adequately demonstrated
financial need.
``(2) Nondisclosure of confidential or private
information.--
``(A) In general.--In order to ensure the safety of
adult, youth, and child victims of domestic violence,
dating violence, sexual assault, or stalking, and their
families, grantees and subgrantees under this title
shall protect the confidentiality and privacy of persons
receiving services.
``(B) Nondisclosure.--Subject to subparagraphs (C)
and (D), grantees and subgrantees shall not--
``(i) disclose any personally identifying
information or individual information collected in
connection with services requested, utilized, or
denied through grantees' and subgrantees'
programs; or
``(ii) reveal individual client information
without the informed, written, reasonably time-
limited consent of the person (or in the case of
an unemancipated minor, the minor and the parent
or guardian or in the case of persons with
disabilities, the guardian) about whom information
is sought, whether for this program or any other
Federal, State, tribal, or territorial grant
program, except that consent for release may not
be given by the abuser of the minor, person with
disabilities, or the abuser of the other parent of
the minor.
``(C) Release.--If release of information described
in subparagraph (B) is compelled by statutory or court
mandate--
``(i) grantees and subgrantees shall make
reasonable attempts to provide notice to victims
affected by the disclosure of information; and
``(ii) grantees and subgrantees shall take
steps necessary to protect the privacy and safety
of the persons affected by the release of the
information.
``(D) Information sharing.--Grantees and subgrantees
may share--
``(i) nonpersonally identifying data in the
aggregate regarding services to their clients and
nonpersonally identifying demographic information
in order to comply
[[Page 119 STAT. 2970]]
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.
``(E) Oversight.--Nothing in this paragraph shall
prevent the Attorney General from disclosing grant
activities authorized in this Act to the chairman and
ranking members of the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate exercising Congressional
oversight authority. All disclosures shall protect
confidentiality and omit personally identifying
information, including location information about
individuals.
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate with
and provide information to Federal, State, local, tribal, and
territorial public officials and agencies to develop and
implement policies to reduce or eliminate domestic violence,
dating violence, sexual assault, and stalking.
``(4) Non-supplantation.--Any Federal funds received under
this title shall be used to supplement, not supplant, non-
Federal funds that would otherwise be available for activities
under this title.
``(5) Use of funds.--Funds authorized and appropriated under
this title may be used only for the specific purposes described
in this title and shall remain available until expended.
``(6) Reports.--An entity receiving a grant under this title
shall submit to the disbursing agency a report detailing the
activities undertaken with the grant funds, including and
providing additional information as the agency shall require.
``(7) Evaluation.--Federal agencies disbursing funds under
this title shall set aside up to 3 percent of such funds in
order to conduct--
``(A) evaluations of specific programs or projects
funded by the disbursing agency under this title or
related research; or
``(B) evaluations of promising practices or problems
emerging in the field or related research, in order to
inform the agency or agencies as to which programs or
projects are likely to be effective or responsive to
needs in the field.
``(8) Nonexclusivity.--Nothing in this title shall be
construed to prohibit male victims of domestic violence, dating
violence, sexual assault, and stalking from receiving benefits
and services under this title.
``(9) Prohibition on tort litigation.--Funds appropriated
for the grant program under this title may not be used to fund
civil representation in a lawsuit based on a tort claim. This
paragraph should not be construed as a prohibition on providing
assistance to obtain restitution in a protection order or
criminal case.
[[Page 119 STAT. 2971]]
``(10) Prohibition on lobbying.--Any funds appropriated for
the grant program shall be subject to the prohibition in section
1913 of title 18, United States Code, relating to lobbying with
appropriated moneys.
``(11) Technical assistance.--If there is a demonstrated
history that the Office on Violence Against Women has previously
set aside amounts greater than 8 percent for technical
assistance and training relating to grant programs authorized
under this title, the Office has the authority to continue
setting aside amounts greater than 8 percent.''.
(b) Change of Certain Reports From Annual to Biennial.--
(1) Stalking and domestic violence.--Section 40610 of the
Violence Against Women Act of 1994 (42 U.S.C. 14039) is amended
by striking ``The Attorney General shall submit to the Congress
an annual report, beginning 1 year after the date of the
enactment of this Act, that provides'' and inserting ``Each
even-numbered fiscal year, the Attorney General shall submit to
the Congress a biennial report that provides''.
(2) Safe havens for children.--Section 1301(d)(l) of the
Victims of Trafficking and Violence Protection Act of 2000 (42
U.S.C. 10420(d)(1)) is amended in the matter preceding
subparagraph (A) by striking ``Not later than 1 year after the
last day of the first fiscal year commencing on or after the
date of enactment of this Act, and not later than 180 days after
the last day of each fiscal year thereafter,'' and inserting
``Not later than 1 month after the end of each even-numbered
fiscal year,''.
(3) Stop violence against women formula grants.--Section
2009(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-3) is amended by striking ``Not later
than'' and all that follows through ``the Attorney General shall
submit'' and inserting the following: ``Not later than 1 month
after the end of each even-numbered fiscal year, the Attorney
General shall submit''.
(4) Transitional housing assistance grants for child victims
of domestic violence, stalking, or sexual assault.--Section
40299(f) of the Violence Against Women Act of 1994 (42 U.S.C.
13975(f)) is amended by striking ``shall annually prepare and
submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate
a report that contains a compilation of the information
contained in the report submitted under subsection (e) of this
section.'' and inserting ``shall prepare and submit to the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate a report that
contains a compilation of the information contained in the
report submitted under subsection (e) of this section not later
than 1 month after the end of each even-numbered fiscal year.''.
(c) Definitions and Grant Conditions in Crime Control Act.--
(1) Part t.--Part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is
amended by striking section 2008 and inserting the following:
[[Page 119 STAT. 2972]]
``SEC. 2008. <<NOTE: Applicability. 42 USC 3796gg-2.>> DEFINITIONS AND
GRANT CONDITIONS.
``In this part the definitions and grant conditions in section 40002
of the Violence Against Women Act of 1994 shall apply.''.
(2) Part u.--Section 2105 of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended to read as follows:
``SEC. 2105. <<NOTE: Applicability. 42 USC 3796hh-4.>> DEFINITIONS AND
GRANT CONDITIONS.
``In this part the definitions and grant conditions in section 40002
of the Violence Against Women Act of 1994 shall apply.''.
(d) Definitions and Grant Conditions in 2000 Act.--Section 1002 of
the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-2 note) is
amended to read as follows:
``SEC. 1002. <<NOTE: Applicability.>> DEFINITIONS AND GRANT CONDITIONS.
``In this division the definitions and grant conditions in section
40002 of the Violence Against Women Act of 1994 shall apply.''.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE
AGAINST WOMEN
SEC. 101. STOP GRANTS IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(18) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(18)) is amended by striking ``$185,000,000 for each of fiscal
years 2001 through 2005'' and inserting ``$225,000,000 for each of
fiscal years 2007 through 2011''.
(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
a semicolon; 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;
``(13) <<NOTE: Jessica Gonzales.>> supporting the placement
of special victim assistants (to be known as `Jessica Gonzales
Victim Assistants') in local law enforcement agencies to serve
as liaisons between victims of domestic violence, dating
violence, sexual assault, and stalking and personnel in local
law enforcement agencies in order to improve the enforcement of
protection orders. Jessica Gonzales Victim Assistants shall have
expertise in domestic violence, dating violence, sexual assault,
or stalking and may undertake the following activities--
``(A) developing, in collaboration with prosecutors,
courts, and victim service providers, standardized
response policies for local law enforcement agencies,
including triage protocols to ensure that dangerous or
potentially lethal cases are identified and prioritized;
``(B) notifying persons seeking enforcement of
protection orders as to what responses will be provided
by the relevant law enforcement agency;
[[Page 119 STAT. 2973]]
``(C) referring persons seeking enforcement of
protection orders to supplementary services (such as
emergency shelter programs, hotlines, or legal
assistance services); and
``(D) taking other appropriate action to assist or
secure the safety of the person seeking enforcement of a
protection order; and
``(14) <<NOTE: Crystal Judson.>> to provide funding to law
enforcement agencies, nonprofit nongovernmental victim services
providers, and State, tribal, territorial, and local
governments, (which funding stream shall be known as the Crystal
Judson Domestic Violence Protocol Program) to promote--
``(A) the development and implementation of training
for local victim domestic violence service providers,
and to fund victim services personnel, to be known as
`Crystal Judson Victim Advocates,' to provide supportive
services and advocacy for victims of domestic violence
committed by law enforcement personnel;
``(B) the implementation of protocols within law
enforcement agencies to ensure consistent and effective
responses to the commission of domestic violence by
personnel within such agencies (such as the model policy
promulgated by the International Association of Chiefs
of Police (`Domestic Violence by Police Officers: A
Policy of the IACP, Police Response to Violence Against
Women Project' July 2003));
``(C) the development of such protocols in
collaboration with State, tribal, territorial and local
victim service providers and domestic violence
coalitions.
Any <<NOTE: Reports.>> law enforcement, State, tribal,
territorial, or local government agency receiving funding under
the Crystal Judson Domestic Violence Protocol Program under
paragraph (14) shall on an annual basis, receive additional
training on the topic of incidents of domestic violence
committed by law enforcement personnel from domestic violence
and sexual assault nonprofit organizations and, after a period
of 2 years, provide a report of the adopted protocol to the
Department of Justice, including a summary of progress in
implementing such protocol.''.
(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 underserved populations''; and
(2) in subsection (e)(2), by striking subparagraph (D) and
inserting the following:
``(D) recognize and meaningfully respond to the
needs of underserved populations and ensure that monies
set aside to fund linguistically and culturally specific
services and activities for underserved populations are
distributed equitably among those populations.''.
(d) Tribal and Territorial Setasides.--Section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``5 percent'' and
inserting ``10 percent'';
[[Page 119 STAT. 2974]]
(B) in paragraph (2), striking by ``\1/54\'' and
inserting ``\1/56\'';
(C) in paragraph (3), by striking ``and the
coalition for the combined Territories of the United
States, each receiving an amount equal to \1/54\'' and
inserting ``coalitions for Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands, each receiving an amount
equal to \1/56\''; and
(D) in paragraph (4), by striking ``\1/54\'' and
inserting ``\1/56\'';
(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
organization''; and
(3) in subsection (d)--
(A) in paragraph (3), by striking the period and
inserting ``; and''; and
(B) by adding at the end the following:
``(4) documentation showing that tribal, territorial, State
or local prosecution, law enforcement, and courts have consulted
with tribal, territorial, State, or local victim service
programs during the course of developing their grant
applications in order to ensure that proposed services,
activities and equipment acquisitions are designed to promote
the safety, confidentiality, and economic independence of
victims of domestic violence, sexual assault, stalking, and
dating violence.''.
(e) Training, Technical Assistance, and Data Collection.--Section
2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-1) is amended by adding at the end the following:
``(i) Training, Technical Assistance, and Data Collection.--
``(1) In general.--Of the total amounts appropriated under
this part, not less than 3 percent and up to 8 percent shall be
available for providing training and technical assistance
relating to the purpose areas of this part to improve the
capacity of grantees, subgrantees and other entities.
``(2) Indian training.--The Director of the Office on
Violence Against Women shall ensure that training or technical
assistance regarding violence against Indian women will be
developed and provided by entities having expertise in tribal
law, customary practices, and Federal Indian law.''.
(f) Availability of Forensic Medical Exams.--Section 2010 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4)
is amended by adding at the end the following:
``(c) Use of Funds.--A State or Indian tribal government may use
Federal grant funds under this part to pay for forensic medical exams
performed by trained examiners for victims of sexual assault, except
that such funds may not be used to pay for forensic medical exams by any
State, Indian tribal government, or territorial government that requires
victims of sexual assault to seek reimbursement for such exams from
their insurance carriers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a State, Indian tribal government, or territorial
government to require a victim of sexual assault to participate in the
criminal justice system or cooperate with law enforcement
[[Page 119 STAT. 2975]]
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 or unit of local government shall
not be entitled to funds under this part unless the State or
unit of local government--
``(A) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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 or unit
of local government under subsection (a) shall be distributed to
other States and units of local government, pro rata.''.
(g) Polygraph Testing Prohibition.--Part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is
amended by adding at the end the following:
``SEC. 2013. <<NOTE: 42 USC 3796gg-8.>> POLYGRAPH TESTING PROHIBITION.
``(a) <<NOTE: Deadline.>> In General.--In order to be eligible for
grants under this part, a State, Indian tribal government, territorial
government, or unit of local government shall certify that, not later
than 3 years after the date of enactment of this section, their laws,
policies, or practices will ensure that no law enforcement officer,
prosecuting officer or other government official shall ask or require an
adult, youth, or child victim of an alleged sex offense as defined under
Federal, tribal, State, territorial, or local law to submit to a
polygraph examination or other truth telling device as a condition for
proceeding with the investigation of such an offense.
``(b) Prosecution.--The refusal of a victim to submit to an
examination described in subsection (a) shall not prevent the
investigation, charging, or prosecution of the offense.''.
SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS
IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(19) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(19)) is amended by striking ``$65,000,000 for each of fiscal
years 2001 through 2005'' and inserting ``$75,000,000 for each of fiscal
years 2007 through 2011. 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)--
[[Page 119 STAT. 2976]]
(A) in the matter before paragraph (1), by inserting
after ``State'' the following: ``, tribal,
territorial,'';
(B) in paragraph (1), by--
(i) striking ``mandatory arrest or''; and
(ii) striking ``mandatory arrest programs
and'';
(C) in paragraph (2), by--
(i) inserting after ``educational programs,''
the following: ``protection order registries,'';
(ii) striking ``domestic violence and dating
violence'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking.
Policies, educational programs, protection order
registries, and training described in this
paragraph shall incorporate confidentiality, and
privacy protections for victims of domestic
violence, dating violence, sexual assault, and
stalking'';
(D) in paragraph (3), by--
(i) striking ``domestic violence cases'' and
inserting ``domestic violence, dating violence,
sexual assault, and stalking cases''; and
(ii) striking ``groups'' and inserting
``teams'';
(E) in paragraph (5), by striking ``domestic
violence and dating violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking'';
(F) in paragraph (6), by--
(i) striking ``other'' and inserting
``civil''; and
(ii) inserting after ``domestic violence'' the
following: ``, dating violence, sexual assault,
and stalking''; and
(G) by adding at the end the following:
``(9) To develop State, tribal, territorial, or local
policies, procedures, and protocols for preventing dual arrests
and prosecutions in cases of domestic violence, dating violence,
sexual assault, and stalking, and to develop effective methods
for identifying the pattern and history of abuse that indicates
which party is the actual perpetrator of abuse.
``(10) To plan, develop and establish comprehensive victim
service and support centers, such as family justice centers,
designed to bring together victim advocates from non-profit,
non-governmental victim services organizations, law enforcement
officers, prosecutors, probation officers, governmental victim
assistants, forensic medical professionals, civil legal
attorneys, chaplains, legal advocates, representatives from
community-based organizations and other relevant public or
private agencies or organizations into one centralized location,
in order to improve safety, access to services, and
confidentiality for victims and families. Although funds may be
used to support the colocation of project partners under this
paragraph, funds may not support construction or major
renovation expenses or activities that fall outside of the scope
of the other statutory purpose areas.
``(11) To develop and implement policies and training for
police, prosecutors, probation and parole officers, and the
judiciary in recognizing, investigating, and prosecuting
instances of sexual assault, with an emphasis on recognizing the
threat to the community for repeat crime perpetration by such
individuals.
[[Page 119 STAT. 2977]]
``(12) To develop, enhance, and maintain protection order
registries.
``(13) <<NOTE: HIV.>> To develop human immunodeficiency
virus (HIV) testing programs for sexual assault perpetrators and
notification and counseling protocols.'';
(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) <<NOTE: Certification. Deadline.>> certify that, not
later than 3 years after the date of enactment of this section,
their laws, policies, or practices will ensure that--
``(A) no law enforcement officer, prosecuting
officer or other government official shall ask or
require an adult, youth, or child victim of a sex
offense as defined under Federal, tribal, State,
territorial, or local law to submit to a polygraph
examination or other truth telling device as a condition
for proceeding with the investigation of such an
offense; and
``(B) the refusal of a victim to submit to an
examination described in subparagraph (A) shall not
prevent the investigation of the offense.''; and
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Speedy Notice to Victims.--A State or unit of local government
shall not be entitled to 5 percent of the funds allocated under this
part unless the State or unit of local government--
``(1) <<NOTE: Certification.>> certifies that it has a law
or regulation that requires--
``(A) <<NOTE: HIV. Deadline.>> the State or unit of
local government at the request of a victim to
administer to a defendant, against whom an information
or indictment is presented for a crime in which by force
or threat of force the perpetrator compels the victim to
engage in sexual activity, testing for the
immunodeficiency virus (HIV) not later than 48 hours
after the date on which the information or indictment is
presented;
``(B) as soon as practicable notification to the
victim, or parent and guardian of the victim, and
defendant of the testing results; and
``(C) follow-up tests for HIV as may be medically
appropriate, and that as soon as practicable after each
such test the results be made available in accordance
with subparagraph (B); or
``(2) <<NOTE: Deadline.>> gives the Attorney General
assurances that it laws and regulations will be in compliance
with requirements of paragraph (1) within the later of--
``(A) the period ending on the date on which the
next session of the State legislature ends; or
``(B) 2 years.
``(e) 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
[[Page 119 STAT. 2978]]
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. <<NOTE: 42 USC 3796hh-5.>> TRAINING AND TECHNICAL
ASSISTANCE.
``Of the total amounts appropriated under this part, not less than 5
percent and up to 8 percent shall be available for providing training
and technical assistance relating to the purpose areas of this part to
improve the capacity of grantees and other entities.''.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C.
3796gg-6) is amended--
(1) in subsection (a), by--
(A) inserting before ``legal assistance'' the
following: ``civil and criminal'';
(B) inserting after ``effective aid to'' the
following: ``adult and youth''; and
(C) inserting at the end the following: ``Criminal
legal assistance provided for under this section shall
be limited to criminal matters relating to domestic
violence, sexual assault, dating violence, and
stalking.'';
(2) by striking subsection (b) and inserting the following:
``(b) <<NOTE: Applicability.>> Definitions.--In this section, the
definitions provided in section 40002 of the Violence Against Women Act
of 1994 shall apply.'';
(3) in subsection (c), by inserting ``and tribal
organizations, territorial organizations'' after ``Indian tribal
governments'';
(4) in subsection (d) by striking paragraph (2) and
inserting the following:
``(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed with
input from and in collaboration with a tribal, State,
territorial, or local domestic violence, dating violence, sexual
assault or stalking organization or coalition, as well as
appropriate tribal, State, territorial, and local law
enforcement officials;''.
(5) in subsection (e), by inserting ``dating violence,''
after ``domestic violence,''; and
(6) in subsection (f)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--There is authorized to be appropriated to
carry out this section $65,000,000 for each of fiscal years 2007
through 2011.''; 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)--
[[Page 119 STAT. 2979]]
(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) <<NOTE: 22 USC 7105 note.>> 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 <<NOTE: Violence Against Women Act Court Training and
Improvements Act of 2005. Grants.>> J--Violence Against Women Act Court
Training and Improvements
``SEC. 41001. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.
``This subtitle may be cited as the `Violence Against Women Act
Court Training and Improvements Act of 2005'.
``SEC. 41002. <<NOTE: 42 USC 14043.>> PURPOSE.
``The purpose of this subtitle is to enable the Attorney General,
though the Director of the Office on Violence Against Women, to award
grants to improve court responses to adult and youth domestic violence,
dating violence, sexual assault, and stalking to be used for--
``(1) improved internal civil and criminal court functions,
responses, practices, and procedures;
``(2) education for court-based and court-related personnel
on issues relating to victims' needs, including safety,
security, privacy, confidentiality, and economic independence,
as well as information about perpetrator behavior and best
practices for holding perpetrators accountable;
``(3) collaboration and training with Federal, State,
tribal, territorial, and local public agencies and officials and
nonprofit, nongovernmental organizations to improve
implementation and
[[Page 119 STAT. 2980]]
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
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. <<NOTE: 42 USC 14043a.>> GRANT REQUIREMENTS.
``Grants awarded under this subtitle shall be subject to the
following conditions:
``(1) Eligible grantees.--Eligible grantees may include--
``(A) Federal, State, tribal, territorial, or local
courts or court-based programs; and
``(B) national, State, tribal, territorial, or local
private, nonprofit organizations with demonstrated
expertise in developing and providing judicial education
about domestic violence, dating violence, sexual
assault, or stalking.
``(2) Conditions of eligibility.--To be eligible for a grant
under this section, applicants shall certify in writing that--
``(A) any courts or court-based personnel working
directly with or making decisions about adult or youth
parties experiencing domestic violence, dating violence,
sexual assault, and stalking have completed or will
complete education about domestic violence, dating
violence, sexual assault, and stalking;
``(B) any education program developed under section
41002 has been or will be developed with significant
input from and in collaboration with a national, tribal,
State, territorial, or local victim services provider or
coalition; and
``(C) the grantee's internal organizational
policies, procedures, or rules do not require mediation
or counseling between offenders and victims physically
together in cases where domestic violence, dating
violence, sexual assault, or stalking is an issue.
``SEC. 41004. <<NOTE: 42 USC 14043a-1.>> 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,
[[Page 119 STAT. 2981]]
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. <<NOTE: 42 USC 14043a-2.>> 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; or
``(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. <<NOTE: 42 USC 14043a-3.>> 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 2007 to 2011.
``(b) Availability.--Funds appropriated under this section shall
remain available until expended and may only be used for the specific
programs and activities described in this subtitle.
``(c) Set Aside.--Of the amounts made available under this
subsection in each fiscal year, not less than 10 percent shall be used
for grants for tribal courts, tribal court-related programs, and tribal
nonprofits.''.
SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.
(a) Enforcement of Protection Orders Issued by Territories.--Section
2265 of title 18, United States Code, is amended by--
(1) striking ``or Indian tribe'' each place it appears and
inserting ``, Indian tribe, or territory''; and
(2) striking ``State or tribal'' each place it appears and
inserting ``State, tribal, or territorial''.
(b) Clarification of Entities Having Enforcement Authority and
Responsibilities.--Section 2265(a) of title 18, United States Code, is
amended by striking ``and enforced as if it were'' and inserting ``and
enforced by the court and law enforcement personnel of the other State,
Indian tribal government or Territory as if it were''.
[[Page 119 STAT. 2982]]
(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 make
available 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 abuser, as
determined by the length of the
relationship, the type of relationship,
and the frequency of interaction between
the persons involved in the
relationship''.
[[Page 119 STAT. 2983]]
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. <<NOTE: 42 USC 14043b.>> GRANTS TO PROTECT THE PRIVACY AND
CONFIDENTIALITY OF VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``The Attorney General, through the Director of the Office on
Violence Against Women, may award grants under this subtitle to States,
Indian tribes, territories, or local agencies or nonprofit,
nongovernmental organizations to ensure that personally identifying
information of adult, youth, and child victims of domestic violence,
sexual violence, stalking, and dating violence shall not be released or
disclosed to the detriment of such victimized persons.
``SEC. 41102. <<NOTE: 42 USC 14043b-1.>> 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. <<NOTE: 42 USC 14043b-2.>> ELIGIBLE ENTITIES.
``Entities eligible for grants under this subtitle include--
``(1) jurisdictions or agencies within jurisdictions having
authority or responsibility for developing or maintaining public
databases, registries or victim notification systems;
``(2) nonprofit nongovernmental victim advocacy
organizations having expertise regarding confidentiality,
privacy, and information technology and how these issues are
likely to impact the safety of victims;
``(3) States or State agencies;
``(4) local governments or agencies;
``(5) Indian tribal governments or tribal organizations;
``(6) territorial governments, agencies, or organizations;
or
[[Page 119 STAT. 2984]]
``(7) nonprofit nongovernmental victim advocacy
organizations, including statewide domestic violence and sexual
assault coalitions.
``SEC. 41104. <<NOTE: 42 USC 14043b-3.>> GRANT CONDITIONS.
``Applicants described in paragraph (1) and paragraphs (3) through
(6) shall demonstrate that they have entered into a significant
partnership with a State, tribal, territorial, or local victim service
or advocacy organization or condition in order to develop safe,
confidential, and effective protocols, procedures, policies, and systems
for protecting personally identifying information of victims.
``SEC. 41105. <<NOTE: 42 USC 14043b-4.>> 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 2007 through 2011.
``(b) Tribal Allocation.--Of the amount made available under this
section in each fiscal year, 10 percent shall be used for grants to
Indian tribes for programs that assist victims of domestic violence,
dating violence, stalking, and sexual assault.
``(c) Technical Assistance and Training.--Of the amount made
available under this section in each fiscal year, not less than 5
percent shall be used for grants to organizations that have expertise in
confidentiality, privacy, and technology issues impacting victims of
domestic violence, dating violence, sexual assault, and stalking to
provide technical assistance and training to grantees and non-grantees
on how to improve safety, privacy, confidentiality, and technology to
protect victimized persons.''.
SEC. 108. SEX OFFENDER MANAGEMENT.
Section 40152 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and
inserting the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2007 through 2011.''.
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 ``2007''; and
(2) by striking ``2006'' and inserting ``2011''.
SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322) <<NOTE: 108 Stat. 1910>> 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
2007 through 2011.''.
SEC. 111. <<NOTE: 42 USC 14044f.>> 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
[[Page 119 STAT. 2985]]
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 2007 through 2011
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;
and
``(2) 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.''.
[[Page 119 STAT. 2986]]
(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)--
(i) by striking ``subsection (a) shall be''
and inserting the following: ``subsection (a)--
``(A) shall be'';
(ii) by striking ``(2) may be'' and inserting
the following:
``(B) may be''; and
(iii) in subparagraph (B) (as redesignated),
by striking ``to initiate or expand'' and
inserting ``to initiate, sustain, and expand'';
and
(B) in the first sentence of paragraph (2)--
(i) by 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 fingerprint-based criminal
background checks from the Federal Bureau of Investigation's criminal
history database for prospective volunteers. The requesting program is
responsible for the reasonable costs associated with the Federal records
check.''.
(d) Report.--Subtitle B of title II of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13011 et seq.) is amended--
(1) by redesignating section 218 <<NOTE: 42 USC 13014.>> as
section 219; and
(2) by inserting after section 217 the following new
section:
``SEC. 218. <<NOTE: 42 USC 13013a.>> REPORT.
``(a) Report Required.--Not later than December 31, 2006, the
Inspector General of the Department of Justice shall submit to Congress
a report on the types of activities funded by the National Court-
Appointed Special Advocate Association and a comparison of outcomes in
cases where court-appointed special advocates are involved and cases
where court-appointed special advocates are not involved.
``(b) Elements of Report.--The report submitted under subsection (a)
shall include information on the following:
``(1) The types of activities the National Court-Appointed
Special Advocate Association has funded since 1993.
``(2) The outcomes in cases where court-appointed special
advocates are involved as compared to cases where court-
appointed special advocates are not involved, including--
``(A) the length of time a child spends in foster
care;
``(B) the extent to which there is an increased
provision of services;
``(C) the percentage of cases permanently closed;
and
``(D) achievement of the permanent plan for
reunification or adoption.''.
(e) Authorization of Appropriations.--
[[Page 119 STAT. 2987]]
(1) Authorization.--Section 219 of the Victims of Child
Abuse Act of 1990, as redesignated by subsection <<NOTE: 42 USC
13014.>> (d), is amended by striking subsection (a) and
inserting the following:
``(a) Authorization.--There is authorized to be appropriated to
carry out this subtitle $12,000,000 for each of fiscal years 2007
through 2011.''.
(2) Prohibition on lobbying.--Section 219 of the Victims of
Child Abuse Act of 1990, as redesignated by subsection (d) and
amended by paragraphs (1) and (2), is further amended by adding
at the end the following new subsection:
``(c) Prohibition on Lobbying.--No funds authorized under this
subtitle may be used for lobbying activities in contravention of OMB
Circular No. A-122.''.
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) <<NOTE: 47 USC 223 note.>> 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, or place under surveillance with intent to
kill, injure, harass, or intimidate another person, and in the
course of, or as a result of, such travel places that person in
reasonable fear of the death of, or serious bodily injury to, or
causes substantial emotional distress to that person, a member
of the immediate family (as defined in section 115) of that
person, or the spouse or intimate partner of that person; or
``(2) with the intent--
``(A) to kill, injure, harass, or place under
surveillance with intent to kill, injure, harass, or
intimidate, or cause substantial emotional distress to a
person in another State or tribal jurisdiction or within
the special maritime and territorial jurisdiction of the
United States; or
[[Page 119 STAT. 2988]]
``(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, any interactive computer service, or any
facility of interstate or foreign commerce to engage in
a course of conduct that causes substantial emotional
distress to that person or places that person in
reasonable fear of the death of, or serious bodily
injury to, any of the persons described in clauses (i)
through (iii) of subparagraph (B);
shall be punished as provided in section 2261(b) of this title.''.
(b) Enhanced Penalties for Stalking.--Section 2261(b) of title 18,
United States Code, is amended by adding at the end the following:
``(6) Whoever commits the crime of stalking in violation of
a temporary or permanent civil or criminal injunction,
restraining order, no-contact order, or other order described in
section 2266 of title 18, United States Code, shall be punished
by imprisonment for not less than 1 year.''.
SEC. 115. REPEAT OFFENDER PROVISION.
Chapter 110A of title 18, United States Code, is amended by adding
after section 2265 the following:
``Sec. 2265A. Repeat offenders
``(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior domestic
violence or stalking offense shall be twice the term otherwise provided
under this chapter.
``(b) Definition.--For purposes of this section--
``(1) the term `prior domestic violence or stalking offense'
means a conviction for an offense--
``(A) under section 2261, 2261A, or 2262 of this
chapter; or
``(B) under State law for an offense consisting of
conduct that would have been an offense under a section
referred to in subparagraph (A) if the conduct had
occurred within the special maritime and territorial
jurisdiction of the United States, or in interstate or
foreign commerce; and
``(2) the term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.''.
SEC. 116. PROHIBITING DATING VIOLENCE.
(a) In General.--Section 2261(a) of title 18, United States Code, is
amended--
(1) in paragraph (1), striking ``or intimate partner'' and
inserting ``, intimate partner, or dating partner''; and
(2) in paragraph (2), striking ``or intimate partner'' and
inserting ``, intimate partner, or dating partner''.
(b) Definition.--Section 2266 of title 18, United States Code, is
amended by adding at the end the following:
[[Page 119 STAT. 2989]]
``(10) Dating partner.--The term `dating partner' refers to
a person who is or has been in a social relationship of a
romantic or intimate nature with the abuser and the existence of
such a relationship based on a consideration of--
``(A) the length of the relationship; and
``(B) the type of relationship; and
``(C) the frequency of interaction between the
persons involved in the relationship.''.
SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME AND TERRITORIAL
JURISDICTION.
(a) Domestic Violence.--Section 2261(a)(1) of title 18, United
States Code, is amended by inserting after ``Indian country'' the
following: ``or within the special maritime and territorial jurisdiction
of the United States''.
(b) Protection Order.--Section 2262(a)(1) of title 18, United States
Code, is amended by inserting after ``Indian country'' the following:
``or within the special maritime and territorial jurisdiction of the
United States''.
SEC. 118. UPDATING PROTECTION ORDER DEFINITION.
Section 534 of title 28, United States Code, is amended by striking
subsection (e)(3)(B) and inserting the following:
``(B) the term `protection order' includes--
``(i) any injunction, restraining order, or
any other order issued by a civil or criminal
court for the purpose of preventing violent or
threatening acts or harassment against, sexual
violence or contact or communication with or
physical proximity to, another person, including
any temporary or final orders issued by civil or
criminal courts whether obtained by filing an
independent action or as a pendente lite order in
another proceeding so long as any civil order was
issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking
protection; and
``(ii) any support, child custody or
visitation provisions, orders, remedies, or relief
issued as part of a protection order, restraining
order, or stay away injunction pursuant to State,
tribal, territorial, or local law authorizing the
issuance of protection orders, restraining orders,
or injunctions for the protection of victims of
domestic violence, dating violence, sexual
assault, or stalking.''.
SEC. 119. GAO STUDY AND REPORT.
(a) Study Required.--The Comptroller General shall conduct a study
to establish the extent to which men, women, youth, and children are
victims of domestic violence, dating violence, sexual assault, and
stalking and the availability to all victims of shelter, counseling,
legal representation, and other services commonly provided to victims of
domestic violence.
(b) <<NOTE: Applicability.>> Activities Under Study.--In conducting
the study, the following shall apply:
(1) Crime statistics.--The Comptroller General shall not
rely only on crime statistics, but may also use existing
research available, including public health studies and academic
studies.
(2) Survey.--The Comptroller General shall survey the
Department of Justice, as well as any recipients of Federal
[[Page 119 STAT. 2990]]
funding for any purpose or an appropriate sampling of
recipients, to determine--
(A) what services are provided to victims of
domestic violence, dating violence, sexual assault, and
stalking;
(B) whether those services are made available to
youth, child, female, and male victims; and
(C) the number, age, and gender of victims receiving
each available service.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report
on the activities carried out under this section.
SEC. 120. <<NOTE: 42 USC 14045.>> GRANTS FOR OUTREACH TO UNDERSERVED
POPULATIONS.
(a) Grants Authorized.--
(1) In general.--From amounts made available to carry out
this section, the Attorney General, acting through the Director
of the Office on Violence Against Women, shall award grants to
eligible entities described in subsection (b) to carry out
local, regional, or national public information campaigns
focused on addressing adult, youth, or minor domestic violence,
dating violence, sexual assault, stalking, or trafficking within
tribal and underserved populations and immigrant communities,
including information on services available to victims and ways
to prevent or reduce domestic violence, dating violence, sexual
assault, and stalking.
(2) Term.--The Attorney General shall award grants under
this section for a period of 1 fiscal year.
(b) Eligible Entities.--Eligible entities under this section are--
(1) nonprofit, nongovernmental organizations or coalitions
that represent the targeted tribal and underserved populations
or immigrant community that--
(A) have a documented history of creating and
administering effective public awareness campaigns
addressing domestic violence, dating violence, sexual
assault, and stalking; or
(B) work in partnership with an organization that
has a documented history of creating and administering
effective public awareness campaigns addressing domestic
violence, dating violence, sexual assault, and stalking;
or
(2) a governmental entity that demonstrates a partnership
with organizations described in paragraph (1).
(c) Allocation of Funds.--Of the amounts appropriated for grants
under this section--
(1) not more than 20 percent shall be used for national
model campaign materials targeted to specific tribal and
underserved populations or immigrant community, including
American Indian tribes and Alaskan native villages for the
purposes of research, testing, message development, and
preparation of materials; and
(2) the balance shall be used for not less than 10 State,
regional, territorial, tribal, or local campaigns targeting
specific communities with information and materials developed
through the national campaign or, if appropriate, new materials
to reach an underserved population or a particularly isolated
community.
[[Page 119 STAT. 2991]]
(d) Use of Funds.--Funds appropriated under this section shall be
used to conduct a public information campaign and build the capacity and
develop leadership of racial, ethnic populations, or immigrant community
members to address domestic violence, dating violence, sexual assault,
and stalking.
(e) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director of the Office on
Violence Against Women at such time, in such form, and in such manner as
the Director may prescribe.
(f) Criteria.--In awarding grants under this section, the Attorney
General shall ensure--
(1) reasonable distribution among eligible grantees
representing various underserved and immigrant communities;
(2) reasonable distribution among State, regional,
territorial, tribal, and local campaigns; and
(3) that not more than 8 percent of the total amount
appropriated under this section for each fiscal year is set
aside for training, technical assistance, and data collection.
(g) Reports.--Each eligible entity receiving a grant under this
section shall submit to the Director of the Office of Violence Against
Women, every 18 months, a report that describes the activities carried
out with grant funds.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2007 through 2011.
SEC. 121. <<NOTE: 42 USC 14045a.>> ENHANCING CULTURALLY AND
LINGUISTICALLY SPECIFIC SERVICES FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Establishment.--
(1) In general.--Of the amounts appropriated under certain
grant programs identified in paragraph (a)(2) of this Section,
the Attorney General, through the Director of the Violence
Against Women Office (referred to in this section as the
``Director''), shall take 5 percent of such appropriated amounts
and combine them to establish a new grant program to enhance
culturally and linguistically specific services for victims of
domestic violence, dating violence, sexual assault, and
stalking. Grants made under this new program shall be
administered by the Director.
(2) Programs covered.--The programs covered by paragraph (1)
are the programs carried out under the following provisions:
(A) Section 2101 (42 U.S.C. 3796hh), Grants to
Encourage Arrest Policies.
(B) Section 1201 of the Violence Against Women Act
of 2000 (42 U.S.C. 3796gg-6), Legal Assistance for
Victims.
(C) Section 40295 of the Violence Against Women Act
of 1994 (42 U.S.C. 13971), Rural Domestic Violence and
Child Abuser Enforcement Assistance.
(D) Section ___ of the Violence Against Women Act of
1994 (42 U.S.C. ___), Older Battered Women.
(E) Section ___ of the Violence Against Women Act of
2000 (42 U.S.C. ___), Disabled Women Program.
(b) Purpose of Program and Grants.--
(1) General program purpose.--The purpose of the program
required by this section is to promote:
[[Page 119 STAT. 2992]]
(A) The maintenance and replication of existing
successful services in domestic violence, dating
violence, sexual assault, and stalking community-based
programs providing culturally and linguistically
specific services and other resources.
(B) The development of innovative culturally and
linguistically specific strategies and projects to
enhance access to services and resources for victims of
domestic violence, dating violence, sexual assault, and
stalking who face obstacles to using more traditional
services and resources.
(2) Purposes for which grants may be used.--The Director
shall make grants to community-based programs for the purpose of
enhancing culturally and linguistically specific services for
victims of domestic violence, dating violence, sexual assault,
and stalking. Grants under the program shall support community-
based efforts to address distinctive cultural and linguistic
responses to domestic violence, dating violence, sexual assault,
and stalking.
(3) Technical assistance and training.--The Director shall
provide technical assistance and training to grantees of this
and other programs under this Act regarding the development and
provision of effective culturally and linguistically specific
community-based services by entering into cooperative agreements
or contracts with an organization or organizations having a
demonstrated expertise in and whose primary purpose is
addressing the development and provision of culturally and
linguistically specific community-based services to victims of
domestic violence, dating violence, sexual assault, and
stalking.
(c) Eligible Entities.--Eligible entities for grants under this
Section include--
(1) community-based programs whose primary purpose is
providing culturally and linguistically specific services to
victims of domestic violence, dating violence, sexual assault,
and stalking; and
(2) community-based programs whose primary purpose is
providing culturally and linguistically specific services who
can partner with a program having demonstrated expertise in
serving victims of domestic violence, dating violence, sexual
assault, and stalking.
(d) Reporting.--The Director shall issue a biennial report on the
distribution of funding under this section, the progress made in
replicating and supporting increased services to victims of domestic
violence, dating violence, sexual assault, and stalking who face
obstacles to using more traditional services and resources, and the
types of culturally and linguistically accessible programs, strategies,
technical assistance, and training developed or enhanced through this
program.
(e) Grant Period.--The Director shall award grants for a 2-year
period, with a possible extension of another 2 years to implement
projects under the grant.
(f) <<NOTE: Contracts.>> Evaluation.--The Director shall award a
contract or cooperative agreement to evaluate programs under this
section to an entity with the demonstrated expertise in and primary goal
of providing enhanced cultural and linguistic access to services and
resources for victims of domestic violence, dating violence,
[[Page 119 STAT. 2993]]
sexual assault, and stalking who face obstacles to using more
traditional services and resources.
(g) Non-Exclusivity.--Nothing in this Section shall be interpreted
to exclude linguistic and culturally specific community-based programs
from applying to other grant programs authorized under this Act.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. <<NOTE: 42 USC 13925 note.>> FINDINGS.
Congress finds the following:
(1) Nearly \1/3\ of American women report physical or sexual
abuse by a husband or boyfriend at some point in their lives.
(2) According to the National Crime Victimization Survey,
248,000 Americans 12 years of age and older were raped or
sexually assaulted in 2002.
(3) Rape and sexual assault in the United States is
estimated to cost $127,000,000,000 per year, including--
(A) lost productivity;
(B) medical and mental health care;
(C) police and fire services;
(D) social services;
(E) loss of and damage to property; and
(F) reduced quality of life.
(4) Nonreporting of sexual assault in rural areas is a
particular problem because of the high rate of nonstranger
sexual assault.
(5) Geographic isolation often compounds the problems facing
sexual assault victims. The lack of anonymity and accessible
support services can limit opportunities for justice for
victims.
(6) Domestic elder abuse is primarily family abuse. The
National Elder Abuse Incidence Study found that the perpetrator
was a family member in 90 percent of cases.
(7) Barriers for older victims leaving abusive relationships
include--
(A) the inability to support themselves;
(B) poor health that increases their dependence on
the abuser;
(C) fear of being placed in a nursing home; and
(D) ineffective responses by domestic abuse programs
and law enforcement.
(8) Disabled women comprise another vulnerable population
with unmet needs. Women with disabilities are more likely to be
the victims of abuse and violence than women without
disabilities because of their increased physical, economic,
social, or psychological dependence on others.
(9) Many women with disabilities also fail to report the
abuse, since they are dependent on their abusers and fear being
abandoned or institutionalized.
(10) Of the 598 battered women's programs surveyed--
[[Page 119 STAT. 2994]]
(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. 2014. <<NOTE: 42 USC 3796gg-9.>> SEXUAL ASSAULT SERVICES.
``(a) Purposes.--The purposes of this section are--
``(1) to assist States, Indian tribes, and territories in
providing intervention, advocacy, accompaniment, support
services, and related assistance for--
``(A) adult, youth, and child victims of sexual
assault;
``(B) family and household members of such victims;
and
[[Page 119 STAT. 2995]]
``(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
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.
[[Page 119 STAT. 2996]]
``(B) Contents.--Each application submitted under
subparagraph (A) shall--
``(i) set forth procedures designed to ensure
meaningful involvement of the State or territorial
sexual assault coalition and representatives from
underserved communities in the development of the
application and the implementation of the plans;
``(ii) set forth procedures designed to ensure
an equitable distribution of grants and grant
funds within the State or territory and between
urban and rural areas within such State or
territory;
``(iii) identify the State or territorial
agency that is responsible for the administration
of programs and activities; and
``(iv) meet other such requirements as the
Attorney General reasonably determines are
necessary to carry out the purposes and provisions
of this section.
``(4) Minimum amount.--The Attorney General shall allocate
to each State not less than 1.50 percent of the total amount
appropriated in a fiscal year for grants under this section,
except that the United States Virgin Islands, American Samoa,
Guam, the District of Columbia, Puerto Rico, and the
Commonwealth of the Northern Mariana Islands shall each be
allocated 0.125 percent of the total appropriations. The
remaining funds shall be allotted to each State and each
territory in an amount that bears the same ratio to such
remaining funds as the population of such State and such
territory bears to the population of the combined States or the
population of the combined territories.
``(c) Grants for Culturally Specific Programs Addressing Sexual
Assault.--
``(1) Grants authorized.--The Attorney General shall award
grants to eligible entities to support the establishment,
maintenance, and expansion of culturally specific intervention
and related assistance for victims of sexual assault.
``(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
``(A) be a private nonprofit organization that
focuses primarily on culturally specific 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 communities to whom assistance would be
provided or have the capacity to link to existing
services in the community tailored to the needs of
culturally specific populations; and
``(D) have an advisory board or steering committee
and staffing which is reflective of the targeted
culturally specific 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
[[Page 119 STAT. 2997]]
in any year for administration, monitoring, and
evaluation of grants made available under this
subsection.
``(B) Up to 5 percent of funds appropriated under
this subsection in any year shall be available for
technical assistance by a national, nonprofit,
nongovernmental organization or organizations whose
primary focus and expertise is in addressing sexual
assault within underserved culturally specific
populations.
``(5) Term.--The Attorney General shall make grants under
this section for a period of no less than 2 fiscal years.
``(6) Reporting.--Each entity receiving a grant under this
subsection shall submit a report to the Attorney General that
describes the activities carried out with such grant funds.
``(d) Grants to State, Territorial, and Tribal Sexual Assault
Coalitions.--
``(1) Grants authorized.--
``(A) In general.--The Attorney General shall award
grants to State, territorial, and tribal sexual assault
coalitions to assist in supporting the establishment,
maintenance, and expansion of such coalitions.
``(B) Minimum amount.--Not less than 10 percent of
the total amount appropriated to carry out this section
shall be used for grants under subparagraph (A).
``(C) Eligible applicants.--Each of the State,
territorial, and tribal sexual assault coalitions.
``(2) Use of funds.--Grant funds received under this
subsection may be used to--
``(A) work with local sexual assault programs and
other providers of direct services to encourage
appropriate responses to sexual assault within the
State, territory, or tribe;
``(B) work with judicial and law enforcement
agencies to encourage appropriate responses to sexual
assault cases;
``(C) work with courts, child protective services
agencies, and children's advocates to develop
appropriate responses to child custody and visitation
issues when sexual assault has been determined to be a
factor;
``(D) design and conduct public education campaigns;
``(E) plan and monitor the distribution of grants
and grant funds to their State, territory, or tribe; or
``(F) collaborate with and inform Federal, State, or
local public officials and agencies to develop and
implement policies to reduce or eliminate sexual
assault.
``(3) Allocation and use of funds.--From amounts
appropriated for grants under this subsection for each fiscal
year--
``(A) not less than 10 percent of the funds shall be
available for grants to tribal sexual assault
coalitions; and
``(B) the remaining funds shall be available for
grants to State and territorial coalitions, and the
Attorney General shall allocate an amount equal to \1/
56\ of the amounts so appropriated to each of those
State and territorial coalitions.
``(4) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Attorney General at such time, in such manner, and containing
such information as the Attorney General determines to be
essential to carry out the purposes of this section.
[[Page 119 STAT. 2998]]
``(5) First-time applicants.--No entity shall be prohibited
from submitting an application under this subsection during any
fiscal year for which funds are available under this subsection
because such entity has not previously applied or received
funding under this subsection.
``(e) Grants to Tribes.--
``(1) Grants authorized.--The Attorney General may award
grants to Indian tribes, tribal organizations, and nonprofit
tribal organizations for the operation of sexual assault
programs or projects in Indian country and Alaska 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 2007 through 2011 to
carry out the provisions of this section.
``(2) Allocations.--Of the total amounts appropriated for
each fiscal year to carry out this section--
``(A) not more than 2.5 percent shall be used by the
Attorney General for evaluation, monitoring, and other
administrative costs under this section;
``(B) not more than 2.5 percent shall be used for
the provision of technical assistance to grantees and
subgrantees under this section;
``(C) not less than 65 percent shall be used for
grants to States and territories under subsection (b);
``(D) not less than 10 percent shall be used for
making grants to State, territorial, and tribal sexual
assault coalitions under subsection (d);
``(E) not less than 10 percent shall be used for
grants to tribes under subsection (e); and
``(F) not less than 10 percent shall be used for
grants for culturally specific programs addressing
sexual assault under subsection (c).''.
SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Safe Homes for Women Act of 1994 (42 U.S.C.
13971) is amended to read as follows:
``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
``(a) Purposes.--The purposes of this section are--
[[Page 119 STAT. 2999]]
``(1) to identify, assess, and appropriately respond to
child, youth, and adult victims of domestic violence, sexual
assault, dating violence, and stalking in rural communities, by
encouraging collaboration among--
``(A) domestic violence, dating violence, sexual
assault, and stalking victim service providers;
``(B) law enforcement agencies;
``(C) prosecutors;
``(D) courts;
``(E) other criminal justice service providers;
``(F) human and community service providers;
``(G) educational institutions; and
``(H) health care providers;
``(2) to establish and expand nonprofit, nongovernmental,
State, tribal, territorial, and local government victim services
in rural communities to child, youth, and adult victims; and
``(3) to increase the safety and well-being of women and
children in rural communities, by--
``(A) dealing directly and immediately with domestic
violence, sexual assault, dating violence, and stalking
occurring in rural communities; and
``(B) creating and implementing strategies to
increase awareness and prevent domestic violence, sexual
assault, dating violence, and stalking.
``(b) Grants Authorized.--The Attorney General, acting through the
Director of the Office on Violence Against Women (referred to in this
section as the `Director'), may award grants to States, Indian tribes,
local governments, and nonprofit, public or private entities, including
tribal nonprofit organizations, to carry out programs serving rural
areas or rural communities that address domestic violence, dating
violence, sexual assault, and stalking by--
``(1) implementing, expanding, and establishing cooperative
efforts and projects among law enforcement officers,
prosecutors, victim advocacy groups, and other related parties
to investigate and prosecute incidents of domestic violence,
dating violence, sexual assault, and stalking;
``(2) providing treatment, counseling, advocacy, and other
long- and short-term assistance to adult and minor victims of
domestic violence, dating violence, sexual assault, and stalking
in rural communities, including assistance in immigration
matters; and
``(3) working in cooperation with the community to develop
education and prevention strategies directed toward such issues.
``(c) Use of Funds.--Funds appropriated pursuant to this section
shall be used only for specific programs and activities expressly
described in subsection (a).
``(d) Allotments and Priorities.--
``(1) Allotment for indian tribes.--Not less than 10 percent
of the total amount made available for each fiscal year to carry
out this section shall be allocated for grants to Indian tribes
or tribal organizations.
``(2) Allotment for sexual assault.--
``(A) In general.--Not less than 25 percent of the
total amount appropriated in a fiscal year under this
section shall fund services that meaningfully address
sexual
[[Page 119 STAT. 3000]]
assault in rural communities, however at such time as
the amounts appropriated reach the amount of
$45,000,000, the percentage allocated shall rise to 30
percent of the total amount appropriated, at such time
as the amounts appropriated reach the amount of
$50,000,000, the percentage allocated shall rise to 35
percent of the total amount appropriated, and at such
time as the amounts appropriated reach the amount of
$55,000,000, the percentage allocated shall rise to 40
percent of the amounts appropriated.
``(B) Multiple purpose applications.--Nothing in
this section shall prohibit any applicant from applying
for funding to address sexual assault, domestic
violence, stalking, or dating violence in the same
application.
``(3) Allotment for technical assistance.--Of the amounts
appropriated for each fiscal year to carry out this section, not
more than 8 percent may be used by the Director for technical
assistance costs. Of the amounts appropriated in this
subsection, no less than 25 percent of such amounts shall be
available to a nonprofit, nongovernmental organization or
organizations whose focus and expertise is in addressing sexual
assault to provide technical assistance to sexual assault
grantees.
``(4) Underserved populations.--In awarding grants under
this section, the Director shall give priority to the needs of
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 2007 through 2011 to
carry out this section.
``(2) Additional funding.--In addition to funds received
through a grant under subsection (b), a law enforcement agency
may use funds received through a grant under part Q of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd et seq.) to accomplish the objectives of this
section.''.
SEC. 204. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH
DISABILITIES.
(a) In General.--Section 1402 of the Violence Against Women Act of
2000 (42 U.S.C. 3796gg-7) is amended to read as follows:
``SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END VIOLENCE
AGAINST AND ABUSE OF WOMEN WITH DISABILITIES.
``(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may award grants to eligible
entities--
``(1) to provide training, consultation, and information on
domestic violence, dating violence, stalking, and sexual assault
against individuals with disabilities (as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)); and
``(2) to enhance direct services to such individuals.
[[Page 119 STAT. 3001]]
``(b) Use of Funds.--Grants awarded under this section shall be
used--
``(1) to provide personnel, training, technical assistance,
advocacy, intervention, risk reduction and prevention of
domestic violence, dating violence, stalking, and sexual assault
against disabled individuals;
``(2) to conduct outreach activities to ensure that disabled
individuals who are victims of domestic violence, dating
violence, stalking, or sexual assault receive appropriate
assistance;
``(3) to conduct cross-training for victim service
organizations, governmental agencies, courts, law enforcement,
and nonprofit, nongovernmental organizations serving individuals
with disabilities about risk reduction, intervention, prevention
and the nature of domestic violence, dating violence, stalking,
and sexual assault for disabled individuals;
``(4) to provide technical assistance to assist with
modifications to existing policies, protocols, and procedures to
ensure equal access to the services, programs, and activities of
victim service organizations for disabled individuals;
``(5) to provide training and technical assistance on the
requirements of shelters and victim services organizations under
Federal antidiscrimination laws, including--
``(A) the Americans with Disabilities Act of 1990;
and
``(B) section 504 of the Rehabilitation Act of 1973;
``(6) to modify facilities, purchase equipment, and provide
personnel so that shelters and victim service organizations can
accommodate the needs of disabled individuals;
``(7) to provide advocacy and intervention services for
disabled individuals who are victims of domestic violence,
dating violence, stalking, or sexual assault; or
``(8) to develop model programs providing advocacy and
intervention services within organizations serving disabled
individuals who are victims of domestic violence, dating
violence, sexual assault, or stalking.
``(c) Eligible Entities.--
``(1) In general.--An entity shall be eligible to receive a
grant under this section if the entity is--
``(A) a State;
``(B) a unit of local government;
``(C) an Indian tribal government or tribal
organization; or
``(D) a nonprofit and nongovernmental victim
services organization, such as a State domestic violence
or sexual assault coalition or a nonprofit,
nongovernmental organization serving disabled
individuals.
``(2) Limitation.--A grant awarded for the purpose described
in subsection (b)(8) shall only be awarded to an eligible agency
(as defined in section 410 of the Rehabilitation Act of 1973 (29
U.S.C. 796f-5)).
``(d) Underserved Populations.--In awarding grants under this
section, the Director shall ensure that the needs of underserved
populations are being addressed.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2007 through 2011
to carry out this section.''.
[[Page 119 STAT. 3002]]
SEC. 205. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN LATER
LIFE.
(a) Training Programs.--Section 40802 of the Violence Against Women
Act of 1994 (42 U.S.C. 14041a) is amended to read as follows:
``SEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE AGAINST AND
ABUSE OF WOMEN LATER IN LIFE.
``(a) Grants Authorized.--The Attorney General, through the Director
of the Office on Violence Against Women, may award grants, which may be
used for--
``(1) training programs to assist law enforcement,
prosecutors, governmental agencies, victim assistants, and
relevant officers of Federal, State, tribal, territorial, and
local courts in recognizing, addressing, investigating, and
prosecuting instances of elder abuse, neglect, and exploitation,
including domestic violence, dating violence, sexual assault, or
stalking against victims who are 50 years of age or older;
``(2) providing or enhancing services for victims of elder
abuse, neglect, and exploitation, including domestic violence,
dating violence, sexual assault, or stalking, who are 50 years
of age or older;
``(3) creating or supporting multidisciplinary collaborative
community responses to victims of elder abuse, neglect, and
exploitation, including domestic violence, dating violence,
sexual assault, and stalking, who are 50 years of age or older;
and
``(4) conducting cross-training for victim service
organizations, governmental agencies, courts, law enforcement,
and nonprofit, nongovernmental organizations serving victims of
elder abuse, neglect, and exploitation, including domestic
violence, dating violence, sexual assault, and stalking, who are
50 years of age or older.
``(b) Eligible Entities.--An entity shall be eligible to receive a
grant under this section if the entity is--
``(1) a State;
``(2) a unit of local government;
``(3) an Indian tribal government or tribal organization; or
``(4) a nonprofit and nongovernmental victim services
organization with demonstrated experience in assisting elderly
women or demonstrated experience in addressing domestic
violence, dating violence, sexual assault, and stalking.
``(c) Underserved Populations.--In awarding grants under this
section, the Director shall ensure that services are culturally and
linguistically relevant and that the needs of underserved populations
are being addressed.''.
(b) 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 2007 through 2011''.
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--
[[Page 119 STAT. 3003]]
(1) in subsection (d)(2), by inserting ``(including
technology training)'' after ``train;'';
(2) in subsection (f)(2)(A), by inserting ``, including
technology training to ensure that all persons affiliated with
the hotline are able to effectively operate any technological
systems used by the hotline'' after ``hotline personnel''; and
(3) in subsection (g)(2), by striking ``shall'' and
inserting ``may''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. <<NOTE: 42 USC 13925 note.>> 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.
[[Page 119 STAT. 3004]]
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 2007
through 2011.
``(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. <<NOTE: 42 USC 14043c.>> SERVICES TO ADVOCATE FOR AND
RESPOND TO YOUTH.
``(a) Grants Authorized.--The Attorney General, in consultation with
the Department of Health and Human Services, shall award grants to
eligible entities to conduct programs to serve youth victims of domestic
violence, dating violence, sexual assault, and stalking. Amounts
appropriated under this section may only be used for programs and
activities described under subsection (c).
``(b) Eligible Grantees.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) a nonprofit, nongovernmental entity, the primary
purpose of which is to provide services to teen and young adult
victims of domestic violence, dating violence, sexual assault,
or stalking;
``(2) a community-based organization specializing in
intervention or violence prevention services for youth;
``(3) an Indian Tribe or tribal organization providing
services primarily to tribal youth or tribal victims of domestic
violence, dating violence, sexual assault or stalking; or
``(4) a nonprofit, nongovernmental entity providing services
for runaway or homeless youth affected by domestic or sexual
abuse.
``(c) Use of Funds.--
``(1) In general.--An entity that receives a grant under
this section shall use amounts provided under the grant to
design or replicate, and implement, programs and services, using
domestic violence, dating violence, sexual assault, and stalking
intervention models to respond to the needs of youth who are
victims of domestic violence, dating violence, sexual assault or
stalking.
``(2) Types of programs.--Such a program--
``(A) shall provide direct counseling and advocacy
for youth and young adults, who have experienced
domestic violence, dating violence, sexual assault or
stalking;
[[Page 119 STAT. 3005]]
``(B) shall include linguistically, culturally, and
community relevant services for underserved populations
or linkages to existing services in the community
tailored to the needs of underserved populations;
``(C) may include mental health services for youth
and young adults who have experienced domestic violence,
dating violence, sexual assault, or stalking;
``(D) may include legal advocacy efforts on behalf
of youth and young adults with respect to domestic
violence, dating violence, sexual assault or stalking;
``(E) may work with public officials and agencies to
develop and implement policies, rules, and procedures in
order to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking against youth and
young adults; and
``(F) may use not more than 25 percent of the grant
funds to provide additional services and resources for
youth, including childcare, transportation, educational
support, and respite care.
``(d) Awards Basis.--
``(1) Grants to indian tribes.--Not less than 7 percent of
funds appropriated under this section in any year shall be
available for grants to Indian Tribes or tribal organizations.
``(2) Administration.--The Attorney General shall not use
more than 2.5 percent of funds appropriated under this section
in any year for administration, monitoring, and evaluation of
grants made available under this section.
``(3) Technical assistance.--Not less than 5 percent of
funds appropriated under this section in any year shall be
available to provide technical assistance for programs funded
under this section.
``(e) Term.--The Attorney General shall make the grants under this
section for a period of 3 fiscal years.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2007 through 2011.
``SEC. 41202. <<NOTE: 42 USC 14043c-1.>> ACCESS TO JUSTICE FOR YOUTH.
``(a) Purpose.--It is the purpose of this section to encourage cross
training and collaboration between the courts, domestic violence and
sexual assault service providers, youth organizations and service
providers, violence prevention programs, and law enforcement agencies,
so that communities can establish and implement policies, procedures,
and practices to protect and more comprehensively and effectively serve
young victims of dating violence, domestic violence, sexual assault, and
stalking who are between the ages of 12 and 24, and to engage, where
necessary, other entities addressing the safety, health, mental health,
social service, housing, and economic needs of young victims of domestic
violence, dating violence, sexual assault, and stalking, including
community-based supports such as schools, local health centers,
community action groups, and neighborhood coalitions.
``(b) Grant Authority.--
``(1) In general.--The Attorney General, through the
Director of the Office on Violence Against Women (in this
section referred to as the `Director'), shall make grants to
eligible entities to carry out the purposes of this section.
[[Page 119 STAT. 3006]]
``(2) Grant periods.--Grants shall be awarded under this
section for a period of 2 fiscal years.
``(3) Eligible entities.--To be eligible for a grant under
this section, a grant applicant shall establish a collaboration
that--
``(A) shall include a victim service provider that
has a documented history of effective work concerning
domestic violence, dating violence, sexual assault, or
stalking and the effect that those forms of abuse have
on young people;
``(B) shall include a court or law enforcement
agency partner; and
``(C) may include--
``(i) batterer intervention programs or sex
offender treatment programs with specialized
knowledge and experience working with youth
offenders;
``(ii) community-based youth organizations
that deal specifically with the concerns and
problems faced by youth, including programs that
target teen parents and underserved communities;
``(iii) schools or school-based programs
designed to provide prevention or intervention
services to youth experiencing problems;
``(iv) faith-based entities that deal with the
concerns and problems faced by youth;
``(v) healthcare entities eligible for
reimbursement under title XVIII of the Social
Security Act, including providers that target the
special needs of youth;
``(vi) education programs on HIV and other
sexually transmitted diseases that are designed to
target teens;
``(vii) Indian Health Service, tribal child
protective services, the Bureau of Indian Affairs,
or the Federal Bureau of Investigations; or
``(viii) law enforcement agencies of the
Bureau of Indian Affairs providing tribal law
enforcement.
``(c) Uses of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant for cross-
training and collaborative efforts--
``(1) addressing domestic violence, dating violence, sexual
assault, and stalking, assessing and analyzing currently
available services for youth and young adult victims,
determining relevant barriers to such services in a particular
locality, and developing a community protocol to address such
problems collaboratively;
``(2) to establish and enhance linkages and collaboration
between--
``(A) domestic violence and sexual assault service
providers; and
``(B) where applicable, law enforcement agencies,
courts, Federal agencies, and other entities addressing
the safety, health, mental health, social service,
housing, and economic needs of young victims of abuse,
including community-based supports such as schools,
local health centers, community action groups, and
neighborhood coalitions--
``(i) to respond effectively and
comprehensively to the varying needs of young
victims of abuse;
[[Page 119 STAT. 3007]]
``(ii) to include linguistically, culturally,
and community relevant services for underserved
populations or linkages to existing services in
the community tailored to the needs of underserved
populations; and
``(iii) to include where appropriate legal
assistance, referral services, and parental
support;
``(3) to educate the staff of courts, domestic violence and
sexual assault service providers, and, as applicable, the staff
of law enforcement agencies, Indian child welfare agencies,
youth organizations, schools, healthcare providers, and other
community prevention and intervention programs to responsibly
address youth victims and perpetrators of domestic violence,
dating violence, sexual assault, and stalking;
``(4) to identify, assess, and respond appropriately to
dating violence, domestic violence, sexual assault, or stalking
against teens and young adults and meet the needs of young
victims of violence; and
``(5) to provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence, sexual
assault, and stalking and ensure necessary services dealing with
the health and mental health of victims are available.
``(d) Grant Applications.--To be eligible for a grant under this
section, the entities that are members of the applicant collaboration
described in subsection (b)(3) shall jointly submit an application to
the Director at such time, in such manner, and containing such
information as the Director may require.
``(e) Priority.--In awarding grants under this section, the Director
shall give priority to entities that have submitted applications in
partnership with community organizations and service providers that work
primarily with youth, especially teens, and who have demonstrated a
commitment to coalition building and cooperative problem solving in
dealing with problems of dating violence, domestic violence, sexual
assault, and stalking in teen populations.
``(f) Distribution.--In awarding grants under this section--
``(1) not less than 10 percent of funds appropriated under
this section in any year shall be available to Indian tribal
governments to establish and maintain collaborations involving
the appropriate tribal justice and social services departments
or domestic violence or sexual assault service providers, the
purpose of which is to provide culturally appropriate services
to American Indian women or youth;
``(2) the Director shall not use more than 2.5 percent of
funds appropriated under this section in any year for monitoring
and evaluation of grants made available under this section;
``(3) the Attorney General of the United States shall not
use more than 2.5 percent of funds appropriated under this
section in any year for administration of grants made available
under this section; and
``(4) up to 8 percent of funds appropriated under this
section in any year shall be available to provide technical
assistance for programs funded under this section.
``(g) <<NOTE: Deadline.>> Dissemination of Information.--Not later
than 12 months after the end of the grant period under this section, the
[[Page 119 STAT. 3008]]
Director shall prepare, submit to Congress, and make widely available,
including through electronic means, summaries that contain information
on--
``(1) the activities implemented by the recipients of the
grants awarded under this section; and
``(2) related initiatives undertaken by the Director to
promote attention to dating violence, domestic violence, sexual
assault, and stalking and their impact on young victims by--
``(A) the staffs of courts;
``(B) domestic violence, dating violence, sexual
assault, and stalking victim service providers; and
``(C) law enforcement agencies and community
organizations.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 in each of fiscal
years 2007 through 2011.
``SEC. 41203. <<NOTE: 42 USC 14043c-2.>> 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 2007 through 2011. Funds appropriated under this section shall
remain available until expended. Of the amounts appropriated to carry
out this section for each fiscal year, the Secretary shall--
``(1) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting activities under
this section;
``(2) set aside not more than 7 percent for grants to Indian
tribes to develop programs addressing child maltreatment and
domestic violence or dating violence that are operated by, or in
partnership with, a tribal organization; and
``(3) set aside up to 8 percent for technical assistance and
training to be provided by organizations having demonstrated
expertise in developing collaborative community and system
responses to families in which there is both child maltreatment
and domestic violence or dating violence, which technical
assistance and training may be offered to jurisdictions in the
process of developing community responses to families in which
children are exposed to child maltreatment and domestic violence
or dating violence, whether or not they are receiving funds
under this section.
[[Page 119 STAT. 3009]]
``(d) Underserved Populations.--In awarding grants under this
section, the Secretary shall consider the needs of 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 certain populations 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
[[Page 119 STAT. 3010]]
cases, programs providing support and assistance to underserved
populations, and other necessary supportive services.
``(h) 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. 41204. <<NOTE: Supporting Teens through Education and Protection
Act of 2005. 42 USC 14043c-3.>> GRANTS TO COMBAT DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING IN
MIDDLE AND HIGH SCHOOLS.
``(a) Short Title.--This section may be cited as the `Supporting
Teens through Education and Protection Act of 2005' or the `STEP Act'.
``(b) Grants Authorized.--The Attorney General, through the Director
of the Office on Violence Against Women, is authorized to award grants
to middle schools and high schools that work with domestic violence and
sexual assault experts to enable the schools--
``(1) to provide training to school administrators, faculty,
counselors, coaches, healthcare providers, security personnel,
and other staff on the needs and concerns of students who
experience domestic violence, dating violence, sexual assault,
or stalking, and the impact of such violence on students;
[[Page 119 STAT. 3011]]
``(2) to develop and implement policies in middle and high
schools regarding appropriate, safe responses to, and
identification and referral procedures for, students who are
experiencing or perpetrating domestic violence, dating violence,
sexual assault, or stalking, including procedures for handling
the requirements of court protective orders issued to or against
students or school personnel, in a manner that ensures the
safety of the victim and holds the perpetrator accountable;
``(3) to provide support services for students and school
personnel, such as a resource person who is either on-site or
on-call, and who is an expert described in subsections (i)(2)
and (i)(3), for the purpose of developing and strengthening
effective prevention and intervention strategies for students
and school personnel experiencing domestic violence, dating
violence, sexual assault or stalking;
``(4) to provide developmentally appropriate educational
programming to students regarding domestic violence, dating
violence, sexual assault, and stalking, and the impact of
experiencing domestic violence, dating violence, sexual assault,
and stalking on children and youth by adapting existing
curricula activities to the relevant student population;
``(5) to work with existing mentoring programs and develop
strong mentoring programs for students, including student
athletes, to help them understand and recognize violence and
violent behavior, how to prevent it and how to appropriately
address their feelings; and
``(6) to conduct evaluations to assess the impact of
programs and policies assisted under this section in order to
enhance the development of the programs.
``(c) Award Basis.--The Director shall award grants and contracts
under this section on a competitive basis.
``(d) Policy Dissemination.--The Director shall disseminate to
middle and high schools any existing Department of Justice, Department
of Health and Human Services, and Department of Education policy
guidance and curricula regarding the prevention of domestic violence,
dating violence, sexual assault, and stalking, and the impact of the
violence on children and youth.
``(e) Nondisclosure of Confidential or Private Information.--In
order to ensure the safety of adult, youth, and minor victims of
domestic violence, dating violence, sexual assault, or stalking and
their families, grantees and subgrantees shall protect the
confidentiality and privacy of persons receiving services. Grantees and
subgrantees pursuant to this section shall not disclose any personally
identifying information or individual information collected in
connection with services requested, utilized, or denied through
grantees' and subgrantees' programs. Grantees and subgrantees shall not
reveal individual client information without the informed, written,
reasonably time-limited consent of the person (or in the case of
unemancipated minor, the minor and the parent or guardian, except that
consent for release may not be given by the abuser of the minor or of
the other parent of the minor) about whom information is sought, whether
for this program or any other Tribal, Federal, State or Territorial
grant program. If release of such information is compelled by statutory
or court mandate, grantees and subgrantees shall make reasonable
attempts to provide notice to victims affected by the disclosure of
information. If such personally identifying information is or will be
revealed,
[[Page 119 STAT. 3012]]
grantees and subgrantees shall take steps necessary to protect the
privacy and safety of the persons affected by the release of the
information. Grantees may share non-personally identifying data in the
aggregate regarding services to their clients and non-personally
identifying demographic information in order to comply with Tribal,
Federal, State or Territorial reporting, evaluation, or data collection
requirements. Grantees and subgrantees may share court-generated
information contained in secure, governmental registries for protection
order enforcement purposes.
``(f) Grant Term and Allocation.--
``(1) Term.--The Director shall make the grants under this
section for a period of 3 fiscal years.
``(2) Allocation.--Not more than 15 percent of the funds
available to a grantee in a given year shall be used for the
purposes described in subsection (b)(4)(D), (b)(5), and (b)(6).
``(g) Distribution.--
``(1) In general.--Not less than 5 percent of funds
appropriated under subsection (l) in any year shall be available
for grants to tribal schools, schools on tribal lands or schools
whose student population is more than 25 percent Native
American.
``(2) Administration.--The Director shall not use more than
5 percent of funds appropriated under subsection (l) in any year
for administration, monitoring and evaluation of grants made
available under this section.
``(3) Training, technical assistance, and data collection.--
Not less than 5 percent of funds appropriated under subsection
(l) in any year shall be available to provide training,
technical assistance, and data collection for programs funded
under this section.
``(h) Application.--To be eligible to be awarded a grant or contract
under this section for any fiscal year, a middle or secondary school, in
consultation with an expert as described in subsections (i)(2) and
(i)(3), shall submit an application to the Director at such time and in
such manner as the Director shall prescribe.
``(i) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a partnership that--
``(1) shall include a public, charter, tribal, or nationally
accredited private middle or high school, a school administered
by the Department of Defense under 10 U.S.C. 2164 or 20 U.S.C.
921, a group of schools, or a school district;
``(2) shall include a domestic violence victim service
provider that has a history of working on domestic violence and
the impact that domestic violence and dating violence have on
children and youth;
``(3) shall include a sexual assault victim service
provider, such as a rape crisis center, program serving tribal
victims of sexual assault, or coalition or other nonprofit
nongovernmental organization carrying out a community-based
sexual assault program, that has a history of effective work
concerning sexual assault and the impact that sexual assault has
on children and youth; and
``(4) may include a law enforcement agency, the State,
Tribal, Territorial or local court, nonprofit nongovernmental
organizations and service providers addressing sexual
harassment, bullying or gang-related violence in schools, and
any other such agencies or nonprofit nongovernmental
organizations
[[Page 119 STAT. 3013]]
with the capacity to provide effective assistance to the adult,
youth, and minor victims served by the partnership.
``(j) Priority.--In awarding grants under this section, the Director
shall give priority to entities that have submitted applications in
partnership with relevant courts or law enforcement agencies.
``(k) Reporting and Dissemination of Information.--
``(1) Reporting.--Each of the entities that are members of
the applicant partnership described in subsection (i), that
receive a grant under this section shall jointly prepare and
submit to the Director every 18 months a report detailing the
activities that the entities have undertaken under the grant and
such additional information as the Director shall require.
``(2) Dissemination of information.--Within 9 months of the
completion of the first full grant cycle, the Director shall
publicly disseminate, including through electronic means, model
policies and procedures developed and implemented in middle and
high schools by the grantees, including information on the
impact the policies have had on their respective schools and
communities.
``(l) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section, $5,000,000 for each of fiscal years 2007
through 2011.
``(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.''.
SEC. 304. <<NOTE: 42 USC 14045b.>> GRANTS TO COMBAT VIOLENT CRIMES ON
CAMPUSES.
(a) Grants Authorized.--
(1) In general.--The Attorney General is authorized to make
grants to institutions of higher education, for use by such
institutions or consortia consisting of campus personnel,
student organizations, campus administrators, security
personnel, and regional crisis centers affiliated with the
institution, to develop and strengthen effective security and
investigation strategies to combat domestic violence, dating
violence, sexual assault, and stalking on campuses, and to
develop and strengthen victim services in cases involving such
crimes against women on campuses, which may include partnerships
with local criminal justice authorities and community-based
victim services agencies.
(2) Award basis.--The Attorney General shall award grants
and contracts under this section on a competitive basis for a
period of 3 years. 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.
(3) Equitable participation.--The Attorney General shall
make every effort to ensure--
(A) the equitable participation of private and
public institutions of higher education in the
activities assisted under this section;
(B) the equitable geographic distribution of grants
under this section among the various regions of the
United States; and
[[Page 119 STAT. 3014]]
(C) the equitable distribution of grants under this
section to tribal colleges and universities and
traditionally black colleges and universities.
(b) Use of Grant Funds.--Grant funds awarded under this section may
be used for the following purposes:
(1) To provide personnel, training, technical assistance,
data collection, and other equipment with respect to the
increased apprehension, investigation, and adjudication of
persons committing domestic violence, dating violence, sexual
assault, and stalking on campus.
(2) To train campus administrators, campus security
personnel, and personnel serving on campus disciplinary or
judicial boards to develop and implement campus policies,
protocols, and services that more effectively identify and
respond to the crimes of domestic violence, dating violence,
sexual assault, and
stalking. <<NOTE: Deadline. Standards.>> Within 90 days after
the date of enactment of this Act, the Attorney General shall
issue and make available minimum standards of training relating
to domestic violence, dating violence, sexual assault, and
stalking on campus, for all campus security personnel and
personnel serving on campus disciplinary or judicial boards.
(3) To implement and operate education programs for the
prevention of domestic violence, dating violence, sexual
assault, and stalking.
(4) To develop, enlarge, or strengthen 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, sexual
assault, and stalking, 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 domestic
violence, dating violence, sexual assault, and stalking 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.
(5) To create, disseminate, or otherwise provide assistance
and information about victims' options on and off campus to
bring disciplinary or other legal action, including assistance
to victims in immigration matters.
(6) To develop, install, or expand data collection and
communication systems, including computerized systems, linking
campus security to the local law enforcement for the purpose of
identifying and tracking arrests, protection orders, violations
of protection orders, prosecutions, and convictions with respect
to the crimes of domestic violence, dating violence, sexual
assault, and stalking on campus.
(7) To provide capital improvements (including improved
lighting and communications facilities but not including the
construction of buildings) on campuses to address the crimes
[[Page 119 STAT. 3015]]
of domestic violence, dating violence, sexual assault, and
stalking.
(8) To support improved coordination among campus
administrators, campus security personnel, and local law
enforcement to reduce domestic violence, dating violence, sexual
assault, and stalking on campus.
(c) Applications.--
(1) In general.--In order to be eligible to be awarded a
grant under this section for any fiscal year, an institution of
higher education shall submit an application to the Attorney
General at such time and in such manner as the Attorney General
shall prescribe.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) describe the need for grant funds and the plan
for implementation for any of the purposes described in
subsection (b);
(B) include proof that the institution of higher
education collaborated with any non-profit,
nongovernmental entities carrying out other victim
services programs, including domestic violence, dating
violence, sexual assault, and stalking victim services
programs in the community in which the institution is
located;
(C) describe the characteristics of the population
being served, including type of campus, demographics of
the population, and number of students;
(D) provide measurable goals and expected results
from the use of the grant funds;
(E) provide assurances that the Federal funds made
available under this section shall be used to supplement
and, to the extent practical, increase the level of
funds that would, in the absence of Federal funds, be
made available by the institution for the purposes
described in subsection (b); and
(F) include such other information and assurances as
the Attorney General reasonably determines to be
necessary.
(3) Compliance with campus crime reporting required.--No
institution of higher education shall be eligible for a grant
under this section unless such institution is in compliance with
the requirements of section 485(f) of the Higher Education Act
of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of the total amount
of grant funds appropriated under this section for fiscal years
2007 through 2011 may be used to provide technical assistance in
complying with the mandatory reporting requirements of section
485(f) of such Act.
(d) General Terms and Conditions.--
(1) Nonmonetary assistance.--In addition to the assistance
provided under this section, the Attorney General may request
any Federal agency to use the agency's authorities and the
resources granted to the agency under Federal law (including
personnel, equipment, supplies, facilities, and managerial,
technical, and advisory services) in support of campus security,
and investigation and victim service efforts.
(2) Grantee reporting.--
(A) Annual report.--Each institution of higher
education receiving a grant under this section shall
submit
[[Page 119 STAT. 3016]]
a biennial performance report to the Attorney General.
The Attorney General shall suspend funding under this
section for an institution of higher education if the
institution fails to submit such a report.
(B) Final report.--Upon completion of the grant
period under this section, the institution shall file a
performance report with the Attorney General and the
Secretary of Education explaining the activities carried
out under this section together with an assessment of
the effectiveness of those activities in achieving the
purposes described in subsection (b).
(3) Report to congress.--Not later than 180 days after the
end of the fiscal year for which grants are awarded under this
section, the Attorney General shall submit to Congress a report
that includes--
(A) the number of grants, and the amount of funds,
distributed under this section;
(B) a summary of the purposes for which the grants
were provided and an evaluation of the progress made
under the grant;
(C) a statistical summary of the persons served,
detailing the nature of victimization, and providing
data on age, sex, race, ethnicity, language, disability,
relationship to offender, geographic distribution, and
type of campus; and
(D) an evaluation of the effectiveness of programs
funded under this part.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $12,000,000
for fiscal year 2007 and $15,000,000 for each of fiscal years 2008
through 2011.
(f) Repeal.--Section 826 of the Higher Education Amendments of 1998
(20 U.S.C. 1152) is repealed.
SEC. 305. JUVENILE JUSTICE.
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;''.
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,'';
[[Page 119 STAT. 3017]]
(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
2007 through 2011. Funds appropriated under this section shall
remain available until expended.
``(2) Use of funds.--Of the amounts appropriated to carry
out this section for each fiscal year, the Attorney General
shall--
``(A) set aside not less than 7 percent for grants
to Indian tribal governments or tribal organizations;
``(B) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting
activities under this section; and
``(C) set aside not more than 8 percent for
technical assistance and training to be provided by
organizations having nationally recognized expertise in
the design of safe and secure supervised visitation
programs and visitation exchange of children in
situations involving domestic violence, dating violence,
sexual assault, or stalking.''.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding at the end the following:
``Subtitle M--Strengthening America's Families by Preventing Violence
Against Women and Children
``SEC. 41301. <<NOTE: 42 USC 14043d.>> FINDINGS.
``Congress finds that--
[[Page 119 STAT. 3018]]
``(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. <<NOTE: 42 USC 14043d-1.>> 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. <<NOTE: 42 USC 14043d-2.>> GRANTS TO ASSIST CHILDREN AND
YOUTH EXPOSED TO VIOLENCE.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human Services,
is authorized to award grants on a competitive basis to eligible
entities for the purpose of mitigating the effects of domestic
violence, dating violence, sexual assault, and
[[Page 119 STAT. 3019]]
stalking on children exposed to such violence, and reducing the
risk of future victimization or perpetration of domestic
violence, dating violence, sexual assault, and stalking.
``(2) Term.--The Director shall make grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of underserved
populations;
``(B) awarding not less than 10 percent of such
amounts to Indian tribes for the funding of tribal
projects from the amounts made available under this
section for a fiscal year;
``(C) awarding up to 8 percent for the funding of
technical assistance programs from the amounts made
available under this section for a fiscal year; and
``(D) awarding not less than 66 percent to programs
described in subsection (c)(1) from the amounts made
available under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2007 through 2011.
``(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--
[[Page 119 STAT. 3020]]
``(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 underserved communities.
``SEC. 41304. <<NOTE: 42 USC 14043d-3.>> DEVELOPMENT OF CURRICULA AND
PILOT PROGRAMS FOR HOME VISITATION PROJECTS.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human Services,
shall award grants on a competitive basis to home visitation
programs, in collaboration with victim service providers, for
the purposes of developing and implementing model policies and
procedures to train home visitation service providers on
addressing domestic violence, dating violence, sexual assault,
and stalking in families experiencing violence, or at risk of
violence, to reduce the impact of that violence on children,
maintain safety, improve parenting skills, and break
intergenerational cycles of violence.
``(2) Term.--The Director shall make the grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall--
``(A) consider the needs of underserved populations;
``(B) award not less than 7 percent of such amounts
for the funding of tribal projects from the amounts made
available under this section for a fiscal year; and
``(C) award up to 8 percent for the funding of
technical assistance programs from the amounts made
available under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2007 through 2011.
``(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--
[[Page 119 STAT. 3021]]
``(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 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. <<NOTE: 42 USC 14043d-4.>> ENGAGING MEN AND YOUTH IN
PREVENTING DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
``(a) Grants Authorized.--
``(1) In general--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human Services,
shall award grants on a competitive basis to eligible entities
for the purpose of developing or enhancing programs related to
engaging men and youth in preventing domestic violence, dating
violence, sexual assault, and stalking by helping them to
develop mutually respectful, nonviolent relationships.
``(2) Term.--The Director shall make grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of underserved
populations;
``(B) awarding not less than 10 percent of such
amounts for the funding of Indian tribes from the
amounts made available under this section for a fiscal
year; and
``(C) awarding up to 8 percent for the funding of
technical assistance for grantees and non-grantees
working in this area from the amounts made available
under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2007 through 2011.
``(c) Use of Funds.--
``(1) Programs.--The funds appropriated under this section
shall be used by eligible entities--
``(A) to develop or enhance community-based
programs, including gender-specific programs in
accordance with applicable laws that--
[[Page 119 STAT. 3022]]
``(i) encourage children and youth to pursue
nonviolent relationships and reduce their risk of
becoming victims or perpetrators of domestic
violence, dating violence, sexual assault, or
stalking; and
``(ii) that include at a minimum--
``(I) information on domestic
violence, dating violence, sexual
assault, stalking, or child sexual abuse
and how they affect children and youth;
and
``(II) strategies to help
participants be as safe as possible; or
``(B) to create public education campaigns and
community organizing to encourage men and boys to work
as allies with women and girls to prevent violence
against women and girls conducted by entities that have
experience in conducting public education campaigns that
address domestic violence, dating violence, sexual
assault, or stalking.
``(2) Media limits.--No more than 40 percent of funds
received by a grantee under this section may be used to create
and distribute media materials.
``(d) Eligible Entities.--
``(1) Relationships.--Eligible entities under subsection
(c)(1)(A) are--
``(A) nonprofit, nongovernmental domestic violence,
dating violence, sexual assault, or stalking victim
service providers or coalitions;
``(B) community-based child or youth services
organizations with demonstrated experience and expertise
in addressing the needs and concerns of young people;
``(C) a State, territorial, tribal, or unit of local
governmental entity that is partnered with an
organization described in subparagraph (A) or (B); or
``(D) a program that provides culturally specific
services.
``(2) Awareness campaign.--Eligible entities under
subsection (c)(1)(B) are--
``(A) nonprofit, nongovernmental organizations or
coalitions that have a documented history of creating
and administering effective public education campaigns
addressing the prevention of domestic violence, dating
violence, sexual assault or stalking; or
``(B) a State, territorial, tribal, or unit of local
governmental entity that is partnered with an
organization described in subparagraph (A).
``(e) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) eligible entities pursuant to subsection (c)(1)(A)
shall describe in the application the policies and procedures
that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of
children and youth already experiencing domestic
violence, dating violence, sexual assault, or stalking
in their lives;
[[Page 119 STAT. 3023]]
``(B) ensure linguistically, culturally, and
community relevant services for 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. <<NOTE: 42 USC 280b-4.>> STUDY CONDUCTED BY THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
(a) <<NOTE: Grants.>> Purposes.--The Secretary of Health and Human
Services acting through the National Center for Injury Prevention and
Control at the Centers for Disease Control Prevention shall make grants
to entities, including domestic and sexual assault coalitions and
programs, research organizations, tribal organizations, and academic
institutions to support research to examine prevention and intervention
programs to further the understanding of sexual and domestic violence by
and against adults, youth, and children.
(b) Use of Funds.--The research conducted under this section shall
include evaluation and study of best practices for reducing and
preventing violence against women and children addressed by the
strategies included in Department of Health and Human Services-related
provisions this title, including strategies addressing underserved
communities.
(c) Authorization of Appropriations.--There shall be authorized to
be appropriated to carry out this title $2,000,000 for each of the
fiscal years 2007 through 2011.
SEC. 403. <<NOTE: 42 USC 14045c.>> PUBLIC AWARENESS CAMPAIGN.
(a) <<NOTE: Grants.>> In General.--The Attorney General, acting
through the Office on Violence Against Women], shall make grants to
States for carrying out a campaign to increase public awareness of
issues regarding domestic violence against pregnant women.
(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary 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. <<NOTE: 42 USC 280g-4 note.>> 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.
[[Page 119 STAT. 3024]]
(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. <<NOTE: 42 USC 280g-4 note.>> 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:
[[Page 119 STAT. 3025]]
``SEC. 758. <<NOTE: 42 USC 294h.>> 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 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
[[Page 119 STAT. 3026]]
and other available technologies needed to reach
isolated rural areas; or
``(B) provide stipends to students 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 2007 through 2011. Amounts appropriated under this subsection
shall remain available until expended.''.
SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING GRANTS.
Part P of title III of the Public Health Service Act (42 U.S.C. 280g
et seq.) is amended by adding at the end the following:
``SEC. 399O. <<NOTE: 42 USC 280g-4.>> 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,
[[Page 119 STAT. 3027]]
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,
[[Page 119 STAT. 3028]]
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 2007 through 2011.''.
SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTHCARE SETTING.
Subtitle B of the Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1902 et seq.), as amended by the Violence Against
Women Act of 2000 (114 Stat. 1491 et seq.), and as amended by this Act,
is further amended by adding at the end the following:
[[Page 119 STAT. 3029]]
``CHAPTER 11--RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE
AGAINST WOMEN
``SEC. 40297. <<NOTE: 42 USC 13973.>> RESEARCH ON EFFECTIVE
INTERVENTIONS IN THE HEALTH CARE SETTING.
``(a) <<NOTE: Grants. Contracts.>> 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;
``(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
``(C) measure the comparative effectiveness and
outcomes of efforts under this Act to reduce violence
and increase women's safety.
``(2) With respect to the authority of the Agency for
Healthcare Research and Quality--
``(A) research on the impact on the health care
system, health care utilization, health care costs, and
health status of domestic violence, dating violence, and
childhood exposure to domestic and dating violence,
sexual violence and stalking and childhood exposure; and
``(B) research on effective interventions within
primary care and emergency health care settings and with
health care settings that include clinical partnerships
within community domestic violence providers for adults
and children exposed to domestic or dating violence.
``(c) Use of Data.--Research funded under this section shall be
utilized by eligible entities under section 399O of the Public Health
Service Act.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2007 through 2011.''.
[[Page 119 STAT. 3030]]
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. <<NOTE: 42 USC 14043e.>> 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) Ninety-two 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
[[Page 119 STAT. 3031]]
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. <<NOTE: 42 USC 14043e-1.>> 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, tribally
designated housing, or other emergency, transitional, permanent,
or affordable housing, and ensuring that such victims have
meaningful access to the criminal justice system without
jeopardizing such housing;
``(2) creating long-term housing solutions that develop
communities and provide sustainable living solutions for victims
of domestic violence, dating violence, sexual assault, and
stalking;
``(3) building collaborations among victim service
providers, homeless service providers, housing providers, and
housing agencies to provide appropriate services, interventions,
and training to address the housing needs of victims of domestic
violence, dating violence, sexual assault, and stalking; and
``(4) enabling public and assisted housing agencies,
tribally designated housing entities, private landlords,
property management companies, and other housing providers and
agencies to respond appropriately to domestic violence, dating
violence, sexual assault, and stalking, while maintaining a safe
environment for all housing residents.
``SEC. 41403. <<NOTE: 42 USC 14043e-2.>> DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `assisted housing' means housing assisted--
[[Page 119 STAT. 3032]]
``(A) under sections 213, 220, 221(d)(3), 221(d)(4),
223(e), 231, or 236 of the National Housing Act (12
U.S.C. 1715l(d)(3), (d)(4), or 1715z-1);
``(B) under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s);
``(C) under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q);
``(D) under section 811 of the Cranston-Gonzales
National Affordable Housing Act (42 U.S.C. 8013);
``(E) under title II of the Cranston-Gonzales
National Affordable Housing Act (42 U.S.C. 12701 et
seq.);
``(F) under subtitle D of title VIII of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12901 et seq.);
``(G) under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.); or
``(H) under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f);
``(2) the term `continuum of care' means a community plan
developed to organize and deliver housing and services to meet
the specific needs of people who are homeless as they move to
stable housing and achieve maximum self-sufficiency;
``(3) 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);
``(4) 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));
``(5) 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));
``(6) 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;
[[Page 119 STAT. 3033]]
``(7) the term `homeless service provider' means a
nonprofit, nongovernmental homeless service provider, such as a
homeless shelter, a homeless service or advocacy program, a
tribal organization serving homeless individuals, or coalition
or other nonprofit, nongovernmental organization carrying out a
community-based homeless or housing program that has a
documented history of effective work concerning homelessness;
``(8) the term `tribally designated housing' means housing
assistance described in the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
``(9) the term `tribally designated housing entity' means a
housing entity described in the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103(21));
``SEC. 41404. <<NOTE: 42 USC 14043e-3.>> COLLABORATIVE GRANTS TO
INCREASE THE LONG-TERM STABILITY OF VICTIMS.
``(a) Grants Authorized.--
``(1) <<NOTE: Contracts.>> In general.--The Secretary of
Health and Human Services, acting through the Administration of
Children and Families, in partnership with the Secretary of
Housing and Urban Development, shall award grants, contracts, or
cooperative agreements for a period of not less than 2 years to
eligible entities to develop long-term sustainability and self-
sufficiency 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 funds in amounts--
``(A) not less than $25,000 per year; and
``(B) not more than $1,000,000 per year.
``(b) Eligible Entities.--To be eligible to receive funds under this
section, an entity shall demonstrate that it is a coalition or
partnership, applying jointly, that--
``(1) shall include a domestic violence victim service
provider;
``(2) shall include--
``(A) a homeless service provider;
``(B) a nonprofit, nongovernmental community housing
development organization or a Department of Agriculture
rural housing service program; or
``(C) in the absence of a homeless service provider
on tribal lands or nonprofit, nongovernmental community
housing development organization on tribal lands, a
tribally designated housing entity or tribal housing
consortium;
``(3) may include a dating violence, sexual assault, or
stalking victim service provider;
``(4) may include housing developers, housing corporations,
State housing finance agencies, other housing agencies, and
associations representing landlords;
``(5) may include a public housing agency or tribally
designated housing entity;
``(6) may include tenant organizations in public or tribally
designated housing, as well as nonprofit, nongovernmental tenant
organizations;
[[Page 119 STAT. 3034]]
``(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 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.--Each eligible entity seeking funds 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.
``(d) Use of Funds.--
``(1) In general.--Funds awarded to eligible entities under
subsection (a) shall be used to design or replicate and
implement new activities, services, and programs to increase the
stability and self-sufficiency of, and create partnerships 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.
``(2) Activities, services, programs.--Such activities,
services, or programs described in paragraph (1) shall develop
sustainable long-term living solutions 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) assisting with the placement of individuals
and families in long-term housing; and
``(C) providing services to help individuals or
families find and maintain long-term housing, including
financial assistance and support services;
``(3) may develop partnerships with individuals,
organizations, corporations, or other entities that provide
capital costs for the purchase, preconstruction, construction,
renovation, repair, or conversion of affordable housing units;
``(4) may use funds for the administrative expenses related
to 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) Limitation.--Funds provided under paragraph (a) shall not be
used for construction, modernization or renovation.
``(f) Underserved Populations and Priorities.--In awarding grants
under this section, the Secretary of Health and Human Services shall--
``(1) give priority to linguistically and culturally
specific services;
``(2) give priority to applications from entities that
include a sexual assault service provider as described in
subsection (b)(3); and
``(3) award a minimum of 15 percent of the funds
appropriated under this section in any fiscal year to tribal
organizations.
[[Page 119 STAT. 3035]]
``(g) Definitions.--For purposes of this section:
``(1) Affordable housing.--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).
``(2) Long-term housing.--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.
``(h) Evaluation, Monitoring, Administration, and Technical
Assistance.--For purposes of this section--
``(1) up to 5 percent of the funds appropriated under
subsection (i) for each fiscal year may be used by the Secretary
of Health and Human Services for evaluation, monitoring, and
administration costs under this section; and
``(2) up to 8 percent of the funds appropriated under
subsection (i) for each fiscal year may be used to provide
technical assistance to grantees under this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2007 through 2011 to
carry out the provisions of this section.
``SEC. 41405. <<NOTE: 42 USC 14043e-4.>> 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) <<NOTE: Contracts.>> 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.
[[Page 119 STAT. 3036]]
``(2) Amounts.--Not less than 15 percent of the funds
appropriated to carry out this section shall be available for
grants to tribally designated housing entities.
``(3) Award basis.--The Attorney General shall award grants
and contracts under this section on a competitive basis.
``(4) Limitation.--Appropriated funds may only be used for
the purposes described in subsection (f).
``(c) Eligible Grantees.--
``(1) In general.--Eligible grantees are--
``(A) public housing agencies;
``(B) principally managed public housing resident
management corporations, as determined by the Secretary;
``(C) public housing projects owned by public
housing agencies;
``(D) tribally designated housing entities; and
``(E) private, for-profit, and nonprofit owners or
managers of assisted housing.
``(2) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> its policies and practices
will be in compliance with those described in this
paragraph within the later of 1 year or a period
selected by the Attorney General in consultation with
the Secretary and ACYF.
``(d) Application.--Each eligible entity seeking a grant under this
section shall submit an application to the Attorney General at such a
time, in such a manner, and containing such information as the Attorney
General may require.
``(e) Certification.--
``(1) In general.--A public housing agency, tribally
designated housing entity, or assisted housing provider
receiving funds under this section may request that an
individual claiming relief under this section certify that the
individual is a victim of domestic violence, dating violence,
sexual assault,
[[Page 119 STAT. 3037]]
or stalking. <<NOTE: Records.>> The individual shall provide a
copy of such certification to the public housing agency,
tribally designated housing entity, or assisted housing provider
within a reasonable period of time after the agency or authority
requests such certification.
``(2) Contents.--An individual may satisfy the certification
requirement of paragraph (1) by--
``(A) providing the public housing agency, tribally
designated housing entity, or assisted housing provider
with documentation, signed by an employee, agent, or
volunteer of a victim service provider, an attorney, a
member of the clergy, a medical professional, or any
other professional from whom the victim has sought
assistance in addressing domestic violence, dating
violence, sexual assault, or stalking, or the effects of
abuse; or
``(B) producing a Federal, State, tribal,
territorial, or local police or court record.
``(3) Limitation.--Nothing in this subsection shall be
construed to require any housing agency, assisted housing
provider, tribally designated housing entity, owner, or manager
to demand that an individual produce official documentation or
physical proof of the individual's status as a victim of
domestic violence, dating violence, sexual assault, or stalking,
in order to receive any of the benefits provided in this
section. A housing agency, assisted housing provider, tribally
designated housing entity, owner, or manager may provide
benefits to an individual based solely on the individual's
statement or other corroborating evidence.
``(4) Confidentiality.--
``(A) In general.--All information provided to any
housing agency, assisted housing provider, tribally
designated housing entity, owner, or manager pursuant to
paragraph (1), including the fact that an individual is
a victim of domestic violence, dating violence, sexual
assault, or stalking, shall be retained in confidence by
such agency, and shall neither be entered into any
shared database, nor provided to any related housing
agency, assisted housing provider, tribally designated
housing entity, owner, or manager, except to the extent
that disclosure is--
``(i) requested or consented to by the
individual in writing; or
``(ii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must
provide notice to tenants of their rights under this
section, including their right to confidentiality and
the limits thereof, and to owners and managers of their
rights and obligations under this section.
``(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
[[Page 119 STAT. 3038]]
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,
tribally designated housing, or assisted housing unit quickly to
protect their safety, including those who are seeking transfer
to a new public housing unit, tribally designated housing unit,
or assisted housing unit, whether in the same or a different
neighborhood or jurisdiction;
``(5) enabling the public housing agency, tribally
designated housing entity, or assisted housing provider, or the
victim, to remove, consistent with applicable State law, the
perpetrator of domestic violence, dating violence, sexual
assault, or stalking without evicting, removing, or otherwise
penalizing the victim;
``(6) enabling the public housing agency, tribally
designated housing entity, or assisted housing provider, when
notified, to honor court orders addressing rights of access to
or control of the property, including civil protection orders
issued to protect the victim and issued to address the
distribution or possession of property among the household
members in cases where a family breaks up;
``(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 modest physical improvements to enhance
safety;
``(9) training personnel to more effectively identify and
respond to victims of domestic violence, dating violence, sexual
assault, and stalking; and
``(10) effectively providing notice to applicants and
residents of the above housing policies, practices, and
procedures.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2007 through 2011 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,'';
[[Page 119 STAT. 3039]]
(B) by inserting ``, including domestic violence and
sexual assault victim service providers, domestic
violence and sexual assault coalitions, other nonprofit,
nongovernmental organizations, or community-based and
culturally specific organizations, that have a
documented history of effective work concerning domestic
violence, dating violence, sexual assault, or stalking''
after ``other organizations''; and
(C) in paragraph (1), by inserting ``, dating
violence, sexual assault, or stalking'' after ``domestic
violence'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) in paragraph (3), as redesignated, by inserting
``, dating violence, sexual assault, or stalking'' after
``violence'';
(C) by inserting before paragraph (2), as
redesignated, the following:
``(1) transitional housing, including funding for 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 ``2007'';
[[Page 119 STAT. 3040]]
(C) in paragraph (1), by striking ``2008'' and
inserting ``2011'';
(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 underserved populations.''.
SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING REQUIREMENT.
Section 5A of the United States Housing Act of 1937 (42 U.S.C.
1437c-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraph (3)'';
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following:
``(2) Statement of goals.--The 5-year plan shall include a
statement by any public housing agency of the goals, objectives,
policies, or programs that will enable the housing authority to
serve the needs of child and adult victims of domestic violence,
dating violence, sexual assault, or stalking.'';
(2) in subsection (d), by redesignating paragraphs (13),
(14), (15), (16), (17), and (18), as paragraphs (14), (15),
(16), (17), (18), and (19), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) Domestic violence, dating violence, sexual assault,
or stalking programs.--A description of--
``(A) any activities, services, or programs provided
or offered by an agency, either directly or in
partnership with other service providers, to child or
adult victims of domestic violence, dating violence,
sexual assault, or stalking;
``(B) any activities, services, or programs provided
or offered by a public housing agency that helps child
and adult victims of domestic violence, dating violence,
sexual assault, or stalking, to obtain or maintain
housing; and
``(C) any activities, services, or programs provided
or offered by a public housing agency to prevent
domestic violence, dating violence, sexual assault, and
stalking, or to enhance victim safety in assisted
families.''.
SEC. 604. HOUSING STRATEGIES.
Section 105(b)(1) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705(b)(1)) is amended by inserting after
``immunodeficiency syndrome,'' the following: ``victims of domestic
violence, dating violence, sexual assault, and stalking''.
[[Page 119 STAT. 3041]]
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) Victim service providers.--In the course of
awarding grants or implementing programs under this
subsection, the Secretary shall instruct any victim
service provider that is a recipient or subgrantee not
to disclose for purposes of a Homeless Management
Information System personally identifying information
about any client. The Secretary may, after public notice
and comment, require or ask such recipients and
subgrantees to disclose for purposes of a Homeless
Management Information System non-personally identifying
data that has been de-identified, encrypted, or
otherwise encoded. Nothing in this section shall be
construed to supersede any provision of any Federal,
State, or local law that provides greater protection
than this paragraph for victims of domestic violence,
dating violence, sexual assault, or stalking.
``(B) Definitions.--
``(i) 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 other non-personally identifying
information would serve to identify any
individual.
``(ii) Victim service provider.--The term
`victim service provider' or `victim service
providers' means 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.''.
SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE VOUCHER
PROGRAM.
Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(9)(A) That an applicant or participant is or has been a
victim of domestic violence, dating violence, or stalking is
[[Page 119 STAT. 3042]]
not an appropriate basis for denial of program assistance or for
denial of admission, if the applicant otherwise qualifies for
assistance or admission.
``(B) An incident or incidents of actual or threatened
domestic violence, dating violence, or stalking will not be
construed as a serious or repeated violation of the lease by the
victim or threatened victim of that violence and shall not be
good cause for terminating the assistance, tenancy, or occupancy
rights of the victim of such violence.
``(C)(i) Criminal activity directly relating to domestic
violence, dating violence, or stalking, engaged in by a member
of a tenant's household or any guest or other person under the
tenant's control shall not be cause for termination of
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 domestic violence, dating violence, or
stalking.
``(ii) Notwithstanding clause (i), an owner or manager may
bifurcate a lease under this section, in order to evict, remove,
or terminate assistance to any individual who is a tenant or
lawful occupant and who engages in criminal acts of physical
violence against family members or others, without evicting,
removing, terminating assistance to, or otherwise penalizing the
victim of such violence who is also a tenant or lawful occupant.
``(iii) Nothing in clause (i) may be construed to limit the
authority of a public housing agency, owner, or manager, when
notified, to honor court orders addressing rights of access to
or control of the property, including civil protection orders
issued to protect the victim and issued to address the
distribution or possession of property among the household
members in cases where a family breaks up.
``(iv) Nothing in clause (i) limits any otherwise available
authority of an owner or manager to evict or the public housing
agency to terminate assistance to a tenant for any violation of
a lease not premised on the act or acts of violence in question
against the tenant or a member of the tenant's household,
provided that the owner or manager does not subject an
individual who is or has been a victim of domestic violence,
dating violence, or stalking to a more demanding standard than
other tenants in determining whether to evict or terminate.
``(v) Nothing in clause (i) may be construed to limit the
authority of an owner, manager, or public housing agency to
evict or terminate from assistance any tenant or lawful occupant
if the owner, manager or public housing agency can demonstrate
an actual and imminent threat to other tenants or those employed
at or providing service to the property if that tenant is not
evicted or terminated from assistance.
``(vi) Nothing in this section shall be construed to
supersede any provision of any Federal, State, or local law that
provides greater protection than this section for victims of
domestic violence, dating violence, or stalking.'';
(2) in subsection (d)--
(A) in paragraph (1)(A), by inserting after ``public
housing agency'' the following: ``and that an applicant
or participant is or has been a victim of domestic
violence, dating violence, or stalking is not an
appropriate basis for denial of program assistance or
for denial of admission
[[Page 119 STAT. 3043]]
if the applicant otherwise qualifies for assistance or
admission'';
(B) in paragraph (1)(B)(ii), by inserting after
``other good cause'' the following: ``, and that an
incident or incidents of actual or threatened domestic
violence, dating violence, or stalking will not be
construed as a serious or repeated violation of the
lease by the victim or threatened victim of that
violence and will not be good cause for terminating the
tenancy or occupancy rights of the victim of such
violence''; and
(C) in paragraph (1)(B)(iii), by inserting after
``termination of tenancy'' the following: ``, except
that: (I) criminal activity directly relating to
domestic violence, dating violence, or stalking, engaged
in by a member of a tenant's household or any guest or
other person under the tenant's control, shall not be
cause for termination of the tenancy or occupancy rights
or program assistance, if the tenant or immediate member
of the tenant's family is a victim of that domestic
violence, dating violence, or stalking; (II)
notwithstanding subclause (I), a public housing agency
may 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, or an owner or manager under this section may
bifurcate a lease, in order to evict, remove, or
terminate assistance to any individual who is a tenant
or lawful occupant and who engages in criminal acts of
physical violence against family members or others,
without evicting, removing, terminating assistance to,
or otherwise penalizing the victim of such violence who
is also a tenant or lawful occupant; (III) nothing in
subclause (I) may be construed to limit the authority of
a public housing agency, owner, or manager, when
notified, to honor court orders addressing rights of
access to or control of the property, including civil
protection orders issued to protect the victim and
issued to address the distribution or possession of
property among the household members in cases where a
family breaks up; (IV) nothing in subclause (I) limits
any otherwise available authority of an owner or manager
to evict or the public housing agency to terminate
assistance to a tenant for any violation of a lease not
premised on the act or acts of violence in question
against the tenant or a member of the tenant's
household, provided that the owner, manager, or public
housing agency does not subject an individual who is or
has been a victim of domestic violence, dating violence,
or stalking to a more demanding standard than other
tenants in determining whether to evict or terminate;
(V) nothing in subclause (I) may be construed to limit
the authority of an owner or manager to evict, or the
public housing agency to terminate assistance, to any
tenant if the owner, manager, or public housing agency
can demonstrate an actual and imminent threat to other
tenants or those employed at or providing service to the
property if that tenant is not evicted or terminated
from assistance; and (VI) nothing in this section shall
be construed to supersede any provision of any Federal,
State, or local law that provides greater protection
[[Page 119 STAT. 3044]]
than this section for victims of domestic violence,
dating violence, or stalking.'';
(3) in subsection (f)--
(A) in paragraph (6), by striking ``and'';
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(8) the term `domestic violence' has the same meaning
given the term in section 40002 of the Violence Against Women
Act of 1994;
``(9) the term `dating violence' has the same meaning given
the term in section 40002 of the Violence Against Women Act of
1994; and
``(10) the term `stalking' means--
``(A)(i) to follow, pursue, or repeatedly commit
acts with the intent to kill, injure, harass, or
intimidate another person; and
``(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
``(11) the term `immediate family member' means, 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 and
marriage.'';
(4) in subsection (o)--
(A) by inserting at the end of paragraph (6)(B) the
following new sentence: ``That an applicant or
participant is or has been a victim of domestic
violence, dating violence, or stalking is not an
appropriate basis for denial of program assistance by or
for denial of admission if the applicant otherwise
qualifies for assistance for admission, and that nothing
in this section shall be construed to supersede any
provision of any Federal, State, or local law that
provides greater protection than this section for
victims of domestic violence, dating violence, or
stalking.'';
(B) in paragraph (7)(C), by inserting after ``other
good cause'' the following: ``, and that an incident or
incidents of actual or threatened domestic violence,
dating violence, or stalking shall not be construed as a
serious or repeated violation of the lease by the victim
or threatened victim of that violence and shall not be
good cause for terminating the tenancy or occupancy
rights of the victim of such violence'';
(C) in paragraph (7)(D), by inserting after
``termination of tenancy'' the following: ``; except
that (i) criminal activity
[[Page 119 STAT. 3045]]
directly relating to domestic violence, dating violence,
or stalking, engaged in by a member of a tenant's
household or any guest or other person under the
tenant's control shall not be cause for termination of
the tenancy or occupancy rights, if the tenant or
immediate member of the tenant's family is a victim of
that domestic violence, dating violence, or stalking;
(ii) notwithstanding clause (i), a public housing agency
may 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, or an owner or manager may bifurcate a lease
under this section, in order to evict, remove, or
terminate assistance to any individual who is a tenant
or lawful occupant and who engages in criminal acts of
physical violence against family members or others,
without evicting, removing, terminating assistance to,
or otherwise penalizing the victim of such violence who
is also a tenant or lawful occupant; (iii) nothing in
clause (i) may be construed to limit the authority of a
public housing agency, owner, or manager, when notified,
to honor court orders addressing rights of access to
control of the property, including civil protection
orders issued to protect the victim and issued to
address the distribution or possession of property among
the household members in cases where a family breaks up;
(iv) nothing in clause (i) limits any otherwise
available authority of an owner or manager to evict or
the public housing agency to terminate assistance to a
tenant for any violation of a lease not premised on the
act or acts of violence in question against the tenant
or a member of the tenant's household, provided that the
owner, manager, or public housing agency does not
subject an individual who is or has been a victim of
domestic violence, dating violence, or stalking to a
more demanding standard than other tenants in
determining whether to evict or terminate; (v) nothing
in clause (i) may be construed to limit the authority of
an owner or manager to evict, or the public housing
agency to terminate, assistance to any tenant if the
owner, manager, or public housing agency can demonstrate
an actual and imminent threat to other tenants or those
employed at or providing service to the property if that
tenant is not evicted or terminated from assistance; and
(vi) nothing in this section shall be construed to
supersede any provision of any Federal, State, or local
law that provides greater protection than this section
for victims of domestic violence, dating violence, or
stalking.''; and
(D) by adding at the end the following new
paragraph:
``(20) Prohibited basis for termination of assistance.--
``(A) In general.--A public housing agency may not terminate
assistance to a participant in the voucher program on the basis
of an incident or incidents of actual or threatened domestic
violence, dating violence, or stalking against that participant.
``(B) Construal of lease provisions.--Criminal activity
directly relating to domestic violence, dating violence, or
stalking shall not be considered a serious or repeated violation
of the lease by the victim or threatened victim of that criminal
[[Page 119 STAT. 3046]]
activity justifying termination of assistance to the victim or
threatened victim.
``(C) Termination on the basis of criminal activity.--
Criminal activity directly relating to domestic violence, dating
violence, or stalking shall not be considered cause for
termination of assistance for any participant or immediate
member of a participant's family who is a victim of the domestic
violence, dating violence, or stalking.
``(D) Exceptions.--
``(i) Public housing authority right to terminate
for criminal acts.--Nothing in subparagraph (A), (B), or
(C) may be construed to limit the authority of the
public housing agency to terminate voucher assistance to
individuals who engage in criminal acts of physical
violence against family members or others.
``(ii) Compliance with court orders.--Nothing in
subparagraph (A), (B), or (C) may be construed to limit
the authority of a public housing agency, when notified,
to honor court orders addressing rights of access to or
control of the property, including civil protection
orders issued to protect the victim and issued to
address the distribution possession of property among
the household members in cases where a family breaks up.
``(iii) Public housing authority right to terminate
voucher assistance for lease violations.--Nothing in
subparagraph (A), (B), or (C) limit any otherwise
available authority of the public housing agency to
terminate voucher assistance to a tenant for any
violation of a lease not premised on the act or acts of
violence in question against the tenant or a member of
the tenant's household, provided that the public housing
agency 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 terminate.
``(iv) Public housing authority right to terminate
voucher assistance for imminent threat.--Nothing in
subparagraph (A), (B), or (C) may be construed to limit
the authority of the public housing agency to terminate
voucher assistance to a tenant if the public housing
agency can demonstrate an actual and imminent threat to
other tenants or those employed at or providing service
to the property or public housing agency if that tenant
is not evicted or terminated from assistance.
``(v) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal,
State, or local law that provides greater protection
than this section for victims of domestic violence,
dating violence, or stalking.'';
(5) in subsection (r)(5), by inserting after ``violation of
a lease'' the following: ``, except that a family may receive a
voucher from a public housing agency and move to another
jurisdiction under the tenant-based assistance program if the
family has complied with all other obligations of the section 8
program and has moved out of the assisted dwelling unit in order
to protect the health or safety of an individual who is or has
been the victim of domestic violence, dating violence, or
stalking and who reasonably believed he or she was
[[Page 119 STAT. 3047]]
imminently threatened by harm from further violence if he or she
remained in the assisted dwelling unit''; and
(6) by adding at the end the following new subsection:
``(ee) Certification and Confidentiality.--
``(1) Certification.--
``(A) In general.--An owner, manager, or public
housing agency responding to subsections (c)(9),
(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D),
(o)(20), and (r)(5) may request that an individual
certify via a HUD approved certification form that the
individual is a victim of domestic violence, dating
violence, or stalking, and that the incident or
incidents in question are bona fide incidents of such
actual or threatened abuse and meet the requirements set
forth in the aforementioned paragraphs. Such
certification shall include the name of the
perpetrator. <<NOTE: Deadline.>> The individual shall
provide such certification within 14 business days after
the owner, manager, or public housing agency requests
such certification.
``(B) Failure to provide certification.--If the
individual does not provide the certification within 14
business days after the owner, manager, public housing
agency, or assisted housing provider has requested such
certification in writing, nothing in this subsection or
in subsection (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), (o)(20), or (r)(5) may be
construed to limit the authority of an owner or manager
to evict, or the public housing agency or assisted
housing provider to terminate voucher assistance for,
any tenant or lawful occupant that commits violations of
a lease. The owner, manager, public housing agency, or
assisted housing provider may extend the 14-day deadline
at their discretion.
``(C) Contents.--An individual may satisfy the
certification requirement of subparagraph (A) by--
``(i) providing the requesting owner, manager,
or public housing agency 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, sexual assault, or stalking, or the
effects of the abuse, in which the professional
attests under penalty of perjury (28 U.S.C. 1746)
to the professional's belief that the incident or
incidents in question are bona fide incidents of
abuse, and the victim of domestic violence, dating
violence, or stalking has signed or attested to
the documentation; or
``(ii) producing a Federal, State, tribal,
territorial, or local police or court record.
``(D) Limitation.--Nothing in this subsection shall
be construed to require an owner, manager, or 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, sexual assault, or stalking in order to
receive any of the benefits provided in this section. At
their discretion, the owner, manager, or public housing
agency may provide benefits
[[Page 119 STAT. 3048]]
to an individual based solely on the individual's
statement or other corroborating evidence.
``(E) Compliance not sufficient to constitute
evidence of unreasonable act.--Compliance with this
statute by an owner, manager, public housing agency, or
assisted housing provider based on the certification
specified in paragraphs (1)(A) and (B) of this
subsection or based solely on the victim's statement or
other corroborating evidence, as permitted by paragraph
(1)(C) of this subsection, shall not alone be sufficient
to constitute evidence of an unreasonable act or
omission by an owner, manger, public housing agency, or
assisted housing provider, or employee thereof. Nothing
in this subparagraph shall be construed to limit
liability for failure to comply with the requirements of
subsection (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), (o)(20), or (r)(5).
``(F) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal,
State, or local law that provides greater protection
than this section for victims of domestic violence,
dating violence, or stalking.
``(2) Confidentiality.--
``(A) In general.--All information provided to an
owner, manager, or 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 confidence by an owner,
manager, or 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;
``(ii) required for use in an eviction
proceeding under subsection (c)(9), (d)(1)(B(ii),
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), or (o)(20),;
or
``(iii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must
provide notice to tenants assisted under Section 8 of
the United States Housing Act of 1937 of their rights
under this subsection and subsections (c)(9),
(d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D),
(o)(20), and (r)(5), including their right to
confidentiality and the limits thereof, and to owners
and managers of their rights and obligations under this
subsection and subsections (c)(9), (d)(1)(B(ii),
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and
(r)(5).''.
SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM.
Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d)
is amended--
(1) in subsection (c), by redesignating paragraph (3) and
(4), as paragraphs (4) and (5), respectively;
(2) by inserting after paragraph (2) the following:
``(3) the public housing agency shall not deny admission to
the project to any applicant on the basis that the applicant is
or has been a victim of domestic violence, dating violence, or
stalking if the applicant otherwise qualifies for assistance or
admission, and that nothing in this section shall be construed
[[Page 119 STAT. 3049]]
to supersede any provision of any Federal, State, or local law
that provides greater protection than this section for victims
of domestic violence, dating violence, or stalking'';
(3) in subsection (l)(5), by inserting after ``other good
cause'' the following: ``, and that an incident or incidents of
actual or threatened domestic violence, dating violence, or
stalking will not be construed as a serious or repeated
violation of the lease by the victim or threatened victim of
that violence and will not be good cause for terminating the
tenancy or occupancy rights of the victim of such violence'';
(4) in subsection (l)(6), by inserting after ``termination
of tenancy'' the following: ``; except that: (A) criminal
activity directly relating to domestic violence, dating
violence, or stalking, engaged in by a member of a tenant's
household or any guest or other person under the tenant's
control, shall not be cause for termination of the tenancy or
occupancy rights, if the tenant or immediate member of the
tenant's family is a victim of that domestic violence, dating
violence, or stalking; (B) notwithstanding subparagraph (A), a
public housing agency under this section may bifurcate a lease
under this section, in order to evict, remove, or terminate
assistance to any individual who is a tenant or lawful occupant
and who engages in criminal acts of physical violence against
family members or others, without evicting, removing,
terminating assistance to, or otherwise penalizing the victim of
such violence who is also a tenant or lawful occupant; (C)
nothing in subparagraph (A) may be construed to limit the
authority of a public housing agency, when notified, to honor
court orders addressing rights of access to or control of the
property, including civil protection orders issued to protect
the victim and issued to address the distribution or possession
of property among the household members in cases where a family
breaks up; (D) nothing in subparagraph (A) limits any otherwise
available authority of a public housing agency to evict a tenant
for any violation of a lease not premised on the act or acts of
violence in question against the tenant or a member of the
tenant's household, provided that the public housing agency does
not subject an individual who is or has been a victim of
domestic violence, dating violence, or stalking to a more
demanding standard than other tenants in determining whether to
evict or terminate; (E) nothing in subparagraph (A) may be
construed to limit the authority of a public housing agency to
terminate the tenancy of any tenant if the public housing agency
can demonstrate an actual and imminent threat to other tenants
or those employed at or providing service to the property if
that tenant's tenancy is not terminated; and (F) nothing in this
section shall be construed to supersede any provision of any
Federal, State, or local law that provides greater protection
than this section for victims of domestic violence, dating
violence, or stalking.''; and
(5) by inserting at the end of subsection (t) the following
new subsection:
``(u) Certification and Confidentiality.--
``(1) Certification.--
``(A) In general.--A public housing agency
responding to subsection (l)(5) and (6) may request that
an individual certify via a HUD approved certification
form that the
[[Page 119 STAT. 3050]]
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. Such
certification shall include the name of the
perpetrator. <<NOTE: Deadline.>> The individual shall
provide such certification within 14 business days after
the public housing agency requests such certification.
``(B) Failure to provide certification.--If the
individual does not provide the certification within 14
business days after the public housing agency has
requested such certification in writing, nothing in this
subsection, or in paragraph (5) or (6) of subsection
(l), may be construed to limit the authority of the
public housing agency to evict any tenant or lawful
occupant that commits violations of a lease. The public
housing agency may extend the 14-day deadline at its
discretion.
``(C) Contents.--An individual may satisfy the
certification requirement of subparagraph (A) by--
``(i) providing the requesting public housing
agency with documentation signed by an employee,
agent, or volunteer of a victim service provider,
an attorney, 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; or
``(ii) producing a Federal, State, tribal,
territorial, or local police or court record.
``(D) Limitation.--Nothing in this subsection shall
be construed to require any public housing agency to
demand that an individual produce official documentation
or physical proof of the individual's status as a victim
of domestic violence, dating violence, or stalking in
order to receive any of the benefits provided in this
section. At the public housing agency's discretion, a
public housing agency may provide benefits to an
individual based solely on the individual's statement or
other corroborating evidence.
``(E) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal,
State, or local law that provides greater protection
than this section for victims of domestic violence,
dating violence, or stalking.
``(F) Compliance not sufficient to constitute
evidence of unreasonable act.--Compliance with this
statute by a public housing agency, or assisted housing
provider based on the certification specified in
subparagraphs (A) and (B) of this subsection or based
solely on the victim's statement or other corroborating
evidence, as permitted by subparagraph (D) of this
subsection, shall not alone be sufficient to constitute
evidence of an unreasonable act or omission by a public
housing agency or employee thereof. Nothing in this
subparagraph shall
[[Page 119 STAT. 3051]]
be construed to limit liability for failure to comply
with the requirements of subsection (l)(5) and (6).
``(2) Confidentiality.--
``(A) In general.--All information provided to any
public housing agency pursuant to paragraph (1),
including the fact that an individual is a victim of
domestic violence, dating violence, or stalking, shall
be retained in 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;
``(ii) required for use in an eviction
proceeding under subsection (l)(5) or (6); or
``(iii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must
provide notice to tenants assisted under section 6 of
the United States Housing Act of 1937 of their rights
under this subsection and subsection (l)(5) and (6),
including their right to confidentiality and the limits
thereof.
``(3) Definitions.--For purposes of this subsection,
subsection (c)(3), and subsection (l)(5) and (6)--
``(A) the term `domestic violence' has the same
meaning given the term in section 40002 of the Violence
Against Women Act of 1994;
``(B) the term `dating violence' has the same
meaning given the term in section 40002 of the Violence
Against Women Act of 1994;
``(C) the term `stalking' means--
``(i)(I) to follow, pursue, or repeatedly
commit acts with the intent to kill, injure,
harass, or intimidate; or
``(II) to place under surveillance with the
intent to kill, injure, harass, or intimidate
another person; and
``(ii) 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
``(D) the term `immediate family member' means, with
respect to a person--
``(i) a spouse, parent, brother or sister, or
child of that person, or an individual to whom
that person stands in loco parentis; or
``(ii) any other person living in the
household of that person and related to that
person by blood and marriage.''.
[[Page 119 STAT. 3052]]
TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Subtitle N of the Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1902) is amended by adding at the end the following:
``Subtitle O--National Resource Center
``SEC. 41501. <<NOTE: 42 USC 14043f.>> GRANT FOR NATIONAL RESOURCE
CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC
AND SEXUAL VIOLENCE.
``(a) Authority.--The Attorney General, acting through the Director
of the Office on Violence Against Women, may award a grant to an
eligible nonprofit nongovernmental entity or tribal organization, in
order to provide for the establishment and operation of a national
resource center on workplace responses to assist victims of domestic and
sexual violence. The resource center shall provide information and
assistance to employers and labor organizations to aid in their efforts
to develop and implement responses to such violence.
``(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;
``(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) and labor organizations described
in subsection (a) concerning developing and implementing
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
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 and labor
organizations described in subsection (a), information and
assistance concerning workplace responses to assist victims of
domestic or sexual violence.
``(2) Responses.--Responses referred to in paragraph (1) may
include--
[[Page 119 STAT. 3053]]
``(A) providing training to promote a better
understanding of workplace assistance to victims of
domestic or sexual violence;
``(B) providing conferences and other educational
opportunities; and
``(C) developing protocols and model workplace
policies.
``(d) Liability.--The compliance or noncompliance of any employer or
labor organization with any protocol or policy developed by an entity or
organization under this section shall not serve as a basis for liability
in tort, express or implied contract, or by any other means. No protocol
or policy developed by an entity or organization under this section
shall be referenced or enforced as a workplace safety standard by any
Federal, State, or other governmental agency.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2007 through 2011.
``(f) Availability of Grant Funds.--Funds appropriated under this
section shall remain available until expended.''.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
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, or in the case of subclause
(III)(aa) the Secretary of Homeland Security and the
Attorney General jointly;'';
(B) in subclause (III)(aa)--
(i) by inserting ``Federal, State, or local''
before ``investigation''; and
(ii) by striking ``, or'' and inserting ``or
the investigation of crime where acts of
trafficking are at least one central reason for
the commission of that crime; or''; and
(C) in subclause (IV), by striking ``and'' at the
end;
(2) by amending clause (ii) to read as follows:
``(ii) if accompanying, or following to join, the alien
described in clause (i)--
``(I) in the case of an alien described in clause
(i) who is under 21 years of age, the spouse, children,
unmarried siblings under 18 years of age on the date on
which such alien applied for status under such clause,
and parents of such alien; or
``(II) in the case of an alien described in clause
(i) who is 21 years of age or older, the spouse and
children of such alien; and''; and
(3) by inserting after clause (ii) the following:
[[Page 119 STAT. 3054]]
``(iii) if the Secretary of Homeland Security, in his or her
discretion and with the consultation of the Attorney General,
determines that a trafficking victim, due to psychological or
physical trauma, is unable to cooperate with a request for
assistance described in clause (i)(III)(aa), the request is
unreasonable.''.
(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), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; 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; or
``(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''.
(c) Technical Amendments.--Section 101(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(i)) is amended--
(1) in paragraph (1), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security, the Attorney
General,''; and
(2) in paragraph (2), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING IN
PERSONS.
(a) In General.--Section 212(a)(9)(B)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at
the end the following:
``(V) Victims of a severe form of trafficking in
persons.--Clause (i) shall not apply to an alien who
demonstrates that the 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)) was at
least one central reason for 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.
(a) 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,
or in the case of subparagraph (C)(i), the Attorney
General,''; and
(B) in subparagraph (A), by inserting at the end
``or has been physically present in the United States
for a continuous period during the investigation or
prosecution
[[Page 119 STAT. 3055]]
of acts of trafficking and that, in the opinion of the
Attorney General, the investigation or prosecution is
complete, whichever period of time is less;'';
(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''.
(b) Victims of Crimes Against Women.--Section 245(m) of the
Immigration and Nationality Act (8 U.S.C. 12255(m)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General may adjust'' and
inserting ``Secretary of Homeland Security may adjust'';
and
(B) in subparagraph (B), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security'';
(2) in paragraph (3)--
(A) by striking ``Attorney General may adjust'' and
inserting ``Secretary of Homeland Security may adjust'';
and
(B) by striking ``Attorney General considers'' and
inserting ``Secretary considers''; and
(3) in paragraph (4), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Clarification of Department of Justice and Department of
Homeland Security Roles.--Section 107 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105) is amended--
(1) in subsections (b)(1)(E), (e)(5), and (g), by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(2) in subsection (c), by inserting ``, the Secretary of
Homeland Security'' after ``Attorney General''.
(b) Certification Process.--Section 107(b)(1)(E) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
inserting ``and the Secretary of Homeland Security''
after ``Attorney General''; and
(B) in subclause (II)(bb), by inserting ``and the
Secretary of Homeland Security'' after ``Attorney
General''.
(2) in clause (ii), by inserting ``Secretary of Homeland
Security'' after ``Attorney General'';
(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.''.
(c) Protection From Removal for Certain Crime Victims.--Section
107(e) of the Trafficking Victims Protection Act of 2000
[[Page 119 STAT. 3056]]
(22 U.S.C. 7105(e)) is amended by striking ``Attorney General'' each
place it occurs and inserting ``Secretary of Homeland Security''.
(d) Annual Report.--Section 107(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(g)) is amended by inserting ``or
the Secretary of Homeland Security'' after ``Attorney General''.
SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.
(a) Aging Out Children.--Section 204(a)(1)(D) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended--
(1) in clause (i)--
(A) in subclause (I), by inserting ``or section
204(a)(1)(B)(iii)'' after ``204(a)(1)(A)'' each place it
appears; and
(B) in subclause (III), by striking ``a petitioner
for preference status under paragraph (1), (2), or (3)
of section 203(a), whichever paragraph is applicable,''
and inserting ``a VAWA self-petitioner''; and
(2) by adding at the end the following:
``(iv) Any alien who benefits from this subparagraph may adjust
status in accordance with subsections (a) and (c) of section 245 as an
alien having an approved petition for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii).''.
(b) Application of CSPA Protections.--
(1) Immediate relative rules.--Section 201(f) of the
Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended by
adding at the end the following:
``(4) Application to self-petitions.--Paragraphs (1) through
(3) shall apply to self-petitioners and derivatives of self-
petitioners.''.
(2) Children rules.--Section 203(h) of the Immigration and
Nationality Act (8 U.S.C. 1153(h)) is amended by adding at the
end the following:
``(4) Application to self-petitions.--Paragraphs (1) through
(3) shall apply to self-petitioners and derivatives of self-
petitioners.''.
(c) Late Petition Permitted for Immigrant Sons and Daughters
Battered as Children.--
(1) In general.--Section 204(a)(1)(D) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by
subsection (a), is further amended by adding at the end the
following:
``(v) For purposes of this paragraph, an individual who is not less
than 21 years of age, who qualified to file a petition under
subparagraph (A)(iv) as of the day before the date on which the
individual attained 21 years of age, and who did not file such a
petition before such day, shall be treated as having filed a petition
under such subparagraph as of such day if a petition is filed for the
status described in such subparagraph before the individual attains 25
years of age and the individual shows that the abuse was at least one
central reason for the filing delay. <<NOTE: Applicability.>> 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
[[Page 119 STAT. 3057]]
child has been battered or subject to extreme cruelty by the adopting
parent or by a family member of the adopting parent residing in the same
household''.
Subtitle B--VAWA Self-Petitioners
SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(51) The term `VAWA self-petitioner' means an alien, or a
child of the alien, who qualifies for relief under--
``(A) clause (iii), (iv), or (vii) of section
204(a)(1)(A);
``(B) clause (ii) or (iii) of section 204(a)(1)(B);
``(C) section 216(c)(4)(C);
``(D) the first section of Public Law 89-732 (8
U.S.C. 1255 note) (commonly known as the Cuban
Adjustment Act) as a child or spouse who has been
battered or subjected to extreme cruelty;
``(E) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);
``(F) section 202(d)(1) of the Nicaraguan Adjustment
and Central American Relief Act; or
``(G) section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208).''.
SEC. 812. APPLICATION 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 battery was at least one
central reason for the alien's overstaying 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. 813. 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
[[Page 119 STAT. 3058]]
cruelty to the alien or any child or parent of the alien,
serious illness of the alien,''.
(2) <<NOTE: 8 USC 1229a note.>> 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) <<NOTE: 8 USC 1229b note.>> Discretion to Consent to an Alien's
Reapplication for Admission.--
(1) In general.--The Secretary of Homeland Security, the
Attorney General, and the Secretary of State shall continue to
have discretion to consent to an alien's reapplication for
admission after a previous order of removal, deportation, or
exclusion.
(2) Sense of congress.--It is the sense of Congress that the
officials described in paragraph (1) should particularly
consider exercising this authority in cases under the Violence
Against Women Act of 1994, cases involving nonimmigrants
described in subparagraph (T) or (U) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), and
relief under section 240A(b)(2) or 244(a)(3) of such Act (as in
effect on March 31, 1997) pursuant to regulations under section
212.2 of title 8, Code of Federal Regulations.
(c) Clarifying Application of Domestic Violence Waiver Authority in
Cancellation of Removal.--
(1) In general.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)) is amended--
(A) in paragraph (1)(C), by striking ``(except in a
case described in section 237(a)(7) where the Attorney
General exercises discretion to grant a waiver)'' and
inserting ``, subject to paragraph (5)'';
(B) in paragraph (2)(A)(iv), by striking ``(except
in a case described in section 237(a)(7) where the
Attorney General exercises discretion to grant a
waiver)'' and inserting ``, subject to paragraph (5)'';
and
(C) by adding at the end the following:
``(5) Application of domestic violence waiver authority.--
The authority provided under section 237(a)(7) may apply under
paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of
removal and adjustment of status proceeding.''.
SEC. 814. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS AND LIMITATION
ON PETITIONING FOR ABUSERS.
(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));
[[Page 119 STAT. 3059]]
``(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:
``(K) Upon the approval of a petition as a VAWA self-petitioner, the
alien--
``(i) is eligible for work authorization; and
``(ii) may be provided an `employment authorized'
endorsement or appropriate work permit incidental to such
approval.''.
(c) Employment Authorization for Battered Spouses of Certain
Nonimmigrants.--Title I of the Immigration and Nationality Act is
amended by adding at the end the following new section:
``SEC. 106. <<NOTE: 8 USC 1105a.>> EMPLOYMENT AUTHORIZATION FOR BATTERED
SPOUSES OF CERTAIN NONIMMIGRANTS.
``(a) In General.--In the case of an alien spouse admitted under
subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15) who is
accompanying or following to join a principal alien admitted under
subparagraph (A), (E)(iii), (G), or (H) of such section, respectively,
the Secretary of Homeland Security may authorize the alien spouse to
engage in employment in the United States and provide the spouse with an
`employment authorized' endorsement or other appropriate work permit if
the alien spouse demonstrates that during the marriage the alien spouse
or a child of the alien spouse has been battered or has been the subject
of extreme cruelty perpetrated by the spouse of the alien
spouse. <<NOTE: Applicability.>> Requests for relief under this section
shall be handled under the procedures that apply to aliens seeking
relief under section 204(a)(1)(A)(iii).
``(b) Construction.--The grant of employment authorization pursuant
to this section shall not confer upon the alien any other form of
relief.''.
(d) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 105 the
following new item:
``Sec. 106. Employment authorization for battered spouses of certain
nonimmigrants.''.
(e) Limitation on Petitioning for Abuser.--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 new subparagraph:
``(L) Notwithstanding the previous provisions of
this paragraph, an individual who was a VAWA petitioner
or who had the status of a nonimmigrant under
subparagraph (T) or (U) of section 101(a)(15) may not
file a petition for classification under this section or
section 214 to classify
[[Page 119 STAT. 3060]]
any person who committed the battery or extreme cruelty
or trafficking against the individual (or the
individual's child) which established the individual's
(or individual's child) eligibility as a VAWA petitioner
or for such nonimmigrant status.''.
SEC. 815. 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 and Department of
Justice Reauthorization 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) <<NOTE: 8 USC 1255 note.>> 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. 816. 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. 817. VAWA CONFIDENTIALITY NONDISCLOSURE.
Section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) 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)--
[[Page 119 STAT. 3061]]
(i) in subparagraph (D), by striking ``or'' at
the end; and
(ii) 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), by adding at the end the following
new paragraphs:
``(6) Subsection (a) may not be construed to prevent the
Attorney General and the Secretary of Homeland Security from
disclosing to the chairmen and ranking members of the Committee
on the Judiciary of the Senate or the Committee on the Judiciary
of the House of Representatives, for the exercise of
congressional oversight authority, information on closed cases
under this section in a manner that protects the confidentiality
of such information and that omits personally identifying
information (including locational information about
individuals).
``(7) Government entities adjudicating applications for
relief under subsection (a)(2), and government personnel
carrying out mandated duties under section 101(i)(1) of the
Immigration and Nationality Act, may, with the prior written
consent of the alien involved, communicate with nonprofit,
nongovernmental victims' service providers for the sole purpose
of assisting victims in obtaining victim services from programs
with expertise working with immigrant victims. Agencies
receiving referrals are bound by the provisions of this section.
Nothing in this paragraph shall be construed as affecting the
ability of an applicant to designate a safe organization through
whom governmental agencies may communicate with the
applicant.'';
(3) in subsection (c), by inserting ``or who knowingly makes
a false certification under section 239(e) of the Immigration
and Nationality Act'' after ``in violation of this section'';
and
(4) by adding at the end the following new subsection:
``(d) Guidance.--The Attorney General and the Secretary of Homeland
Security shall provide guidance to officers and employees of the
Department of Justice or the Department of Homeland Security who have
access to information covered by this section regarding the provisions
of this section, including the provisions to protect victims of domestic
violence from harm that could result from the inappropriate disclosure
of covered information.''.
[[Page 119 STAT. 3062]]
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) <<NOTE: Certification.>> Duration of status.--The
authorized period of status of an alien as a nonimmigrant under
section 101(a)(15)(U) shall be for a period of not more than 4
years, but shall be extended upon certification from a Federal,
State, or local law enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating or
prosecuting criminal activity described in section
101(a)(15)(U)(iii) that the alien's presence in the United
States is required to assist in the investigation or prosecution
of such criminal activity.''.
(c) Permitting Change of Nonimmigrant Status to T and U Nonimmigrant
Status.--
(1) In general.--Section 248 of the Immigration and
Nationality Act (8 U.S.C. 1258) is amended--
(A) by striking ``The Attorney General'' and
inserting ``(a) The Secretary of Homeland Security'';
(B) by inserting ``(subject to subsection (b))''
after ``except''; and
(C) by adding at the end the following:
``(b) The exceptions specified in paragraphs (1) through (4) of
subsection (a) shall not apply to a change of nonimmigrant
classification to that of a nonimmigrant under subparagraph (T) or (U)
of section 101(a)(15).''.
(2) Conforming amendment.--Section 214(l)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is
amended by striking ``248(2)'' and inserting ``248(a)(2)''.
SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN APPLICATION OF SPECIAL
PHYSICAL PRESENCE AND GOOD MORAL CHARACTER RULES.
(a) Physical Presence Rules.--Section 240A(b)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is amended--
(1) in the first sentence, by striking ``(A)(i)(II)'' and
inserting ``(A)(ii)''; and
[[Page 119 STAT. 3063]]
(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) <<NOTE: 8 USC 1101 note.>> 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 and Department of Justice Reauthorization 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 and Department of Justice Reauthorization
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) <<NOTE: 8 USC 1255 note.>> 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) <<NOTE: 8 USC 1255 note.>> 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. MOTIONS TO REOPEN.
(a) Removal Proceedings.--Section 240(c)(7) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(7)), as redesignated
[[Page 119 STAT. 3064]]
by section 101(d)(1) of the REAL ID Act of 2005 (division B of Public
Law 109-13), is amended--
(1) in subparagraph (A), by inserting ``, except that this
limitation shall not apply so as to prevent the filing of one
motion to reopen described in subparagraph (C)(iv)'' before the
period at the end; and
(2) in subparagraph (C)--
(A) in the heading of clause (iv), by striking
``Spouses and children'' and inserting ``Spouses,
children, and parents'';
(B) in the matter before subclause (I) of clause
(iv), by striking ``The deadline specified in subsection
(b)(5)(C) for filing a motion to reopen does not apply''
and inserting ``Any limitation under this section on the
deadlines for filing such motions shall not apply'';
(C) in clause (iv)(I), by striking ``or section
240A(b)'' and inserting ``, section 240A(b), or section
244(a)(3) (as in effect on March 31, 1997)'';
(D) by striking ``and'' at the end of clause
(iv)(II);
(E) by striking the period at the end of clause
(iv)(III) and inserting ``; and''; and
(F) by adding at the end the following:
``(IV) if the alien is physically
present in the United States at the time
of filing the motion.
The filing of a motion to reopen under this clause shall
only stay the removal of a qualified alien (as defined
in section 431(c)(1)(B) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641(c)(1)(B)) pending the final disposition of
the motion, including exhaustion of all appeals if the
motion establishes that the alien is a qualified
alien.''.
(b) Deportation and Exclusion Proceedings.--Section 1506(c)(2) of
the Violence Against Women Act of 2000 (8 U.S.C. 1229a note) is
amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A)(i) In general.--Notwithstanding any limitation
imposed by law on motions to reopen or rescind
deportation proceedings under the Immigration and
Nationality Act (as in effect before the title III-A
effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note))--
``(I) there is no time limit on the filing of
a motion to reopen such proceedings, and the
deadline specified in section 242B(c)(3) of the
Immigration and Nationality Act (as so in effect)
(8 U.S.C. 1252b(c)(3)) does not apply--
``(aa) if the basis of the motion is
to apply for relief under clause (iii)
or (iv) of section 204(a)(1)(A) of the
Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)), clause (ii) or
(iii) of section 204(a)(1)(B) of such
Act (8 U.S.C. 1154(a)(1)(B)), or section
244(a)(3) of such Act (as so in effect)
(8 U.S.C. 1254(a)(3)); and
``(bb) if the motion is accompanied
by a suspension of deportation
application to be filed with the
Secretary of Homeland Security or by a
copy
[[Page 119 STAT. 3065]]
of the self-petition that will be filed
with the Department of Homeland Security
upon the granting of the motion to
reopen; and
``(II) any such limitation shall not apply so
as to prevent the filing of one motion to reopen
described in section 240(c)(7)(C)(iv) of the
Immigration and Nationality Act (8 U.S.C.
1229a(c)(7)).
``(ii) Prima facie case.--The filing of a motion to
reopen under this subparagraph shall only stay the
removal of a qualified alien (as defined in section
431(c)(1)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B)) pending the final disposition of the
motion, including exhaustion of all appeals if the
motion establishes that the alien is a qualified
alien.'';
(2) in subparagraph (B), in the matter preceding clause (i),
by inserting ``who are physically present in the United States
and'' after ``filed by aliens''; and
(3) in subparagraph (B)(i), by inserting ``or exclusion''
after ``deportation''.
(c) Certification of Compliance in Removal Proceedings.--
(1) In general.--Section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) is amended by adding at the end
the following new subsection:
``(e) Certification of Compliance With Restrictions on Disclosure.--
``(1) In general.--In cases where an enforcement action
leading to a removal proceeding was taken against an alien at
any of the locations specified in paragraph (2), the Notice to
Appear shall include a statement that the provisions of section
384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) have been complied
with.
``(2) Locations.--The locations specified in this paragraph
are as follows:
``(A) At a domestic violence shelter, a rape crisis
center, supervised visitation center, family justice
center, a victim services, or victim services provider,
or a community-based organization.
``(B) At a courthouse (or in connection with that
appearance of the alien at a courthouse) if the alien 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 if the alien
is described in subparagraph (T) or (V) of section
101(a)(15).''.
(2) <<NOTE: 8 USC 1229 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect on the date
that is 30 days after the date of the enactment of this Act and
shall apply to apprehensions occurring on or after such date.
SEC. 826. PROTECTING ABUSED JUVENILES.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357),
as amended by section 726, is further amended by adding at the end the
following new clause:
[[Page 119 STAT. 3066]]
``(i) An alien described in section 101(a)(27)(J) of the Immigration
and Nationality Act who has been battered, abused, neglected, or
abandoned, shall not be compelled to contact the alleged abuser (or
family member of the alleged abuser) at any stage of applying for
special immigrant juvenile status, including after a request for the
consent of the Secretary of Homeland Security under section
101(a)(27)(J)(iii)(I) of such Act.''.
SEC. 827. <<NOTE: 49 USC 30301 note.>> PROTECTION OF DOMESTIC VIOLENCE
AND CRIME VICTIMS FROM CERTAIN DISCLOSURES OF INFORMATION.
In developing regulations or guidance with regard to identification
documents, including driver's licenses, the Secretary of Homeland
Security, in consultation with the Administrator of Social Security,
shall consider and address the needs of victims, including victims of
battery, extreme cruelty, domestic violence, dating violence, sexual
assault, stalking or trafficking, who are entitled to enroll in State
address confidentiality programs, whose addresses are entitled to be
suppressed under State or Federal law or suppressed by a court order, or
who are protected from disclosure of information pursuant to section 384
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1367).
SEC. 828. <<NOTE: Deadline. 8 USC 1101 note.>> RULEMAKING.
Not later than 180 days after the date of enactment of this Act, the
Attorney General, the Secretary of Homeland Security, and the Secretary
of State shall promulgate regulations to implement the provisions
contained in the Battered Immigrant Women Protection Act of 2000 (title
V of Public Law 106-386), this Act, and the amendments made by this Act.
Subtitle D-- <<NOTE: International Marriage Broker Regulation Act of
2005.>> International Marriage Broker Regulation
SEC. 831. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.
This subtitle may be cited as the ``International Marriage Broker
Regulation Act of 2005''.
SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.
(a) Information on Certain Convictions and Limitation on Petitions
for K Nonimmigrant Petitioners.--
(1) 214(d) amendment.--Section 214(d) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)) is amended--
(A) by striking ``(d)'' and inserting ``(d)(1)'';
(B) by inserting after the second sentence ``Such
information shall include information on any criminal
convictions of the petitioner for any specified
crime.'';
(C) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it
appears; and
(D) by adding at the end the following:
``(2)(A) Subject to subparagraphs (B) and (C), a consular officer
may not approve a petition under paragraph (1) unless the officer has
verified that--
``(i) the petitioner has not, previous to the pending
petition, petitioned under paragraph (1) with respect to two or
more applying aliens; and
[[Page 119 STAT. 3067]]
``(ii) if the petitioner has had such a petition previously
approved, 2 years have elapsed since the filing of such
previously approved petition.
``(B) The Secretary of Homeland Security may, in the Secretary's
discretion, waive the limitations in subparagraph (A) if justification
exists for such a waiver. Except in extraordinary circumstances and
subject to subparagraph (C), such a waiver shall not be granted if the
petitioner has a record of violent criminal offenses against a person or
persons.
``(C)(i) The Secretary of Homeland Security is not limited by the
criminal court record and shall grant a waiver of the condition
described in the second sentence of subparagraph (B) in the case of a
petitioner described in clause (ii).
``(ii) A petitioner described in this clause is a petitioner who has
been battered or subjected to extreme cruelty and who is or was not the
primary perpetrator of violence in the relationship upon a determination
that--
``(I) the petitioner was acting in self-defense;
``(II) the petitioner was found to have violated a
protection order intended to protect the petitioner; or
``(III) the petitioner committed, was arrested for, was
convicted of, or pled guilty to committing a crime that did not
result in serious bodily injury and where there was a connection
between the crime and the petitioner's having been battered or
subjected to extreme cruelty.
``(iii) In acting on applications under this subparagraph, the
Secretary of Homeland Security shall consider any credible evidence
relevant to the application. The determination of what evidence is
credible and the weight to be given that evidence shall be within the
sole discretion of the Secretary.
``(3) In this subsection:
``(A) The terms `domestic violence', `sexual assault',
`child abuse and neglect', `dating violence', `elder abuse', and
`stalking' have the meaning given such terms in section 3 of the
Violence Against Women and Department of Justice Reauthorization
Act of 2005.
``(B) The term `specified crime' means the following:
``(i) Domestic violence, sexual assault, child abuse
and neglect, dating violence, elder abuse, and stalking.
``(ii) Homicide, murder, manslaughter, rape, abusive
sexual contact, sexual exploitation, incest, torture,
trafficking, peonage, holding hostage, involuntary
servitude, slave trade, kidnapping, abduction, unlawful
criminal restraint, false imprisonment, or an attempt to
commit any of the crimes described in this clause.
``(iii) At least three convictions for crimes
relating to a controlled substance or alcohol not
arising from a single act.''.
(2) 214(r) amendment.--Section 214(r) of such Act (8 U.S.C.
1184(r)) is amended--
(A) in paragraph (1), by inserting after the second
sentence ``Such information shall include information on
any criminal convictions of the petitioner for any
specified crime.''; and
(B) by adding at the end the following:
``(4)(A) <<NOTE: Records.>> The Secretary of Homeland Security shall
create a database for the purpose of tracking multiple visa petitions
filed for
[[Page 119 STAT. 3068]]
fiance(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K). <<NOTE: Notification.>> Upon approval of a second visa
petition under section 101(a)(15)(K) for a fiance(e) or spouse filed by
the same United States citizen petitioner, the petitioner shall be
notified by the Secretary that information concerning the petitioner has
been entered into the multiple visa petition tracking database. All
subsequent fiance(e) or spouse nonimmigrant visa petitions filed by that
petitioner under such section shall be entered in the database.
``(B)(i) <<NOTE: Notification.>> Once a petitioner has had two
fiance(e) or spousal petitions approved under clause (i) or (ii) of
section 101(a)(15)(K), if a subsequent petition is filed under such
section less than 10 years after the date the first visa petition was
filed under such section, the Secretary of Homeland Security shall
notify both the petitioner and beneficiary of any such subsequent
petition about the number of previously approved fiance(e) or spousal
petitions listed in the database.
``(ii) A copy of the information and resources pamphlet on domestic
violence developed under section 833(a) of the International Marriage
Broker Regulation Act of 2005 shall be mailed to the beneficiary along
with the notification required in clause (i).
``(5) In this subsection:
``(A) The terms `domestic violence', `sexual assault',
`child abuse and neglect', `dating violence', `elder abuse', and
`stalking' have the meaning given such terms in section 3 of the
Violence Against Women and Department of Justice Reauthorization
Act of 2005.
``(B) The term `specified crime' means the following:
``(i) Domestic violence, sexual assault, child abuse
and neglect, dating violence, elder abuse, and stalking.
``(ii) Homicide, murder, manslaughter, rape, abusive
sexual contact, sexual exploitation, incest, torture,
trafficking, peonage, holding hostage, involuntary
servitude, slave trade, kidnapping, abduction, unlawful
criminal restraint, false imprisonment, or an attempt to
commit any of the crimes described in this clause.
``(iii) At least three convictions for crimes
relating to a controlled substance or alcohol not
arising from a single act.''.
(3) <<NOTE: 8 USC 1184 note.>> Effective date.--The
amendments made by this subsection shall take effect on the date
that is 60 days after the date of the enactment of this Act.
(b) <<NOTE: 8 USC 1184 note.>> Limitation on Use of Certain
Information.--The fact that an alien described in clause (i) or (ii) of
section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)) is aware of any information disclosed under the
amendments made by this section or under section 833 shall not be used
to deny the alien eligibility for relief under any other provision of
law.
SEC. 833. <<NOTE: 8 USC 1375a.>> DOMESTIC VIOLENCE INFORMATION AND
RESOURCES FOR IMMIGRANTS AND REGULATION OF INTERNATIONAL
MARRIAGE BROKERS.
(a) Information for K Nonimmigrants on Legal Rights and Resources
for Immigrant Victims of Domestic Violence.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop an information pamphlet, as described
[[Page 119 STAT. 3069]]
in paragraph (2), on legal rights and resources for immigrant
victims of domestic violence and distribute and make such
pamphlet available as described in paragraph (5). In preparing
such materials, the Secretary of Homeland Security shall consult
with nongovernmental organizations with expertise on the legal
rights of immigrant victims of battery, extreme cruelty, sexual
assault, and other crimes.
(2) Information pamphlet.--The information pamphlet
developed under paragraph (1) shall include information on the
following:
(A) The K nonimmigrant visa application process and
the marriage-based immigration process, including
conditional residence and adjustment of status.
(B) The illegality of domestic violence, sexual
assault, and child abuse in the United States and the
dynamics of domestic violence.
(C) Domestic violence and sexual assault services in
the United States, including the National Domestic
Violence Hotline and the National Sexual Assault
Hotline.
(D) The legal rights of immigrant victims of abuse
and other crimes in immigration, criminal justice,
family law, and other matters, including access to
protection orders.
(E) The obligations of parents to provide child
support for children.
(F) Marriage fraud under United States immigration
laws and the penalties for committing such fraud.
(G) A warning concerning the potential use of K
nonimmigrant visas by United States citizens who have a
history of committing domestic violence, sexual assault,
child abuse, or other crimes and an explanation that
such acts may not have resulted in a criminal record for
such a citizen.
(H) Notification of the requirement under subsection
(d)(3)(A) that international marriage brokers provide
foreign national clients with background information
gathered on United States clients from searches of
Federal and State sex offender public registries and
collected from United States clients regarding their
marital history and domestic violence or other violent
criminal history, but that such information may not be
complete or accurate because the United States client
may not have a criminal record or may not have
truthfully reported their marital or criminal record.
(3) Summaries.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop summaries of the pamphlet developed under
paragraph (1) that shall be used by Federal officials when
reviewing the pamphlet in interviews under subsection (b).
(4) Translation.--
(A) In general.--In order to best serve the language
groups having the greatest concentration of K
nonimmigrant visa applicants, the information pamphlet
developed under paragraph (1) shall, subject to
subparagraph (B), be translated by the Secretary of
State into foreign
[[Page 119 STAT. 3070]]
languages, including Russian, Spanish, Tagalog,
Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish,
Japanese, French, Arabic, Portuguese, Hindi, and such
other languages as the Secretary of State, in the
Secretary's discretion, may specify.
(B) Revision.--Every 2 years, the Secretary of
Homeland Security, in consultation with the Attorney
General and the Secretary of State, shall determine at
least 14 specific languages into which the information
pamphlet is translated based on the languages spoken by
the greatest concentrations of K nonimmigrant visa
applicants.
(5) Availability and distribution.--The information pamphlet
developed under paragraph (1) shall be made available and
distributed as follows:
(A) Mailings to k nonimmigrant visa applicants.--
(i) The pamphlet shall be mailed by the
Secretary of State to each applicant for a K
nonimmigrant visa at the same time that the
instruction packet regarding the visa application
process is mailed to such applicant. The pamphlet
so mailed shall be in the primary language of the
applicant or in English if no translation into the
applicant's primary language is available.
(ii) <<NOTE: Records.>> The Secretary of
Homeland Security shall provide to the Secretary
of State, for inclusion in the mailing under
clause (i), a copy of the petition submitted by
the petitioner for such applicant under subsection
(d) or (r) of section 214 of such Act (8 U.S.C.
1184).
(iii) <<NOTE: Records.>> The Secretary of
Homeland Security shall provide to the Secretary
of State any criminal background information the
Secretary of Homeland Security possesses with
respect to a petitioner under subsection (d) or
(r) of section 214 of such Act (8 U.S.C. 1184).
The Secretary of State, in turn, shall share any
such criminal background information that is in
government records or databases with the K
nonimmigrant visa applicant who is the beneficiary
of the petition. The visa applicant shall be
informed that such criminal background information
is based on available records and may not be
complete. The Secretary of State also shall
provide for the disclosure of such criminal
background information to the visa applicant at
the consular interview in the primary language of
the visa applicant. Nothing in this clause shall
be construed to authorize the Secretary of
Homeland Security to conduct any new or additional
criminal background check that is not otherwise
conducted in the course of adjudicating such
petitions.
(B) <<NOTE: Public information.>> Consular access.--
The pamphlet developed under paragraph (1) shall be made
available to the public at all consular posts. The
summaries described in paragraph (3) shall be made
available to foreign service officers at all consular
posts.
(C) Posting on federal websites.--The pamphlet
developed under paragraph (1) shall be posted on the
websites of the Department of State and the Department
of Homeland Security, as well as on the websites of all
[[Page 119 STAT. 3071]]
consular posts processing applications for K
nonimmigrant visas.
(D) International marriage brokers and victim
advocacy organizations.--The pamphlet developed under
paragraph (1) shall be made available to any
international marriage broker, government agency, or
nongovernmental advocacy organization.
(6) Deadline for pamphlet development and distribution.--The
pamphlet developed under paragraph (1) shall be distributed and
made available (including in the languages specified under
paragraph (4)) not later than 120 days after the date of the
enactment of this Act.
(b) Visa and Adjustment Interviews.--
(1) Fiance(e)s, spouses and their derivatives.--During an
interview with an applicant for a K nonimmigrant visa, a
consular officers shall--
(A) provide information, in the primary language of
the visa applicant, on protection orders or criminal
convictions collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under
subsection (a)(1) in English or another appropriate
language and provide an oral summary, in the primary
language of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of
the applicant, whether an international marriage broker
has facilitated the relationship between the applicant
and the United States petitioner, and, if so, obtain the
identity of the international marriage broker from the
applicant and confirm that the international marriage
broker provided to the applicant the information and
materials required under subsection (d)(3)(A)(iii).
(2) Family-based applicants.--The pamphlet developed under
subsection (a)(1) shall be distributed directly to applicants
for family-based immigration petitions at all consular and
adjustment interviews for such visas. The Department of State or
Department of Homeland Security officer conducting the interview
shall review the summary of the pamphlet with the applicant
orally in the applicant's primary language, in addition to
distributing the pamphlet to the applicant in English or another
appropriate language.
(c) Confidentiality.--In fulfilling the requirements of this
section, no official of the Department of State or the Department of
Homeland Security shall disclose to a nonimmigrant visa applicant the
name or contact information of any person who was granted a protection
order or restraining order against the petitioner or who was a victim of
a crime of violence perpetrated by the petitioner, but shall disclose
the relationship of the person to the petitioner.
(d) Regulation of International Marriage Brokers.--
(1) Prohibition on marketing children.--An international
marriage broker shall not provide any individual or entity with
the personal contact information, photograph, or general
information about the background or interests of any individual
under the age of 18.
(2) Requirements of international marriage brokers with
respect to mandatory collection of background information.--
[[Page 119 STAT. 3072]]
(A) In general.--
(i) Search of sex offender public
registries.--Each international marriage broker
shall search the National Sex Offender Public
Registry or State sex offender public registry, as
required under paragraph (3)(A)(i).
(ii) Collection of background information.--
Each international marriage broker shall also
collect the background information listed in
subparagraph (B) about the United States client to
whom the personal contact information of a foreign
national client would be provided.
(B) <<NOTE: Certification.>> Background
information.--The international marriage broker shall
collect a certification signed (in written, electronic,
or other form) by the United States client accompanied
by documentation or an attestation of the following
background information about the United States client:
(i) Any temporary or permanent civil
protection order or restraining order issued
against the United States client.
(ii) Any Federal, State, or local arrest or
conviction of the United States client for
homicide, murder, manslaughter, assault, battery,
domestic violence, rape, sexual assault, abusive
sexual contact, sexual exploitation, incest, child
abuse or neglect, torture, trafficking, peonage,
holding hostage, involuntary servitude, slave
trade, kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or stalking.
(iii) Any Federal, State, or local arrest or
conviction of the United States client for--
(I) solely, principally, or
incidentally engaging in prostitution;
(II) a direct or indirect attempt to
procure prostitutes or persons for the
purpose of prostitution; or
(III) receiving, in whole or in
part, of the proceeds of prostitution.
(iv) Any Federal, State, or local arrest or
conviction of the United States client for
offenses related to controlled substances or
alcohol.
(v) Marital history of the United States
client, including whether the client is currently
married, whether the client has previously been
married and how many times, how previous marriages
of the client were terminated and the date of
termination, and whether the client has previously
sponsored an alien to whom the client was engaged
or married.
(vi) The ages of any of the United States
client's children who are under the age of 18.
(vii) All States and countries in which the
United States client has resided since the client
was 18 years of age.
(3) Obligation of international marriage brokers with
respect to informed consent.--
(A) Limitation on sharing information about foreign
national clients.--An international marriage broker
[[Page 119 STAT. 3073]]
shall not provide any United States client or
representative with the personal contact information of
any foreign national client unless and until the
international marriage broker has--
(i) performed a search of the National Sex
Offender Public Registry, or of the relevant State
sex offender public registry for any State not yet
participating in the National Sex Offender Public
Registry in which the United States client has
resided during the previous 20 years, for
information regarding the United States client;
(ii) collected background information about
the United States client required under paragraph
(2);
(iii) provided to the foreign national
client--
(I) in the foreign national client's
primary language, a copy of any records
retrieved from the search required under
paragraph (2)(A)(i) or documentation
confirming that such search retrieved no
records;
(II) in the foreign national
client's primary language, a copy of the
background information collected by the
international marriage broker under
paragraph (2)(B); and
(III) in the foreign national
client's primary language (or in English
or other appropriate language if there
is no translation available into the
client's primary language), the pamphlet
developed under subsection (a)(1); and
(iv) received from the foreign national client
a signed, written consent, in the foreign national
client's primary language, to release the foreign
national client's personal contact information to
the specific United States client.
(B) Confidentiality.--In fulfilling the requirements
of this paragraph, an international marriage broker
shall disclose the relationship of the United States
client to individuals who were issued a protection order
or restraining order as described in clause (i) of
paragraph (2)(B), or of any other victims of crimes as
described in clauses (ii) through (iv) of such
paragraph, but shall not disclose the name or location
information of such individuals.
(C) Penalty for misuse of information.--A person who
knowingly discloses, uses, or causes to be used any
information obtained by an international marriage broker
as a result of the obligations imposed on it under
paragraph (2) and this paragraph for any purpose other
than the disclosures required under this paragraph shall
be fined in accordance with title 18, United States
Code, or imprisoned not more than 1 year, or both. These
penalties are in addition to any other civil or criminal
liability under Federal or State law which a person may
be subject to for the misuse of that information,
including to threaten, intimidate, or harass any
individual. Nothing in this section shall prevent the
disclosure of such information to law enforcement or
pursuant to a court order.
[[Page 119 STAT. 3074]]
(4) Limitation on disclosure.--An international marriage
broker shall not provide the personal contact information of any
foreign national client to any person or entity other than a
United States client. Such information shall not be disclosed to
potential United States clients or individuals who are being
recruited to be United States clients or representatives.
(5) Penalties.--
(A) Federal civil penalty.--
(i) Violation.--An international marriage
broker that violates (or attempts to violate)
paragraph (1), (2), (3), or (4) is subject to a
civil penalty of not less than $5,000 and not more
than $25,000 for each such violation.
(ii) Procedures for imposition of penalty.--A
penalty may be imposed under clause (i) by the
Attorney General only after notice and an
opportunity for an agency hearing on the record in
accordance with subchapter II of chapter 5 of
title 5, United States Code (popularly known as
the Administrative Procedure Act).
(B) Federal criminal penalty.--In circumstances in
or affecting interstate or foreign commerce, an
international marriage broker that, within the special
maritime and territorial jurisdiction of the United
States, violates (or attempts to violate) paragraph (1),
(2), (3), or (4) shall be fined in accordance with title
18, United States Code, or imprisoned for not more than
5 years, or both.
(C) Additional remedies.--The penalties and remedies
under this subsection are in addition to any other
penalties or remedies available under law.
(6) Nonpreemption.--Nothing in this subsection shall
preempt--
(A) any State law that provides additional
protections for aliens who are utilizing the services of
an international marriage broker; or
(B) any other or further right or remedy available
under law to any party utilizing the services of an
international marriage broker.
(7) Effective date.--
(A) In general.--Except as provided in subparagraph
(B), this subsection shall take effect on the date that
is 60 days after the date of the enactment of this Act.
(B) Additional time allowed for information
pamphlet.--The requirement for the distribution of the
pamphlet developed under subsection (a)(1) shall not
apply until 30 days after the date of its development
and initial distribution under subsection (a)(6).
(e) Definitions.--In this section:
(1) Crime of violence.--The term ``crime of violence'' has
the meaning given such term in section 16 of title 18, United
States Code.
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given such term in section 3 of this Act.
(3) Foreign national client.--The term ``foreign national
client'' means a person who is not a United States citizen or
national or an alien lawfully admitted to the United States for
permanent residence and who utilizes the services of an
[[Page 119 STAT. 3075]]
international marriage broker. Such term includes an alien
residing in the United States who is in the United States as a
result of utilizing the services of an international marriage
broker and any alien recruited by an international marriage
broker or representative of such broker.
(4) International marriage broker.--
(A) In general.--The term ``international marriage
broker'' means a corporation, partnership, business,
individual, or other legal entity, whether or not
organized under any law of the United States, that
charges fees for providing dating, matrimonial,
matchmaking services, or social referrals between United
States citizens or nationals or aliens lawfully admitted
to the United States as permanent residents and foreign
national clients by providing personal contact
information or otherwise facilitating communication
between individuals.
(B) Exceptions.--Such term does not include--
(i) a traditional matchmaking organization of
a cultural or religious nature that operates on a
nonprofit basis and otherwise operates in
compliance with the laws of the countries in which
it operates, including the laws of the United
States; or
(ii) an entity that provides dating services
if its principal business is not to provide
international dating services between United
States citizens or United States residents and
foreign nationals and it charges comparable rates
and offers comparable services to all individuals
it serves regardless of the individual's gender or
country of citizenship.
(5) K nonimmigrant visa.--The term ``K nonimmigrant visa''
means a nonimmigrant visa under clause (i) or (ii) of section
101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)).
(6) Personal contact information.--
(A) In general.--The term ``personal contact
information'' means information, or a forum to obtain
such information, that would permit individuals to
contact each other, including--
(i) the name or residential, postal,
electronic mail, or instant message address of an
individual;
(ii) the telephone, pager, cellphone, or fax
number, or voice message mailbox of an individual;
or
(iii) the provision of an opportunity for an
in-person meeting.
(B) Exception.--Such term does not include a
photograph or general information about the background
or interests of a person.
(7) Representative.--The term ``representative'' means, with
respect to an international marriage broker, the person or
entity acting on behalf of such broker. Such a representative
may be a recruiter, agent, independent contractor, or other
international marriage broker or other person conveying
information about or to a United States client or foreign
national client, whether or not the person or entity receives
remuneration.
[[Page 119 STAT. 3076]]
(8) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Northern Mariana Islands.
(9) United states.--The term ``United States'', when used in
a geographic sense, includes all the States.
(10) United states client.--The term ``United States
client'' means a United States citizen or other individual who
resides in the United States and who utilizes the services of an
international marriage broker, if a payment is made or a debt is
incurred to utilize such services.
(f) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study--
(A) on the impact of this section and section 832 on
the K nonimmigrant visa process, including
specifically--
(i) annual numerical changes in petitions for
K nonimmigrant visas;
(ii) the annual number (and percentage) of
such petitions that are denied under subsection
(d)(2) or (r) of section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184), as amended by
this Act;
(iii) the annual number of waiver applications
submitted under such a subsection, the number (and
percentage) of such applications granted or
denied, and the reasons for such decisions;
(iv) the annual number (and percentage) of
cases in which the criminal background information
collected and provided to the applicant as
required by subsection (a)(5)(A)(iii) contains one
or more convictions;
(v) the annual number and percentage of cases
described in clause (iv) that were granted or were
denied waivers under section 214(d)(2) of the
Immigration and Nationality Act, as amended by
this Act;
(vi) the annual number of fiance(e) and
spousal K nonimmigrant visa petitions or family-
based immigration petitions filed by petitioners
or applicants who have previously filed other
fiance(e) or spousal K nonimmigrant visa petitions
or family-based immigration petitions;
(vii) the annual number of fiance(e) and
spousal K nonimmigrant visa petitions or family-
based immigration petitions filed by petitioners
or applicants who have concurrently filed other
fiance(e) or spousal K nonimmigrant visa
petitioners or family-based immigration petitions;
and
(viii) the annual and cumulative number of
petitioners and applicants tracked in the multiple
filings database established under paragraph (4)
of section 214(r) of the Immigration and
Nationality Act, as added by this Act;
(B) regarding the number of international marriage
brokers doing business in the United States, the number
of marriages resulting from the services provided, and
the extent of compliance with the applicable
requirements of this section;
(C) that assesses the accuracy and completeness of
information gathered under section 832 and this section
[[Page 119 STAT. 3077]]
from clients and petitioners by international marriage
brokers, the Department of State, or the Department of
Homeland Security;
(D) that examines, based on the information
gathered, the extent to which persons with a history of
violence are using either the K nonimmigrant visa
process or the services of international marriage
brokers, or both, and the extent to which such persons
are providing accurate and complete information to the
Department of State or the Department of Homeland
Security and to international marriage brokers in
accordance with subsections (a) and (d)(2)(B); and
(E) that assesses the accuracy and completeness of
the criminal background check performed by the Secretary
of Homeland Security at identifying past instances of
domestic violence.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report
setting forth the results of the study conducted under paragraph
(1).
(3) Data collection.--The Secretary of Homeland Security and
the Secretary of State shall collect and maintain the data
necessary for the Comptroller General of the United States to
conduct the study required by paragraph (1).
(g) Repeal of Mail-Order Bride Provision.--Section 652 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1375) is hereby repealed.
SEC. 834. <<NOTE: 8 USC 1202 note.>> SHARING OF CERTAIN INFORMATION.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) shall not be construed to prevent the sharing of information
regarding a United States petitioner for a visa under clause (i) or (ii)
of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) for the
limited purposes of fulfilling disclosure obligations imposed by the
amendments made by section 832(a) or by section 833, including reporting
obligations of the Comptroller General of the United States under
section 833(f).
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. <<NOTE: 42 USC 3796gg-10 note.>> 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
[[Page 119 STAT. 3078]]
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. <<NOTE: 42 USC 3796gg-10 note.>> 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. <<NOTE: 42 USC 14045d.>> 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 of the Department of Health and Human Services 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) <<NOTE: 42 USC 3796gg-10 note.>> 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.
[[Page 119 STAT. 3079]]
(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) <<NOTE: Establishment.>> 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) 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 2007 and 2008, to remain available until expended.
(b) Injury Study.--
(1) In general.--The Secretary of Health and Human Services,
acting through the Indian Health Service and the Centers for
Disease Control and Prevention, shall conduct a study to obtain
a national projection of--
(A) the incidence of injuries and homicides
resulting from domestic violence, dating violence,
sexual assault, or stalking committed against American
Indian and Alaska Native women; and
(B) the cost of providing health care for the
injuries described in subparagraph (A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Indian Affairs of the
Senate, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives a
report that describes the findings made in the study and
recommends 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 2007 and 2008, 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:
[[Page 119 STAT. 3080]]
``(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) <<NOTE: 28 USC 534 note.>> 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 2007 through 2011, to remain available until
expended.
SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
(a) In General.--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. <<NOTE: 42 USC 3796gg-10.>> GRANTS TO INDIAN TRIBAL
GOVERNMENTS.
``(a) Grants.--The Attorney General may make grants to Indian tribal
governments and tribal organizations to--
``(1) develop and enhance effective governmental strategies
to curtail violent crimes against and increase the safety of
Indian women consistent with tribal law and custom;
``(2) increase tribal capacity to respond to domestic
violence, dating violence, sexual assault, and stalking crimes
against Indian women;
``(3) strengthen tribal justice interventions including
tribal law enforcement, prosecution, courts, probation,
correctional facilities;
``(4) enhance services to Indian women victimized by
domestic violence, dating violence, sexual assault, and
stalking;
``(5) work in cooperation with the community to develop
education and prevention strategies directed toward issues of
domestic violence, dating violence, and stalking programs and to
address the needs of children exposed to domestic violence;
``(6) provide programs for supervised visitation and safe
visitation exchange of children in situations involving domestic
violence, sexual assault, or stalking committed by one parent
against the other with appropriate security measures, policies,
and procedures to protect the safety of victims and their
children; and
``(7) provide transitional housing for victims of domestic
violence, dating violence, sexual assault, or stalking,
including rental or utilities payments assistance and assistance
with related expenses such as security deposits and other costs
incidental to relocation to transitional housing, and support
services to enable a victim of domestic violence, dating
violence, sexual assault, or stalking to locate and secure
permanent housing and integrate into a community.
``(b) Collaboration.--All applicants under this section shall
demonstrate their proposal was developed in consultation with a
nonprofit, nongovernmental Indian victim services program,
[[Page 119 STAT. 3081]]
including sexual assault and domestic violence victim services providers
in the tribal or local community, or a nonprofit tribal domestic
violence and sexual assault coalition to the extent that they exist. In
the absence of such a demonstration, the applicant may meet the
requirement of this subsection through consultation with women in the
community to be served.
``(c) Nonexclusivity.--The Federal share of a grant made under this
section may not exceed 90 percent of the total costs of the project
described in the application submitted, except that the Attorney General
may grant a waiver of this match requirement on the basis of
demonstrated financial hardship. Funds appropriated for the activities
of any agency of an Indian tribal government or of the Bureau of Indian
Affairs performing law enforcement functions on any Indian lands may be
used to provide the non-Federal share of the cost of programs or
projects funded under this section.''.
(b) Authorization of Funds From Grants To Combat Violent Crimes
Against Women.--Section 2007(b)(1) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is amended to read as
follows:
``(1) Ten percent shall be available for grants under the
program authorized in section 2007. The requirements of this
part shall not apply to funds allocated for such program.''.
(c) Authorization of Funds From Grants To Encourage State Policies
and Enforcement of Protection Orders Program.--Section 2101 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is
amended by striking subsection (e) and inserting the following:
``(e) Not less than 10 percent of the total amount available under
this section for each fiscal year shall be available for grants under
the program authorized in section 2007. The requirements of this part
shall not apply to funds allocated for such program.''.
(d) Authorization of Funds From Rural Domestic Violence and Child
Abuse Enforcement Assistance Grants.--Subsection 40295(c) of the
Violence Against Women Act of 1994 (42 U.S.C. 13971(c)(3)) is amended by
striking paragraph (3) and inserting the following:
``(3) Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available for
grants under the program authorized in section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968. The
requirements of this paragraph shall not apply to funds
allocated for such program.''.
(e) Authorization of Funds From the Safe Havens for Children
Program.--Section 1301 of the Violence Against Women Act of 2000 (42
U.S.C. 10420) is amended by striking subsection (f) and inserting the
following:
``(f) Not less than 10 percent of the total amount available under
this section for each fiscal year shall be available for grants under
the program authorized in section 2007 of the Omnibus Crime Control and
Safe Streets Act of 1968. The requirements of this subsection shall not
apply to funds allocated for such program.''.
(f) Authorization of Funds From the Transitional Housing Assistance
Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault Program.--Section 40299(g) of the
[[Page 119 STAT. 3082]]
Violence Against Women Act of 1994 (42 U.S.C. 13975(g)) is amended by
adding at the end the following:
``(4) Tribal program.--Not less than 10 percent of the total
amount available under this section for each fiscal year shall
be available for grants under the program authorized in section
2007 of the Omnibus Crime Control and Safe Streets Act of 1968.
The requirements of this paragraph shall not apply to funds
allocated for such program.''.
(g) Authorization of Funds From the Legal Assistance for Victims
Improvements Program.--Section 1201(f) of the Violence Against Women Act
of 2000 (42 U.S.C. 3796gg-6) is amended by adding at the end the
following:
``(4) Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available for
grants under the program authorized in section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968. The
requirements of this paragraph shall not apply to funds
allocated for such program.''.
SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST WOMEN.
Part T of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg et seq.), as amended by section 906, is
amended by adding at the end the following:
``SEC. 2008. <<NOTE: 42 USC 3796gg-11.>> 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) <<NOTE: Grants. Contracts.>> 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
benefitted shall be a prerequisite to the making of the
grant or letting of the contract;
``(C) <<NOTE: Guidelines.>> 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;
[[Page 119 STAT. 3083]]
``(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 of the response of Indian tribes
to crimes of domestic violence, dating violence, sexual
assault, and stalking against Indian women, including
legal services for victims and Indian-specific offender
programs;
``(B) development and maintenance of tribal domestic
violence shelters or programs for battered Indian women,
including sexual assault services, that are based upon
the unique circumstances of the Indian women to be
served;
``(C) development of tribal educational awareness
programs and materials;
``(D) support for customary tribal activities to
strengthen the intolerance of an Indian tribe to
violence against Indian women; and
``(E) development, implementation, and maintenance
of tribal electronic databases for tribal protection
order registries.''.
SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.
(a) Firearms Possession Prohibitions.--Section 921(33)(A)(i) of
title 18, United States Code, is amended to read: ``(i) is a misdemeanor
under Federal, State, or Tribal law; and''.
(b) Law Enforcement Authority.--Section 4(3) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2803(3) is amended--
(1) in subparagraph (A), by striking ``or'';
(2) in subparagraph (B), by striking the semicolon and
inserting ``, or''; and
(3) by adding at the end the following:
``(C) the offense is a misdemeanor crime of domestic
violence, dating violence, stalking, or violation of a
protection order and has, as an element, the use or
attempted use of physical force, or the threatened use
of a deadly weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a person
with whom the
[[Page 119 STAT. 3084]]
victim shares a child in common, by a person who is
cohabitating with or has cohabited with the victim as a
spouse, parent, or guardian, or by a person similarly
situated to a spouse, parent or guardian of the victim,
and the employee has reasonable grounds to believe that
the person to be arrested has committed, or is
committing the crime;''.
SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.
Chapter 7 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 117. Domestic assault by an habitual offender
``(a) In General.--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.
``(b) Domestic Assault Defined.--In this section, the term `domestic
assault' means an assault committed by a current or former spouse,
parent, child, 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 cohabitated with the victim as a spouse, parent, child, or guardian,
or by a person similarly situated to a spouse, parent, child, or
guardian of the victim.''.
TITLE X-- <<NOTE: DNA Fingerprint Act of 2005.>> DNA FINGERPRINTING
SEC. 1001. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.
This title may be cited as the ``DNA Fingerprint Act of 2005''.
SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM NATIONAL DNA
INDEX.
Section 210304 of the DNA Identification Act of 1994 (42 U.S.C.
14132) is amended--
(1) in subsection (a)(1)(C), by striking ``DNA profiles''
and all that follows through ``, and'';
(2) in subsection (d)(1), by striking subparagraph (A), and
inserting the following:
``(A) <<NOTE: Certification.>> The Director of the
Federal Bureau of Investigation shall promptly expunge
from the index described in subsection (a) the DNA
analysis of a person included in the index--
``(i) on the basis of conviction for a
qualifying Federal offense or a qualifying
District of Columbia offense (as determined under
sections 3 and 4 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a,
14135b), respectively), if the Director receives,
for each conviction of the person of a qualifying
offense,
[[Page 119 STAT. 3085]]
a certified copy of a final court order
establishing that such conviction has been
overturned; or
``(ii) on the basis of an arrest under the
authority of the United States, if the Attorney
General receives, for each charge against the
person on the basis of which the analysis was or
could have been included in the index, a certified
copy of a final court order establishing that such
charge has been dismissed or has resulted in an
acquittal or that no charge was filed within the
applicable time period.'';
(3) <<NOTE: Certification.>> in subsection (d)(2)(A)(ii), by
striking ``all charges for'' and all that follows, and inserting
the following: ``the responsible agency or official of that
State receives, for each charge against the person on the basis
of which the analysis was or could have been included in the
index, a certified copy of a final court order establishing that
such charge has been dismissed or has resulted in an acquittal
or that no charge was filed within the applicable time
period.''; and
(4) by striking subsection (e).
SEC. 1003. EXPANDED USE OF CODIS GRANTS.
Section 2(a)(1) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)(1)) is amended by striking ``taken from individuals
convicted of a qualifying State offense (as determined under subsection
(b)(3))'' and inserting ``collected under applicable legal authority''.
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION FROM PERSONS
ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.
(a) In General.--Section 3 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Director''
and inserting the following:
``(A) <<NOTE: Regulations.>> The Attorney General
may, as prescribed by the Attorney General in
regulation, collect DNA samples from individuals who are
arrested or from non-United States persons who are
detained under the authority of the United States. The
Attorney General may delegate this function within the
Department of Justice as provided in section 510 of
title 28, United States Code, and may also authorize and
direct any other agency of the United States that
arrests or detains individuals or supervises individuals
facing charges to carry out any function and exercise
any power of the Attorney General under this section.
``(B) The Director''; and
(B) in paragraphs (3) and (4), by striking
``Director of the Bureau of Prisons'' each place it
appears and inserting ``Attorney General, the Director
of the Bureau of Prisons,''; and
(2) in subsection (b), by striking ``Director of the Bureau
of Prisons'' and inserting ``Attorney General, the Director of
the Bureau of Prisons,''.
(b) Conforming Amendments.--Subsections (b) and (c)(1)(A) of section
3142 of title 18, United States Code, are each amended by inserting
``and subject to the condition that the person cooperate in the
collection of a DNA sample from the person if the collection
[[Page 119 STAT. 3086]]
of such a sample is authorized pursuant to section 3 of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135a)'' after ``period of
release''.
SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE OFFENSES.
Section 3297 of title 18, United States Code, is amended by striking
``except for a felony offense under chapter 109A,''.
TITLE XI--DEPARTMENT OF JUSTICE REAUTHORIZATION
Subtitle A--AUTHORIZATION OF APPROPRIATIONS
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2006.
There are authorized to be appropriated for fiscal year 2006, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or other
component thereof), the following sums:
(1) General administration.--For General Administration:
$161,407,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $216,286,000 for administration of clemency
petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $72,828,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) General legal activities.--For General Legal Activities:
$679,661,000, which shall include--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals;
(B) not less than $15,000,000 for the investigation
and prosecution of violations of title 17 of the United
States Code;
(C) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character; and
(D) $5,000,000 for the investigation and prosecution
of violations of chapter 77 of title 18 of the United
States Code.
(5) Antitrust division.--For the Antitrust Division:
$144,451,000.
(6) United states attorneys.--For United States Attorneys:
$1,626,146,000.
(7) Federal bureau of investigation.--For the Federal Bureau
of Investigation: $5,761,237,000, which shall include not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character.
(8) United states marshals service.--For the United States
Marshals Service: $800,255,000.
[[Page 119 STAT. 3087]]
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $5,065,761,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,716,173,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$923,613,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $181,137,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $661,940,000 for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,270,000.
(15) Community relations service.--For the Community
Relations Service: $9,759,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $21,468,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United States
Parole Commission: $11,300,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,222,000,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including planning,
development, and deployment: $181,490,000.
(20) Narrow band communications.--For the costs of
conversion to narrowband communications, including the cost for
operation and maintenance of Land Mobile Radio legacy systems:
$128,701,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice Programs,
the Office on Violence Against Women, and Office of Community
Oriented Policing Services:
(A) $121,105,000 for the Office of Justice Programs.
(B) $14,172,000 for the Office on Violence Against
Women.
(C) $31,343,000 for the Office of Community Oriented
Policing Services.
SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2007.
There are authorized to be appropriated for fiscal year 2007, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or other
component thereof), the following sums:
(1) General administration.--For General Administration:
$167,863,000.
[[Page 119 STAT. 3088]]
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $224,937,000 for administration of clemency
petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $75,741,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) General legal activities.--For General Legal Activities:
$706,847,000, which shall include--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals;
(B) not less than $15,600,000 for the investigation
and prosecution of violations of title 17 of the United
States Code;
(C) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character; and
(D) $5,000,000 for the investigation and prosecution
of violations of chapter 77 of title 18 of the United
States Code.
(5) Antitrust division.--For the Antitrust Division:
$150,229,000.
(6) United states attorneys.--For United States Attorneys:
$1,691,192,000.
(7) Federal bureau of investigation.--For the Federal Bureau
of Investigation: $5,991,686,000, which shall include not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character.
(8) United states marshals service.--For the United States
Marshals Service: $832,265,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $5,268,391,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,784,820,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$960,558,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $188,382,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $688,418,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,321,000.
(15) Community relations service.--For the Community
Relations Service: $10,149,000.
[[Page 119 STAT. 3089]]
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United States
Parole Commission: $11,752,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,405,300,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including planning,
development, and deployment: $188,750,000.
(20) Narrowband communications.--For the costs of conversion
to narrowband communications, including the cost for operation
and maintenance of Land Mobile Radio legacy systems:
$133,849,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice Programs,
the Office on Violence Against Women, and the Office of
Community Oriented Policing Services:
(A) $125,949,000 for the Office of Justice Programs.
(B) $15,600,000 for the Office on Violence Against
Women.
(C) $32,597,000 for the Office of Community Oriented
Policing Services.
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.
There are authorized to be appropriated for fiscal year 2008, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or other
component thereof), the following sums:
(1) General administration.--For General Administration:
$174,578,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $233,934,000 for administration of clemency
petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $78,771,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) General legal activities.--For General Legal Activities:
$735,121,000, which shall include--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals;
(B) not less than $16,224,000 for the investigation
and prosecution of violations of title 17 of the United
States Code;
(C) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character; and
(D) $5,000,000 for the investigation and prosecution
of violations of chapter 77 of title 18 of the United
States Code.
(5) Antitrust division.--For the Antitrust Division:
$156,238,000.
(6) United states attorneys.--For United States Attorneys:
$1,758,840,000.
[[Page 119 STAT. 3090]]
(7) Federal bureau of investigation.--For the Federal Bureau
of Investigation: $6,231,354,000, which shall include not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character.
(8) United states marshals service.--For the United States
Marshals Service: $865,556,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $5,479,127,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,856,213,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$998,980,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $195,918,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $715,955,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,374,000.
(15) Community relations service.--For the Community
Relations Service: $10,555,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United States
Parole Commission: $12,222,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,616,095,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including planning,
development, and deployment: $196,300,000.
(20) Narrowband communications.--For the costs of conversion
to narrowband communications, including the cost for operation
and maintenance of Land Mobile Radio legacy systems:
$139,203,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice Programs,
the Office on Violence Against Women, and the Office of
Community Oriented Policing Services:
(A) $130,987,000 for the Office of Justice Programs.
(B) $16,224,000 for the Office on Violence Against
Women.
(C) $33,901,000 for the Office of Community Oriented
Policing Services.
[[Page 119 STAT. 3091]]
SEC. 1104. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.
There are authorized to be appropriated for fiscal year 2009, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or other
component thereof), the following sums:
(1) General administration.--For General Administration:
$181,561,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $243,291,000 for administration of pardon
and clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $81,922,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) General legal activities.--For General Legal Activities:
$764,526,000, which shall include--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals;
(B) not less than $16,872,000 for the investigation
and prosecution of violations of title 17 of the United
States Code;
(C) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character; and
(D) $5,000,000 for the investigation and prosecution
of violations of chapter 77 of title 18 of the United
States Code.
(5) Antitrust division.--For the Antitrust Division:
$162,488,000.
(6) United states attorneys.--For United States Attorneys:
$1,829,194,000.
(7) Federal bureau of investigation.--For the Federal Bureau
of Investigation: $6,480,608,000, which shall include not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character.
(8) United states marshals service.--For the United States
Marshals Service: $900,178,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $5,698,292,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,930,462,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$1,038,939,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $203,755,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $744,593,000, for
expenses not otherwise provided for, for the investigation and
[[Page 119 STAT. 3092]]
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,429,000.
(15) Community relations service.--For the Community
Relations Service: $10,977,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United States
Parole Commission: $12,711,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,858,509,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including planning,
development, and deployment: $204,152,000.
(20) Narrowband communications.--For the costs of conversion
to narrowband communications, including the cost for operation
and maintenance of Land Mobile Radio legacy systems:
$144,771,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice Programs,
the Office on Violence Against Women, and the Office of
Community Oriented Policing Services:
(A) $132,226,000 for the Office of Justice Programs.
(B) $16,837,000 for the Office on Violence Against
Women.
(C) $35,257,000 for the Office of Community Oriented
Policing Services.
SEC. 1105. <<NOTE: 28 USC 509 note.>> ORGANIZED RETAIL THEFT.
(a) <<NOTE: Establishment. Records.>> National Data.--(1) The
Attorney General and the Federal Bureau of Investigation, in
consultation with the retail community, shall establish a task force to
combat organized retail theft and provide expertise to the retail
community for the establishment of a national database or clearinghouse
housed and maintained in the private sector to track and identify where
organized retail theft type crimes are being committed in the United
Sates. The national database shall allow Federal, State, and local law
enforcement officials as well as authorized retail companies (and
authorized associated retail databases) to transmit information into the
database electronically and to review information that has been
submitted electronically.
(2) The Attorney General shall make available funds to provide for
the ongoing administrative and technological costs to federal law
enforcement agencies participating in the database project.
(3) The Attorney General through the Bureau of Justice Assistance in
the Office of Justice may make grants to help provide for the
administrative and technological costs to State and local law
enforcement agencies participating in the data base project.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2006 through 2009, $5,000,000 for
educating and training federal law enforcement regarding organized
retail theft, for investigating, apprehending and prosecuting
individuals engaged in organized retail theft, and
[[Page 119 STAT. 3093]]
for working with the private sector to establish and utilize the
database described in subsection (a).
(c) Definition of Organized Retail Theft.--For purposes of this
section, ``organized retail theft'' means--
(1) the violation of a State prohibition on retail
merchandise theft or shoplifting, if the violation consists of
the theft of quantities of items that would not normally be
purchased for personal use or consumption and for the purpose of
reselling the items or for reentering the items into commerce;
(2) the receipt, possession, concealment, bartering, sale,
transport, or disposal of any property that is know or should be
known to have been taken in violation of paragraph (1); or
(3) the coordination, organization, or recruitment of
persons to undertake the conduct described in paragraph (1) or
(2).
SEC. 1106. <<NOTE: 28 USC 509 note.>> UNITED STATES-MEXICO BORDER
VIOLENCE TASK FORCE.
(a) <<NOTE: Establishment.>> Task Force.--(1) The Attorney General
shall establish the United States-Mexico Border Violence Task Force in
Laredo, Texas, to combat drug and firearms trafficking, violence, and
kidnapping along the border between the United States and Mexico and to
provide expertise to the law enforcement and homeland security agencies
along the border between the United States and Mexico. The Task Force
shall include personnel from the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Immigration and Customs Enforcement, the Drug
Enforcement Administration, Customs and Border Protection, other Federal
agencies (as appropriate), the Texas Department of Public Safety, and
local law enforcement agencies.
(2) The Attorney General shall make available funds to provide for
the ongoing administrative and technological costs to Federal, State,
and local law enforcement agencies participating in the Task Force.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2006 through 2009,
for--
(1) the establishment and operation of the United States-
Mexico Border Violence Task Force; and
(2) the investigation, apprehension, and prosecution of
individuals engaged in drug and firearms trafficking, violence,
and kidnapping along the border between the United States and
Mexico.
SEC. 1107. <<NOTE: 28 USC 534 note.>> NATIONAL GANG INTELLIGENCE CENTER.
(a) <<NOTE: Records.>> Establishment.--The Attorney General shall
establish a National Gang Intelligence Center and gang information
database to be housed at and administered by the Federal Bureau of
Investigation to collect, analyze, and disseminate gang activity
information from--
(1) the Federal Bureau of Investigation;
(2) the Bureau of Alcohol, Tobacco, Firearms, and
Explosives;
(3) the Drug Enforcement Administration;
(4) the Bureau of Prisons;
(5) the United States Marshals Service;
(6) the Directorate of Border and Transportation Security of
the Department of Homeland Security;
(7) the Department of Housing and Urban Development;
[[Page 119 STAT. 3094]]
(8) State and local law enforcement;
(9) Federal, State, and local prosecutors;
(10) Federal, State, and local probation and parole offices;
(11) Federal, State, and local prisons and jails; and
(12) any other entity as appropriate.
(b) Information.--The Center established under subsection (a) shall
make available the information referred to in subsection (a) to--
(1) Federal, State, and local law enforcement agencies;
(2) Federal, State, and local corrections agencies and penal
institutions;
(3) Federal, State, and local prosecutorial agencies; and
(4) any other entity as appropriate.
(c) Annual Report.--The Center established under subsection (a)
shall annually submit to Congress a report on gang activity.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2006
and for each fiscal year thereafter.
Subtitle B--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
CHAPTER 1--ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES
SEC. 1111. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW ENFORCEMENT BLOCK
GRANT PROGRAM.
(a) In General.--Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended as follows:
(1) Subpart 1 of such part <<NOTE: 42 USC 3751 et seq.>> (42
U.S.C. 3751-3759) is repealed.
(2) Such part is further amended--
(A) by inserting before section 500 (42 U.S.C. 3750)
the following new heading:
``Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program'';
(B) by amending section 500 to read as follows:
``SEC. 500. <<NOTE: 42 USC 3750.>> NAME OF PROGRAM.
``(a) In General.--The grant program established under this subpart
shall be known as the `Edward Byrne Memorial Justice Assistance Grant
Program'.
``(b) References to Former Programs.--(1) Any reference in a law,
regulation, document, paper, or other record of the United States to the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs, or to the Local Government Law Enforcement Block Grants
program, shall be deemed to be a reference to the grant program referred
to in subsection (a).
``(2) Any reference in a law, regulation, document, paper, or other
record of the United States to section 506 of this Act as such section
was in effect on the date of the enactment of the Department of Justice
Appropriations Authorization Act, Fiscal
[[Page 119 STAT. 3095]]
Years 2006 through 2009, shall be deemed to be a reference to section
505(a) of this Act as amended by the Department of Justice
Appropriations Authorization Act, Fiscal Years 2006 through 2009.''; and
(C) by inserting after section 500 the following new
sections:
``SEC. 501. <<NOTE: 42 USC 3751.>> DESCRIPTION.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available to carry out
this subpart, the Attorney General may, in accordance with the
formula established under section 505, make grants to States and
units of local government, for use by the State or unit of local
government to provide additional personnel, equipment, supplies,
contractual support, training, technical assistance, and
information systems for criminal justice, including for any one
or more of the following programs:
``(A) Law enforcement programs.
``(B) Prosecution and court programs.
``(C) Prevention and education programs.
``(D) Corrections and community corrections
programs.
``(E) Drug treatment and enforcement programs.
``(F) Planning, evaluation, and technology
improvement programs.
``(G) Crime victim and witness programs (other than
compensation).
``(2) Rule of construction.--Paragraph (1) shall be
construed to ensure that a grant under that paragraph may be
used for any purpose for which a grant was authorized to be used
under either or both of the programs specified in section
500(b), as those programs were in effect immediately before the
enactment of this paragraph.
``(b) Contracts and Subawards.--A State or unit of local government
may, in using a grant under this subpart for purposes authorized by
subsection (a), use all or a portion of that grant to contract with or
make one or more subawards to one or more--
``(1) neighborhood or community-based organizations that are
private and nonprofit;
``(2) units of local government; or
``(3) tribal governments.
``(c) Program Assessment Component; Waiver.--
``(1) Each program funded under this subpart shall contain a
program assessment component, developed pursuant to guidelines
established by the Attorney General, in coordination with the
National Institute of Justice.
``(2) The Attorney General may waive the requirement of
paragraph (1) with respect to a program if, in the opinion of
the Attorney General, the program is not of sufficient size to
justify a full program assessment.
``(d) Prohibited Uses.--Notwithstanding any other provision of this
Act, no funds provided under this subpart may be used, directly or
indirectly, to provide any of the following matters:
``(1) Any security enhancements or any equipment to any
nongovernmental entity that is not engaged in criminal justice
or public safety.
``(2) Unless the Attorney General certifies that
extraordinary and exigent circumstances exist that make the use
of
[[Page 119 STAT. 3096]]
such funds to provide such matters essential to the maintenance
of public safety and good order--
``(A) vehicles (excluding police cruisers), vessels
(excluding police boats), or aircraft (excluding police
helicopters);
``(B) luxury items;
``(C) real estate;
``(D) construction projects (other than penal or
correctional institutions); or
``(E) any similar matters.
``(e) Administrative Costs.--Not more than 10 percent of a grant
made under this subpart may be used for costs incurred to administer
such grant.
``(f) Period.--The period of a grant made under this subpart shall
be four years, except that renewals and extensions beyond that period
may be granted at the discretion of the Attorney General.
``(g) Rule of Construction.--Subparagraph (d)(1) shall not be
construed to prohibit the use, directly or indirectly, of funds provided
under this subpart to provide security at a public event, such as a
political convention or major sports event, so long as such security is
provided under applicable laws and procedures.
``SEC. 502. <<NOTE: 42 USC 3752.>> APPLICATIONS.
``To <<NOTE: Deadline.>> request a grant under this subpart, the
chief executive officer of a State or unit of local government shall
submit an application to the Attorney General within 90 days after the
date on which funds to carry out this subpart are appropriated for a
fiscal year, in such form as the Attorney General may require. Such
application shall include the following:
``(1) <<NOTE: Certification.>> A certification that Federal
funds made available under this subpart will not be used to
supplant State or local funds, but will be used to increase the
amounts of such funds that would, in the absence of Federal
funds, be made available for law enforcement activities.
``(2) An assurance that, not fewer than 30 days before the
application (or any amendment to the application) was submitted
to the Attorney General, the application (or amendment) was
submitted for review to the governing body of the State or unit
of local government (or to an organization designated by that
governing body).
``(3) <<NOTE: Public notice and comment.>> An assurance
that, before the application (or any amendment to the
application) was submitted to the Attorney General--
``(A) the application (or amendment) was made
public; and
``(B) an opportunity to comment on the application
(or amendment) was provided to citizens and to
neighborhood or community-based organizations, to the
extent applicable law or established procedure makes
such an opportunity available.
``(4) <<NOTE: Records.>> An assurance that, for each fiscal
year covered by an application, the applicant shall maintain and
report such data, records, and information (programmatic and
financial) as the Attorney General may reasonably require.
``(5) <<NOTE: Certification.>> A certification, made in a
form acceptable to the Attorney General and executed by the
chief executive officer
[[Page 119 STAT. 3097]]
of the applicant (or by another officer of the applicant, if
qualified under regulations promulgated by the Attorney
General), that--
``(A) the programs to be funded by the grant meet
all the requirements of this subpart;
``(B) all the information contained in the
application is correct;
``(C) there has been appropriate coordination with
affected agencies; and
``(D) the applicant will comply with all provisions
of this subpart and all other applicable Federal laws.
``SEC. 503. <<NOTE: 42 USC 3753.>> REVIEW OF APPLICATIONS.
``The Attorney General shall not finally disapprove any application
(or any amendment to that application) submitted under this subpart
without first affording the applicant reasonable notice of any
deficiencies in the application and opportunity for correction and
reconsideration.
``SEC. 504. <<NOTE: 42 USC 3754.>> RULES.
``The Attorney General shall issue rules to carry out this
subpart. <<NOTE: Deadline.>> The first such rules shall be issued not
later than one year after the date on which amounts are first made
available to carry out this subpart.
``SEC. 505. <<NOTE: 42 USC 3755.>> FORMULA.
``(a) Allocation Among States.--
``(1) In general.--Of the total amount appropriated for this
subpart, the Attorney General shall, except as provided in
paragraph (2), allocate--
``(A) 50 percent of such remaining amount to each
State in amounts that bear the same ratio of--
``(i) the total population of a State to--
``(ii) the total population of the United
States; and
``(B) 50 percent of such remaining amount to each
State in amounts that bear the same ratio of--
``(i) the average annual number of part 1
violent crimes of the Uniform Crime Reports of the
Federal Bureau of Investigation reported by such
State for the three most recent years reported by
such State to--
``(ii) the average annual number of such
crimes reported by all States for such years.
``(2) Minimum allocation.--If carrying out paragraph (1)
would result in any State receiving an allocation less than 0.25
percent of the total amount (in this paragraph referred to as a
`minimum allocation State'), then paragraph (1), as so carried
out, shall not apply, and the Attorney General shall instead--
``(A) allocate 0.25 percent of the total amount to
each State; and
``(B) using the amount remaining after carrying out
subparagraph (A), carry out paragraph (1) in a manner
that excludes each minimum allocation State, including
the population of and the crimes reported by such State.
``(b) Allocation Between States and Units of Local Government.--Of
the amounts allocated under subsection (a)--
[[Page 119 STAT. 3098]]
``(1) 60 percent shall be for direct grants to States, to be
allocated under subsection (c); and
``(2) 40 percent shall be for grants to be allocated under
subsection (d).
``(c) Allocation for State Governments.--
``(1) In general.--Of the amounts allocated under subsection
(b)(1), each State may retain for the purposes described in
section 501 an amount that bears the same ratio of--
``(A) total expenditures on criminal justice by the
State government in the most recently completed fiscal
year to--
``(B) the total expenditure on criminal justice by
the State government and units of local government
within the State in such year.
``(2) Remaining amounts.--Except as provided in subsection
(e)(1), any amounts remaining after the allocation required by
paragraph (1) shall be made available to units of local
government by the State for the purposes described in section
501.
``(d) Allocations to Local Governments.--
``(1) <<NOTE: Grants.>> In general.--Of the amounts
allocated under subsection (b)(2), grants for the purposes
described in section 501 shall be made directly to units of
local government within each State in accordance with this
subsection, subject to subsection (e).
``(2) Allocation.--
``(A) In general.--From the amounts referred to in
paragraph (1) with respect to a State (in this
subsection referred to as the `local amount'), the
Attorney General shall allocate to each unit of local
government an amount which bears the same ratio to such
share as the average annual number of part 1 violent
crimes reported by such unit to the Federal Bureau of
Investigation for the 3 most recent calendar years for
which such data is available bears to the number of part
1 violent crimes reported by all units of local
government in the State in which the unit is located to
the Federal Bureau of Investigation for such years.
``(B) Transitional rule.--Notwithstanding
subparagraph (A), for fiscal years 2006, 2007, and 2008,
the Attorney General shall allocate the local amount to
units of local government in the same manner that, under
the Local Government Law Enforcement Block Grants
program in effect immediately before the date of the
enactment of this section, the reserved amount was
allocated among reporting and nonreporting units of
local government.
``(3) Annexed units.--If a unit of local government in the
State has been annexed since the date of the collection of the
data used by the Attorney General in making allocations pursuant
to this section, the Attorney General shall pay the amount that
would have been allocated to such unit of local government to
the unit of local government that annexed it.
``(4) Resolution of disparate allocations.--(A)
Notwithstanding any other provision of this subpart, if--
``(i) <<NOTE: Certification.>> the Attorney General
certifies that a unit of local government bears more
than 50 percent of the costs of prosecution or
incarceration that arise with respect to part
[[Page 119 STAT. 3099]]
1 violent crimes reported by a specified geographically
constituent unit of local government; and
``(ii) but for this paragraph, the amount of funds
allocated under this section to--
``(I) any one such specified geographically
constituent unit of local government exceeds 150
percent of the amount allocated to the unit of
local government certified pursuant to clause (i);
or
``(II) more than one such specified
geographically constituent unit of local
government exceeds 400 percent of the amount
allocated to the unit of local government
certified pursuant to clause (i),
then in order to qualify for payment under this subsection, the
unit of local government certified pursuant to clause (i),
together with any such specified geographically constituent
units of local government described in clause (ii), shall submit
to the Attorney General a joint application for the aggregate of
funds allocated to such units of local government. Such
application shall specify the amount of such funds that are to
be distributed to each of the units of local government and the
purposes for which such funds are to be used. The units of local
government involved may establish a joint local advisory board
for the purposes of carrying out this paragraph.
``(B) In this paragraph, the term `geographically
constituent unit of local government' means a unit of local
government that has jurisdiction over areas located within the
boundaries of an area over which a unit of local government
certified pursuant to clause (i) has jurisdiction.
``(e) Limitation on Allocations to Units of Local Government.--
``(1) Maximum allocation.--No unit of local government shall
receive a total allocation under this section that exceeds such
unit's total expenditures on criminal justice services for the
most recently completed fiscal year for which data are
available. Any amount in excess of such total expenditures shall
be allocated proportionally among units of local government
whose allocations under this section do not exceed their total
expenditures on such services.
``(2) Allocations under $10,000.--If the allocation under
this section to a unit of local government is less than $10,000
for any fiscal year, the direct grant to the State under
subsection (c) shall be increased by the amount of such
allocation, to be distributed (for the purposes described in
section 501) among State police departments that provide
criminal justice services to units of local government and units
of local government whose allocation under this section is less
than $10,000.
``(3) Non-reporting units.--No allocation under this section
shall be made to a unit of local government that has not
reported at least three years of data on part 1 violent crimes
of the Uniform Crime Reports to the Federal Bureau of
Investigation within the immediately preceding 10 years.
``(f) Funds Not Used by the State.--If the Attorney General
determines, on the basis of information available during any grant
period, that any allocation (or portion thereof) under this section to a
State for such grant period will not be required, or that a State will
be unable to qualify or receive funds under this subpart, or that a
State chooses not to participate in the program established
[[Page 119 STAT. 3100]]
under this subpart, then such State's allocation (or portion thereof)
shall be awarded by the Attorney General to units of local government,
or combinations thereof, within such State, giving priority to those
jurisdictions with the highest annual number of part 1 violent crimes of
the Uniform Crime Reports reported by the unit of local government to
the Federal Bureau of Investigation for the three most recent calendar
years for which such data are available.
``(g) Special Rules for Puerto Rico.--
``(1) <<NOTE: Grants.>> All funds set aside for commonwealth
government.--Notwithstanding any other provision of this
subpart, the amounts allocated under subsection (a) to Puerto
Rico, 100 percent shall be for direct grants to the Commonwealth
government of Puerto Rico.
``(2) No local allocations.--Subsections (c) and (d) shall
not apply to Puerto Rico.
``(h) Units of Local Government in Louisiana.--In carrying out this
section with respect to the State of Louisiana, the term `unit of local
government' means a district attorney or a parish sheriff.
``SEC. 506. <<NOTE: 42 USC 3756.>> RESERVED FUNDS.
``(a) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General shall reserve not more than--
``(1) $20,000,000, for use by the National Institute of
Justice in assisting units of local government to identify,
select, develop, modernize, and purchase new technologies for
use by law enforcement, of which $1,000,000 shall be for use by
the Bureau of Justice Statistics to collect data necessary for
carrying out this subpart; and
``(2) $20,000,000, to be granted by the Attorney General to
States and units of local government to develop and implement
antiterrorism training programs.
``(b) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General may reserve not more than 5
percent, to be granted to 1 or more States or units of local government,
for 1 or more of the purposes specified in section 501, pursuant to his
determination that the same is necessary--
``(1) to combat, address, or otherwise respond to
precipitous or extraordinary increases in crime, or in a type or
types of crime; or
``(2) to prevent, compensate for, or mitigate significant
programmatic harm resulting from operation of the formula
established under section 505.
``SEC. 507. <<NOTE: 42 USC 3757.>> INTEREST-BEARING TRUST FUNDS.
``(a) Trust Fund Required.--A State or unit of local government
shall establish a trust fund in which to deposit amounts received under
this subpart.
``(b) Expenditures.--
``(1) In general.--Each amount received under this subpart
(including interest on such amount) shall be expended before the
date on which the grant period expires.
``(2) <<NOTE: Deadline.>> Repayment.--A State or unit of
local government that fails to expend an entire amount
(including interest on such
[[Page 119 STAT. 3101]]
amount) as required by paragraph (1) shall repay the unexpended
portion to the Attorney General not later than 3 months after
the date on which the grant period expires.
``(3) Reduction of future amounts.--If a State or unit of
local government fails to comply with paragraphs (1) and (2),
the Attorney General shall reduce amounts to be provided to that
State or unit of local government accordingly.
``(c) Repaid Amounts.--Amounts received as repayments under this
section shall be subject to section 108 of this title as if such amounts
had not been granted and repaid. Such amounts shall be deposited in the
Treasury in a dedicated fund for use by the Attorney General to carry
out this subpart. Such funds are hereby made available to carry out this
subpart.
``SEC. 508. <<NOTE: 42 USC 3758.>> AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this subpart
$1,095,000,000 for fiscal year 2006 and such sums as may be necessary
for each of fiscal years 2007 through 2009.''.
(b) Repeals of Certain Authorities Relating to Byrne Grants.--
(1) Discretionary grants to public and private entities.--
Chapter A of subpart 2 of Part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3760-3762) is
repealed.
(2) Targeted grants to curb motor vehicle theft.--Subtitle B
of title I of the Anti Car Theft Act of 1992 (42 U.S.C. 3750a-
3750d) is repealed.
(c) Conforming Amendments.--
(1) Crime identification technology act.--Subsection
(c)(2)(G) of section 102 of the Crime Identification Technology
Act of 1998 (42 U.S.C. 14601) is amended by striking ``such as''
and all that follows through ``the M.O.R.E. program'' and
inserting ``such as the Edward Byrne Justice Assistance Grant
Program and the M.O.R.E. program''.
(2) Safe streets act.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(A) in section 517 (42 U.S.C. 3763), in subsection
(a)(1), by striking ``pursuant to section 511 or 515''
and inserting ``pursuant to section 515'';
(B) in section 520 (42 U.S.C. 3766)--
(i) in subsection (a)(1), by striking ``the
program evaluations as required by section 501(c)
of this part'' and inserting ``program
evaluations'';
(ii) in subsection (a)(2), by striking
``evaluations of programs funded under section 506
(formula grants) and sections 511 and 515
(discretionary grants) of this part'' and
inserting ``evaluations of programs funded under
section 505 (formula grants) and section 515
(discretionary grants) of this part''; and
(iii) in subsection (b)(2), by striking
``programs funded under section 506 (formula
grants) and section 511 (discretionary grants)''
and inserting ``programs funded under section 505
(formula grants)'';
(C) in section 522 (42 U.S.C. 3766b)--
(i) in subsection (a), in the matter preceding
paragraph (1), by striking ``section 506'' and
inserting ``section 505''; and
[[Page 119 STAT. 3102]]
(ii) in subsection (a)(1), by striking ``an
assessment of the impact of such activities on
meeting the needs identified in the State strategy
submitted under section 503'' and inserting ``an
assessment of the impact of such activities on
meeting the purposes of subpart 1'';
(D) in section 801(b) (42 U.S.C. 3782(b)), in the
matter following paragraph (5)--
(i) by striking ``the purposes of section 501
of this title'' and inserting ``the purposes of
such subpart 1''; and
(ii) <<NOTE: Reports.>> by striking ``the
application submitted pursuant to section 503 of
this title.'' and inserting ``the application
submitted pursuant to section 502 of this title.
Such report shall include details identifying each
applicant that used any funds to purchase any
cruiser, boat, or helicopter and, with respect to
such applicant, specifying both the amount of
funds used by such applicant for each purchase of
any cruiser, boat, or helicopter and a
justification of each such purchase (and the
Bureau of Justice Assistance shall submit to the
Committee of the Judiciary of the House of
Representatives and the Committee of the Judiciary
of the Senate, promptly after preparation of such
report a written copy of the portion of such
report containing the information required by this
sentence).'';
(E) in section 808 (42 U.S.C. 3789), by striking
``the State office described in section 507 or 1408''
and inserting ``the State office responsible for the
trust fund required by section 507, or the State office
described in section 1408,'';
(F) in section 901 (42 U.S.C. 3791), in subsection
(a)(2), by striking ``for the purposes of section
506(a)'' and inserting ``for the purposes of section
505(a)'';
(G) in section 1502 (42 U.S.C. 3796bb-1)--
(i) in paragraph (1), by striking ``section
506(a)'' and inserting ``section 505(a)'';
(ii) in paragraph (2)--
(I) by striking ``section 503(a)''
and inserting ``section 502''; and
(II) by striking ``section 506'' and
inserting ``section 505'';
(H) in section 1602 (42 U.S.C. 3796cc-1), in
subsection (b), by striking ``The office designated
under section 507 of title I'' and inserting ``The
office responsible for the trust fund required by
section 507'';
(I) in section 1702 (42 U.S.C. 3796dd-1), in
subsection (c)(1), by striking ``and reflects
consideration of the statewide strategy under section
503(a)(1)''; and
(J) in section 1902 (42 U.S.C. 3796ff-1), in
subsection (e), by striking ``The Office designated
under section 507'' and inserting ``The office
responsible for the trust fund required by section
507''.
(d) <<NOTE: 42 USC 3750 note.>> Applicability.--The amendments made
by this section shall apply with respect to the first fiscal year
beginning after the date of the enactment of this Act and each fiscal
year thereafter.
[[Page 119 STAT. 3103]]
SEC. 1112. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE SELECTED IN
A GIVEN YEAR TO RECEIVE PUBLIC SAFETY OFFICER MEDAL OF
VALOR.
Section 3(c) of the Public Safety Officer Medal of Valor Act of 2001
(42 U.S.C. 15202(c)) is amended by striking ``more than 5 recipients''
and inserting ``more than 5 individuals, or groups of individuals, as
recipients''.
SEC. 1113. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY ATTORNEY GENERAL
IN CONSIDERING APPLICATION FOR EMERGENCY FEDERAL LAW
ENFORCEMENT ASSISTANCE.
Section 609M(b) of the Justice Assistance Act of 1984 (42 U.S.C.
10501(b)) is amended by striking ``the Director of the Office of Justice
Assistance'' and inserting ``the Assistant Attorney General for the
Office of Justice Programs''.
SEC. 1114. CLARIFICATION OF USES FOR REGIONAL INFORMATION SHARING SYSTEM
GRANTS.
Section 1301(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796h(b)), as most recently amended by section 701 of
the USA PATRIOT Act (Public Law 107-56; 115 Stat. 374), is amended--
(1) in paragraph (1), by inserting ``regional'' before
``information sharing systems'';
(2) by amending paragraph (3) to read as follows:
``(3) establishing and maintaining a secure
telecommunications system for regional information sharing
between Federal, State, tribal, and local law enforcement
agencies;''; and
(3) by striking ``(5)'' at the end of paragraph (4).
SEC. 1115. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL RECORD
DATABASES.
(a) Duties of Director.--Section 302 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
(1) in subsection (b), by inserting after the third sentence
the following new sentence: ``The Director shall be responsible
for the integrity of data and statistics and shall protect
against improper or illegal use or disclosure.'';
(2) by amending paragraph (19) of subsection (c) to read as
follows:
``(19) provide for improvements in the accuracy, quality,
timeliness, immediate accessibility, and integration of State
criminal history and related records, support the development
and enhancement of national systems of criminal history and
related records including the National Instant Criminal
Background Check System, the National Incident-Based Reporting
System, and the records of the National Crime Information
Center, facilitate State participation in national records and
information systems, and support statistical research for
critical analysis of the improvement and utilization of criminal
history records;''; and
(3) in subsection (d)--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following:
[[Page 119 STAT. 3104]]
``(6) confer and cooperate with Federal statistical agencies
as needed to carry out the purposes of this part, including by
entering into cooperative data sharing agreements in conformity
with all laws and regulations applicable to the disclosure and
use of data.''.
(b) Use of Data.--Section 304 of such Act (42 U.S.C. 3735) is
amended by striking ``particular individual'' and inserting ``private
person or public agency''.
(c) Confidentiality of Information.--Section 812(a) of such Act (42
U.S.C. 3789g(a)) is amended by striking ``Except as provided by Federal
law other than this title, no'' and inserting ``No''.
SEC. 1116. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR
VESTS.
Section 1001(a)(23) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking
``2007'' and inserting ``2009''.
CHAPTER 2--BUILDING COMMUNITY CAPACITY TO PREVENT, REDUCE, AND CONTROL
CRIME
SEC. 1121. OFFICE OF WEED AND SEED STRATEGIES.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by inserting after section 102 (42
U.S.C. 3712) the following new sections:
``SEC. 103. <<NOTE: 42 USC 3712a.>> OFFICE OF WEED AND SEED STRATEGIES.
``(a) Establishment.--There is established within the Office an
Office of Weed and Seed Strategies, headed by a Director appointed by
the Attorney General.
``(b) Assistance.--The Director may assist States, units of local
government, and neighborhood and community-based organizations in
developing Weed and Seed strategies, as provided in section 104.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000 for fiscal year 2006,
and such sums as may be necessary for each of fiscal years 2007, 2008,
and 2009, to remain available until expended.
``SEC. 104. <<NOTE: 42 USC 3712b.>> WEED AND SEED STRATEGIES.
``(a) In General.--From amounts made available under section 103(c),
the Director of the Office of Weed and Seed Strategies may implement
strategies, to be known as Weed and Seed strategies, to prevent,
control, and reduce violent crime, criminal drug-related activity, and
gang activity in designated Weed-and-Seed communities. Each such
strategy shall involve both of the following activities:
``(1) Weeding.--Activities, to be known as Weeding
activities, which shall include promoting and coordinating a
broad spectrum of community efforts (especially those of law
enforcement agencies and prosecutors) to arrest, and to sanction
or incarcerate, persons in that community who participate or
engage in violent crime, criminal drug-related activity, and
other crimes that threaten the quality of life in that
community.
``(2) Seeding.--Activities, to be known as Seeding
activities, which shall include promoting and coordinating a
broad spectrum of community efforts (such as drug abuse
education, mentoring, and employment counseling) to provide--
[[Page 119 STAT. 3105]]
``(A) human services, relating to prevention,
intervention, or treatment, for at-risk individuals and
families; and
``(B) community revitalization efforts, including
enforcement of building codes and development of the
economy.
``(b) Guidelines.--The Director shall issue guidelines for the
development and implementation of Weed and Seed strategies under this
section. The guidelines shall ensure that the Weed and Seed strategy for
a community referred to in subsection (a) shall--
``(1) be planned and implemented through and under the
auspices of a steering committee, properly established in the
community, comprised of--
``(A) in a voting capacity, representatives of--
``(i) appropriate law enforcement agencies;
and
``(ii) other public and private agencies, and
neighborhood and community-based organizations,
interested in criminal justice and community-based
development and revitalization in the community;
and
``(B) in a voting capacity, both--
``(i) the Drug Enforcement Administration's
special agent in charge for the jurisdiction
encompassing the community; and
``(ii) the United States Attorney for the
District encompassing the community;
``(2) describe how law enforcement agencies, other public
and private agencies, neighborhood and community-based
organizations, and interested citizens are to cooperate in
implementing the strategy; and
``(3) incorporate a community-policing component that shall
serve as a bridge between the Weeding activities under
subsection (a)(1) and the Seeding activities under subsection
(a)(2).
``(c) Designation.--For a community to be designated as a Weed-and-
Seed community for purposes of subsection (a)--
``(1) the United States Attorney for the District
encompassing the community must certify to the Director that--
``(A) the community suffers from consistently high
levels of crime or otherwise is appropriate for such
designation;
``(B) the Weed and Seed strategy proposed, adopted,
or implemented by the steering committee has a high
probability of improving the criminal justice system
within the community and contains all the elements
required by the Director; and
``(C) the steering committee is capable of
implementing the strategy appropriately; and
``(2) the community must agree to formulate a timely and
effective plan to independently sustain the strategy (or, at a
minimum, a majority of the best practices of the strategy) when
assistance under this section is no longer available.
``(d) Application.--An application for designation as a Weed-and-
Seed community for purposes of subsection (a) shall be submitted to the
Director by the steering committee of the community in such form, and
containing such information and assurances, as the Director may require.
The application shall propose--
``(1) a sustainable Weed and Seed strategy that includes--
[[Page 119 STAT. 3106]]
``(A) the active involvement of the United States
Attorney for the District encompassing the community,
the Drug Enforcement Administration's special agent in
charge for the jurisdiction encompassing the community,
and other Federal law enforcement agencies operating in
the vicinity;
``(B) a significant community-oriented policing
component; and
``(C) demonstrated coordination with complementary
neighborhood and community-based programs and
initiatives; and
``(2) a methodology with outcome measures and specific
objective indicia of performance to be used to evaluate the
effectiveness of the strategy.
``(e) Grants.--
``(1) In general.--In implementing a strategy for a
community under subsection (a), the Director may make grants to
that community.
``(2) Uses.--For each grant under this subsection, the
community receiving that grant may not use any of the grant
amounts for construction, except that the Assistant Attorney
General may authorize use of grant amounts for incidental or
minor construction, renovation, or remodeling.
``(3) Limitations.--A community may not receive grants under
this subsection (or fall within such a community)--
``(A) for a period of more than 10 fiscal years;
``(B) for more than 5 separate fiscal years, except
that the Assistant Attorney General may, in single
increments and only upon a showing of extraordinary
circumstances, authorize grants for not more than 3
additional separate fiscal years; or
``(C) in an aggregate amount of more than
$1,000,000, except that the Assistant Attorney General
may, upon a showing of extraordinary circumstances,
authorize grants for not more than an additional
$500,000.
``(4) Distribution.--In making grants under this subsection,
the Director shall ensure that--
``(A) to the extent practicable, the distribution of
such grants is geographically equitable and includes
both urban and rural areas of varying population and
area; and
``(B) priority is given to communities that clearly
and effectively coordinate crime prevention programs
with other Federal programs in a manner that addresses
the overall needs of such communities.
``(5) Federal share.--(A) Subject to subparagraph (B), the
Federal share of a grant under this subsection may not exceed 75
percent of the total costs of the projects described in the
application for which the grant was made.
``(B) The requirement of subparagraph (A)--
``(i) may be satisfied in cash or in kind; and
``(ii) may be waived by the Assistant Attorney
General upon a determination that the financial
circumstances affecting the applicant warrant a finding
that such a waiver is equitable.
``(6) Supplement, not supplant.--To receive a grant under
this subsection, the applicant must provide assurances that the
amounts received under the grant shall be used to supplement,
not supplant, non-Federal funds that would otherwise
[[Page 119 STAT. 3107]]
be available for programs or services provided in the community.
``SEC. 105. <<NOTE: 42 USC 3712c.>> INCLUSION OF INDIAN TRIBES.
``For purposes of sections 103 and 104, the term `State' includes an
Indian tribal government.''.
(b) <<NOTE: 42 USC 3712a note.>> Abolishment of Executive Office of
Weed and Seed; Transfers of Functions.--
(1) Abolishment.--The Executive Office of Weed and Seed is
abolished.
(2) Transfer.--There are hereby transferred to the Office of
Weed and Seed Strategies all functions and activities performed
immediately before the date of the enactment of this Act by the
Executive Office of Weed and Seed Strategies.
(c) <<NOTE: 42 USC 3712a note.>> Effective Date.--This section and
the amendments made by this section take effect 90 days after the date
of the enactment of this Act.
CHAPTER 3--ASSISTING VICTIMS OF CRIME
SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE OUTREACH
SERVICES TO VICTIMS OF CRIME.
Section 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)), as most recently amended by section 623 of the USA PATRIOT
Act (Public Law 107-56; 115 Stat. 372), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking the comma after ``Director'';
(B) in subparagraph (A), by striking ``and'' at the
end;
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(C) for nonprofit neighborhood and community-based victim
service organizations and coalitions to improve outreach and
services to victims of crime.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``paragraph (1)(A)'' and
inserting ``paragraphs (1)(A) and (1)(C)''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) not more than $10,000 shall be used for any single
grant under paragraph (1)(C).''.
SEC. 1132. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES RELATING
TO CRIME VICTIMS FUND.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601)
is amended as follows:
(1) Authority to accept gifts.--Subsection (b)(5) of such
section is amended by striking the period at the end and
inserting the following: ``, which the Director is hereby
authorized to accept for deposit into the Fund, except that the
Director is not hereby authorized to accept any such gift,
bequest, or donation that--
[[Page 119 STAT. 3108]]
``(A) attaches conditions inconsistent with
applicable laws or regulations; or
``(B) is conditioned upon or would require the
expenditure of appropriated funds that are not available
to the Office for Victims of Crime.''.
(2) Authority to replenish antiterrorism emergency
reserve.--Subsection (d)(5)(A) of such section is amended by
striking ``expended'' and inserting ``obligated''.
(3) Authority to make grants to indian tribes for victim
assistance programs.--Subsection (g) of such section is
amended--
(A) in paragraph (1), by striking ``, acting through
the Director,'';
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) The Attorney General may use 5 percent of the funds available
under subsection (d)(2) (prior to distribution) for grants to Indian
tribes to establish child victim assistance programs, as appropriate.''.
SEC. 1133. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE USED BY
STATE FOR TRAINING PURPOSES.
(a) Crime Victim Compensation.--Section 1403(a)(3) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended by inserting after
``may be used for'' the following: ``training purposes and''.
(b) Crime Victim Assistance.--Section 1404(b)(3) of such Act (42
U.S.C. 10603(b)(3)) is amended by inserting after ``may be used for''
the following: ``training purposes and''.
SEC. 1134. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST
WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS.
(a) Clarification of State Grants.--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)(3)(A), by striking ``police'' and
inserting ``law enforcement''; and
(2) in subsection (d)--
(A) in the second sentence, by inserting after
``each application'' the following: ``submitted by a
State''; and
(B) in the third sentence, by striking ``An
application'' and inserting ``In addition, each
application submitted by a State or tribal government''.
(b) Change From Annual to Biennial Reporting.--Section 2009(b) of
such Act (42 U.S.C. 3796gg-3) is amended by striking ``Not later than''
and all that follows through ``the Attorney General shall submit'' and
inserting the following: ``Not later than one month after the end of
each even-numbered fiscal year, the Attorney General shall submit''.
SEC. 1135. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.
(a) Stalking and Domestic Violence.--Section 40610 of the Violence
Against Women Act of 1994 (title IV of the Violent Crime Control and Law
Enforcement Act of 1994; 42 U.S.C. 14039) is
[[Page 119 STAT. 3109]]
amended by striking ``The Attorney General shall submit to the Congress
an annual report, beginning one year after the date of the enactment of
this Act, that provides'' and inserting ``Each even-numbered fiscal
year, the Attorney General shall submit to the Congress a biennial
report that provides''.
(b) Safe Havens for Children.--Subsection 1301(d)(l) of the Victims
of Trafficking and Violence Protection Act of 2000 (42 U.S.C.
10420(d)(l)) is amended in the matter preceding subparagraph (A) by
striking ``Not later than 1 year after the last day of the first fiscal
year commencing on or after the date of enactment of this Act, and not
later than 180 days after the last day of each fiscal year thereafter,''
and inserting ``Not later than 1 month after the end of each even-
numbered fiscal year,''.
(c) Stop Violence Against Women Formula Grants.--Subsection 2009(b)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-3), is amended by striking ``Not later than'' and all that
follows through ``the Attorney General shall submit'' and inserting the
following: ``Not later than 1 month after the end of each even-numbered
fiscal year, the Attorney General shall submit''.
(d) Grants to Combat Violent Crimes Against Women on Campus.--
Subsection 826(d)(3) of the Higher Education Amendments Act of 1998 (20
U.S.C. 1152 (d)(3)) is amended by striking from ``Not'' through and
including ``under this section'' and inserting ``Not later than 1 month
after the end of each even-numbered fiscal year''.
(e) Transitional Housing Assistance Grants for Child Victims of
Domestic Violence, Stalking, or Sexual Assault.--Subsection 40299(f) of
the Violence Against Women Act of 1994 (42 U.S.C. 13975(f)) is amended
by striking ``shall annually prepare and submit to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate a report that contains a compilation of the
information contained in the report submitted under subsection (e) of
this section.'' and inserting ``shall prepare and submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted under
subsection (e) of this section not later than one month after the end of
each even-numbered fiscal year.''.
SEC. 1136. <<NOTE: 42 USC 3743.>> GRANTS FOR YOUNG WITNESS ASSISTANCE.
(a) In General.--The Attorney General, acting through the Bureau of
Justice Assistance, may make grants to State and local prosecutors and
law enforcement agencies in support of juvenile and young adult witness
assistance programs.
(b) Use of Funds.--Grants made available under this section may be
used--
(1) to assess the needs of juvenile and young adult
witnesses;
(2) to develop appropriate program goals and objectives; and
(3) to develop and administer a variety of witness
assistance services, which includes--
(A) counseling services to young witnesses dealing
with trauma associated in witnessing a violent crime;
[[Page 119 STAT. 3110]]
(B) pre- and post-trial assistance for the youth and
their family;
(C) providing education services if the child is
removed from or changes their school for safety
concerns;
(D) protective services for young witnesses and
their families when a serious threat of harm from the
perpetrators or their associates is made; and
(E) community outreach and school-based initiatives
that stimulate and maintain public awareness and
support.
(c) Definitions.--In this section:
(1) The term ``juvenile'' means an individual who is age 17
or younger.
(2) The term ``young adult'' means an individual who is age
21 or younger but not a juvenile.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2006 through 2009.
CHAPTER 4--PREVENTING CRIME
SEC. 1141. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER FOR PURPOSES
OF JUVENILE DRUG COURTS.
Section 2953(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797u-2(b)) is amended in the matter preceding paragraph
(1) by striking ``an offense that'' and inserting ``a felony-level
offense that''.
SEC. 1142. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS FOR DRUG
COURTS.
(a) Minimum Allocation Repealed.--Section 2957 of such Act (42
U.S.C. 3797u-6) is amended by striking subsection (b) and inserting the
following:
``(b) Technical Assistance and Training.--Unless one or more
applications submitted by any State or unit of local government within
such State (other than an Indian tribe) for a grant under this part has
been funded in any fiscal year, such State, together with eligible
applicants within such State, shall be provided targeted technical
assistance and training by the Community Capacity Development Office to
assist such State and such eligible applicants to successfully compete
for future funding under this part, and to strengthen existing State
drug court systems. In providing such technical assistance and training,
the Community Capacity Development Office shall consider and respond to
the unique needs of rural States, rural areas and rural communities.''.
(b) Authorization of Appropriations.--Section 1001(25)(A) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(25)(A)) is amended by adding at the end the following:
``(v) $70,000,000 for each of fiscal years
2007 and 2008.''.
[[Page 119 STAT. 3111]]
SEC. 1143. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS PROGRAM
EXTENDED TO COURTS THAT SUPERVISE NON-OFFENDERS WITH
SUBSTANCE ABUSE PROBLEMS.
Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is amended by
striking ``offenders with substance abuse problems'' and inserting
``offenders, and other individuals under the jurisdiction of the court,
with substance abuse problems''.
SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR
LOCAL FACILITIES.
Section 1904 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796ff-3) is amended by adding at the end the following
new subsection:
``(d) Definition.--In this section, the term `residential substance
abuse treatment program' means a course of individual and group
activities, lasting between 6 and 12 months, in residential treatment
facilities set apart from the general prison population--
``(1) directed at the substance abuse problems of the
prisoners;
``(2) intended to develop the prisoner's cognitive,
behavioral, social, vocational and other skills so as to solve
the prisoner's substance abuse and other problems; and
``(3) which may include the use of pharmacotherapies, where
appropriate, that may extend beyond the treatment period.''.
SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR
STATE PRISONERS.
(a) Enhanced Drug Screenings Requirement.--Subsection (b) of section
1902 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796ff--1(b)) is amended to read as follows:
``(b) Substance Abuse Testing Requirement.--To be eligible to
receive funds under this part, a State must agree to implement or
continue to require urinalysis or other proven reliable forms of
testing, including both periodic and random testing--
``(1) of an individual before the individual enters a
residential substance abuse treatment program and during the
period in which the individual participates in the treatment
program; and
``(2) of an individual released from a residential substance
abuse treatment program if the individual remains in the custody
of the State.''.
(b) Aftercare Services Requirement.--Subsection (c) of such section
is amended--
(1) in the matter preceding paragraph (1), by striking
``eligibility for preference with after care component'' and
inserting ``aftercare services requirement''; and
(2) by amending paragraph (1) to read as follows:
``(1) To be eligible for funding under this part, a State
shall ensure that individuals who participate in the substance
abuse treatment program established or implemented with
assistance provided under this part will be provided with after
care services.''; and
(3) by adding at the end the following new paragraph:
``(4) After care services required by this subsection shall
be funded through funds provided for this part.''.
[[Page 119 STAT. 3112]]
(c) Priority for Partnerships With Community-Based Drug Treatment
Programs.--Section 1903 of such Act (42 U.S.C. 3796ff-2) is amended by
adding at the end the following new subsection:
``(e) Priority for Partnerships With Community-Based Drug Treatment
Programs.--In considering an application submitted by a State under
section 1902, the Attorney General shall give priority to an application
that involves a partnership between the State and a community-based drug
treatment program within the State.''.
SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR FEDERAL
FACILITIES.
Section 3621(e) of title 18, United States Code, is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Authorization of appropriations.--There are authorized
to carry out this subsection such sums as may be necessary for
each of fiscal years 2007 through 2011.''; and
(2) in paragraph (5)(A)--
(A) in clause (i) by striking ``and'' after the
semicolon;
(B) in clause (ii) by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(iii) which may include the use of
pharmacoptherapies, if appropriate, that may
extend beyond the treatment period;''.
CHAPTER 5--OTHER MATTERS
SEC. 1151. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.
(a) Certain Programs That Are Exempt From Paying States Interest on
Late Disbursements Also Exempted From Paying Charge to Treasury for
Untimely Disbursements.--Section 204(f) of Public Law 107-273 (116 Stat.
1776; 31 U.S.C. 6503 note) is amended--
(1) by striking ``section 6503(d)'' and inserting ``sections
3335(b) or 6503(d)''; and
(2) by striking ``section 6503'' and inserting ``sections
3335(b) or 6503''.
(b) Southwest Border Prosecutor Initiative Included Among Such
Exempted Programs.--Section 204(f) of such Act is further amended by
striking ``pursuant to section 501(a)'' and inserting ``pursuant to the
Southwest Border Prosecutor Initiative (as carried out pursuant to
paragraph (3) (117 Stat. 64) under the heading relating to Community
Oriented Policing Services of the Department of Justice Appropriations
Act, 2003 (title I of division B of Public Law 108-7), or as carried out
pursuant to any subsequent authority) or section 501(a)''.
(c) <<NOTE: Applicability. 28 USC 533 note.>> ATFE Undercover
Investigative Operations.--Section 102(b) of the Department of Justice
and Related Agencies Appropriations Act, 1993, as in effect pursuant to
section 815(d) of the Antiterrorism and Effective Death Penalty Act of
1996 shall apply with respect to the Bureau of Alcohol, Tobacco,
Firearms, and Explosives and the undercover investigative operations of
the Bureau on the same basis as such section applies with respect to any
other agency and the undercover investigative operations of such agency.
[[Page 119 STAT. 3113]]
SEC. 1152. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.
(a) Coordinate and Support Office for Victims of Crime.--Section 102
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712) is amended in subsection (a)(5) by inserting after ``the Bureau of
Justice Statistics,'' the following: ``the Office for Victims of
Crime,''.
(b) Setting Grant Conditions and Priorities.--Such section is
further amended in subsection (a)(6) by inserting ``, including placing
special conditions on all grants, and determining priority purposes for
formula grants'' before the period at the end.
SEC. 1153. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-OFFENDER
REGISTRATION LAWS.
(a) <<NOTE: 42 USC 14071 note.>> Compliance Period.--A State shall
not be treated, for purposes of any provision of law, as having failed
to comply with section 170101 (42 U.S.C. 14071) or 170102 (42 U.S.C.
14072) of the Violent Crime Control and Law Enforcement Act of 1994
until 36 months after the date of the enactment of this Act, except that
the Attorney General may grant an additional 24 months to a State that
is making good faith efforts to comply with such sections.
(b) Time for Registration of Current Address.--Subsection (a)(1)(B)
of such section 170101 is amended by striking ``unless such requirement
is terminated under'' and inserting ``for the time period specified
in''.
SEC. 1154. REPEAL OF CERTAIN PROGRAMS.
(a) Safe Streets Act Program.--The Criminal Justice Facility
Construction Pilot program (part F; 42 U.S.C. 3769-3769d) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is repealed.
(b) Violent Crime Control and Law Enforcement Act Programs.--The
following provisions of the Violent Crime Control and Law Enforcement
Act of 1994 are repealed:
(1) Local crime prevention block grant program.--Subtitle B
of title III (42 U.S.C. 13751-13758).
(2) Assistance for delinquent and at-risk youth.--Subtitle G
of title III (42 U.S.C. 13801-13802).
(3) Improved training and technical automation.--Subtitle E
of title XXI (42 U.S.C. 14151).
(4) Other state and local aid.--Subtitle F <<NOTE: 18 USC
922 note.>> of title XXI (42 U.S.C. 14161).
SEC. 1155. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.
Part H of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended as follows:
(1) Notice and hearing on denial or termination of grant.--
Section 802 (42 U.S.C. 3783) of such part is amended--
(A) by striking subsections (b) and (c); and
(B) by striking ``(a)'' before ``Whenever,''.
(2) Finality of determinations.--Section 803 (42 U.S.C.
3784) of such part is amended--
(A) by striking ``, after reasonable notice and
opportunity for a hearing,''; and
(B) by striking ``, except as otherwise provided
herein''.
[[Page 119 STAT. 3114]]
(3) Repeal of appellate court review.--Section 804 (42
U.S.C. 3785) of such part is repealed.
SEC. 1156. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME CONTROL AND
SAFE STREETS ACT OF 1968.
Section 901 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3791) is amended as follows:
(1) Indian tribe.--Subsection (a)(3)(C) of such section is
amended by striking ``(as that term is defined in section 103 of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5603))''.
(2) Combination.--Subsection (a)(5) of such section is
amended by striking ``program or project'' and inserting
``program, plan, or project''.
(3) Neighborhood or community-based organizations.--
Subsection (a)(11) of such section is amended by striking
``which'' and inserting ``, including faith-based, that''.
(4) Indian tribe; private person.--Subsection (a) of such
section is further amended--
(A) in paragraph (24) by striking ``and'' at the
end;
(B) in paragraph (25) by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(26) the term `Indian Tribe' has the meaning given the
term `Indian tribe' in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e));
and
``(27) the term `private person' means any individual
(including an individual acting in his official capacity) and
any private partnership, corporation, association, organization,
or entity (or any combination thereof).''.
SEC. 1157. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO
PRISONERS FOR HEALTH CARE ITEMS AND SERVICES.
Section 4006 of title 18, United States Code, is amended--
(1) in subsection (a) by inserting after ``The Attorney
General'' the following: ``or the Secretary of Homeland
Security, as applicable,''; and
(2) in subsection (b)(1)--
(A) by striking ``the Immigration and Naturalization
Service'' and inserting ``the Department of Homeland
Security'';
(B) by striking ``shall not exceed the lesser of the
amount'' and inserting ``shall be the amount billed, not
to exceed the amount'';
(C) by striking ``items and services'' and all that
follows through ``the Medicare program'' and inserting
``items and services under the Medicare program''; and
(D) by striking ``; or'' and all that follows
through the period at the end and inserting a period.
SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 104, as
added by section 211 of this Act, the following new section:
``SEC. 105. <<NOTE: 42 USC 3712d.>> OFFICE OF AUDIT, ASSESSMENT, AND
MANAGEMENT.
``(a) Establishment.--
[[Page 119 STAT. 3115]]
``(1) In general.--There is established within the Office an
Office of Audit, Assessment, and Management, headed by a
Director appointed by the Attorney General. In carrying out the
functions of the Office, the Director shall be subject to the
authority, direction, and control of the Attorney General. Such
authority, direction, and control may be delegated only to the
Assistant Attorney General, without redelegation.
``(2) Purpose.--The purpose of the Office shall be to carry
out and coordinate program assessments of, take actions to
ensure compliance with the terms of, and manage information with
respect to, grants under programs covered by subsection (b). The
Director shall take special conditions of the grant into account
and consult with the office that issued those conditions to
ensure appropriate compliance.
``(3) Exclusivity.--The Office shall be the exclusive
element of the Department of Justice, other than the Inspector
General, performing functions and activities for the purpose
specified in paragraph (2). <<NOTE: Government
organization.>> There are hereby transferred to the Office all
functions and activities, other than functions and activities of
the Inspector General, for such purpose performed immediately
before the date of the enactment of this Act by any other
element of the Department.
``(b) Covered Programs.--The programs referred to in subsection (a)
are the following:
``(1) The program under part Q of this title.
``(2) Any grant program carried out by the Office of Justice
Programs.
``(3) Any other grant program carried out by the Department
of Justice that the Attorney General considers appropriate.
``(c) Program Assessments Required.--
``(1) <<NOTE: Grants.>> In general.--The Director shall
select grants awarded under the programs covered by subsection
(b) and carry out program assessments on such grants. In
selecting such grants, the Director shall ensure that the
aggregate amount awarded under the grants so selected represent
not less than 10 percent of the aggregate amount of money
awarded under all such grant programs.
``(2) Relationship to nij evaluations.--This subsection does
not affect the authority or duty of the Director of the National
Institute of Justice to carry out overall evaluations of
programs covered by subsection (b), except that such Director
shall consult with the Director of the Office in carrying out
such evaluations.
``(3) Timing of program assessments.--The program assessment
required by paragraph (1) of a grant selected under paragraph
(1) shall be carried out--
``(A) not later than the end of the grant period, if
the grant period is not more than 1 year; and
``(B) at the end of each year of the grant period,
if the grant period is more than 1 year.
``(d) Compliance Actions Required.--The Director shall take such
actions to ensure compliance with the terms of a grant as the Director
considers appropriate with respect to each grant that the Director
determines (in consultation with the head of the element of the
Department of Justice concerned), through a program
[[Page 119 STAT. 3116]]
assessment under subsection (a) or other means, is not in compliance
with such terms. In the case of a misuse of more than 1 percent of the
grant amount concerned, the Director shall, in addition to any other
action to ensure compliance that the Director considers appropriate,
ensure that the entity responsible for such misuse ceases to receive any
funds under any program covered by subsection (b) until such entity
repays to the Attorney General an amount equal to the amounts misused.
The Director may, in unusual circumstances, grant relief from this
requirement to ensure that an innocent party is not punished.
``(e) <<NOTE: Establishment.>> Grant Management System.--The
Director shall establish and maintain, in consultation with the chief
information officer of the Office, a modern, automated system for
managing all information relating to the grants made under the programs
covered by subsection (b).
``(f) Availability of Funds.--Not to exceed 3 percent of all funding
made available for a fiscal year for the programs covered by subsection
(b) shall be reserved for the Office of Audit, Assessment and Management
for the activities authorized by this section.''.
(b) <<NOTE: 42 USC 3712d note.>> Effective Date.--This section and
the amendment made by this section take effect 90 days after the date of
the enactment of this Act.
SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 105, as
added by section 248 of this Act, the following new section:
``SEC. 106. <<NOTE: 42 USC 3712e.>> COMMUNITY CAPACITY DEVELOPMENT
OFFICE.
``(a) Establishment.--
``(1) In general.--There is established within the Office a
Community Capacity Development Office, headed by a Director
appointed by the Attorney General. In carrying out the functions
of the Office, the Director shall be subject to the authority,
direction, and control of the Attorney General. Such authority,
direction, and control may be delegated only to the Assistant
Attorney General, without redelegation.
``(2) Purpose.--The purpose of the Office shall be to
provide training to actual and prospective participants under
programs covered by section 105(b) to assist such participants
in understanding the substantive and procedural requirements for
participating in such programs.
``(3) Exclusivity.--The Office shall be the exclusive
element of the Department of Justice performing functions and
activities for the purpose specified in paragraph
(2). <<NOTE: Government organization.>> There are hereby
transferred to the Office all functions and activities for such
purpose performed immediately before the date of the enactment
of this Act by any other element of the Department. This does
not preclude a grant-making office from providing specialized
training and technical assistance in its area of expertise.
``(b) Means.--The Director shall, in coordination with the heads of
the other elements of the Department, carry out the purpose of the
Office through the following means:
``(1) Promoting coordination of public and private efforts
and resources within or available to States, units of local
government, and neighborhood and community-based organizations.
[[Page 119 STAT. 3117]]
``(2) Providing information, training, and technical
assistance.
``(3) Providing support for inter- and intra-agency task
forces and other agreements and for assessment of the
effectiveness of programs, projects, approaches, or practices.
``(4) Providing in the assessment of the effectiveness of
neighborhood and community-based law enforcement and crime
prevention strategies and techniques, in coordination with the
National Institute of Justice.
``(5) Any other similar means.
``(c) Locations.--Training referred to in subsection (a) shall be
provided on a regional basis to groups of such participants. In a case
in which remedial training is appropriate, as recommended by the
Director or the head of any element of the Department, such training may
be provided on a local basis to a single such participant.
``(d) Best Practices.--The Director shall--
``(1) identify grants under which clearly beneficial
outcomes were obtained, and the characteristics of those grants
that were responsible for obtaining those outcomes; and
``(2) incorporate those characteristics into the training
provided under this section.
``(e) Availability of Funds.--not to exceed 3 percent of all funding
made available for a fiscal year for the programs covered by section
105(b) shall be reserved for the Community Capacity Development Office
for the activities authorized by this section.''.
(b) <<NOTE: 42 USC 3712e note.>> Effective Date.--This section and
the amendment made by this section take effect 90 days after the date of
the enactment of this Act.
SEC. 1160. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 106, as
added by section 249 of this Act, the following new section:
``SEC. 107. <<NOTE: 42 USC 3712f.>> DIVISION OF APPLIED LAW ENFORCEMENT
TECHNOLOGY.
``(a) Establishment.--There is established within the Office of
Science and Technology, the Division of Applied Law Enforcement
Technology, headed by an individual appointed by the Attorney General.
The purpose of the Division shall be to provide leadership and focus to
those grants of the Department of Justice that are made for the purpose
of using or improving law enforcement computer systems.
``(b) Duties.--In carrying out the purpose of the Division, the head
of the Division shall--
``(1) establish clear minimum standards for computer systems
that can be purchased using amounts awarded under such grants;
and
``(2) ensure that recipients of such grants use such systems
to participate in crime reporting programs administered by the
Department, such as Uniform Crime Reports or the National
Incident-Based Reporting System.''.
(b) <<NOTE: 42 USC 3712f note.>> Effective Date.--This section and
the amendment made by this section take effect 90 days after the date of
the enactment of this Act.
[[Page 119 STAT. 3118]]
SEC. 1161. AVAILABILITY OF FUNDS FOR GRANTS.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 107, as
added by section 250 of this Act, the following new section:
``SEC. 108. <<NOTE: 42 USC 3712g.>> AVAILABILITY OF FUNDS.
``(a) Period for Awarding Grant Funds.--
``(1) In general.--Unless otherwise specifically provided in
an authorization, DOJ grant funds for a fiscal year shall remain
available to be awarded and distributed to a grantee only in
that fiscal year and the three succeeding fiscal years, subject
to paragraphs (2) and (3). DOJ grant funds not so awarded and
distributed shall revert to the Treasury.
``(2) Treatment of reprogrammed funds.--DOJ grant funds for
a fiscal year that are reprogrammed in a later fiscal year shall
be treated for purposes of paragraph (1) as DOJ grant funds for
such later fiscal year.
``(3) Treatment of deobligated funds.--If DOJ grant funds
were obligated and then deobligated, the period of availability
that applies to those grant funds under paragraph (1) shall be
extended by a number of days equal to the number of days from
the date on which those grant funds were obligated to the date
on which those grant funds were deobligated.
``(b) Period for Expending Grant Funds.--DOJ grant funds for a
fiscal year that have been awarded and distributed to a grantee may be
expended by that grantee only in the period permitted under the terms of
the grant. DOJ grant funds not so expended shall revert to the Treasury.
``(c) Definition.--In this section, the term `DOJ grant funds'
means, for a fiscal year, amounts appropriated for activities of the
Department of Justice in carrying out grant programs for that fiscal
year.
``(d) Applicability.--This section applies to DOJ grant funds for
fiscal years beginning with fiscal year 2006.''.
(b) <<NOTE: 42 USC 3712g note.>> Effective Date.--This section and
the amendment made by this section take effect 90 days after the date of
the enactment of this Act.
SEC. 1162. <<NOTE: 42 USC 3715a.>> CONSOLIDATION OF FINANCIAL MANAGEMENT
SYSTEMS OF OFFICE OF JUSTICE PROGRAMS.
(a) Consolidation of Accounting Activities and Procurement
Activities.--The Assistant Attorney General of the Office of Justice
Programs, in coordination with the Chief Information Officer and Chief
Financial Officer of the Department of Justice, shall ensure that--
(1) all accounting activities for all elements of the Office
of Justice Programs are carried out under the direct management
of the Office of the Comptroller; and
(2) all procurement activities for all elements of the
Office are carried out under the direct management of the Office
of Administration.
(b) <<NOTE: Effective date.>> Further Consolidation of Procurement
Activities.--The Assistant Attorney General, in coordination with the
Chief Information Officer and Chief Financial Officer of the Department
of Justice, shall ensure that, on and after September 30, 2008--
(1) all procurement activities for all elements of the
Office are carried out through a single management office; and
[[Page 119 STAT. 3119]]
(2) all contracts and purchase orders used in carrying out
those activities are processed through a single procurement
system.
(c) <<NOTE: Effective date.>> Consolidation of Financial Management
Systems.--The Assistant Attorney General, in coordination with the Chief
Information Officer and Chief Financial Officer of the Department of
Justice, shall ensure that, on and after September 30, 2010, all
financial management activities (including human resources, payroll, and
accounting activities, as well as procurement activities) of all
elements of the Office are carried out through a single financial
management system.
(d) Achieving Compliance.--
(1) Schedule.--The Assistant Attorney General shall
undertake a scheduled consolidation of operations to achieve
compliance with the requirements of this section.
(2) <<NOTE: Deadlines.>> Specific requirements.--With
respect to achieving compliance with the requirements of--
(A) subsection (a), the consolidation of operations
shall be initiated not later than 90 days after the date
of the enactment of this Act; and
(B) subsections (b) and (c), the consolidation of
operations shall be initiated not later than September
30, 2006, and shall be carried out by the Office of
Administration, in consultation with the Chief
Information Officer and the Office of Audit, Assessment,
and Management.
SEC. 1163. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE GRANT
PROGRAM.
(a) In General.--Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out a
single grant program under which the Attorney General makes grants to
States, units of local government, Indian tribal governments, other
public and private entities, and multi-jurisdictional or regional
consortia for the purposes described in subsection (b).'';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and
in that subsection--
(A) by striking ``additional grant projects.--Grants
made under subsection (a) may include programs,
projects, and other activities to--'' and inserting
``uses of grant amounts.--The purposes for which grants
made under subsection (a) may be made are--'';
(B) by redesignating paragraphs (1) through (12) as
paragraphs (6) through (17), respectively;
(C) by inserting before paragraph (6) (as so
redesignated) the following new paragraphs:
``(1) rehire law enforcement officers who have been laid off
as a result of State and local budget reductions for deployment
in community-oriented policing;
``(2) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across
the Nation;
[[Page 119 STAT. 3120]]
``(3) procure equipment, technology, or support systems, or
pay overtime, to increase the number of officers deployed in
community-oriented policing;
``(4) award grants to pay for offices hired to perform
intelligence, anti-terror, or homeland security duties;''; and
(D) by amending paragraph (9) (as so redesignated)
to read as follows:
``(9) develop new technologies, including interoperable
communications technologies, modernized criminal record
technology, and forensic technology, to assist State and local
law enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime and to
train law enforcement officers to use such technologies;'';
(4) by redesignating subsections (e) through (k) as
subsections (c) through (i), respectively; and
(5) in subsection (c) (as so redesignated) by striking
``subsection (i)'' and inserting ``subsection (g)''.
(b) Conforming Amendment.--Section 1702 of title I of such Act (42
U.S.C. 3796dd-1) is amended in subsection (d)(2) by striking ``section
1701(d)'' and inserting ``section 1701(b)''.
(c) Authorization of Appropriations.--Section 1001(a)(11) of title I
of such Act (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A) by striking ``expended--'' and all
that follows through ``2000'' and inserting ``expended
$1,047,119,000 for each of fiscal years 2006 through 2009''; and
(2) in subparagraph (B)--
(A) by striking ``section 1701(f)'' and inserting
``section 1701(d)''; and
(B) by striking the third sentence.
SEC. 1164. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS UNDER PUBLIC
SAFETY OFFICERS' DEATH BENEFITS PROGRAMS.
(a) Persons Eligible for Death Benefits.--Section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b), as
most recently amended by section 2(a) of the Mychal Judge Police and
Fire Chaplains Public Safety Officers' Benefit Act of 2002 (Public Law
107-196; 116 Stat. 719), is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) `member of a rescue squad or ambulance crew' means an
officially recognized or designated public employee member of a
rescue squad or ambulance crew;''; and
(3) in paragraph (4) by striking ``and'' and all that
follows through the end and inserting a semicolon.
(4) in paragraph (6) by striking ``enforcement of the laws''
and inserting ``enforcement of the criminal laws (including
juvenile delinquency).''.
(b) Clarification of Limitation on Payments in Non-Civilian Cases.--
Section 1202(5) of such Act (42 U.S.C. 3796a(5)) is amended by inserting
``with respect'' before ``to any individual''.
(c) Waiver of Collection in Certain Cases.--Section 1201 of such Act
(42 U.S.C. 3796) is amended by adding at the end the following:
[[Page 119 STAT. 3121]]
``(m) The Bureau may suspend or end collection action on an amount
disbursed pursuant to a statute enacted retroactively or otherwise
disbursed in error under subsection (a) or (c), where such collection
would be impractical, or would cause undue hardship to a debtor who
acted in good faith.''.
(d) Designation of Beneficiary.--Section 1201(a)(4) of such Act (42
U.S.C. 3796(a)(4)) is amended to read as follows:
``(4) if there is no surviving spouse or surviving child--
``(A) in the case of a claim made on or after the
date that is 90 days after the date of the enactment of
this subparagraph, to the individual designated by such
officer as beneficiary under this section in such
officer's most recently executed designation of
beneficiary on file at the time of death with such
officer's public safety agency, organization, or unit,
provided that such individual survived such officer; or
``(B) if there is no individual qualifying under
subparagraph (A), to the individual designated by such
officer as beneficiary under such officer's most
recently executed life insurance policy on file at the
time of death with such officer's public safety agency,
organization, or unit, provided that such individual
survived such officer; or''.
(e) Confidentiality.--Section 1201(1)(a) of such Act (42 U.S.C.
3796(a)) is amended by adding at the end the following:
``(6) The public safety agency, organization, or unit
responsible for maintaining on file an executed designation of
beneficiary or recently executed life insurance policy pursuant
to paragraph (4) shall maintain the confidentiality of such
designation or policy in the same manner as it maintains
personnel or other similar records of the officer.''.
SEC. 1165. PRE-RELEASE AND POST-RELEASE PROGRAMS FOR JUVENILE OFFENDERS.
Section 1801(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796ee(b)) is amended--
(1) in paragraph (15) by striking ``or'' at the end;
(2) in paragraph (16) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(17) establishing, improving, and coordinating pre-release
and post-release systems and programs to facilitate the
successful reentry of juvenile offenders from State or local
custody in the community.''.
SEC. 1166. <<NOTE: 42 USC 3796ee-10.>> REAUTHORIZATION OF JUVENILE
ACCOUNTABILITY BLOCK GRANTS.
Section 1810(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-10(a)) is amended by striking ``2002 through
2005'' and inserting ``2006 through 2009''.
SEC. 1167. 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 $5,000,000 for each of fiscal
years 2006 through 2010.''.
[[Page 119 STAT. 3122]]
SEC. 1168. <<NOTE: 42 USC 3796ee-2.>> EVIDENCE-BASED APPROACHES.
Section 1802 of the Omnibus Crime Control and Safe Streets Act of
1968 is amended--
(1) in subsection (a)(1)(B) by inserting ``, including the
extent to which evidence-based approaches are utilized'' after
``part''; and
(2) in subsection (b)(1)(A)(ii) by inserting ``, including
the extent to which evidence-based approaches are utilized''
after ``part''.
SEC. 1169. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR SCHOOL
SECURITY.
(a) In General.--Section 2705 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797e) is amended by striking ``2003''
and inserting ``2009''.
(b) Program to Remain Under COPS Office.--Section 2701 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a) is
amended in subsection (a) by inserting after ``The Attorney General''
the following: ``, acting through the Office of Community Oriented
Policing Services,''.
SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE'S LAW.
Section 2001 of division C, Public Law 106-386 (42 U.S.C. 13713), is
amended--
(1) in each of subsections (b), (c)(1), (c)(2), (c)(3),
(e)(1), and (g) by striking the first upper-case letter after
the heading and inserting a lower case letter of such letter and
the following: ``Pursuant to regulations promulgated by the
Attorney General hereunder,'';
(2) in subsection (c), paragraphs (1) and (2), respectively,
by--
(A) striking ``a State'', the first place it
appears, and inserting ``a criminal-records-reporting
State''; and
(B) striking ``(3),'' and all that follows through
``subsequent offense'' and inserting ``(3), it may,
under subsection (d), apply to the Attorney General for
$10,000, for its related apprehension and prosecution
costs, and $22,500 per year (up to a maximum of 5
years), for its related incarceration costs with both
amounts for costs adjusted annually for the rate of
inflation'';
(3) in subsection (c)(3), by--
(A) striking ``if--'' and inserting ``unless--'';
(B) striking--
(i) ``average'';
(ii) ``individuals convicted of the offense
for which,''; and
(iii) ``convicted by the State is''; and
(C) inserting ``not'' before ``less'' each place it
appears.
(4) in subsections (d) and (e), respectively, by striking
``transferred'';
(5) in subsection (e)(1), by--
(A) inserting ``pursuant to section 506 of the
Omnibus Crime Control and Safe Streets Act of 1968''
before ``that''; and
(B) striking the last sentence and inserting ``No
amount described under this section shall be subject to
section 3335(b) or 6503(d) of title 31, United States
Code''.;
[[Page 119 STAT. 3123]]
(6) in subsection (i)(1), by striking ``State-'' and
inserting ``State (where practicable)-''; and
(7) by striking subsection (i)(2) and inserting:
``(2) Report.--The Attorney General shall submit to
Congress--
``(A) a report, by not later than 6 months after the
date of enactment of this Act, that provides national
estimates of the nature and extent of recidivism (with
an emphasis on interstate recidivism) by State inmates
convicted of murder, rape, and dangerous sexual
offenses;
``(B) a report, by not later than October 1, 2007,
and October 1 of each year thereafter, that provides
statistical analysis and criminal history profiles of
interstate recidivists identified in any State
applications under this section; and
``(C) reports, at regular intervals not to exceed
every five years, that include the information described
in paragraph (1).''.
Subtitle C--MISCELLANEOUS PROVISIONS
SEC. 1171. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107-56.
(a) Striking Surplus Words.--
(1) Section 2703(c)(1) of title 18, United States Code, is
amended by striking ``or'' at the end of subparagraph (C).
(2) Section 1960(b)(1)(C) of title 18, United States Code,
is amended by striking ``to be used to be used'' and inserting
``to be used''.
(b) Punctuation and Grammar Corrections.--Section 2516(1)(q) of
title 18, United States Code, is amended--
(1) by striking the semicolon after the first close
parenthesis; and
(2) by striking ``sections'' and inserting ``section''.
(c) Cross Reference Correction.--Section 322 of Public Law 107-56
is <<NOTE: 28 USC 2466 and note.>> amended, effective on the date of the
enactment of that section, by striking ``title 18'' and inserting
``title 28''.
SEC. 1172. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Table of Sections Omission.--The table of sections at the
beginning of chapter 203 of title 18, United States Code, is amended by
inserting after the item relating to section 3050 the following new
item:
``3051. Powers of Special Agents of Bureau of Alcohol, Tobacco,
Firearms, and Explosives''.
(b) Repeal of Duplicative Program.--Section 316 of Part A of the
Runaway and Homeless Youth Act (42 U.S.C. 5712d), as added by section
40155 of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322; 108 Stat. 1922), is repealed.
(c) Repeal of Provision Relating to Unauthorized Program.--Section
20301 of Public Law 103-322 <<NOTE: 8 USC 1231 note.>> is amended by
striking subsection (c).
[[Page 119 STAT. 3124]]
SEC. 1173. <<NOTE: 28 USC 530c note.>> USE OF FEDERAL TRAINING
FACILITIES.
(a) Federal Training Facilities.--Unless authorized in writing by
the Attorney General, or the Assistant Attorney General for
Administration, if so delegated by the Attorney General, the Department
of Justice (and each entity within it) shall use for any predominantly
internal training or conference meeting only a facility that does not
require a payment to a private entity for use of the facility.
(b) Annual Report.--The Attorney General shall prepare an annual
report to the Chairmen and ranking minority members of the Committees on
the Judiciary of the Senate and of the House of Representatives that
details each training and conference meeting that requires specific
authorization under subsection (a). The report shall include an
explanation of why the facility was chosen, and a breakdown of any
expenditures incurred in excess of the cost of conducting the training
or meeting at a facility that did not require such authorization.
SEC. 1174. <<NOTE: 28 USC 509.>> PRIVACY OFFICER.
(a) <<NOTE: Designation.>> In General.--The Attorney General shall
designate a senior official in the Department of Justice to assume
primary responsibility for privacy policy.
(b) Responsibilities.--The responsibilities of such official shall
include advising the Attorney General regarding--
(1) appropriate privacy protections, relating to the
collection, storage, use, disclosure, and security of personally
identifiable information, with respect to the Department's
existing or proposed information technology and information
systems;
(2) privacy implications of legislative and regulatory
proposals affecting the Department and involving the collection,
storage, use, disclosure, and security of personally
identifiable information;
(3) implementation of policies and procedures, including
appropriate training and auditing, to ensure the Department's
compliance with privacy-related laws and policies, including
section 552a of title 5, United States Code, and Section 208 of
the E-Government Act of 2002 (Public Law 107-347);
(4) ensuring that adequate resources and staff are devoted
to meeting the Department's privacy-related functions and
obligations;
(5) appropriate notifications regarding the Department's
privacy policies and privacy-related inquiry and complaint
procedures; and
(6) privacy-related reports from the Department to Congress
and the President.
(c) Review of Privacy Related Functions, Resources, and Report.--
Within 120 days of his designation, the privacy official shall prepare a
comprehensive report to the Attorney General and to the Committees on
the Judiciary of the House of Representatives and of the Senate,
describing the organization and resources of the Department with respect
to privacy and related information management functions, including
access, security, and records management, assessing the Department's
current and future needs relating to information privacy issues, and
making appropriate recommendations regarding the Department's
organizational structure and personnel.
[[Page 119 STAT. 3125]]
(d) Annual Report.--The privacy official shall submit a report to
the Committees on the Judiciary of the House of Representatives and of
the Senate on an annual basis on activities of the Department that
affect privacy, including a summary of complaints of privacy violations,
implementation of section 552a of title 5, United States Code, internal
controls, and other relevant matters.
SEC. 1175. <<NOTE: Reports. 28 USC 581 note.>> BANKRUPTCY CRIMES.
The Director of the Executive Office for United States Trustees
shall prepare an annual report to the Congress detailing--
(1) the number and types of criminal referrals made by the
United States Trustee Program;
(2) the outcomes of each criminal referral;
(3) for any year in which the number of criminal referrals
is less than for the prior year, an explanation of the decrease;
and
(4) the United States Trustee Program's efforts to prevent
bankruptcy fraud and abuse, particularly with respect to the
establishment of uniform internal controls to detect common,
higher risk frauds, such as a debtor's failure to disclose all
assets.
SEC. 1176. <<NOTE: 28 USC 509 note.>> REPORT TO CONGRESS ON STATUS OF
UNITED STATES PERSONS OR RESIDENTS DETAINED ON SUSPICION OF
TERRORISM.
Not less often than once every 12 months, the Attorney General shall
submit to Congress a report on the status of United States persons or
residents detained, as of the date of the report, on suspicion of
terrorism. The report shall--
(1) specify the number of persons or residents so detained;
and
(2) specify the standards developed by the Department of
Justice for recommending or determining that a person should be
tried as a criminal defendant or should be designated as an
enemy combatant.
SEC. 1177. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL
ABUSE OFFENSES IN CORRECTIONAL FACILITIES.
(a) Expanded Jurisdiction.--The following provisions of title 18,
United States Code, are each amended by inserting ``or in any prison,
institution, or facility in which persons are held in custody by
direction of or pursuant to a contract or agreement with the Attorney
General'' after ``in a Federal prison,'':
(1) Subsections (a) and (b) of section 2241.
(2) The first sentence of subsection (c) of section 2241.
(3) Section 2242.
(4) Subsections (a) and (b) of section 2243.
(5) Subsections (a) and (b) of section 2244.
(b) Increased Penalties.--
(1) Sexual abuse of a ward.--Section 2243(b) of such title
is amended by striking ``one year'' and inserting ``five
years''.
(2) Abusive sexual contact.--Section 2244 of such title is
amended by striking ``six months'' and inserting ``two years''
in each of subsections (a)(4) and (b).
[[Page 119 STAT. 3126]]
SEC. 1178. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN CORRECTIONAL
FACILITIES.
Section 1791(d)(4) of title 18, United States Code, is amended by
inserting ``or any prison, institution, or facility in which persons are
held in custody by direction of or pursuant to a contract or agreement
with the Attorney General'' after ``penal facility''.
SEC. 1179. MAGISTRATE JUDGE'S AUTHORITY TO CONTINUE PRELIMINARY HEARING.
The second sentence of section 3060(c) of title 18, United States
Code, is amended to read as follows: ``In the absence of such consent of
the accused, the judge or magistrate judge may extend the time limits
only on a showing that extraordinary circumstances exist and justice
requires the delay.''.
SEC. 1180. TECHNICAL CORRECTIONS RELATING TO STEROIDS.
Section 102(41)(A) of the Controlled Substances Act (21 U.S.C.
802(41)(A)), as amended by the Anabolic Steroid Control Act of 2004
(Public law 108-358), is amended by--
(1) striking clause (xvii) and inserting the following:
``(xvii) 13b-ethyl-17b-hydroxygon-4-en-3-one;''; and
(2) striking clause (xliv) and inserting the following:
``(xliv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
eno[3,2-c]-pyrazole);''.
SEC. 1181. PRISON RAPE COMMISSION EXTENSION.
Section 7 of the Prison Rape Elimination Act of 2003 (42 U.S.C.
15606) is amended in subsection (d)(3)(A) by striking ``2 years'' and
inserting ``3 years''.
SEC. 1182. LONGER STATUTE OF LIMITATION FOR HUMAN TRAFFICKING-RELATED
OFFENSES.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 3298. Trafficking-related offenses
``No person shall be prosecuted, tried, or punished for any non-
capital offense or conspiracy to commit a non-capital offense under
section 1581 (Peonage; Obstructing Enforcement), 1583 (Enticement into
Slavery), 1584 (Sale into Involuntary Servitude), 1589 (Forced Labor),
1590 (Trafficking with Respect to Peonage, Slavery, Involuntary
Servitude, or Forced Labor), or 1592 (Unlawful Conduct with Respect to
Documents in furtherance of Trafficking, Peonage, Slavery, Involuntary
Servitude, or Forced Labor) of this title or under section 274(a) of the
Immigration and Nationality Act unless the indictment is found or the
information is instituted not later than 10 years after the commission
of the offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3298. Trafficking-related offenses''.
(c) Modification of Statute Applicable to Offense Against
Children.--Section 3283 of title 18, United States Code, is amended by
inserting ``, or for ten years after the offense, whichever is longer''
after ``of the child''.
[[Page 119 STAT. 3127]]
SEC. 1183. USE OF CENTER FOR CRIMINAL JUSTICE TECHNOLOGY.
(a) In General.--The Attorney General may use the services of the
Center for Criminal Justice Technology, a nonprofit ``center of
excellence'' that provides technology assistance and expertise to the
criminal justice community.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section the
following amounts, to remain available until expended:
(1) $7,500,000 for fiscal year 2006.
(2) $7,500,000 for fiscal year 2007.
(3) $10,000,000 for fiscal year 2008.
SEC. 1184. SEARCH GRANTS.
(a) In General.--Pursuant to subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968, the Attorney General
may make grants to SEARCH, the National Consortium for Justice
Information and Statistics, to carry out the operations of the National
Technical Assistance and Training Program.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$4,000,000 for each of fiscal years 2006 through 2009.
SEC. 1185. REAUTHORIZATION OF LAW ENFORCEMENT TRIBUTE ACT.
Section 11001 of Public Law 107-273 (42 U.S.C. 15208; 116 Stat.
1816) is amended in subsection (i) by striking ``2006'' and inserting
``2009''.
SEC. 1186. AMENDMENT REGARDING BULLYING AND GANGS.
Paragraph (13) of section 1801(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amended to read as
follows:
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety, which
programs may include research-based bullying, cyberbullying, and
gang prevention programs;''.
SEC. 1187. TRANSFER OF PROVISIONS RELATING TO THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES.
(a) Organizational Provision.--Part II of title 28, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 40A--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
``Sec.
``599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives
``599B. Personnel management demonstration project''.
(b) Transfer of Provisions.--The section heading for, and
subsections (a), (b), (c)(1), and (c)(3) of, section 1111, and section
1115, of the Homeland Security Act of 2002 (6 U.S.C. 531(a), (b),
(c)(1), and (c)(3), and 533) <<NOTE: 28 USC 599A, 599B.>> are hereby
transferred to, and added at the end of chapter 40A of such title, as
added by subsection (a) of this section.
(c) Conforming Amendments.--
(1) Such section 1111 <<NOTE: 28 USC 599A.>> is amended--
[[Page 119 STAT. 3128]]
(A) by striking the section heading and inserting
the following:
``Sec. 599A. Bureau of alcohol, tobacco, firearms, and Explosives'';
and
(B) in subsection (b)(2), by inserting ``of section
1111 of the Homeland Security Act of 2002 (as enacted on
the date of the enactment of such Act)'' after
``subsection (c)'',
and such section heading and such subsections (as so amended)
shall constitute section 599A of such title.
(2) Such section 1115 <<NOTE: 28 USC 599B.>> is amended by
striking the section heading and inserting the following:
``Sec. 599B. Personnel Management demonstration project'';
and such section (as so amended) shall constitute section 599B
of such title.
(d) Clerical Amendment.--The chapter analysis for such part is
amended by adding at the end the following new item:
``40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives
2599A''...........................................................
SEC. 1188. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND TRAINING
PROJECTS PROGRAM.
Section 32401(b) of the Violent Crime Control Act of 1994 (42 U.S.C.
13921(b)) is amended by striking paragraphs (1) through (6) and
inserting the following:
``(1) $20,000,000 for fiscal year 2006;
``(2) $20,000,000 for fiscal year 2007;
``(3) $20,000,000 for fiscal year 2008;
``(4) $20,000,000 for fiscal year 2009; and
``(5) $20,000,000 for fiscal year 2010.''.
SEC. 1189. NATIONAL TRAINING CENTER.
(a) In General.--The Attorney General may use the services of the
National Training Center in Sioux City, Iowa, to utilize a national
approach to bring communities and criminal justice agencies together to
receive training to control the growing national problem of
methamphetamine, poly drugs and their associated crimes. The National
Training Center in Sioux City, Iowa, seeks a comprehensive approach to
control and reduce methamphetamine trafficking, production and usage
through training.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section the
following amounts, to remain available until expended:
(1) $2,500,000 for fiscal year 2006.
(2) $3,000,000 for fiscal year 2007.
(3) $3,000,000 for fiscal year 2008.
(4) $3,000,000 for fiscal year 2009.
SEC. 1190. SENSE OF CONGRESS RELATING TO ``GOOD TIME'' RELEASE.
It is the sense of Congress that it is important to study the
concept of implementing a ``good time'' release program for non-violent
criminals in the Federal prison system.
SEC. 1191. PUBLIC EMPLOYEE UNIFORMS.
(a) In General.--Section 716 of title 18, United States Code, is
amended--
[[Page 119 STAT. 3129]]
(1) by striking ``police badge'' each place it appears in
subsections (a) and (b) and inserting ``official insignia or
uniform'';
(2) in each of paragraphs (2) and (4) of subsection (a), by
striking ``badge of the police'' and inserting ``official
insignia or uniform'';
(3) in subsection (b)--
(A) by striking ``the badge'' and inserting ``the
insignia or uniform'';
(B) by inserting ``is other than a counterfeit
insignia or uniform and'' before ``is used or is
intended to be used''; and
(C) by inserting ``is not used to mislead or
deceive, or'' before ``is used or intended'';
(4) in subsection (c)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and'';
(C) by adding at the end the following:
``(3) the term `official insignia or uniform' means an
article of distinctive clothing or insignia, including a badge,
emblem or identification card, that is an indicium of the
authority of a public employee;
``(4) the term `public employee' means any officer or
employee of the Federal Government or of a State or local
government; and
``(5) the term `uniform' means distinctive clothing or other
items of dress, whether real or counterfeit, worn during the
performance of official duties and which identifies the wearer
as a public agency employee.''; and
(5) by adding at the end the following:
``(d) It is a defense to a prosecution under this section that the
official insignia or uniform is not used or intended to be used to
mislead or deceive, or is a counterfeit insignia or uniform and is used
or is intended to be used exclusively--
``(1) for a dramatic presentation, such as a theatrical,
film, or television production; or
``(2) for legitimate law enforcement purposes.''; and
(6) in the heading for the section, by striking ``police
badges'' and inserting ``public employee insignia and uniform''.
(b) Conforming Amendment to Table of Sections.--The item in the
table of sections at the beginning of chapter 33 of title 18, United
States Code, relating to section 716 is amended by striking ``Police
badges'' and inserting ``Public employee insignia and uniform''.
(c) <<NOTE: 28 USC 994 note.>> Direction to Sentencing Commission.--
The United States Sentencing Commission is directed to make appropriate
amendments to sentencing guidelines, policy statements, and official
commentary to assure that the sentence imposed on a defendant who is
convicted of a Federal offense while wearing or displaying insignia and
uniform received in violation of section 716 of title 18, United States
Code, reflects the gravity of this aggravating factor.
SEC. 1192. OFFICIALLY APPROVED POSTAGE.
Section 475 of title 18, United States Code, is amended by adding at
the end the following: ``Nothing in this section applies
[[Page 119 STAT. 3130]]
to evidence of postage payment approved by the United States Postal
Service.''.
SEC. 1193. <<NOTE: Grants.>> AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
In addition to any other amounts authorized by law, there are
authorized to be appropriated for grants to the American Prosecutors
Research Institute under section 214A of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13003) $7,500,000 for each of fiscal years 2006
through 2010.
SEC. 1194. <<NOTE: Hurricanes Katrina and Rita.>> ASSISTANCE TO COURTS.
The chief judge of each United States district court is encouraged
to cooperate with requests from State and local authorities whose
operations have been significantly disrupted as a result of Hurricane
Katrina or Hurricane Rita to provide accommodations in Federal
facilities for State and local courts to conduct their proceedings.
SEC. 1195. STUDY AND REPORT ON CORRELATION BETWEEN SUBSTANCE ABUSE AND
DOMESTIC VIOLENCE AT DOMESTIC VIOLENCE SHELTERS.
The Secretary of Health and Human Services shall carry out a study
on the correlation between a perpetrator's drug and alcohol abuse and
the reported incidence of domestic violence at domestic violence
shelters. The study shall cover fiscal years 2006 through 2008. Not
later than February 2009, the Secretary shall submit to Congress a
report on the results of the study.
SEC. 1196. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Authorization of Appropriations.--Section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is amended by
striking ``appropriated'' and all that follows through the period and
inserting the following: ``appropriated to carry out this subsection--
``(A) $750,000,000 for fiscal year 2006;
``(B) $850,000,000 for fiscal year 2007; and
``(C) $950,000,000 for each of the fiscal years 2008
through 2011.''.
(b) Limitation on Use of Funds.--Section 241(i)(6) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is amended to read
as follows:
``(6) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (5) that are distributed to a State
or political subdivision of a State, including a municipality,
may be used only for correctional purposes.''.
(c) Study and Report on State and Local Assistance in Incarcerating
Undocumented Criminal Aliens.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the United
States Department of Justice shall perform a study, and report
to the Committee on the Judiciary of the United States House of
Representatives and the Committee on the Judiciary of the United
States Senate on the following:
(A) Whether there are States, or political
subdivisions of a State, that have received compensation
under section 241(i) of the Immigration and Nationality
Act (8 U.S.C. 1231(i)) and are not fully cooperating in
the Department
[[Page 119 STAT. 3131]]
of Homeland Security's efforts to remove from the United
States undocumented criminal aliens (as defined in
paragraph (3) of such section).
(B) Whether there are States, or political
subdivisions of a State, that have received compensation
under section 241(i) of the Immigration and Nationality
Act (8 U.S.C. 1231(i)) and that have in effect a policy
that violates section 642 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1373).
(C) The number of criminal offenses that have been
committed by aliens unlawfully present in the United
States after having been apprehended by States or local
law enforcement officials for a criminal offense and
subsequently being released without being referred to
the Department of Homeland Security for removal from the
United States.
(D) The number of aliens described in subparagraph
(C) who were released because the State or political
subdivision lacked space or funds for detention of the
alien.
(2) Identification.--In the report submitted under paragraph
(1), the Inspector General of the United States Department of
Justice--
(A) shall include a list identifying each State or
political subdivision of a State that is determined to
be described in subparagraph (A) or (B) of paragraph
(1); and
(B) shall include a copy of any written policy
determined to be described in subparagraph (B).
SEC. 1197. EXTENSION OF CHILD SAFETY PILOT PROGRAM.
Section 108 of the PROTECT Act (42 U.S.C. 5119a note) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(B), by striking ``A volunteer
organization in a participating State may not submit
background check requests under paragraph (3).'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``a 30-
month'' and inserting ``a 60-month'';
(ii) in subparagraph (A), by striking
``100,000'' and inserting ``200,000''; and
(iii) by striking subparagraph (B) and
inserting the following:
``(B) Participating organizations.--
``(i) Eligible organizations.--Eligible
organizations include--
``(I) the Boys and Girls Clubs of
America;
``(II) the MENTOR/National Mentoring
Partnership;
``(III) the National Council of
Youth Sports; and
``(IV) any nonprofit organization
that provides care, as that term is
defined in section 5 of the National
Child Protection Act of 1993 (42 U.S.C.
5119c), for children.
``(ii) Pilot program.--The eligibility of an
organization described in clause (i)(IV) to
participate in the pilot program established under
this section
[[Page 119 STAT. 3132]]
shall be determined by the National Center for
Missing and Exploited Children, with the rejection
or concurrence within 30 days of the Attorney
General, according to criteria established by such
Center, including the potential number of
applicants and suitability of the organization to
the intent of this section. If the Attorney
General fails to reject or concur within 30 days,
the determination of the National Center for
Missing and Exploited Children shall be
conclusive.'';
(iv) by striking subparagraph (C) and
inserting the following:
``(C) Applicants from participating organizations.--
Participating organizations may request background
checks on applicants for positions as volunteers and
employees who will be working with children or
supervising volunteers.'';
(v) in subparagraph (D), by striking ``the
organizations described in subparagraph (C)'' and
inserting ``participating organizations''; and
(vi) in subparagraph (F), by striking ``14
business days'' and inserting ``10 business
days'';
(2) in subsection (c)(1), by striking ``and 2005'' and
inserting ``through 2008''; and
(3) in subsection (d)(1), by adding at the end the
following:
``(O) The extent of participation by eligible
organizations in the state pilot program.''.
SEC. 1198. TRANSPORTATION AND SUBSISTENCE FOR SPECIAL SESSIONS OF
DISTRICT COURTS.
(a) Transportation and Subsistence.--Section 141(b) of title 28,
United States Code, as added by section 2(b) of Public Law 109-63, is
amended by adding at the end the following:
``(5) If a district court issues an order exercising its authority
under paragraph (1), the court shall direct the United States marshal of
the district where the court is meeting to furnish transportation and
subsistence to the same extent as that provided in sections 4282 and
4285 of title 18.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out paragraph (5) of
section 141(b) of title 28, United States Code, as added by subsection
(a) of this section.
SEC. 1199. <<NOTE: 42 USC 13751 note.>> YOUTH VIOLENCE REDUCTION
DEMONSTRATION PROJECTS.
(a) Establishment of Youth Violence Reduction Demonstration
Projects.--
(1) <<NOTE: Grants.>> In general.--The Attorney General
shall make up to 5 grants for the purpose of carrying out Youth
Violence Demonstration Projects to reduce juvenile and young
adult violence, homicides, and recidivism among high-risk
populations.
(2) Eligible entities.--An entity is eligible for a grant
under paragraph (1) if it is a unit of local government or a
combination of local governments established by agreement for
purposes of undertaking a demonstration project.
(b) Selection of Grant Recipients.--
(1) Awards.--The Attorney General shall award grants for
Youth Violence Reduction Demonstration Projects on a competitive
basis.
[[Page 119 STAT. 3133]]
(2) Amount of awards.--No single grant award made under
subsection (a) shall exceed $15,000,000 per fiscal year.
(3) Application.--An application for a grant under paragraph
(1) shall be submitted to the Attorney General in such a form,
and containing such information and assurances, as the Attorney
General may require, and at a minimum shall propose--
(A) a program strategy targeting areas with the
highest incidence of youth violence and homicides;
(B) outcome measures and specific objective indicia
of performance to assess the effectiveness of the
program; and
(C) a plan for evaluation by an independent third
party.
(4) Distribution.--In making grants under this section, the
Attorney General shall ensure the following:
(A) No less than 1 recipient is a city with a
population exceeding 1,000,000 and an increase of at
least 30 percent in the aggregated juvenile and young
adult homicide victimization rate during calendar year
2005 as compared to calendar year 2004.
(B) No less than one recipient is a nonmetropolitan
county or group of counties with per capita arrest rates
of juveniles and young adults for serious violent
offenses that exceed the national average for
nonmetropolitan counties by at least 5 percent.
(5) Criteria.--In making grants under this section, the
Attorney General shall give preference to entities operating
programs that meet the following criteria:
(A) A program focusing on--
(i) reducing youth violence and homicides,
with an emphasis on juvenile and young adult
probationers and other juveniles and young adults
who have had or are likely to have contact with
the juvenile justice system;
(ii) fostering positive relationships between
program participants and supportive adults in the
community; and
(iii) accessing comprehensive supports for
program participants through coordinated community
referral networks, including job opportunities,
educational programs, counseling services,
substance abuse programs, recreational
opportunities, and other services.
(B) A program goal of almost daily contacts with and
supervision of participating juveniles and young adults
through small caseloads and a coordinated team approach
among case managers drawn from the community, probation
officers, and police officers.
(C) The use of existing structures, local government
agencies, and nonprofit organizations to operate the
program.
(D) Inclusion in program staff of individuals who
live or have lived in the community in which the program
operates; have personal experiences or cultural
competency that build credibility in relationships with
program participants; and will serve as a case manager,
intermediary, and mentor.
[[Page 119 STAT. 3134]]
(E) Fieldwork and neighborhood outreach in
communities where the young violent offenders live,
including support of the program from local public and
private organizations and community members.
(F) Imposition of graduated probation sanctions to
deter violent and criminal behavior.
(G) A record of program operation and effectiveness
evaluation over a period of at least five years prior to
the date of enactment of this Act.
(H) A program structure that can serve as a model
for other communities in addressing the problem of youth
violence and juvenile and young adult recidivism.
(c) Authorized Activities.--Amounts paid to an eligible entity under
a grant award may be used for the following activities:
(1) Designing and enhancing program activities.
(2) Employing and training personnel.
(3) Purchasing or leasing equipment.
(4) Providing services and training to program participants
and their families.
(5) Supporting related law enforcement and probation
activities, including personnel costs.
(6) Establishing and maintaining a system of program
records.
(7) Acquiring, constructing, expanding, renovating, or
operating facilities to support the program.
(8) Evaluating program effectiveness.
(9) Undertaking other activities determined by the Attorney
General as consistent with the purposes and requirements of the
demonstration program.
(d) Evaluation and Reports.--
(1) Independent evaluation.--The Attorney General may use up
to $500,000 of funds appropriated annually under this such
section to--
(A) prepare and implement a design for interim and
overall evaluations of performance and progress of the
funded demonstration projects;
(B) provide training and technical assistance to
grant recipients; and
(C) disseminate broadly the information generated
and lessons learned from the operation of the
demonstration projects.
(2) Reports to congress.--Not later than 120 days after the
last day of each fiscal year for which 1 or more demonstration
grants are awarded, the Attorney General shall submit to
Congress a report which shall include--
(A) a summary of the activities carried out with
such grants;
(B) an assessment by the Attorney General of the
program carried out; and
(C) such other information as the Attorney General
considers appropriate.
(e) Federal Share.--
(1) In general.--The Federal share of a grant awarded under
this Act shall not exceed 90 percent of the total program costs.
(2) Non-federal share.--The non-Federal share of such cost
may be provided in cash or in-kind.
[[Page 119 STAT. 3135]]
(f) Definitions.--In this section:
(1) Unit of local government.--The term ``unit of local
government'' means a county, township, city, or political
subdivision of a county, township, or city, that is a unit of
local government as determined by the Secretary of Commerce for
general statistical purposes.
(2) Juvenile.--The term ``juvenile'' means an individual who
is 17 years of age or younger.
(3) Young adult.--The term ``young adult'' means an
individual who is 18 through 24 years of age.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2007
and such sums as may be necessary for each of fiscal years 2008 through
2009, to remain available until expended.
Approved January 5, 2006.
LEGISLATIVE HISTORY--H.R. 3402:
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HOUSE REPORTS: No. 109-233 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 28, considered and passed House.
Dec. 16, considered and passed Senate, amended.
Dec. 17, House concurred in Senate amendment.
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