[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3402 Engrossed in House (EH)]
109th CONGRESS
1st Session
H. R. 3402
_______________________________________________________________________
AN ACT
To authorize appropriations for the Department of Justice for fiscal
years 2006 through 2009, and for other purposes.
109th CONGRESS
1st Session
H. R. 3402
_______________________________________________________________________
AN ACT
To authorize appropriations for the Department of Justice for fiscal
years 2006 through 2009, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Justice Appropriations Authorization Act, Fiscal Years 2006 through
2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations for fiscal year 2006.
Sec. 102. Authorization of appropriations for fiscal year 2007.
Sec. 103. Authorization of appropriations for fiscal year 2008.
Sec. 104. Authorization of appropriations for fiscal year 2009.
Sec. 105. Organized retail theft.
Sec. 106. United States-Mexico Border Violence Task Force.
Sec. 107. National Gang Intelligence Center.
TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies
Sec. 201. Merger of Byrne grant program and Local Law Enforcement Block
Grant program.
Sec. 202. Clarification of number of recipients who may be selected in
a given year to receive Public Safety
Officer Medal of Valor.
Sec. 203. Clarification of official to be consulted by Attorney General
in considering application for emergency
Federal law enforcement assistance.
Sec. 204. Clarification of uses for regional information sharing system
grants.
Sec. 205. Integrity and enhancement of national criminal record
databases.
Sec. 206. Extension of matching grant program for law enforcement armor
vests.
Subtitle B--Building Community Capacity to Prevent, Reduce, and Control
Crime
Sec. 211. Office of Weed and Seed Strategies.
Subtitle C--Assisting Victims of Crime
Sec. 221. Grants to local nonprofit organizations to improve outreach
services to victims of crime.
Sec. 222. Clarification and enhancement of certain authorities relating
to Crime Victims Fund.
Sec. 223. Amounts received under crime victim grants may be used by
State for training purposes.
Sec. 224. Clarification of authorities relating to Violence Against
Women formula and discretionary grant
programs.
Sec. 225. Change of certain reports from annual to biennial.
Sec. 226. Grants for young witness assistance.
Subtitle D--Preventing Crime
Sec. 231. Clarification of definition of violent offender for purposes
of juvenile drug courts.
Sec. 232. Changes to distribution and allocation of grants for drug
courts.
Sec. 233. Eligibility for grants under drug court grants program
extended to courts that supervise non-
offenders with substance abuse problems.
Sec. 234. Term of Residential Substance Abuse Treatment program for
local facilities.
Sec. 235. Enhanced residential substance abuse treatment program for
State prisoners.
Subtitle E--Other Matters
Sec. 241. Changes to certain financial authorities.
Sec. 242. Coordination duties of Assistant Attorney General.
Sec. 243. Simplification of compliance deadlines under sex-offender
registration laws.
Sec. 244. Repeal of certain programs.
Sec. 245. Elimination of certain notice and hearing requirements.
Sec. 246. Amended definitions for purposes of Omnibus Crime Control and
Safe Streets Act of 1968.
Sec. 247. Clarification of authority to pay subsistence payments to
prisoners for health care items and
services.
Sec. 248. Office of Audit, Assessment, and Management.
Sec. 249. Community Capacity Development Office.
Sec. 250. Office of Applied Law Enforcement Technology.
Sec. 251. Availability of funds for grants.
Sec. 252. Consolidation of financial management systems of Office of
Justice Programs.
Sec. 253. Authorization and change of COPS program to single grant
program.
Sec. 254. Clarification of persons eligible for benefits under Public
Safety Officers' Death Benefits programs.
Sec. 255. Pre-release and post-release programs for juvenile offenders.
Sec. 256. Reauthorization of juvenile accountability block grants.
Sec. 257. Sex offender management.
Sec. 258. Evidence-based approaches.
Sec. 259. Reauthorization of matching grant program for school
security.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Technical amendments relating to Public Law 107-56.
Sec. 302. Miscellaneous technical amendments.
Sec. 303. Use of Federal training facilities.
Sec. 304. Privacy officer.
Sec. 305. Bankruptcy crimes.
Sec. 306. Report to Congress on status of United States persons or
residents detained on suspicion of
terrorism.
Sec. 307. Increased penalties and expanded jurisdiction for sexual
abuse offenses in correctional facilities.
Sec. 308. Expanded jurisdiction for contraband offenses in correctional
facilities.
Sec. 309. Magistrate judge's authority to continue preliminary hearing.
Sec. 310. Technical corrections relating to steroids.
Sec. 311. Prison Rape Commission extension.
Sec. 312. Longer statute of limitation for human trafficking-related
offenses.
Sec. 313. Use of Center for Criminal Justice Technology.
Sec. 314. SEARCH grants.
Sec. 315. Reauthorization of Law Enforcement Tribute Act.
Sec. 316. Amendment regarding bullying and gangs.
Sec. 317. Transfer of provisions relating to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
Sec. 318. Reauthorize the gang resistance education and training
projects program.
Sec. 319. National training center.
Sec. 320. Sense of Congress relating to ``good time'' release.
Sec. 321. Public employee uniforms.
Sec. 322. Officially approved postage.
Sec. 323. Authorization of additional appropriations.
Sec. 324. Assistance to courts.
Sec. 325. Study and report on correlation between substance abuse and
domestic violence at domestic violence
shelters.
Sec. 326. Reauthorization of State criminal alien assistance program.
TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005
Sec. 401. Short title.
Sec. 402. Definitions and requirements for programs relating to
violence against women.
TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE
Sec. 501. STOP grants improvements.
Sec. 502. Grants to encourage arrest and enforce protection orders
improvements.
Sec. 503. Legal assistance for victims improvements.
Sec. 504. Court training and improvements.
Sec. 505. Full faith and credit improvements.
Sec. 506. Privacy protections for victims of domestic violence, dating
violence, sexual violence, and stalking.
Sec. 507. Stalker database.
Sec. 508. Victim assistants for District of Columbia.
Sec. 509. Preventing cyberstalking.
Sec. 510. Repeat offender provision.
Sec. 511. Prohibiting dating violence.
Sec. 512. GAO study and report.
TITLE VI--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 601. Technical amendment to Violence Against Women Act.
Sec. 602. Sexual assault services program.
Sec. 603. Amendments to the rural domestic violence and child abuse
enforcement assistance program.
Sec. 604. Assistance for victims of abuse.
Sec. 605. GAO study of National Domestic Violence Hotline.
Sec. 606. Grants for outreach to underserved populations.
TITLE VII--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 701. Services and justice for young victims of violence.
Sec. 702. Grants to combat violent crimes on campuses.
Sec. 703. Safe havens.
Sec. 704. Grants to combat domestic violence, dating violence, sexual
assault, and stalking in middle and high
schools.
TITLE VIII--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN
THE HOME
Sec. 801. Preventing violence in the home.
TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE
Sec. 900. Short title; references to VAWA-2000; regulations.
Subtitle A--Victims of Crime
Sec. 901. Conditions applicable to U and T visas.
Sec. 902. Clarification of basis for relief under hardship waivers for
conditional permanent residence.
Sec. 903. Adjustment of status for victims of trafficking.
Subtitle B--VAWA Petitioners
Sec. 911. Definition of VAWA petitioner.
Sec. 912. Self-petitioning for children.
Sec. 913. Self-petitioning parents.
Sec. 914. Promoting consistency in VAWA adjudications.
Sec. 915. Relief for certain victims pending actions on petitions and
applications for relief.
Sec. 916. Access to VAWA protection regardless of manner of entry.
Sec. 917. Eliminating abusers' control over applications for
adjustments of status.
Sec. 918. Parole for VAWA petitioners and for derivatives of
trafficking victims.
Sec. 919. Exemption of victims of domestic violence, sexual assault and
trafficking from sanctions for failure to
depart voluntarily.
Sec. 920. Clarification of access to naturalization for victims of
domestic violence.
Sec. 921. Prohibition of adverse determinations of admissibility or
deportability based on protected
information.
Sec. 922. Information for K nonimmigrants about legal rights and
resources for immigrant victims of domestic
violence.
Sec. 923. Authorization of appropriations.
Subtitle C--Miscellaneous Provisions
Sec. 931. Removing 2 year custody and residency requirement for
battered adopted children.
Sec. 932. Waiver of certain grounds of inadmissibility for VAWA
petitioners.
Sec. 933. Employment authorization for battered spouses of certain
nonimmigrants.
Sec. 934. Grounds for hardship waiver for conditional permanent
residence for intended spouses.
Sec. 935. Cancellation of removal.
Sec. 936. Motions to reopen.
Sec. 937. Removal proceedings.
Sec. 938. Conforming relief in suspension of deportation parallel to
the relief available in VAWA-2000
cancellation for bigamy.
Sec. 939. Correction of cross-reference to credible evidence
provisions.
Sec. 940. Prohibiting abusers from sponsoring family immigrants.
Sec. 941. Technical corrections.
TITLE X--SAFETY ON TRIBAL LANDS
Sec. 1001. Purposes.
Sec. 1002. Consultation.
Sec. 1003. Analysis and research on violence on tribal lands.
Sec. 1004. Tracking of violence on tribal lands.
Sec. 1005. Tribal Division of the Office on Violence Against Women.
Sec. 1006. GAO report to Congress on status of prosecution of sexual
assault and domestic violence on tribal
lands.
TITLE XI--PUBLIC AWARENESS CAMPAIGN REGARDING DOMESTIC VIOLENCE AGAINST
PREGNANT WOMEN
Sec. 1101. Public awareness campaign.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. 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.
(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. 102. 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.
(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.
(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. 103. 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 pardon
and 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.
(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.
SEC. 104. 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
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. 105. ORGANIZED RETAIL THEFT.
(a) National Data.--(1) The Attorney General and the Federal Bureau
of Investigation 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 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. 106. UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE.
(a) Task Force.--(1) The Attorney General shall establish the
United States-Mexico Border Violence Task Force in Laredo, Texas, to
combat drug 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 trafficking, violence, and
kidnapping along the border between the United States and
Mexico.
SEC. 107. NATIONAL GANG INTELLIGENCE CENTER.
(a) 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;
(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.
TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies
SEC. 201. 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 (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. 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 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. 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 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. APPLICATIONS.
``To 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) 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) 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) 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) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer 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. 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. RULES.
``The Attorney General shall issue rules to carry out this subpart.
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. 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)--
``(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) 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) 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 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 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) 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. RESERVED FUNDS.
``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.
``SEC. 507. 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) Repayment.--A State or unit of local government that
fails to expend an entire amount (including interest on such
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. INCLUSION OF INDIAN TRIBES.
``In this subpart, the term `State' includes an Indian tribal
government.
``SEC. 509. 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
(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) 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) 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.
SEC. 202. 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. 203. 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. 204. 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. 205. 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:
``(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. 206. 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''.
Subtitle B--Building Community Capacity to Prevent, Reduce, and Control
Crime
SEC. 211. 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. 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. 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--
``(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--
``(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--
``(A) shall use not less than 40 percent of the
grant amounts for Seeding activities under subsection
(a)(2); and
``(B) 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 be
available for programs or services provided in the community.
``SEC. 105. INCLUSION OF INDIAN TRIBES.
``For purposes of sections 103 and 104, the term `State' includes
an Indian tribal government.''.
(b) 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) Effective Date.--This section and the amendments made by this
section take effect 90 days after the date of the enactment of this
Act.
Subtitle C--Assisting Victims of Crime
SEC. 221. 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. 222. 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--
``(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. 223. 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. 224. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST
WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS.
(a) Clarification of Specific Purposes.--Section 2001(b) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(b)) is amended in the matter preceding paragraph (1) by
inserting after ``violent crimes against women'' the following: ``to
develop and strengthen victim services in cases involving violent
crimes against women''.
(b) 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 (a), by striking ``to States'' and all
that follows through ``tribal governments'';
(2) in subsection (c)(3)(A), by striking ``police'' and
inserting ``law enforcement''; and
(3) 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''.
(c) 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. 225. 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 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.--Section 1301(d)(1) 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 the enactment of this Act, and not
later than 180 days after the last day of each fiscal year
thereafter,'' and inserting ``Not later than one month after the end of
each even-numbered fiscal year,''.
SEC. 226. 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;
(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.
Subtitle D--Preventing Crime
SEC. 231. 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. 232. 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).
(b) Technical Assistance and Training.--Such section is further
amended by adding at the end the following new subsection:
``(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.''.
SEC. 233. 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. 234. 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 `jail-based substance
abuse treatment program' means a course of individual and group
activities, lasting for a period of not less than 3 months, in an area
of a correctional facility set apart from the general population of the
correctional facility, if those activities are--
``(1) directed at the substance abuse problems of the
prisoners; and
``(2) intended to develop the cognitive, behavioral, and
other skills of prisoners in order to address the substance
abuse and related problems of prisoners.''.
SEC. 235. 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--
``(1) to implement or continue to require urinalysis or
other proven reliable forms of testing, including both periodic
and random testing--
``(A) 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
``(B) of an individual released from a residential
substance abuse treatment program if the individual
remains in the custody of the State; and
``(2) to require, as a condition of participation in the
treatment program, that such testing indicate that the
individual has not used a controlled substance for at least the
three-month period prior to the date the individual receives
such testing to enter the treatment program.''.
(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) in paragraph (1), by striking ``To be eligible for a
preference under this part'' and inserting ``To be eligible to
receive funds under this part''.
(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.''.
Subtitle E--Other Matters
SEC. 241. 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) Audits and Reports on ATFE Undercover Investigative
Operations.--Section 102(b) of the Department of Justice and Related
Agencies Appropriations Act, 1993 (28 U.S.C. 533 note), as in effect
pursuant to section 815(d) of the Antiterrorism and Effective Death
Penalty Act of 1996 (28 U.S.C. 533 note) 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.
SEC. 242. 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. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-OFFENDER
REGISTRATION LAWS.
(a) 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. 244. 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 of title XXI (42
U.S.C. 14161).
SEC. 245. 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''.
(3) Repeal of appellate court review.--Section 804 (42
U.S.C. 3785) of such part is repealed.
SEC. 246. 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. 247. 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. 248. 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. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
``(a) Establishment.--
``(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 performance audits 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). 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) Performance Audits Required.--
``(1) In general.--The Director shall select grants awarded
under the programs covered by subsection (b) and carry out
performance audits 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 performance audits.--The performance audit
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 performance audit 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) 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 activities of the Office of
Audit, Assessment, and Management as authorized by this section.''.
(b) 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. 249. 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. 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). 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.
``(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 5 percent of all
funding made available for a fiscal year for the programs covered by
section 105(b) shall be reserved for the activities of the Community
Capacity Development Office as authorized by this section.''.
(b) 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. 250. 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. 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.''.
(b) 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. 251. 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. 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) 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. 252. 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) 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
(2) all contracts and purchase orders used in carrying out
those activities are processed through a single procurement
system.
(c) 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) 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, 2005, 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. 253. 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;
``(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. 254. 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.
(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:
``(m) In any case in which the Bureau paid, before the date of the
enactment of Public Law 107-196, any benefit under this part to an
individual who--
``(1) before the enactment of that law was entitled to
receive that benefit; and
``(2) by reason of the retroactive effective date of that
law is no longer entitled to receive that benefit,
the Bureau may suspend or end activities to collect that benefit if the
Bureau determines that collecting that benefit is impractical or would
cause undue hardship to that individual.''.
(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, provided that
such individual survived such officer; or''.
SEC. 255. 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. 256. 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. 257. 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.''.
SEC. 258. 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. 259. 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,''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. 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 amended, effective on the date of the enactment of that section, by
striking ``title 18'' and inserting ``title 28''.
SEC. 302. 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 is amended by striking subsection (c).
SEC. 303. USE OF FEDERAL TRAINING FACILITIES.
(a) Federal Training Facilities.--Unless specifically authorized in
writing 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. 304. PRIVACY OFFICER.
(a) 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--
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of personally identifiable information;
(2) assuring that personally identifiable information
contained in systems of records is handled in full compliance
with fair information practices as set out in section 552a of
title 5, United States Code;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personally
identifiable information by the Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the Department on the privacy of personally
identifiable information, including the type of personally
identifiable information collected and the number of people
affected;
(5) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including
complaints of privacy violations, implementation of section
552a of title 5, United States Code, internal controls, and
other relevant matters;
(6) ensuring that the Department protects personally
identifiable information and information systems from
unauthorized access, use, disclosure, disruption, modification,
or destruction in order to provide--
(A) integrity, which means guarding against
improper information modification or destruction, and
includes ensuring information nonrepudiation and
authenticity;
(B) confidentially, which means preserving
authorized restrictions on access and disclosure,
including means for protecting personal privacy and
proprietary information;
(C) availability, which means ensuring timely and
reliable access to and use of that information; and
(D) authentication, which means utilizing digital
credentials to assure the identity of users and
validate their access; and
(7) advising the Attorney General and the Director of the
Office of Management and Budget on information security and
privacy issues pertaining to Federal Government information
systems.
(c) Review.--The Department of Justice shall review its policies to
assure that the Department treats personally identifiable information
in its databases in a manner that complies with applicable Federal law
on privacy.
SEC. 305. 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. 306. 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. 307. 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).
SEC. 308. 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. 309. 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. 310. 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. 311. 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. 312. 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''.
SEC. 313. 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; and
(3) $10,000,000 for fiscal year 2008.
SEC. 314. 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
$2,000,000 for each of fiscal years 2006 through 2009.
SEC. 315. 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. 316. 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 reseach-based bullying, cyberbullying, and
gang prevention programs;''.
SEC. 317. 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) 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 is amended--
(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 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. 599A''.
SEC. 318. 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. 319. 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. 320. 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. 321. PUBLIC EMPLOYEE UNIFORMS.
(a) In General.--Section 716 of title 18, United States Code, is
amended--
(1) by striking ``police badge'' each place it appears in
subsections (a) and (b) and inserting ``official insignia or
article of clothing'';
(2) in each of paragraphs (2) and (4) of subsection (a), by
striking ``badge of the police'' and inserting ``official
insignia or article of clothing'';
(3) in subsection (b)--
(A) by striking ``the badge'' and inserting ``the
insignia or article of clothing''; and
(B) by inserting ``is other than a counterfeit
police badge and'' before ``is used or is intended to
be used'';
(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 article of clothing'
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; and
``(4) the term `public employee' means any officer or
employee of the Federal Government or of a State or local
government.'';
(5) by adding at the end the following:
``(d) It is a defense to a prosecution under this section that
theofficial insignia or article of clothing is a counterfeit police
badge 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
clothing''.
(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 clothing''.
(c) 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 clothing
received in violation of section 716 of title 18, United States Code,
reflects the gravity of this aggravating factor.
SEC. 322. 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 to evidence
of postage payment approved by the United States Postal Service.''.
SEC. 323. 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. 324. 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. 325. 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. 326. 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) such sums as may be necessary for fiscal year
2005;
``(B) $750,000,000 for fiscal year 2006;
``(C) $850,000,000 for fiscal year 2007; and
``(D) $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 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).
TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005
SEC. 401. SHORT TITLE.
Titles IV through X of this Act may be cited as the ``Violence
Against Women Reauthorization Act of 2005''.
SEC. 402. DEFINITIONS AND REQUIREMENTS FOR PROGRAMS RELATING TO
VIOLENCE AGAINST WOMEN.
Part T of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by inserting before section 2001 (42 U.S.C. 3796gg) the
following new sections:
``SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING TO VIOLENCE AGAINST
WOMEN ARE GENDER-NEUTRAL.
``In this part, and in any other Act of Congress, unless the
context unequivocally requires otherwise, a provision authorizing or
requiring the Department of Justice to make grants, or to carry out
other activities, for assistance to victims of domestic violence,
dating violence, stalking, sexual assault, or trafficking in persons,
shall be construed to cover grants that provide assistance to female
victims, male victims, or both.
``SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION CARRIED OUT BY
VIOLENCE AGAINST WOMEN OFFICE.
``(a) In General.--In this part, and in any violence against women
provision, unless the context unequivocally requires otherwise, the
following definitions apply:
``(1) Courts.--The term `courts' means any civil or
criminal, tribal, and Alaskan Village, Federal, State, local or
territorial court having jurisdiction to address domestic
violence, dating violence, sexual assault or stalking,
including immigration, family, juvenile, and dependency courts,
and the judicial officers serving in those courts, including
judges, magistrate judges, commissioners, justices of the
peace, or any other person with decisionmaking authority.
``(2) Child maltreatment.--The term `child maltreatment'
means the physical or psychological abuse or neglect of a child
or youth, including sexual assault and abuse.
``(3) 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) Court-based and court-related personnel.--The term
`court-based' and `court-related personnel' mean persons
working in the court, whether paid or volunteer, including--
``(A) clerks, special masters, domestic relations
officers, administrators, mediators, custody
evaluators, guardians ad litem, lawyers, negotiators,
probation, parole, interpreters, victim assistants,
victim advocates, and judicial, administrative, or any
other professionals or personnel similarly involved in
the legal process;
``(B) court security personnel;
``(C) personnel working in related, supplementary
offices or programs (such as child support
enforcement); and
``(D) any other court-based or community-based
personnel having responsibilities or authority to
address domestic violence, dating violence, sexual
assault, or stalking in the court system.
``(5) Domestic violence.--The term `domestic violence'
includes felony or misdemeanor crimes of violence committed by
a current or former spouse of the victim, by a person with whom
the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a
spouse, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the
jurisdiction receiving grant monies, or by any other person
against an adult, youth, or minor victim who is protected from
that person's acts under the domestic or family violence laws
of the jurisdiction receiving grant monies.
``(6) Dating partner.--The term `dating partner' refers to
a person who is or has been in an ongoing social relationship
of a romantic or intimate nature with the abuser, and existence
of such a relationship based on a consideration of--
``(A) the length of the relationship;
``(B) the type of relationship; and
``(C) the frequency of interaction between the
persons involved in the relationship.
``(7) Dating violence.--The term `dating violence' means
violence committed by a person--
``(A) who is or has been in an ongoing 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.
``(8) Elder abuse.--The term `elder abuse' means any action
against a person who is 60 years of age or older that
constitutes the willful--
``(A) infliction of injury, unreasonable
confinement, intimidation, or cruel punishment with
resulting physical harm, pain, or mental anguish; or
``(B) deprivation by a person, including a
caregiver, of goods or services that are necessary to
avoid physical harm, mental anguish, or mental illness.
``(9) Indian.--The term `Indian' means a member of an
Indian tribe.
``(10) Indian housing.--The term `Indian housing' means
housing assistance described in the Native American Assistance
and Self-Determination Act of (25 U.S.C. 4101 et seq., as
amended).
``(11) Indian tribe.--The term `Indian tribe' means a
tribe, band, pueblo, nation, or other organized group or
community of Indians, including any Alaska Native village or
regional or village corporation (as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.)), that is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.
``(12) Indian law enforcement.--The term `Indian law
enforcement' means the departments or individuals under the
direction of the Indian tribe that maintain public order.
``(13) 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).
``(14) Legal assistance.--The term `legal assistance'--
``(A) includes assistance to adult, youth, and
minor victims of domestic violence, dating violence,
sexual assault, and stalking in--
``(i) family, tribal, territorial,
immigration, employment, administrative agency,
housing matters, campus administrative or
protection or stay away order proceedings, and
other similar matters; and
``(ii) criminal justice investigations,
prosecutions and post-trial matters (including
sentencing, parole, and probation) that impact
the victim's safety and privacy, subject to
subparagraph (B); and
``(B) does not include representation of a
defendant in a criminal or juvenile proceeding.
``(15) Linguistically and culturally specific services.--
The term `linguistically and culturally specific services'
means community-based services that offer full linguistic
access and culturally specific services and resources,
including outreach, collaboration, and support mechanisms
primarily directed toward racial and ethnic populations and
other underserved communities.
``(16) 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.
``(17) 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).
``(18) Protection order or restraining order.--The term
`protection order' or `restraining order' includes--
``(A) any injunction, restraining order, or any
other order issued by a civil or criminal court for the
purpose of preventing violent or threatening acts or
harassment against, sexual violence or contact or
communication with or physical proximity to, another
person, including any temporary or final orders issued
by civil or criminal courts whether obtained by filing
an independent action or as a pendente lite order in
another proceeding so long as any civil order was
issued in response to a complaint, petition, or motion
filed by or on behalf of a person seeking protection;
and
``(B) any support, child custody or visitation
provisions, orders, remedies, or relief issued as part
of a protection order, restraining order, or stay away
injunction pursuant to State, tribal, territorial, or
local law authorizing the issuance of protection
orders, restraining orders, or injunctions for the
protection of victims of domestic violence, dating
violence, sexual assault, or stalking.
``(19) Rural area and rural community.--The terms `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.
``(20) 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.
``(21) 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.
``(22) 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.
``(23) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and except as otherwise provided, Guam, American Samoa,
the Virgin Islands, and the Northern Mariana Islands.
``(24) 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)).
``(25) 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.).
``(26) Territorial domestic violence or sexual assault
coalition.--The term `territorial domestic violence or sexual
assault coalition' means a program addressing domestic violence
or sexual assault 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.
``(27) Tribal coalition.--The term `tribal coalition'
means--
``(A) an established nonprofit, nongovernmental
tribal coalition addressing domestic violence and
sexual assault against American Indian and Alaskan
Native women; or
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal
coalitions to address domestic violence and sexual
assault against American Indian and Alaskan Native
women.
``(28) 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.
``(29) 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.
``(30) 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.
``(31) 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.
``(32) Victim assistant.--The term `victim assistant' means
a person, whether paid or serving as a volunteer, who provides
services to victims of domestic violence, sexual assault,
stalking, or dating violence under the auspices or supervision
of a court or a law enforcement or prosecution agency.
``(33) 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, or a demonstrated
capacity to work effectively in collaboration with an
organization with a documented history of effective work,
concerning domestic violence, dating violence, sexual assault,
or stalking.
``(34) Youth.--The term `youth' means teen and young adult
victims of domestic violence, dating violence, sexual assault,
or stalking.
``(b) Violence Against Women Provision.--In this section, the term
`violence against women provision' means any provision required by law
to be carried out by or through the Violence Against Women Office.
``SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT PROGRAM CARRIED OUT
BY VIOLENCE AGAINST WOMEN OFFICE.
``(a) In General.--In carrying out grants under this part, and in
carrying out grants under any other violence against women grant
program, the Director of the Violence Against Women Office shall ensure
each of the following:
``(1) Nondisclosure of confidential or private
information.--
``(A) In general.--In order to ensure the safety of
adult, youth, and minor victims of domestic violence,
dating violence, sexual assault, or stalking, and their
families, each grantee and subgrantee shall reasonably
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 or 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 or is requested by a Member of Congress--
``(i) grantees and subgrantees shall make
reasonable attempts to provide notice to
victims affected by the disclosure of
information; and
``(ii) grantees and subgrantees shall take
steps necessary to protect the privacy and
safety of the persons affected by the release
of the information.
``(D) Information sharing.--Grantees and
subgrantees may share--
``(i) nonpersonally identifying data in the
aggregate regarding services to their clients
and nonpersonally identifying demographic
information in order to comply with Federal,
State, tribal, or territorial reporting,
evaluation, or data collection requirements;
``(ii) court-generated information and law-
enforcement generated information contained in
secure, governmental protection order
registries for investigation, prosecution, and
enforcement purposes; and
``(iii) law enforcement- and prosecution-
generated information necessary for law
enforcement and prosecution purposes.
``(2) Approved activities.--In carrying out activities
under the grant program, grantees and subgrantees may
collaborate with and provide information to Federal, State,
local, tribal, and territorial public officials and agencies to
develop and implement policies to reduce or eliminate domestic
violence, dating violence, sexual assault, and stalking.
``(3) Non-supplantation.--Any Federal funds received under
the grant program shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for the
activities carried out under the grant.
``(4) Use of funds.--Funds authorized and appropriated
under the grant program may be used only for the specific
purposes described in the grant program and shall remain
available until expended.
``(5) Evaluation.--Grantees must collect data for use to
evaluate the effectiveness of the program (or for use to carry
out related research), pursuant to the requirements described
in paragraph (1)(D).
``(6) 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.
``(7) Prohibition on tort litigation.--Funds appropriated
for the grant program may not be used to fund civil
representation in a lawsuit based on a tort claim. This
paragraph shall not be construed as a prohibition on providing
assistance to obtain restitution in a protection order or
criminal case.
``(b) Violence Against Women Grant Program.--In this section, the
term `violence against women grant program' means any grant program
required by law to be carried out by or through the Violence Against
Women Office.''.
TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE
SEC. 501. STOP GRANTS IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(18) 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 ``$215,000,000 for each of
fiscal years 2006 through 2010''.
(b) Purpose Area Enhancements.--Section 2001(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(b)) is amended--
(1) by striking ``, and specifically, for the purposes of--
'' and inserting ``, including collaborating with and informing
public officials and agencies in order to develop and implement
policies to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking, and specifically only
for the purposes of--'';
(2) in paragraph (5), by inserting after ``protection
orders are granted,'' the following: ``supporting nonprofit
nongovernmental victim services programs and tribal
organizations in working with public officials and agencies to
develop and implement policies, rules, and procedures in order
to reduce or eliminate domestic violence, dating violence,
sexual assault, and stalking,'';
(3) in paragraph (10), by striking ``and'' after the
semicolon; and
(4) 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; and
``(13) 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;
``(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.''.
(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 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''; and
(2) in subsection (e)(2), by striking subparagraph (D) and
inserting the following:
``(D) recognize and meaningfully respond to the
needs of 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, and ensure that
monies set aside to fund services and activities for
those 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), as
amended by subsection (c), is further amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``5 percent'' and
inserting ``10 percent'';
(B) in paragraph (2), by striking ``\1/54\'' and
inserting ``\1/56\'';
(C) in paragraph (3), by striking ``and the
coalition for the combined Territories of the United
States, each receiving an amount equal to \1/54\'' and
inserting ``coalitions for Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands, each receiving an amount
equal to \1/56\'';
(D) in paragraph (4), by striking ``\1/54\'' and
inserting ``\1/56\'';
(E) in paragraph (5), by striking ``and'' after the
semicolon;
(F) in paragraph (6), by striking the period and
inserting ``; and''; and
(G) by adding at the end:
``(7) such funds shall remain available until expended.'';
(2) in subsection (c)(3)(B), by inserting after ``victim
services'' the following: ``, of which at least 10 percent
shall be distributed to culturally specific community-based
organizations''; and
(3) in subsection (d)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) a memorandum of understanding showing that tribal,
territorial, State, or local prosecution, law enforcement, and
court and victim service provider subgrantees have consulted
with tribal, territorial, State, or local victim services
programs during the course of developing their grant
applications in order to ensure that proposed services,
activities and equipment acquisitions are designed to promote
the safety, confidentiality, and economic independence of
victims of domestic violence, sexual assault, stalking, and
dating violence.''.
(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), as amended by this section, is further amended by
adding at the end the following:
``(i) Training, Technical Assistance, and Data Collection.--
``(1) In general.--Of the total amounts appropriated under
this part, not less than 3 percent and up to 8 percent shall be
available for providing training, technical assistance, and
data collection relating to the purpose areas of this part to
improve the capacity of grantees, subgrantees, and other
entities to offer services and assistance to victims of
domestic violence, sexual assault, stalking, and dating
violence.
``(2) Indian training.--The Director of the Violence
Against Women Office shall ensure that training, technical
assistance, and data collection regarding violence against
Indian women will be developed and provided by entities having
expertise in tribal law and culture.
``(j) Limits on Internet Publication of Registration Information.--
As a condition of receiving grant amounts under this part, the
recipient 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 law enforcement generated information contained
in secure, governmental registries for protection order enforcement
purposes.''.
(f) Availability of Forensic Medical Exams.--Section 2010 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4)
is amended by adding at the end the following:
``(c) Use of Funds.--A State or Indian tribal government may use
Federal grant funds under this part to pay for forensic medical exams
performed by trained examiners for victims of sexual assault, except
that such funds may not be used to pay for forensic medical exams by
any State or Indian tribal government that requires victims of sexual
assault to seek reimbursement for such exams from their insurance
carriers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a State or Indian Tribal government to require a
victim of sexual assault to participate in the criminal justice system
or cooperate with law enforcement in order to be provided with a
forensic medical exam, reimbursement for charges incurred on account of
such an exam, or both.''.
(g) Polygraph Testing Prohibition.--(1) Part T of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is
amended by adding at the end the following new section:
``SEC. 2012. POLYGRAPH TESTING PROHIBITION.
``In order to be eligible for grants under this part, a State,
Indian tribal government, or unit of local government must certify
within three years of enactment of the Violence Against Women
Reauthorization Act of 2005 must certify 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 minor victim of a sex offense as defined under Federal,
tribal, State, territorial or local law to submit to a polygraph
examination or similar truth-telling device or method as a condition
for proceeding with the investigation, charging or prosecution of such
an offense. A victim's refusal to submit to the aforementioned shall
not prevent the investigation, charging or prosecution of the pending
case.''.
(2) Compliance.--Section 2007(d) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-l(d)) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (4) the following:
``(4) proof of compliance with the requirements regarding
polygraph testing provided in section 2012.''.
(h) No Matching Requirement.--Part T of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is further
amended by adding at the end the following new section:
``SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN GRANTEES.
``No matching funds shall be required for a grant or subgrant made
under this part, if made--
``(1) to a law enforcement agency having fewer than 20
officers;
``(2) to a victim service provider having an annual
operating budget of less than $5,000,000; or
``(3) to any entity that the Attorney General determines
has adequately demonstrated financial need.''.
SEC. 502. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS
IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(19) 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 ``$65,000,000 for each of
fiscal years 2006 through 2010. Funds appropriated under this paragraph
shall remain available until expended.''.
(b) Grantee Requirements.--Section 2101 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (a), by striking ``to treat domestic
violence as a serious violation'' and inserting ``to treat
domestic violence, dating violence, sexual assault, and
stalking as serious violations'';
(2) in subsection (b)--
(A) in the matter before paragraph (1), by
inserting after ``State'' the following: ``, tribal,
territorial,'';
(B) in paragraph (1), by striking ``mandatory
arrest or'';
(C) in paragraph (2), by--
(i) inserting after ``educational
programs,'' the following: ``protection order
registries,''; and
(ii) striking ``domestic violence and
dating violence.'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking. Such policies, educational programs,
registries, and training shall incorporate
confidentiality and privacy protections for
victims of domestic violence, dating violence,
sexual assault, and stalking.'';
(D) in paragraph (3), by--
(i) striking ``domestic violence cases''
and inserting ``domestic violence, dating
violence, sexual assault, and stalking cases'';
and
(ii) striking ``groups'' and inserting
``teams'';
(E) in paragraph (5), by striking ``domestic
violence and dating violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking'';
(F) in paragraph (6), by--
(i) striking ``other'' and inserting
``civil''; and
(ii) inserting after ``domestic violence''
the following: ``, dating violence, sexual
assault, and stalking''; and
(G) by adding at the end the following:
``(9) To enhance and support the capacity of victims
services programs to collaborate with and inform efforts by
State and local jurisdictions and public officials and agencies
to develop best practices and policies regarding arrest of
domestic violence, dating violence, sexual assault, and
stalking offenders and to strengthen protection order
enforcement and to reduce or eliminate domestic violence,
dating violence, sexual assault, and stalking.
``(10) To develop State, tribal, territorial, or local
policies, procedures, and protocols for preventing dual arrests
and prosecutions in cases of domestic violence, dating
violence, sexual assault, and stalking and to develop effective
methods for identifying the pattern and history of abuse that
indicates which party is the actual perpetrator of abuse.
``(11) To plan, develop and establish comprehensive victim
service and support centers, such as family justice centers,
designed to bring together victim advocates from non-profit,
non-governmental victim services organizations, law enforcement
officers, prosecutors, probation officers, governmental victim
assistants, forensic medical professionals, civil legal
attorneys, chaplains, legal advocates, representatives from
community-based organizations and other relevant public or
private agencies or organizations into one centralized
location, in order to improve safety, access to services, and
confidentiality for victims and families. Although funds may be
used to support the co-location of project partners, funds may
not support construction or major renovation expenses or
activities that fall outside of the scope of the other
statutory purpose areas.
``(12) 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.
``(13) To develop, to enhance, and to maintain protection
order registries.'';
(3) in subsection (c)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) certify that within three years of enactment of the
Violence Against Women Reauthorization Act of 2005 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 minor victim of a sex
offense as defined under Federal, tribal, State,
territorial, or local law to submit to a polygraph
examination or other truth telling device as a
condition for proceeding with the investigation,
charging or prosecution of such an offense; and
``(B) the refusal of a victim to submit to an
examination described in subparagraph (A) shall not
prevent the investigation, charging or prosecution of
the offense.''; and
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Allotment for Indian Tribes.--Not less than 10 percent of the
total amount made available for grants under this section for each
fiscal year shall be available for grants to Indian tribal
governments.''.
(c) Applications.--Section 2102(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(b)) is amended in each of
paragraphs (1) and (2) by inserting after ``involving domestic
violence'' the following: ``, dating violence, sexual assault, or
stalking''.
(d) Training, Technical Assistance, and Data Collection.--Part U of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh et seq.) is amended by adding at the end the following:
``SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.
``Of the total amounts appropriated under this part, not less than
5 percent and up to 8 percent shall be available for providing
training, technical assistance, and data collection relating to the
purpose areas of this part to improve the capacity of grantees,
subgrantees, and other entities.''.
SEC. 503. 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, youth, and minor''; and
(C) striking ``domestic violence, dating violence,
stalking, or sexual assault'' and inserting ``domestic
violence, dating violence, sexual assault, or
stalking'';
(2) in subsection (c), by striking ``private nonprofit
entities, Indian tribal governments,'' and inserting
``nonprofit, nongovernmental organizations, Indian tribal
governments and tribal organizations, territorial
organizations,'';
(3) in each of paragraphs (1), (2), and (3) of subsection
(c), by striking ``victims of domestic violence, stalking, and
sexual assault'' and inserting ``victims of domestic violence,
dating violence, sexual assault, and stalking'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``domestic
violence, dating violence, or sexual assault'' and
inserting ``domestic violence, dating violence, sexual
assault, or stalking''; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed with
input from and in collaboration with a tribal, State,
territorial, or local domestic violence, dating violence,
sexual assault or stalking organization or coalition, as well
as appropriate tribal, State, territorial, and local law
enforcement officials;
``(3) any person or organization providing legal assistance
through a program funded under subsection (c) has informed and
will continue to inform tribal, State, territorial, or local
domestic violence, dating violence, sexual assault or stalking
organizations and coalitions, as well as appropriate tribal,
State, territorial, and local law enforcement officials of
their work; and''; and
(5) in subsection (f)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--There is authorized to be appropriated
to carry out this section $55,000,000 for each of fiscal years
2006 through 2010. Funds appropriated under this section shall
remain available until expended and may be used only for the
specific programs and activities described in this section.
Funds appropriated under this section may not be used for
advocacy.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by--
(I) striking ``5 percent'' and
inserting ``10 percent'';
(II) striking ``programs'' and
inserting ``tribal governments or
tribal organizations'';
(III) inserting ``adult, youth, and
minor'' after ``that assist''; and
(IV) striking ``domestic violence,
dating violence, stalking, and sexual
assault'' and inserting ``domestic
violence, dating violence, sexual
assault, and stalking''; and
(ii) in subparagraph (B), by striking
``technical assistance to support projects
focused solely or primarily on providing legal
assistance to victims of sexual assault'' and
inserting ``technical assistance in civil and
crime victim matters to adult, youth, and minor
victims of sexual assault''.
SEC. 504. COURT TRAINING AND IMPROVEMENTS.
The Violence Against Women Act of 1994 is amended by adding after
subtitle I (42 U.S.C. 14042) the following:
``Subtitle J--Violence Against Women Act Court Training and
Improvements
``SEC. 41001. SHORT TITLE.
``This subtitle may be cited as the `Violence Against Women Act
Court Training and Improvements Act of 2005'.
``SEC. 41002. GRANTS FOR COURT TRAINING AND IMPROVEMENTS.
``(a) Purpose.--The purpose of this section 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, youth, and
minor domestic violence, dating violence, sexual assault, and stalking
to be used for the following purposes--
``(1) improved internal civil and criminal court functions,
responses, practices, and procedures;
``(2) education for court-based and court-related personnel
on issues relating to victims' needs, including safety,
security, privacy, confidentiality and economic independence,
as well as information about perpetrator behavior and best
practices for holding perpetrators accountable;
``(3) collaboration and training with Federal, State, and
local public agencies and officials and nonprofit, non-
governmental organizations to improve implementation and
enforcement of relevant Federal, State, tribal, territorial and
local law;
``(4) to enable courts or court-based or court-related
programs to develop new or enhance current--
``(A) court infrastructure (such as specialized
courts, dockets, intake centers, or interpreter
services and linguistically and culturally specific
services, or a court system dedicated to the
adjudication of domestic violence cases);
``(B) community-based initiatives within the court
system (such as court watch programs, victim advocates,
or community-based supplementary services);
``(C) offender management, monitoring, and
accountability programs;
``(D) safe and confidential information-storage and
-sharing databases within and between court systems;
``(E) education and outreach programs (such as
interpreters) to improve community access, including
enhanced access for 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;
and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking;
``(5) to provide training, technical assistance, and data
collection to tribal, Federal, State, territorial or local
courts wishing to improve their practices and procedures or to
develop new programs; and
``(6) to provide training for specialized service
providers, such as interpreters.
``(b) Grant Requirements.--Grants awarded under this section shall
be subject to the following conditions:
``(1) Eligible grantees.--Eligible grantees may include--
``(A) tribal, Federal, State, territorial or local
courts or court-based programs, provided that the
court'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; and
``(B) national, tribal, State, or local private,
nonprofit organizations with demonstrated expertise in
developing and providing judicial education about
domestic violence, dating violence, sexual assault, or
stalking.
``(2) Conditions of eligibility for certain grants.--
``(A) Court programs.--To be eligible for a grant
under subsection (a)(4), applicants shall certify in
writing that any courts or court-based personnel
working directly with or making decisions about adult,
youth, or minor parties experiencing domestic violence,
dating violence, sexual assault, and stalking have
completed or will complete education about domestic
violence, dating violence, sexual assault, and
stalking.
``(B) Education programs.--To be eligible for a
grant under subsection (a)(2), applicants shall certify
in writing that any education program developed under
subsection (a)(2) 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.
``(c) Evaluation.--
``(1) In general.--The Attorney General, through the
Director of the Office on Violence Against Women, may evaluate
the grants funded under this section.
``(2) Tribal grantees.--Evaluation of tribal grantees under
this section shall be conducted by entities with expertise in
Federal Indian law and tribal court practice.
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $4,000,000 for each of fiscal years
2006 to 2010.
``(2) Set aside.--Of the amounts made available under this
section in each fiscal year, not less than 10 percent shall be
used for grants to tribes.
``SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CURRICULA.
``(a) National Curricula.--
``(1) In general.--The Attorney General, through the
Director of the Office on Violence Against Women, shall fund
efforts to develop a national education curriculum for use by
State and national judicial educators to ensure that all courts
and court personnel have access to information about relevant
Federal, State, territorial, or local law, promising practices,
procedures, and policies regarding court responses to adult,
youth, and minor domestic violence, dating violence, sexual
assault, and stalking.
``(2) Eligible entities.--Any curricula developed under
this subsection--
``(A) 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
``(B) if the primary grantee does not have
demonstrated expertise such issues, the curricula shall
be developed by the primary grantee in partnership with
an organization having such expertise.
``(b) Tribal Curricula.--
``(1) 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, youth, and minor domestic violence, dating
violence, sexual assault, and stalking.
``(2) Eligible entities.--Any curricula developed under
this subsection--
``(A) shall be developed by a tribal organization
having demonstrated expertise in developing judicial
education curricula on issues relating to domestic
violence, dating violence, sexual assault, and
stalking; and
``(B) 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.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $1,000,000 for each of fiscal years
2006 to 2010.
``(2) 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 section.
``(3) Set aside.--Of the amounts made available under this
section in each fiscal year, not less than 10 percent shall be
used for grants to tribes.
``SEC. 41004. ACCESS TO JUSTICE FOR TEENS.
``(a) Purpose.--It is the purpose of this section to encourage
cross training and collaboration between the courts, domestic violence
and sexual assault service providers, youth organizations and service
providers, violence prevention programs, and law enforcement agencies,
so that communities can establish and implement policies, procedures,
and practices to protect and more comprehensively and effectively serve
youth victims of dating violence, domestic violence, sexual assault,
and stalking between the ages of 12 and 24, and to engage, where
necessary, other entities addressing the safety, health, mental health,
social service, housing, and economic needs of youth victims of
domestic violence, dating violence, sexual assault, and stalking.
``(b) Grant Authority.--
``(1) In general.--The Attorney General, through the
Director of the Violence Against Women Office (in this section
referred to as the `Director'), shall make grants to eligible
entities to enable entities to jointly carry out cross training
and other collaborative initiatives that seek to carry out the
purposes of this section. Amounts appropriated under this
section may only be used for programs and activities described
under subsection (c).
``(2) Grant periods.--Grants shall be awarded under this
section for a period of 3 fiscal years.
``(3) Eligible entities.--To be eligible for a grant under
this section, a grant applicant shall establish a collaboration
that shall include--
``(A) a Tribal, State, Territorial or local
juvenile, family, civil, criminal or other trial court
with jurisdiction over domestic violence, dating
violence, sexual assault or stalking cases (hereinafter
referred to as `courts'); and
``(B) a victim service provider that has experience
in working on domestic violence, dating violence,
sexual assault, or stalking and the effect that those
forms of abuse have on young people.
``(c) Uses of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant for cross-
training and collaborative efforts to--
``(1) assess and analyze currently available services for
youth victims of domestic violence, dating violence, sexual
assault, and stalking, determine relevant barriers to such
services in a particular locality;
``(2) establish and enhance linkages and collaboration
between courts, domestic violence or sexual assault service
providers, and, where applicable, law enforcement agencies, and
other entities addressing the safety, health, mental health,
social service, housing, and economic needs of youth victims of
domestic violence, dating violence, sexual assault or stalking,
including community-based supports such as schools, local
health centers, community action groups, and neighborhood
coalitions to identify, assess, and respond appropriately to
the varying needs of youth victims of dating violence, domestic
violence, sexual assault or stalking;
``(3) educate the staff of courts, domestic violence and
sexual assault service providers, and, as applicable, the staff
of law enforcement agencies, youth organizations, schools,
healthcare providers and other community prevention and
intervention programs to responsibly address youth victims and
perpetrators of domestic violence, dating violence, sexual
assault and stalking, and to understand relevant laws, court
procedures and policies; and
``(4) provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault and stalking and ensure necessary services
dealing with the health and mental health of youth victims are
available.
``(d) Grant Applications.--To be eligible for a grant under this
section, the entities that are members of the applicant collaboration
described in subsection (b)(3) shall jointly submit an application to
the Director at such time, in such manner, and containing such
information as the Director may require.
``(e) Priority.--In awarding grants under this section, the
Director shall give priority to entities that have submitted
applications in partnership with law enforcement agencies and religious
and community organizations and service providers that work primarily
with youth, especially teens, and who have demonstrated a commitment to
coalition building and cooperative problem solving in dealing with
problems of dating violence, domestic violence, sexual assault, and
stalking in teen populations.
``(f) Distribution.--In awarding grants under this section--
``(1) not less than 10 percent of funds appropriated under
this section in any year shall be available for grants to
collaborations involving tribal courts, tribal coalitions,
tribal organizations, or domestic violence or sexual assault
service providers the primary purpose of which is to provide
culturally relevant services to American Indian or Alaska
Native women or youth;
``(2) the Attorney General shall not use more than 2.5
percent of funds appropriated under this section in any year
for monitoring and evaluation of grants made available under
this section;
``(3) the Attorney General shall not use more than 2.5
percent of funds appropriated under this section in any year
for administration of grants made available under this section;
and
``(4) up to 8 percent of funds appropriated under this
section in any year shall be available to provide training,
technical assistance, and data collection for programs funded
under this section.
``(g) Reports.--
``(1) Reports.--Each of the entities that are members of
the applicant collaboration described in subsection (b)(3) and
that receive a grant under this section shall jointly prepare
and submit a report to the Attorney General detailing the
activities that the entities have undertaken under the grant
and such additional information as the Attorney General may
require. Each such report shall contain information on the
activities implemented by the recipients of the grants awarded
under this section.
``(h) 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.''.
SEC. 505. FULL FAITH AND CREDIT IMPROVEMENTS.
(a) Enforcement of Protection Orders Issued by Territories.--
Section 2265 of title 18, United States Code, is amended--
(1) by striking ``State or Indian tribe'' each place it
appears and inserting ``State, Indian tribe, or territory'';
(2) by striking ``State or tribal'' each place it appears
and inserting ``State, tribal, or territorial''; and
(3) in subsection (a) by striking ``State or tribe'' and
inserting ``State, Indian tribe, or territory''.
(b) Clarification of Entities Having Enforcement Authority and
Responsibilities.--Section 2265(a) of title 18, United States Code, is
amended by striking ``and enforced as if it were'' and inserting ``and
enforced by the court and law enforcement personnel of the other State,
Indian tribal government, or Territory as if it were''.
(c) Protection Orders.--Sections 2265 and 2266 of title 18, United
States Code, are both amended by striking ``protection order'' each
place it appears and inserting ``protection order, restraining order,
or injunction''.
(d) Definitions.--Section 2266 of title 18, United States Code, is
amended by striking paragraph (5) and inserting the following:
``(5) Protection order, restraining order, or injunction.--
The term `protection order, restraining order, or injunction'
includes--
``(A) any injunction or other order issued by a
civil or criminal court for the purpose of preventing
violent or threatening acts or harassment against,
sexual violence, or contact or communication with or
physical proximity to, another person, including any
temporary or final order issued by a civil or criminal
court whether obtained by filing an independent action
or as a pendente lite order in another proceeding so
long as any civil or criminal order was issued in
response to a complaint, petition, or motion filed by
or on behalf of a person seeking protection; and
``(B) any support, child custody or visitation
provisions, orders, remedies or relief issued as part
of a protection order, restraining order, or injunction
pursuant to State, tribal, territorial, or local law
authorizing the issuance of protection orders,
restraining orders, or injunctions for the protection
of victims of domestic violence, sexual assault, dating
violence, or stalking.''.
SEC. 506. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL VIOLENCE, AND STALKING.
The Violence Against Women Act of 1994, as amended by this Act, is
further amended by adding after subtitle J (as added by section 504)
the following:
``Subtitle K--Privacy Protections for Victims of Domestic Violence,
Dating Violence, Sexual Violence, and Stalking
``SEC. 41101. TASK FORCE.
``The Attorney General shall establish a task force to review and
report on policies, procedures, and technological issues that may
affect the privacy and confidentiality of victims of domestic violence,
dating violence, stalking and sexual assault. The Attorney General
shall include representatives from States, tribes, territories, law
enforcement, court personnel, and private nonprofit organizations whose
mission is to help develop a best practices model to prevent personally
identifying information of adult, youth, and minor victims of domestic
violence, dating violence, stalking and sexual assault from being
released to the detriment of such victimized persons. The Attorney
General shall designate one staff member to work with the task force.
The Attorney General is authorized to make grants to develop a
demonstration project to implement the best practices identified by the
Task Force.
``SEC. 41102. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $1,000,000 for each of fiscal years 2006 through
2010.
``(b) Availability.--Amounts appropriated under this section shall
remain available until expended and may only be used for the specific
programs and activities described in this subtitle.''.
SEC. 507. STALKER DATABASE.
Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C.
14032) is amended--
(1) by striking ``2001'' and inserting ``2006''; and
(2) by striking ``2005'' and inserting ``2010''.
SEC. 508. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA.
Section 40114 of the Violence Against Women Act of 1994 is amended
to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.
``There are authorized to be appropriated to the Attorney General
for the purpose of appointing victim assistants for the prosecution of
sex crimes and domestic violence crimes where applicable (such as the
District of Columbia), $1,000,000 for each of fiscal years 2006 through
2010.''.
SEC. 509. PREVENTING CYBERSTALKING.
Section 2261A of title 18, United States Code, is amended--
(1) in paragaph (1)--
(A) by inserting after ``intimidate'' the
following: ``, or places under surveillance with the
intent to kill, injure, haras, or intimidate,''; and
(B) by inserting after ``or serious bodily injury
to,'' the following: ``or causes substantial emotional
harm to,'';
(2) in paragraph (2)(A), by striking ``to kill or injure''
and inserting ``to kill, injure, harass, or intimidate, or
places under surveillance with the intent to kill, injure,
harass, or intimidate, or to cause substantial emtional harm
to,''; and
(3) in paragraph (2), in the matter following clause (iii)
of subparagraph (B)--
(A) by inserting after ``uses the mail'' the
following: ``, any interactive computer service,''; and
(B) by inserting after ``course of conduct that''
the following: ``causes substantial emotional harm to
that person or''.
SEC. 510. REPEAT OFFENDER PROVISION.
Chapter 110A of title 18, United States Code, is amended by adding
after section 2265 the following:
``Sec. 2265A. Repeat offender provision
``The maximum term of imprisonment for a violation of this chapter
after a prior interstate domestic violence offense (as defined in
section 2261) or interstate violation of protection order (as defined
in section 2262) or interstate stalking (as defined in sections
2261A(a) and 2261A(b)) shall be twice the term otherwise provided for
the violation.''.
SEC. 511. PROHIBITING DATING VIOLENCE.
(a) Offense.--Section 2261(a) of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``or intimate partner''
both places such term appears and inserting ``, intimate
partner, or dating partner''; and
(2) in paragraph (2), by striking ``or intimate partner''
both places such term appears and inserting ``, intimate
partner, or dating partner''.
(b) Definition.--Section 2216 of title 18, United States Code, is
amended by adding at the end the following:
``(c) Definition.--The term `dating partner' refers to a person who
is or has been in an ongoing relationship of a romantic or intimate
nature with the abuser. Factors to consider in determining whether the
relationship is or was ongoing include, but are not limited to, the
length of the relationship and the frequency of interaction between the
persons involved in the relationship.''.
SEC. 512. 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) 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
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.
TITLE VI--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 601. TECHNICAL AMENDMENT TO VIOLENCE AGAINST WOMEN ACT.
Section 2001 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg) is amended by adding at the end the following:
``(e) Use of Funds.--Funds appropriated for grants under this part
may be used only for the specific programs and activities expressly
described in this part.''.
SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM.
Part T of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg et seq.) is amended by adding after section 2013 (as
added by section 501 of this Act) the following:
``SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM.
``(a) Purpose.--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 minor victims of sexual
assault;
``(B) family and household members of such victims;
and
``(C) those collaterally affected by the
victimization except for the perpetrator of such
victimization;
``(2) to provide training and technical assistance to, and
to support data collection relating to sexual assault by--
``(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; and
``(3) to enhance coordinated community responses to sexual
assault.
``(b) Grants to States, Territories and Tribal Entities.--
``(1) Grants authorized.--The Attorney General shall award
grants to States, territories and Indian tribes, tribal
organizations, and non-profit tribal organizations within
Indian country and Alaskan native villages for the
establishment, maintenance and expansion of rape crisis centers
or other programs and projects to assist those victimized by
sexual assault.
``(2) Special emphasis.--States, territories and tribal
entities will give special emphasis to the support of
community-based organizations with a demonstrated history of
providing intervention and related assistance to victims of
sexual assault and support coordinated community responses to
sexual assault.
``(c) Grants for Culturally Specific Programs Addressing Sexual
Assault.--
``(1) Grants authorized.--The Attorney General shall award
grants to any culturally specific community-based organization
that--
``(A) is a private, nonprofit organization that
focuses primarily on racial and ethnic communities;
``(B) must have documented organizational
experience in the area of sexual assault intervention
or have entered into partnership with an organization
having such expertise;
``(C) has expertise in the development of
community-based, linguistically and culturally specific
outreach and intervention services relevant for the
specific racial and ethnic communities to whom
assistance would be provided or have the capacity to
link to existing services in the community tailored to
the needs of racial and ethnic populations; and
``(D) has an advisory board or steering committee
and staffing which is reflective of the targeted racial
and ethnic community.
``(2) Award basis.--The Attorney General shall award grants
under this subsection on a competitive basis for a period of no
less than 3 fiscal years.
``(d) Services Authorized.--For grants under subsection (b) and (c)
the following services and activities may include--
``(1) 24 hour hotline services providing crisis
intervention services and referrals;
``(2) accompaniment and advocacy through medical, criminal
justice, and social support systems, including medical
facilities, police, and court proceedings;
``(3) 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;
``(4) support mechanisms that are culturally relevant to
the community;
``(5) information and referral to assist the sexual assault
victim and family or household members;
``(6) community-based, linguistically and culturally-
specific services including outreach activities for racial and
ethnic and other underserved populations and linkages to
existing services in these populations;
``(7) collaborating with and informing public officials and
agencies in order to develop and implement policies to reduce
or eliminate sexual assault;
``(8) the development and distribution of educational
materials on issues related to sexual assault and the services
described in paragraphs (1) through (7);
``(9) sexual assault forensic examinations performed by
specially trained examiners, including coordination of
examiners with other responders and testimony by examiners; and
``(10) developing and enhancing coordinated community
responses to sexual assault, including the development and
enhancement of sexual assault response teams.
``(e) 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 as
determined by the National Center for Injury Prevention
and Control Office in collaboration with the Violence
Against Women Office of the Department of Justice.
``(B) First-time applicants.--No entity shall be
prohibited from submitting an application under this
subsection because such entity has not previously
applied or received funding under this subsection.
``(f) Coalition Activities Authorized.--Grant funds received under
subsection (e) may be used to--
``(1) work with local sexual assault programs and other
providers of direct services to encourage appropriate responses
to sexual assault within the State, territory, or Indian tribe;
``(2) work with judicial and law enforcement agencies to
encourage appropriate responses to sexual assault cases;
``(3) 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;
``(4) design and conduct public education campaigns;
``(5) plan and monitor the distribution and use of grants
and grant funds to their State, territory, or Indian tribe; and
``(6) collaborate with and inform Federal, State, Tribal,
or local public officials and agencies to develop and implement
policies to reduce or eliminate sexual assault.
``(g) Application.--
``(1) Each eligible entity desiring a grant under
subsections (c) and (e) 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.
``(2) Each eligible entity desiring a grant under
subsection (b) shall include--
``(A) demonstration of meaningful involvement of
the State or territorial coalitions, or Tribal
coalition, where applicable, in the development of the
application and implementation of the plans;
``(B) a plan for an equitable distribution of
grants and grant funds within the State, territory or
tribal area and between urban and rural areas within
such State or territory;
``(C) the State, territorial or Tribal entity that
is responsible for the administration of grants; and
``(D) any other information the Attorney General
reasonably determines to be necessary to carry out the
purposes and provisions of this section.
``(h) Reporting.--
``(1) Each entity receiving a grant under subsection (b),
(c) and (e) shall submit a report to the Attorney General that
describes the activities carried out with such grant funds.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$55,000,000 for each of the fiscal years 2006 through 2010 to
carry out this section. Any amounts so appropriated shall
remain available until expended.
``(2) Allocations.--Of the total amount 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
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, except that in
subsection (c) up to 5 percent of funds appropriated
under that subsection may be available for technical
assistance to be provided by a national organization or
organizations whose primary purpose and expertise is in
sexual assault within racial and ethnic communities;
``(C) not less than 75 percent shall be used for
making grants to states and territories and tribal
entities under subsection (b) of which not less than 10
percent of this amount shall be allocated for grants to
tribal entities. State, territorial and tribal
governmental agencies shall use no more than 5 percent
for administrative costs;
``(D) not less than 10 percent shall be used for
grants for culturally specific programs addressing
sexual assault under subsection (c); and
``(E) not less than 10 percent shall be used for
making grants to state, territorial and tribal
coalitions under subsection (e) of which not less than
10 percent shall be allocated for grants to tribal
coalitions.
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 the several States, the District of Columbia, and the
territories.
``(3) Minimum amount.--Of the amount appropriated under
section (i)(2)(C), the Attorney General, not including the set
aside for tribal entities, shall allocate not less than 1.50
percent to each State and not less than 0.125 percent to each
of the territories. 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
bears to the population of the combined States, or for
territories, the population of the combined territories.''.
SEC. 603. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C.
13971) is amended to read as follows:
``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
``(a) Purposes.--The purposes of this section are--
``(1) to identify, assess, and appropriately respond to
adult, youth, and minor 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, and local government services in rural
communities to adult, youth, and minor victims; and
``(3) to increase the safety and well-being of women and
children in rural communities, by--
``(A) dealing directly and immediately with
domestic violence, sexual assault, dating violence, and
stalking occurring in rural communities; and
``(B) creating and implementing strategies to
increase awareness and prevent domestic violence,
sexual assault, dating violence, and stalking.
``(b) Grants Authorized.--The Attorney General, acting through the
Director of the Office on Violence Against Women (referred to in this
section as the `Director'), may award 3-year grants, with a possible
extension for an additional 3 years, to States, Indian tribes, local
governments, and nonprofit, public or private entities, including
tribal nonprofit organizations, to carry out programs serving rural
areas or rural communities (including rural areas or rural communities
in United States Territories) 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, and other long- and
short-term assistance to adult, youth, and minor victims of
domestic violence, dating violence, sexual assault, and
stalking in rural communities; and
``(3) working in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
``(c) Use of Funds.--Funds appropriated pursuant to this section
shall be used only for specific programs and activities expressly
described in subsection (a).
``(d) Allotments and Priorities.--
``(1) Allotment for indian tribes.--Not less than 10
percent of the total amount made available for each fiscal year
to carry out this section shall be allocated for grants to
Indian tribes or tribal organizations.
``(2) Allotment for sexual assault services.--
``(A) In general.--Not less than 25 percent of the
total amount made available for each fiscal year to
carry out this section shall be allocated for grants
that meaningfully address sexual assault in rural
communities, except as provided in subparagraph (B).
``(B) Escalation.--The percentage required by
subparagraph (A) shall be--
``(i) 30 percent, for any fiscal year for
which $45,000,000 or more is made available to
carry out this section;
``(ii) 35 percent, for any fiscal year for
which $50,000,000 or more is made available to
carry out this section; or
``(iii) 40 percent, for any fiscal year for
which $55,000,000 or more is made available to
carry out this section.
``(C) Savings clause.--Nothing in this paragraph
shall prohibit an applicant from applying for funding
to address domestic violence, dating violence, sexual
assault, or stalking, separately or in combination, in
the same application.
``(D) Report to congress.--The Attorney General
shall, on an annual basis, submit to Congress a report
on the effectiveness of the set-aside for sexual
assault services. The report shall include any
recommendations of the Attorney General with respect to
the rural grant program.
``(3) Allotment for training, technical assistance, and
data collection.--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 training, technical assistance, and
data collection costs. Of the amounts so used, not less than 25
percent shall be available to nonprofit, nongovernmental
organizations whose focus and expertise is in addressing sexual
assault to provide training, technical assistance, and data
collection with respect to sexual assault grantees.
``(4) Underserved populations.--In awarding grants under
this section, the Director shall give priority to the needs of
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.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$50,000,000 for each of the fiscal years 2006 through 2010 to
carry out 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. 604. ASSISTANCE FOR VICTIMS OF ABUSE.
Part T of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg et seq.) is amended by adding after section 2014 (as
added by section 602 of this Act) the following:
``SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE.
``(a) Grants Authorized.--The Attorney General may award grants to
appropriate entities--
``(1) to provide services for victims of domestic violence,
abuse by caregivers, and sexual assault who are 50 years of age
or older;
``(2) to improve the physical accessibility of existing
buildings in which services are or will be rendered for victims
of domestic violence and sexual assault who are 50 years of age
or older;
``(3) to provide training, consultation, and information on
abuse by caregivers, 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 to enhance
direct services to such individuals;
``(4) for training programs to assist law enforcement
officers, prosecutors, governmental agencies, victim
assistants, and relevant officers of Federal, State, tribal,
territorial, and local courts in recognizing, addressing,
investigating, and prosecuting instances of adult, youth, or
minor domestic violence, dating violence, sexual assault,
stalking, elder abuse, and violence against individuals with
disabilities, including domestic violence and sexual assault,
against older or disabled individuals; and
``(5) for multidisciplinary collaborative community
responses to victims.
``(b) Use of Funds.--Grant funds under this section may be used--
``(1) to implement or expand programs or services to
respond to the needs of persons 50 years of age or older who
are victims of domestic violence, dating violence, sexual
assault, stalking, or elder abuse;
``(2) to provide personnel, training, technical assistance,
data collection, advocacy, intervention, risk reduction and
prevention of domestic violence, dating violence, stalking, and
sexual assault against disabled individuals;
``(3) to conduct outreach activities to ensure that
disabled individuals who are victims of domestic violence,
dating violence, stalking, or sexual assault receive
appropriate assistance;
``(4) to conduct cross-training for victim service
organizations, governmental agencies, and nonprofit,
nongovernmental organizations serving individuals with
disabilities; about risk reduction, intervention, prevention
and the nature of dynamic of domestic violence, dating
violence, stalking, and sexual assault for disabled
individuals;
``(5) to provide training, technical assistance, and data
collection 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;
``(6) to provide training, technical assistance, and data
collection on the requirements of shelters and victim services
organizations under Federal antidiscrimination laws,
including--
``(A) the Americans with Disabilities Act of 1990;
and
``(B) section 504 of the Rehabilitation Act of
1973;
``(7) to purchase equipment, and provide personnel so that
shelters and victim service organizations can accommodate the
needs of disabled individuals;
``(8) to provide advocacy and intervention services for
disabled individuals who are victims of domestic violence,
dating violence, stalking, or sexual assault through
collaborative partnerships between--
``(A) nonprofit, nongovernmental agencies;
``(B) governmental agencies serving individuals
with disabilities; and
``(C) victim service organizations; or
``(9) to develop model programs providing advocacy and
intervention services within organizations serving disabled
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) a nonprofit, nongovernmental organization
such as a victim services organization, an organization
serving individuals with disabilities or a community-
based organization; and
``(D) a religious organization.
``(2) Limitation.--A grant awarded for the purposes
described in subsection (b)(9) shall be awarded only to an
eligible agency (as defined in section 410 of the
Rehabilitation Act of 1973 (29 U.S.C. 796f-5)).
``(d) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Attorney General at such
time, in such manner, and containing such information as the Attorney
General may require.
``(e) Reporting.--Not later than 1 year after the last day of the
first fiscal year commencing on or after the date of enactment of this
Act, and not later than 180 days after the last day of each fiscal year
thereafter, the Attorney General shall submit to Congress a report
evaluating the effectiveness of programs administered and operated
pursuant to this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated $20,500,000 for each of the fiscal years 2006 through 2010
to carry out this section.''.
SEC. 605. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE HOTLINE.
(a) Study Required.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General shall conduct a study of
the National Domestic Violence Hotline to determine the effectiveness
of the Hotline in assisting victims of domestic violence.
(b) Issues to Be Studied.--In conducting the study under subsection
(a), the Comptroller General shall--
(1) compile statistical and substantive information about
calls received by the Hotline since its inception, or a
representative sample of such calls, while maintaining the
confidentiality of Hotline callers;
(2) interpret the data compiled under paragraph (1)--
(A) to determine the trends, gaps in services, and
geographical areas of need; and
(B) to assess the trends and gaps in services to
underserved populations and the military community; and
(3) gather other important information about domestic
violence.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the results of the study.
SEC. 606. 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, racial, and ethnic populations and immigrant
communities, including information on services available to
victims and ways to prevent or reduce domestic violence, dating
violence, sexual assault, and stalking.
(2) Term.--The Attorney General shall award grants under
this section for a period of 1 fiscal year.
(b) Eligible Entities.--Eligible entities under this section are--
(1) nonprofit, nongovernmental organizations or coalitions
that represent the targeted tribal, racial, and ethnic
populations or immigrant community that--
(A) have a documented history of creating and
administering effective public awareness campaigns
addressing 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, racial,
or ethnic populations or immigrant community, including
American Indian tribes and Alaskan native villages for the
purposes of research, testing, message development, and
preparation of materials; and
(2) the balance shall be used for not less than 10 State,
regional, territorial, tribal, or local campaigns targeting
specific communities with information and materials developed
through the national campaign or, if appropriate, new materials
to reach an underserved population or a particularly isolated
community.
(d) Use of Funds.--Funds appropriated under this section shall be
used to conduct a public information campaign and build the capacity
and develop leadership of racial, ethnic populations, or immigrant
community members to address domestic violence, dating violence, sexual
assault, and stalking.
(e) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director of the Violence
Against Women Office at such time, in such form, and in such manner as
the Director may prescribe.
(f) Criteria.--In awarding grants under this section, the Attorney
General shall ensure--
(1) reasonable distribution among eligible grantees
representing various racial, ethnic, and immigrant communities;
(2) reasonable distribution among State, regional,
territorial, tribal, and local campaigns; 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 Violence Against Women
Office, 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 2006 through 2010.
TITLE VII--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 701. SERVICES AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE.
The Violence Against Women Act of 1994 is amended by adding after
subtitle K (as added by section 506) the following:
``Subtitle L--Services, Education, Protection and Justice for Young
Victims of Violence
``SEC. 41201. 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 domestic violence or dating violence victim services providers,
courts, law enforcement, child welfare agencies, and other related
professionals and community organizations to develop collaborative
responses and services and provide cross-training to enhance community
responses to families where there is both child maltreatment and
domestic violence.
``(b) Grants Authorized.--The Attorney General, through the
Violence Against Women Office, shall award grants on a competitive
basis to eligible entities for the purposes and in the manner described
in this section.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $8,000,000 for each of fiscal
years 2006 through 2010. Funds appropriated under this section shall
remain available until expended. Of the amounts appropriated to carry
out this section for each fiscal year, the Attorney General shall--
``(1) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting activities
under this section;
``(2) set aside not more than 10 percent for grants to
programs addressing child maltreatment and domestic violence or
dating violence that are operated by, or in partnership with, a
tribal organization; and
``(3) set aside up to 8 percent for training and technical
assistance, to be provided--
``(A) to organizations that are establishing or
have established collaborative responses and services;
and
``(B) by organizations having demonstrated
expertise in developing collaborative community and
system responses to families in which there is both
child maltreatment and domestic violence or dating
violence, whether or not they are receiving funds under
this section.
``(d) Underserved Populations.--In awarding grants under this
section, the Attorney General shall consider the needs of 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.
``(e) Grant Awards.--The Attorney General shall award grants under
this section for periods of not more than 3 fiscal years.
``(f) Uses of Funds.--Entities receiving grants under this section
shall use amounts provided to develop collaborative responses and
services and provide cross-training to enhance community responses to
families where there is both child maltreatment and domestic violence
or dating violence. Amounts distributed under this section may only be
used for programs and activities described in subsection (g).
``(g) Programs and Activities.--The programs and activities
developed under this section shall--
``(1) encourage cross training, education, service
development, and collaboration among child welfare agencies,
domestic violence victim service providers, and courts, law
enforcement agencies, community-based programs, and other
entities, in order to ensure that such entities have the
capacity to and will identify, assess, and respond
appropriately to--
``(A) domestic violence or dating violence in homes
where children are present and may be exposed to the
violence;
``(B) domestic violence or dating violence in child
protection cases; and
``(C) the needs of both the child and nonabusing
parent;
``(2) establish and implement policies, procedures,
programs, and practices for child welfare agencies, domestic
violence victim service providers, courts, law enforcement
agencies, and other entities, that are consistent with the
principles of protecting and increasing the immediate and long-
term safety and well being of children and non-abusing parents
and caretakers by--
``(A) increasing the safety, autonomy, capacity,
and financial security of non-abusing parents or
caretakers, including developing service plans and
utilizing community-based services that provide
resources and support to non-abusing parents;
``(B) protecting the safety, security, and well-
being of children by preventing their unnecessary
removal from a non-abusing parent, or, in cases where
removal of the child is necessary to protect the
child's safety, taking the necessary steps to provide
appropriate and community-based services to the child
and the non-abusing parent to promote the safe and
appropriately prompt reunification of the child with
the non-abusing parent;
``(C) recognizing the relationship between child
maltreatment and domestic violence or dating violence
in a family, as well as the impact of and danger posed
by the perpetrators' behavior on adult, youth, and
minor victims; and
``(D) holding adult, youth, and minor perpetrators
of domestic violence or dating violence, not adult,
youth, and minor victims of abuse or neglect,
accountable for stopping the perpetrators' abusive
behaviors, including the development of separate
service plans, court filings, or community-based
interventions where appropriate;
``(3) increase cooperation and enhance linkages between
child welfare agencies, domestic violence victim service
providers, courts (including family, criminal, juvenile courts,
or tribal courts), law enforcement agencies, and other entities
to provide more comprehensive community-based services
(including health, mental health, social service, housing, and
neighborhood resources) to protect and to serve adult, youth,
and minor 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 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, 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, youth, and
minor victims and their children, legal assistance and advocacy
for adult, youth, and minor victims, assistance for parents to
help their children cope with the impact of exposure to
domestic violence or dating violence and child maltreatment,
appropriate intervention and treatment for adult perpetrators
of domestic violence or dating violence whose children are the
subjects of child protection cases, programs providing support
and assistance to 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, and other necessary supportive services.
``(h) Grantee Requirements.--
``(1) Applications.--Under this section, an entity shall
prepare and submit to the Attorney General an application at
such time, in such manner, and containing such information as
the Attorney General may require, consistent with the
requirements described herein. The application shall--
``(A) ensure that communities impacted by these
systems or organizations are adequately represented in
the development of the application, the programs and
activities to be undertaken, and that they have a
significant role in evaluating the success of the
project;
``(B) describe how the training and collaboration
activities will enhance or ensure the safety and
economic security of families where both child
maltreatment and domestic violence or dating violence
occurs by providing appropriate resources, protection,
and support to the victimized parents of such children
and to the children themselves; and
``(C) outline methods and means participating
entities will use to ensure that all services are
provided in a developmentally, linguistically and
culturally competent manner and will utilize community-
based supports and resources.
``(2) Eligible entities.--To be eligible for a grant under
this section, an entity shall be a collaboration that--
``(A) shall include a State or local child welfare
agency or Indian Tribe;
``(B) shall include a domestic violence or dating
violence victim service provider;
``(C) shall include a court;
``(D) may include a law enforcement agency, or
Bureau of Indian Affairs providing tribal law
enforcement; and
``(E) may include any other such agencies or
private nonprofit organizations, including community-
based organizations, with the capacity to provide
effective help to the adult, youth, and minor victims
served by the collaboration.
``(3) Reports.--Each entity receiving a grant under this
section shall report to the Attorney General, detailing how the
funds have been used.
``SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND TO TEENS.
``(a) Grants Authorized.--The Attorney General shall award grants
to eligible entities to conduct programs to serve youth between the
ages of 12 and 24 of domestic violence, dating violence, sexual
assault, and stalking. Amounts appropriated under this section may only
be used for programs and activities described under subsection (c).
``(b) Eligible Grantees.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) a nonprofit, nongovernmental entity, the primary
purpose of which is to provide services to victims of domestic
violence, dating violence, sexual assault, or stalking;
``(2) a religious or community-based organization that
specializes in working with youth victims of domestic violence,
dating violence, sexual assault, or stalking;
``(3) an Indian Tribe or tribal organization providing
services primarily to tribal youth or tribal victims of
domestic violence, dating violence, sexual assault or stalking;
or
``(4) a nonprofit, nongovernmental entity providing
services for runaway or homeless youth.
``(c) Use of Funds.--
``(1) In general.--An entity that receives a grant under
this section shall use amounts provided under the grant to
design or replicate, and implement, programs and services,
using domestic violence, dating violence, sexual assault, and
stalking intervention models to respond to the needs of youth
who are victims of domestic violence, dating violence, sexual
assault or stalking.
``(2) Types of programs.--Such a program--
``(A) shall provide direct counseling and advocacy
for teens and young adults, who have experienced
domestic violence, dating violence, sexual assault or
stalking;
``(B) shall include linguistically, culturally, and
community relevant services for 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 linkages to existing services in the community
tailored to the needs of those populations;
``(C) may include mental health services;
``(D) may include legal advocacy efforts on behalf
of minors and young adults with respect to domestic
violence, dating violence, sexual assault or stalking;
``(E) may work with public officials and agencies
to develop and implement policies, rules, and
procedures in order to reduce or eliminate domestic
violence, dating violence, sexual assault, and stalking
against youth and young adults; and
``(F) may use not more than 25 percent of the grant
funds to provide additional services and resources for
youth, including childcare, transportation, educational
support, and respite care.
``(d) Awards Basis.--
``(1) Grants to indian tribes.--Not less than 10 percent of
funds appropriated under this section in any year shall be
available for grants to Indian Tribes or tribal organizations.
``(2) Administration.--The 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) Training, technical assistance, and data
collection.--Not less than 5 percent of funds appropriated
under this section in any year shall be available to provide
training, technical assistance, and data collection 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) Reports.--An entity receiving a grant under this section
shall submit to the Attorney General a report of how grant funds have
been used.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2006 through 2010.''.
SEC. 702. 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
(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 domestic violence, dating violence,
sexual assault, and stalking. 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 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 2006 through 2010 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) Confidentiality.--
(A) Nondisclosure of confidential or private
information.--In order to ensure the safety of adult
and minor victims of domestic violence, dating
violence, sexual assault, or stalking and their
families, grantees and sub-grantees under this section
shall reasonably--
(i) protect the confidentiality and privacy
of persons receiving services under the grants
and subgrants; and
(ii) not disclose and personally
identifying information, or individual client
information, collected in connection with
services requested, utilized, or denied through
programs provided by such grantees and
subgrantees under this section.
(B) Consent.--A grantee or subgrantee under this
section shall not reveal personally any identifying
information or individual client information collected
as described in subparagraph (A) without the informed,
written, and reasonably time-limited consent of the
person (or, in the case of an unemancipated minor, the
minor and the parent or guardian of the minor) about
whom information is sought, whether for the program
carried out under this section or any other Federal,
State, tribal, or territorial assistance program.
(C) Compelled release and notice.--If a grantee or
subgrantee under this section is compelled by statutory
or court mandate to disclose information described in
subparagraph (A), the grantee or subgrantee--
(i) shall make reasonable attempts to
provide notice to individuals affected by the
disclosure of information; and
(ii) shall take steps necessary to protect
the privacy and safety of the individual
affected by the disclosure.
(D) Permissive sharing.--Grantees and subgrantees
under this section may share with each other, in order
to comply with Federal, State, tribal, or territorial
reporting, evaluation, or data collection
requirements--
(i) aggregate data, that is not personally
identifying information, regarding services
provided to their clients; and
(ii) demographic information that is not
personally identifying information.
(E) Court-generated and law enforcement-generated
information.--Grantees and subgrantees under this
section may share with each other--
(i) court-generated information contained
in secure, governmental registries for
protection order enforcement purposes; and
(ii) law enforcement-generated information.
(F) Definition.--As used in this paragraph, the
term ``personally identifying information'' means
individually identifying information from or about an
individual, including--
(i) first and last name;
(ii) home or other physical address,
including street name and name of city or town;
(iii) email address or other online contact
information, such as an instant-messaging user
identifier or a screen name that reveals an
individual's email address;
(iv) telephone number;
(v) social security number;
(vi) Internet Protocol (``IP'') address or
host name that identifies an individual;
(vii) persistent identifier, such as a
customer number held in a ``cookie'' or
processor serial number, that is combined with
other available data that identifies an
individual; or
(viii) information that, in combination
with the information in any of the clauses (i)
through (vii), would serve to identify any
individual, including--
(I) grade point average;
(II) date of birth;
(III) academic or occupational
interests;
(IV) athletic or extracurricular
interests;
(V) racial or ethnic background; or
(VI) religious affiliation.
(3) Grantee reporting.--
(A) Performance report.--Each institution of higher
education receiving a grant under this section shall
report to the Attorney General on activities conducted
with grant funds. 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).
(4) Report to congress.--Not later than 30 days after the
end of each even-numbered fiscal year, the Attorney General
shall submit to Congress a report for the period of 2 fiscal
years at any time in which grants were made under this section
and ending in such even-numbered fiscal year, 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 $15,000,000
for each of fiscal years 2006 through 2010.
SEC. 703. 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. 1301. SAFE HAVENS FOR CHILDREN.'';
(2) in subsection (a)--
(A) by inserting ``, through the Director of the
Violence Against Women Office,'' after ``Attorney
General'';
(B) by inserting ``public or nonprofit
nongovernmental entities, and to'' after ``may award
grants to'';
(C) by inserting ``dating violence,'' after
``domestic violence,'';
(D) by striking ``to provide'' and inserting the
following:
``(1) to provide'';
(E) by striking the period at the end and inserting
a semicolon; and
(F) by adding at the end the following:
``(2) to protect children from the trauma of witnessing
domestic or dating violence or experiencing abduction, injury,
or death during parent and child visitation exchanges;
``(3) to protect parents or caretakers who are victims of
domestic and dating violence from experiencing further
violence, abuse, and threats during child visitation exchanges;
and
``(4) to protect children from the trauma of experiencing
sexual assault or other forms of physical assault or abuse
during parent and child visitation and visitation exchanges.'';
and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $20,000,000 for each of fiscal years
2006 through 2010. Funds appropriated under this section shall
remain available until expended.
``(2) Use of funds.--Of the amounts appropriated to carry
out this section for each fiscal year, the Attorney General
shall--
``(A) set aside not less than 5 percent for grants
to Indian tribal governments or tribal organizations;
``(B) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting
activities under this section; and
``(C) set aside not more than 8 percent for
training, technical assistance, and data collection to
be provided by organizations having nationally
recognized expertise in the design of safe and secure
supervised visitation programs and visitation exchange
of children in situations involving domestic violence,
dating violence, sexual assault, or stalking.''.
SEC. 704. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING IN MIDDLE AND HIGH SCHOOLS.
(a) Short Title.--This section may be cited as the ``Supporting
Teens through Education and Protection Act of 2005'' or the ``STEP
Act''.
(b) Grants Authorized.--The Attorney General, through the Director
of the Office on Violence Against Women, is authorized to award grants
to middle schools and high schools that work with domestic violence and
sexual assault experts to enable the schools--
(1) to provide training to school administrators, faculty,
counselors, coaches, healthcare providers, security personnel,
and other staff on the needs and concerns of students who
experience domestic violence, dating violence, sexual assault,
or stalking, and the impact of such violence on students;
(2) to develop and implement policies in middle and high
schools regarding appropriate, safe responses to, and
identification and referral procedures for, students who are
experiencing or perpetrating domestic violence, dating
violence, sexual assault, or stalking, including procedures for
handling the requirements of court protective orders issued to
or against students or school personnel, in a manner that
ensures the safety of the victim and holds the perpetrator
accountable;
(3) to provide support services for students and school
personnel, such as a resource person who is either on-site or
on-call, and who is an expert described in subsections (i)(2)
and (i)(3), for the purpose of developing and strengthening
effective prevention and intervention strategies for students
and school personnel experiencing domestic violence, dating
violence, sexual assault or stalking;
(4) to provide developmentally appropriate educational
programming to students regarding domestic violence, dating
violence, sexual assault, and stalking, and the impact of
experiencing domestic violence, dating violence, sexual
assault, and stalking on children and youth by adapting
existing curricula activities to the relevant student
population;
(5) to work with existing mentoring programs and develop
strong mentoring programs for students, including student
athletes, to help them understand and recognize violence and
violent behavior, how to prevent it and how to appropriately
address their feelings; and
(6) to conduct evaluations to assess the impact of programs
and policies assisted under this section in order to enhance
the development of the programs.
(c) Award Basis.--The Director shall award grants and contracts
under this section on a competitive basis.
(d) Policy Dissemination.--The Director shall disseminate to middle
and high schools any existing Department of Justice, Department of
Health and Human Services, and Department of Education policy guidance
and curricula regarding the prevention of domestic violence, dating
violence, sexual assault, and stalking, and the impact of the violence
on children and youth.
(e) Nondisclosure of Confidential or Private Information.--In order
to ensure the safety of adult, 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,
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 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
2006 through 2010.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.
TITLE VIII--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN
THE HOME
SEC. 801. PREVENTING VIOLENCE IN THE HOME.
The Violence Against Women Act of 1994 is amended by adding after
subtitle L (as added by section 701) the following:
``Subtitle M--Strengthening America's Families by Preventing Violence
in the Home
``SEC. 41301. PURPOSE.
``The purpose of this subtitle is to--
``(1) prevent crimes involving domestic violence, dating
violence, sexual assault, and stalking, including when
committed against children and youth;
``(2) increase the resources and services available to
prevent domestic violence, dating violence, sexual assault, and
stalking, including when committed against 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.
``SEC. 41302. 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
consultation with the Secretary of Health and Human Services,
is authorized to award grants on a competitive basis to
eligible entities for the purpose of mitigating the effects of
domestic violence, dating violence, sexual assault, and
stalking on children exposed to such violence, and reducing the
risk of future victimization or perpetration of domestic
violence, dating violence, sexual assault, and stalking.
``(2) Term.--The Director shall make grants under this
section for a period of 3 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of 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;
``(B) awarding not less than 10 percent of such
amounts for the funding of tribal projects from the
amounts made available under this section for a fiscal
year;
``(C) awarding up to 8 percent for the funding of
training, technical assistance, and data collection
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 $15,000,000 for each of fiscal
years 2006 through 2010.
``(c) Use of Funds.--The funds appropriated under this section
shall be used for--
``(1) programs that provide services for children exposed
to domestic violence, dating violence, sexual assault, or
stalking, which may include direct counseling, advocacy, or
mentoring, and must include support for the nonabusing parent
or the child's caretaker;
``(2) training and coordination for programs that serve
children and youth (such as Head Start, child care, and after-
school programs) on how to safely and confidentially identify
children and families experiencing domestic violence and
properly refer them to programs that can provide direct
services to the family and children, and coordination with
other domestic violence or other programs serving children
exposed to domestic violence, dating violence, sexual assault,
or stalking that can provide the training and direct services
referenced in this subsection; or
``(3) advocacy within the systems that serve children to
improve the system's understanding of and response to children
who have been exposed to domestic violence and the needs of the
nonabusing parent.
``(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) a victim service provider, tribal nonprofit
organization or community-based organization that has a
documented history of effective work concerning children or
youth exposed to domestic violence, dating violence, sexual
assault, or stalking, including programs that provide
culturally specific services, Head Start, child care, after
school programs, and health and mental health providers; or
``(2) a State, territorial, tribal, or local unit of
government agency that is partnered with an organization
described in paragraph (1).
``(e) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) at a minimum, describe in the application the
policies and procedures that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of
children who have been exposed to violence and their
nonabusing parent, enhance or ensure the safety and
security of children and their nonabusing parent in
homes already experiencing domestic violence, dating
violence, sexual assault, or stalking; and
``(B) ensure linguistically, culturally, and
community relevant services for 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.
``(f) Reports.--An entity receiving a grant under this section
shall prepare and submit to the Director a report detailing the
activities undertaken with grant funds, providing additional
information as the Director shall require.
``SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, AND YOUTH TO PREVENT
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Secretary of Health and Human Services,
shall award grants on a competitive basis to eligible entities
for the purpose of developing or enhancing programs related to
building alliances among men, women, and youth to prevent
domestic violence, dating violence, sexual assault, and
stalking by helping them to develop mutually respectful,
nonviolent relationships.
``(2) Term.--The Director shall make grants under this
section for a period of 3 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of 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;
``(B) with respect to gender-specific programs
described under subsection (c)(1)(A), ensuring
reasonable distribution of funds to programs for boys
and programs for girls;
``(C) awarding not less than 10 percent of such
amounts for the funding of tribal projects from the
amounts made available under this section for a fiscal
year; and
``(D) awarding up to 8 percent for the funding of
training, technical assistance, and data collection for
grantees and non-grantees working in this area and
evaluation programs from the amounts made available
under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2006 through 2010.
``(c) Use of Funds.--
``(1) Programs.--The funds appropriated under this section
shall be used by eligible entities for--
``(A) public education and community based
programs, including gender-specific programs in
accordance with applicable laws--
``(i) to encourage children and youth to
pursue only mutually respectful, nonviolent
relationships and empower them to reduce their
risk of becoming victims or perpetrators of
domestic violence, dating violence, sexual
assault, or stalking; and
``(ii) that include at a minimum--
``(I) information on domestic
violence, dating violence, sexual
assault, stalking, or child sexual
abuse and how they affect children and
youth; and
``(II) strategies to help
participants be as safe as possible; or
``(B) public education campaigns and community
organizing to encourage men and boys to work as allies
with women and girls to prevent domestic violence,
dating violence, stalking, and sexual assault conducted
by entities that have experience in conducting public
education campaigns that address domestic violence,
dating violence, sexual assault, or stalking.
``(2) Media limits.--No more than 25 percent of funds
received by a grantee under this section may be used to create
and distribute media materials.
``(d) Eligible Entities.--
``(1) Relationships.--Eligible entities under subsection
(c)(1)(A) are--
``(A) nonprofit, nongovernmental domestic violence,
dating violence, sexual assault, or stalking victim
service providers or coalitions;
``(B) community-based child or youth services
organizations with demonstrated experience and
expertise in addressing the needs and concerns of young
people;
``(C) a State, territorial, tribal, or unit of
local governmental entity that is partnered with an
organization described in subparagraph (A) or (B); or
``(D) a program that provides culturally specific
services.
``(2) Awareness campaign.--Eligible entities under
subsection (c)(1)(B) are--
``(A) nonprofit, nongovernmental organizations or
coalitions that have a documented history of creating
and administering effective public education campaigns
addressing the prevention of domestic violence, dating
violence, sexual assault or stalking; or
``(B) a State, territorial, tribal, or unit of
local governmental entity that is partnered with an
organization described in subparagraph (A).
``(e) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) for a grant under subsection (c)(1)(A), describe in
the application the policies and procedures that the entity has
or will adopt to--
``(A) enhance or ensure the safety and security of
children and youth already experiencing domestic
violence, dating violence, sexual assault, or stalking
in their lives;
``(B) provide, where appropriate, linguistically,
culturally, and community relevant services for
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;
``(C) inform participants about laws, services, and
resources in the community, and make referrals as
appropriate; and
``(D) ensure that State and local domestic
violence, dating violence, sexual assault, and stalking
victim service providers and coalitions are aware of
the efforts of organizations receiving grants under
this section.
``(f) Reports.--An entity receiving a grant under this section
shall prepare and submit to the Director a report detailing the
activities undertaken with grant funds, including an evaluation of
funded programs and providing additional information as the Director
shall require.
``SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR HOME
VISITATION PROJECTS.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, shall award
grants on a competitive basis to home visitation programs, in
collaboration with law enforcement, 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 $5,000,000 for each of fiscal
years 2006 through 2010.
``(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a national, Federal, State, local,
territorial, or tribal--
``(1) home visitation program that provides services to
pregnant women and to young children and their parent or
primary caregiver that are provided in the permanent or
temporary residence or in other familiar surroundings of the
individual or family receiving such services; or
``(2) victim services organization or agency in
collaboration with an organization or organizations listed in
paragraph (1).
``(d) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) describe in the application the policies and
procedures that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of
children and their nonabusing parent in homes already
experiencing domestic violence, dating violence, sexual
assault, or stalking;
``(B) ensure linguistically, culturally, and
community relevant services for 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;
``(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 or recognize (or
both) 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.''.
TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE
SEC. 900. SHORT TITLE; REFERENCES TO VAWA-2000; REGULATIONS.
(a) Short Title.--This title may be cited as ``Immigrant Victims of
Violence Protection Act of 2005''.
(b) References to VAWA-2000.--In this title, the term ``VAWA-2000''
means the Violence Against Women Act of 2000 (division B of Public Law
106-386).
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General, the Secretary of Homeland
Security, and Secretary of State shall promulgate regulations to
implement the provisions contained in the Battered Immigrant Women
Protection Act of 2000 (title V of VAWA-2000) and the amendments made
by (and the provisions of) this title. In applying such regulations, in
the case of petitions, applications, or certifications filed on or
before the effective date of publication of such regulations for relief
covered by such regulations, there shall be no requirement to submit an
additional petition, application, or certification and any priority or
similar date with respect to such a petition or application shall
relate back to the date of the filing of the petition or application.
Subtitle A--Victims of Crime
SEC. 901. CONDITIONS APPLICABLE TO U AND T VISAS.
(a) Treatment of Spouse and Children of Victims of Trafficking.--
Clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(T)) is amended to read as follows:
``(ii) if accompanying, or following to join, the
alien described in clause (i)--
``(I) in the case of an alien so described
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;''.
(b) Duration of U and T Visas.--
(1) U visas.--Section 214(p) of such Act (8 U.S.C. 1184(p))
is amended by adding at the end the following new paragraph:
``(6) Duration of status.--The authorized period of status
of an alien as a nonimmigrant under section 101(a)(15)(U) shall
be 4 years, but--
``(A) shall be extended on a year-by-year basis
upon certification from a Federal, State or local law
enforcement official, prosecutor, judge, or other
Federal, State or local authority investigating or
prosecuting criminal activity described in section
101(a)(15)(U)(iii) that the alien's ongoing presence in
the United States is required to assist in the
investigation or prosecution of such criminal activity;
and
``(B) shall be extended if the alien files an
application for adjustment of status under section
245(m), until final adjudication of such
application.''.
(2) T visas.--Section 214(o) of such Act (8 U.S.C.
1184(o)), as redesignated by section 8(a)(3) of the Trafficking
Victims Protection Reauthorization Act of 2003 (Public Law 108-
193), is amended by adding at the end the following:
``(7) The authorized period of status of an alien as a nonimmigrant
status under section 101(a)(15)(T) shall be 4 years, but--
``(A) shall be extended on a year-by-year basis upon
certification from a Federal, State or local law enforcement
official, prosecutor, judge, or other Federal, State or local
authority investigating or prosecuting criminal activity
relating to human trafficking that the alien's ongoing presence
in the United States is required to assist in the investigation
or prosecution of such criminal activity; and
``(B) shall be extended if the alien files an application
for adjustment of status under section 245(l), until final
adjudication of such application.''.
(c) Permitting Change of Nonimmigrant Status to U and T
Nonimmigrant Status.--
(1) In general.--Section 248 of such Act (8 U.S.C. 1258) is
amended--
(A) by striking ``The Attorney General'' and
inserting ``(a) The Secretary of Homeland Security'';
(B) by inserting ``(subject to subsection (b))''
after ``except''; and
(C) by adding at the end the following new
subsection:
``(b) The limitation based on inadmissibility under section
212(a)(9)(B) and the exceptions specified in numbered paragraphs of
subsection (a) shall not apply to a change of nonimmigrant
classification to that of a nonimmigrant under subparagraph (T) or (U)
of section 101(a)(15), other than from such classification under
subparagraph (C) or (D) of such section.''.
(2) Conforming amendment.--Section 214(l)(2)(A) of such Act
(8 U.S.C. 1184(l)(2)(A)) is amended by striking ``248(2)'' and
inserting ``248(a)(2)''.
(d) Certification Process for Victims of Trafficking.--
(1) Victim assistance in investigation or prosecution.--
Section 107(b)(1)(E) of the Trafficking Victims Protection Act
of 2000 (division A of Public Law 106-386; 22 U.S.C.
7105(b)(1)(E)) is amended--
(A) in clause (i)(I), by striking ``investigation
and prosecution'' and inserting ``investigation or
prosecution, by the United States or a State or local
government''; and
(B) in clause (iii)--
(i) by striking ``Investigation and
prosecution'' and ``investigation and
prosecution'' and inserting ``Investigation or
prosecution'' and ``investigation or
prosecution'', respectively;
(ii) in subclause (II), by striking ``and''
at the end;
(iii) in subclause (III), by striking the
period and inserting ``; or''; and
(iv) by adding at the end the following new
subclause:
``(IV) responding to and
cooperating with requests for evidence
and information.''.
(2) Clarifying roles of attorney general and secretary of
homeland security.--
(A) Section 107 of the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-
386; 22 U.S.C. 7105) is amended--
(i) in subsections (b)(1)(E)(i)(II)(bb),
(b)(1)(E)(ii), (e)(5), and (g), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security'' each place it appears;
and
(ii) in subsection (c), by inserting ``,
Secretary of Homeland Security,'' after
``Attorney General''.
(B) Section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended by
striking ``Attorney General'' and inserting ``Secretary
of Homeland Security'' each place it appears.
(C) Section 212(d)(13) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(13)) is amended--
(i) in subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security'';
(ii) in subparagraph (B), by striking
``Attorney General'' the first place it appears
and inserting ``Secretary of Homeland
Security''; and
(iii) in subparagraph (B), by striking
``Attorney General, in the Attorney General's
discretion'' and inserting ``Secretary, in the
Secretary's discretion''.
(D) Section 101(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(i)) is amended--
(i) in paragraph (1), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security, the Attorney General,'';
and
(ii) in paragraph (2), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''.
(E) Section 245(l) of the Immigration and
Nationality Act (8 U.S.C. 1255(l)) is amended--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''
the first place it appears in paragraphs (1)
and (2) and in paragraph (5);
(ii) by striking ``Attorney General'' and
inserting ``Secretary'' the second place it
appears in paragraphs (1) and (2); and
(iii) in paragraph (2), by striking
``Attorney General's'' and inserting
``Secretary's''.
(3) Request by state and local law enforcement officials.--
Section 107(c)(3) of the Trafficking Victims Protection Act of
2000 (division A of Public Law 106-386; 22 U.S.C. 7105(c)(3))
is amended by adding at the end the following: ``State or local
law enforcement officials may request that such Federal law
enforcement officials permit the continued presence of
trafficking victims. If such a request contains a certification
that a trafficking victim is a victim of a severe form of
trafficking, such Federal law enforcement officials may permit
the continued presence of the trafficking victim in accordance
with this paragraph.''.
(e) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b)(1), (c), and (d)(3) shall take effect on the date of the
enactment of this Act.
(2) Transition for duration of t visas.--In the case of an
alien who is classified as a nonimmigrant under section
101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)) before the the date of implementation of the
amendment made by subsection (b)(2) and whose period of
authorized stay was less than 4 years, the authorized period of
status of the alien as such a nonimmigrant shall be extended to
be 4 years and shall be further extended on a year-by-year
basis as provided in section 214(o)(7) of such Act, as added by
such amendment.
(3) Certification process.--(A) The amendments made by
subsection (d)(1) shall be effective as if included in the
enactment of VAWA-2000.
(B) The amendments made by subsection (d)(2) shall be
effective as of the applicable date of transfer of authority
from the Attorney General to the Secretary of Homeland Security
under the Homeland Security Act of 2002 (Public Law 107-296).
SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER HARDSHIP WAIVERS FOR
CONDITIONAL PERMANENT RESIDENCE.
(a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by adding at the end
the following: ``An application for relief under this paragraph may be
based on one or more grounds specified in subparagraphs (A) through (D)
and may be amended at any time to change the ground or grounds for such
relief without the application being resubmitted.''.
(b) Appeals.--Such section is further amended by adding at the end
the following: ``Such an application may not be considered if there is
a final removal order in effect with respect to the alien.''.
(c) Conforming Amendment.--Section 237(a)(1)(H)(ii) of such Act (8
U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at
the end the following: ``or qualifies for a waiver under section
216(c)(4)''.
(d) Effective Dates.--
(1) The amendment made by subsection (a) shall apply to
applications for relief pending or filed on or after April 10,
2003.
(2) The amendment made by subsection (b) shall apply to
applications for relief filed on or after the date of the
enactment of this Act.
SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING.
(a) Reduction in Required Period of Presence Authorized.--
(1) In general.--Section 245(l) of the Immigration and
Nationality Act (8 U.S.C. 1255(l)) is amended--
(A) in paragraph (1)(A), by inserting ``subject to
paragraph (6),'' after ``(A)'';
(B) in paragraph (1)(A), by inserting after
``since'' the following: ``the earlier of (i) the date
the alien was granted continued presence under section
107(c)(3) of the Trafficking Victims Protection Act of
2000, or (ii)''; and
(C) by adding at the end the following new
paragraph:
``(6) The Secretary of Homeland Security may waive or reduce the
period of physical presence required under paragraph (1)(A) for an
alien's adjustment of status under this subsection if a Federal, State,
or local law enforcement official investigating or prosecuting
trafficking described in section 101(a)(15)(T)(i) in relation to the
alien or the alien's spouse, child, parent, or sibling certifies that
the official has no objection to such waiver or reduction.''.
(2) Conforming amendment.--Section 107(c) of the
Trafficking Victims Protection Act of 2000 (division A of
Public Law 106-386; 22 U.S.C. 7105(c)) is amended by adding at
the end the following new paragraph:
``(5) Certification of no objection for waiver or reduction
of period of required physical presence for adjustment of
status.--In order for an alien to have the required period of
physical presence under paragraph (1)(A) of section 245(l) of
the Immigration and Nationality Act waived or reduced under
paragraph (6) of such section, a Federal, State, and local law
enforcement official investigating or prosecuting trafficking
described in section 101(a)(15)(T)(i) in relation to the alien
or the alien's spouse, child, parent, or sibling may provide
for a certification of having no objection to such waiver or
reduction.''.
(b) Treatment of Good Moral Character.--Section 245(l) of the
Immigration and Nationality Act (8 U.S.C. 1255(l)), as amended by
subsection (a)(1), is amended--
(1) in paragraph (1)(B), by inserting ``subject to
paragraph (7),'' after ``(B)''; and
(2) by adding at the end the following new paragraph:
``(7) For purposes of paragraph (1)(B), the Secretary of Homeland
Security, in the Secretary's sole unreviewable discretion, may waive
consideration of a disqualification from good moral character described
in section 101(f) with respect to an alien if there is a connection
between the disqualification and the trafficking with respect to the
alien described in section 101(a)(15)(T)(i).''.
(c) Annual Report on Training of Law Enforcement.--
(1) In general.--Section 107(g) of the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22
U.S.C. 7105(g)) is amended by adding at the end the following:
``Each such report shall also include statistics regarding the
number of law enforcement officials who have been trained in
the identification and protection of trafficking victims and
certification for assistance as nonimmigrants under section
101(a)(15)(T) of such Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to annual reports beginning with the report for
fiscal year 2006.
Subtitle B--VAWA Petitioners
SEC. 911. DEFINITION OF VAWA PETITIONER.
(a) In General.--Section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following
new paragraph:
``(51) The term `VAWA petitioner' means an alien whose application
or petition for classification or relief under any of the following
provisions (whether as a principal or as a derivative) has been filed
and has not been denied after exhaustion of administrative appeals:
``(A) Clause (iii), (iv), or (vii) of section 204(a)(1)(A).
``(B) Clause (ii) or (iii) of section 204(a)(1)(B).
``(C) Subparagraph (C) or (D) of section 216(c)(4).
``(D) The first section of Public Law 89-732 (commonly
known as the Cuban Adjustment Act) as a child or spouse who has
been battered or subjected to extreme cruelty.
``(E) Section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (division A of section 101(h)
of Public Law 105-277).
``(F) Section 202(d)(1) of the Nicaraguan Adjustment and
Central American Relief Act (8 U.S.C. 1255 note; Public Law
105-100).
``(G) Section 309(c)(5) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 8 U.S.C. 1101 note).''.
(b) Conforming Amendments.--
(1) Section 212(a)(6)(A)(ii)(I) of such Act (8 U.S.C.
1182(a)(6)(A)(ii)(I)) is amended by striking ``qualifies for
immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii) of section 204(a)(1)'' and inserting ``is a VAWA
petitioner''.
(2) Section 212(a)(9)(C)(ii) of such Act (8 U.S.C.
1182(a)(9)(C)(ii)) is amended by striking ``to whom the
Attorney General has granted classification under clause (iii),
(iv), or (v) of section 204(a)(1)(A), or classification under
clause (ii), (iii), or (iv) of section 204(a)(1)(B)'' and
inserting ``is a VAWA petitioner''.
(3) Subsections (h)(1)(C) and (g)(1)(C) of section 212 (8
U.S.C. 1182) is amended by striking ``qualifies for
classification under clause (iii) or (iv) of section
204(a)(1)(A) or classification under clause (ii) or (iii) of
section 204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
(4) Section 212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is
amended by striking ``an alien granted classification under
clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or
(iii) of section 204(a)(1)(B)'' and inserting ``a VAWA
petitioner''.
(5) Section 237(a)(1)(H)(ii) of such Act (8 U.S.C.
1227(a)(1)(H)(ii)) is amended by striking ``is an alien who
qualifies for classification under clause (iii) or (iv) of
section 204(a)(1)(A) or clause (ii) or (iii) of section
204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
(6) Section 240A(b)(4)(B) of such Act (8 U.S.C.
1229b(b)(4)(B)) is amended by striking ``they were applications
filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or
(B)(iii)'' and inserting ``the applicants were VAWA
petitioners''.
(7) Section 245(a) of such Act (8 U.S.C. 1255(a)) is
amended by striking ``under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section 204(a)(1) or'' and inserting
``as a VAWA petitioner''.
(8) Section 245(c) of such Act (8 U.S.C. 1255(c)) is
amended by striking ``under subparagraph (A)(iii), (A)(iv),
(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section
204(a)(1)'' and inserting ``as a VAWA petitioner''.
(9) For additional conforming amendments to sections
212(a)(4)(C)(i) and 240(c)(7)(C)(iv)(I) of the Immigration and
Nationality Act, see sections 832(b)(2) and 817(a) of this Act.
SEC. 912. SELF-PETITIONING FOR CHILDREN.
(a) Self-Petitioning by Children of Parent-Abusers Upon Death or
Other Termination of Parent-Child Relationship.--
(1) Citizen parents.--Section 204(a)(1)(A)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is
amended--
(A) by striking ``or who'' and inserting ``who'';
and
(B) by inserting after ``domestic violence,'' the
following: ``or who was a child of a United States
citizen parent who within the past 2 years (or, if
later, two years after the date the child attains 18
years of age) died or otherwise terminated the parent-
child relationship (as defined under section
101(b)),''.
(2) Lawful permanent resident parents.--
(A) In general.--Section 204(a)(1)(B)(iii) of such
Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended--
(i) by striking ``or who'' and inserting
``who''; and
(ii) by inserting after ``domestic
violence,'' the following: ``or who was a child
of a lawful permanent resident resident who
within the past 2 years (or, if later, two
years after the date the child attains 18 years
of age) died or otherwise terminated the
parent-child relationship (as defined under
section 101(b)),''.
(B) Conforming treatment of deceased spouses.--
Section 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8
U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amended--
(i) by redesignating subitems (aaa) and
(bbb) as subitems (bbb) and (ccc),
respectively; and
(ii) by inserting before subitem (bbb), as
so redesignated, the following:
``(aaa) whose spouse died within the past 2
years;''.
(3) Effective dates.--
(A) In general.--Subject to subparagraph (B), the
amendment made by paragraphs (1) and (2) shall take
effect on the date of the enactment of this Act.
(B) Transition in case of citizen parents who died
before enactment.--In applying the amendments made by
paragraphs (1) and (2)(A) in the case of an alien whose
citizen parent or lawful permanent resident parent died
or whose parent-child relationship with such parent
terminated during the period beginning on October 28,
1998, and ending on the date of the enactment of this
Act, the following rules apply:
(i) The reference to ``within the past 2
years'' in section 204(a)(1)(A)(iv) or
204(a)(1)(B)(iii), respectively, of the
Immigration and Nationality Act in the matter
inserted by such paragraph is deemed to be a
reference to such period.
(ii) The petition must be filed under such
section within 2 years after the date of the
enactment of this Act (or, if later, 2 years
after the alien's 18th birthday).
(iii) The determination of eligibility for
benefits as a child under such section
(including under section 204(a)(1)(D) of the
Immigration and Nationality Act by reason of a
petition authorized under such section) shall
be determined as of the date of the death of
the citizen parent or lawful permanent resident
parent or the termination of the parent-child
relationship.
(b) Protecting Victims of Child Abuse From Aging Out.--
(1) Clarification regarding continuation of immediate
relative status for children of citizens.--Section
204(a)(1)(D)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(D)(i)(I)) is amended--
(A) by striking ``clause (iv) of section
204(a)(1)(A)'' and inserting ``subparagraph (A)(iv)''
each place it appears; and
(B) by striking ``a petitioner for preference
status under paragraph (1), (2), or (3) of section
203(a), whichever paragraph is applicable'' and
inserting ``to continue to be treated as an immediate
relative under section 201(b)(2)(A)(i), or a petitioner
for preference status under section 203(a)(3) if
subsequently married''.
(2) Clarification regarding application to children of
lawful permanent residents.--Section 204(a)(1)(D) of such Act
(8 U.S.C. 1154(a)(1)(D)) is amended--
(A) in clause (i)(I)--
(i) by inserting after the first sentence
the following new sentence: ``Any child who
attains 21 years of age who has filed a
petition under subparagraph (B)(iii) that was
filed or approved before the date on which the
child attained 21 year of age shall be
considered (if the child has not been admitted
or approved for lawful permanent residence by
the date the child attained 21 years of age) a
petitioner for preference status under section
203(a)(2)(A), with the same priority date
assigned to the self-petition filed under such
subparagraph.''; and
(ii) in the last sentence, by inserting
``in either such case'' after ``shall be
required to be filed'';
(B) in clause (i)(III), by striking ``paragraph
(1), (2), or (3) of section 203(a)'' and inserting
``section 203(a)(2)(A)''; and
(C) in clause (ii), by striking ``(A)(iii),
(A)(iv),''.
(3) Effective date.--The amendments made by this subsection
shall apply to applications filed before, on, or after the date
of the enactment of VAWA-2000.
(c) Clarification of No Separate Adjustment Application for
Derivative Children.--
(1) In general.--Section 245(a) of the Immigration and
Nationality Act (8 U.S.C. 1255(a)) is amended by adding at the
end the following: ``In the case of a petition under clause
(ii), (iii), or (iv) of section 204(a)(1)(A) that includes an
individual as a derivative child of a principal alien, no
adjustment application other than the adjustment application of
the principal alien shall be required for adjustment of status
of the individual under this subsection or subsection (c).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to applications filed before, on, or after such
date.
(d) Late Petition Permitted for Adults Abused as Children.--
(1) In general.--Section 204(a)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(D)), is amended by
adding at the end the following new clause:
``(iv) In the case of an alien who qualified to petition under
subparagraph (A)(iv) or (B)(iii) as of the date the individual attained
21 years of age, the alien may file a petition under such respective
subparagraph notwithstanding that the alien has attained such age or
been married so long as the petition is filed before the date the
individual attains 25 years of age. In the case of such a petition, the
alien shall remain eligible for adjustment of status as a child
notwithstanding that the alien has attained 21 years of age or has
married, or both.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to individuals who attain 21 years of age on or
after the date of the enactment of VAWA-2000.
SEC. 913. SELF-PETITIONING PARENTS.
(a) In General.--Section 204(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the
end the following new clause:
``(vii) An alien who--
``(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
battering or extreme cruelty by the United States citizen son
or daughter or who within the past two years 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) by virtue of the alien's
relationship to the son or daughter referred to in subclause
(I); and
``(IV) resides, or has resided in the past, with the
citizen daughter or son;
may file a petition with the Secretary of Homeland Security under this
subparagraph for classification of the alien under such section if the
alien demonstrates that the alien has been battered by or has been the
subject of extreme cruelty perpetrated by the alien's citizen son or
daughter.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICATIONS.
(a) In General.--Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking
``an incident of domestic violence'' and inserting ``battering
or extreme cruelty by the United States citizen spouse'';
(2) in subparagraph (A)(iv), by striking ``an incident of
domestic violence'' and inserting ``battering or extreme
cruelty by such parent'';
(3) in subparagraph (B)(ii)(II)(aa)(CC)(bbb), as
redesignated by section 912(a)(2)(B)(i), by striking ``due to
an incident of domestic violence'' and inserting ``related to
battering or extreme cruelty by the lawful permanent resident
spouse''; and
(4) in subparagraph (B)(iii), by striking ``due to an
incident of domestic violence'' and inserting ``related to
battering or extreme cruelty by such parent''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of VAWA-2000.
SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND
APPLICATIONS FOR RELIEF.
(a) Relief.--
(1) Limitation on removal or deportation.--Section 237 of
the Immigration and Nationality Act (8 U.S.C. 1227) is amended
by adding at the end the following new subsection:
``(d)(1) In the case of an alien in the United States for whom a
petition as a VAWA petitioner has been filed, if the petition sets
forth a prima facie case for approval, the Secretary of Homeland
Security, in the Secretary's sole unreviewable discretion, may grant
the alien deferred action until the petition is approved or the
petition is denied after exhaustion of administrative appeals. In the
case of the approval of such petition, such deferred action may be
extended until a final determination is made on an application for
adjustment of status.
``(2) In the case of an alien in the United States for whom an
application for nonimmigrant status (whether as a principal or
derivative child) under subparagraph (T) or (U) of section 101(a)(15)
has been filed, if the application sets forth a prima facie case for
approval, the Secretary of Homeland Security, in the Secretary's sole
unreviewable discretion, may grant the alien deferred action until the
application is approved or the application is denied after exhaustion
of administrative appeals.
``(3) During a period in which an alien is provided deferred action
under this subsection, the alien shall not be removed or deported. ''.
(2) Limitation on detention.--Section 236 of such Act (8
U.S.C. 1226) is amended by adding at the end the following new
subsection:
``(f) Limitation on Detention of Certain Victims of Violence.--(1)
An alien for whom a petition as a VAWA petitioner has been approved or
for whom an application for nonimmigrant status (whether as a principal
or derivative child) under subparagraph (T) or (U) of section
101(a)(15) has been approved, subject to paragraph (2), the alien shall
not be detained if the only basis for detention is a ground for which--
``(A) a waiver is provided under section 212(h),
212(d)(13), 212(d)(14), 237(a)(7), or 237(a)(2)(a)(V); or
``(B) there is an exception under section 204(a)(1)(C).
``(2) Paragraph (1) shall not apply in the case of detention that
is required under subsection (c) or section 236A.''.
(3) Employment authorization.--
(A) For vawa petitioners.--Section 204(a)(1) of
such Act (8 U.S.C. 1154(a)(1)) is amended by adding at
the end the following:
``(K)(i) In the case of an alien for whom a petition as a VAWA
petitioner is approved, the alien is eligible for work authorization
and shall be provided an `employment authorized' endorsement or other
appropriate work permit.''.
(B) For aliens with approved t visas.--Section
214(o) of such Act (8 U.S.C. 1184(o)), as amended by
section 901(b)(2), is amended by adding at the end the
following new paragraph:
``(8) In the case of an alien for whom an application for
nonimmigrant status (whether as a principal or derivative) under
section 101(a)(15)(T) has been approved, the alien is eligible for work
authorization and shall be provided an `employment authorized'
endorsement or other appropriate work permit.''.
(4) Processing of applications.--Section 204(a)(1)(K) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(K)),
as added by paragraph (3)(A), is amended by adding at the end
the following:
``(ii) A petition as a VAWA petitioner shall be processed without
regard to whether a proceeding to remove or deport such alien is
brought or pending.''.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply to petitions and applications filed before, on, or
after such date.
(b) Applicants for Cancellation of Removal or Suspension of
Deportation.--
(1) In general.--Section 240A(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(2)) is amended by adding at
the end the following new subparagraph:
``(E) Relief while application pending.--In the
case of an alien who has applied for relief under this
paragraph and whose application sets forth a prima
facie case for such relief or who has filed an
application for relief under section 244(a)(3) (as in
effect on March 31, 1997) that sets forth a prima facie
case for such relief--
``(i) the alien shall not be removed or
deported until the application has been
approved or, in the case it is denied, until
all opportunities for appeal of the denial have
been exhausted; and
``(ii) such an application shall be
processed without regard to whether a
proceeding to remove or deport such alien is
brought or pending.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to applications filed before, on, or after such
date.
SEC. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.
(a) Fiancees.--
(1) Self-petitioning.--Section 204(a)(1)(A)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii))
is amended--
(A) in subclause (I)(bb), by inserting after
``during the marriage'' the following: ``or
relationship intended by the alien to be legally a
marriage or to conclude in a valid marriage'';
(B) in subclause (II)(aa)--
(i) by striking ``or'' at the end of
subitem (BB);
(ii) by inserting ``or'' at the end of
subitem (CC); and
(iii) by adding at the end the following
new subitem:
``(DD) who entered the United States as an alien described
in section 101(a)(15)(K) with the intent to enter into a valid
marriage and the alien (or child of the alien) was battered or
subject to extreme cruelty in the United States by the United
States citizen who filed the petition to accord status under
such section;'';
(C) in subclause (II)(cc), by striking ``or who''
and inserting ``, who'' and by inserting before the
semicolon at the end the following: ``, or who is
described in subitem (aa)(DD)''; and
(D) in subclause (II)(dd), by inserting ``or who is
described in subitem (aa)(DD)'' before the period at
the end.
(2) Exception from requirement to depart.--Section 214(d)
of such Act (8 U.S.C. 1184(d)) is amended by inserting before
the period at the end the following: ``unless the alien (and
the child of the alien) entered the United States as an alien
described in section 101(a)(15)(K) with the intent to enter
into a valid marriage and the alien or child was battered or
subject to extreme cruelty in the United States by the United
States citizen who filed the petition to accord status under
such section''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply to aliens admitted before, on, or after such date.
(b) Spouses Who Are Conditional Permanent Residents.--
(1) In general.--Section 245(d) of the Immigration and
Nationality Act (8 U.S.C. 1255(d)) is amended--
(A) by inserting ``(1)'' after ``(d)''; and
(B) by adding at the end the following new
paragraph:
``(2) Paragraph (1) shall not apply to an alien who seeks
adjustment of status on the basis of an approved petition for
classification as a VAWA petitioner.''.
(2) Conforming application in cancellation of removal.--
Section 240A(b)(2)(A)(i) of such Act (8 U.S.C.
1229b(b)(2)(A)(i)) is amended--
(A) by striking ``or'' at the end of subclause
(II);
(B) by adding ``or'' at the end of subclause (III);
and
(C) by adding at the end the following new
subclause:
``(IV) the alien entered the United States
as an alien described in section 101(a)(15)(K)
with the intent to enter into a valid marriage
and the alien (or the child of the alien who is
described in such section) was battered or
subject to extreme cruelty in the United States
by the United States citizen who filed the
petition to accord status under such
section;''.
(3) Exception to restriction on adjustment of status.--The
second sentence of section 245(d)(1) of such Act (8 U.S.C.
1255(d)(1)), as designated by paragraph (1)(A), is amended by
inserting ``who is not described in section
204(a)(1)(A)(iii)(II)(aa)(DD)'' after ``alien described in
section 101(a)(15)(K)''.
(4) Application under suspension of deportation.--Section
244(a)(3) of such Act (as in effect on March 31, 1997) shall be
applied (as if in effect on such date) as if the phrase ``is
described in section 240A(b)(2)(A)(i)(IV) or'' were inserted
before ``has been battered'' the first place it appears.
(5) Effective date.--The amendments made by this
subsection, and the provisions of paragraph (4), shall take
effect on the date of the enactment of this Act and shall apply
to applications for adjustment of status, for cancellation of
removal, or for suspension of deportation filed before, on, or
after such date.
(c) Information on Certain Convictions and Limitation on Petitions
for K Nonimmigrant Petitioners.--Section 214(d) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)) is amended--
(1) by striking ``(d)'' and inserting ``(d)(1)'';
(2) by inserting after the second sentence the following:
``Such information shall include information on any criminal
convictions of the petitioner for domestic violence, sexual
assault, or child abuse.''; and
(3) by adding at the end the following:
``(2)(A) Subject to subparagraph (B), 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 more
than 2 applying aliens; and
``(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 discretion of
the Secretary, waive the limitation in subparagraph (A), if
justification exists for such a waiver.
``(3) For purposes of this subsection--
``(A) the term `child abuse' means a felony or misdemeanor
crime, as defined by Federal or State law, committed by an
offender who is a stranger to the victim, or committed by an
offender who is known by, or related by blood or marriage to,
the victim, against a victim who has not attained the lesser
of--
``(i) 18 years of age; or
``(ii) except in the case of sexual abuse, the age
specified by the child protection law of the State in
which the child resides; and
``(B) the terms `domestic violence' and `sexual assault'
have the meaning given such terms in section 2003 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-2).''.
(d) Spouses and Children of Asylum Applicants Under Adjustment
Provisions.--
(1) In general.--Section 209(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1159(b)(3)) is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following:
``(B) was the spouse of a refugee within the meaning of
section 101(a)(42)(A) at the time the asylum application was
granted and who was battered or was the subject of extreme
cruelty perpetrated by such refugee or whose child was battered
or subjected to extreme cruelty by such refugee (without the
active participation of such spouse in the battery or cruelty),
or
``(C) was the child of a refugee within the meaning of
section 101(a)(42)(A) at the time of the filing of the asylum
application and who was battered or was the subject of extreme
cruelty perpetrated by such refugee,''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and--
(A) section 209(b)(3)(B) of the Immigration and
Nationality Act, as added by paragraph (1)(B), shall
apply to spouses of refugees for whom an asylum
application is granted before, on, or after such date;
and
(B) section 209(b)(3)(C) of such Act, as so added,
shall apply with respect to the child of a refugee for
whom an asylum application is filed before, on, or
after such date.
(e) Visa Waiver Entrants.--
(1) In general.--Section 217(b)(2) of such Act (8 U.S.C.
1187(b)(2)) is amended by inserting after ``asylum,'' the
following: ``as a VAWA petitioner, or for relief under
subparagraph (T) or (U) of section 101(a)(15), under section
240A(b)(2), or under section 244(a)(3) (as in effect on March
31, 1997),''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to waivers provided under section 217(b)(2) of the
Immigration and Nationality Act before, on, or after such date
as if it had been included in such waivers.
(f) Exception From Foreign Residence Requirement for Educational
Visitors.--
(1) In general.--Section 212(e) of such Act (8 U.S.C.
1182(e)) is amended, in the matter before the first proviso, by
inserting ``unless the alien is a VAWA petitioner or an
applicant for nonimmigrant status under subparagraph (T) or (U)
of section 101(a)(15)'' after ``for an aggregate of a least two
years following departure from the United States''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to aliens regardless of whether the foreign
residence requirement under section 212(e) of the Immigration
and Nationality Act arises out of an admission or acquisition
of status under section 101(a)(15)(J) of such Act before, on,
or after the date of the enactment of this Act.
SEC. 917. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR
ADJUSTMENTS OF STATUS.
(a) Application of Motions to Reopen for All VAWA Petitioners.--
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the
REAL ID Act of 2005 (division B of Public Law 109-13), is amended--
(1) in subclause (I), by striking ``under clause (iii) or
(iv) of section 204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B)'' and inserting ``as a VAWA petitioner''; and
(2) in subclause (II), by inserting ``or adjustment of
status'' after ``cancellation of removal''.
(b) Application of VAWA Deportation Protections for Transitional
Relief to All VAWA Petitioners.--Section 1506(c)(2) of the Violence
Against Women Act of 2000 (8 U.S.C. 1229a note) 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 as a VAWA petitioner (as
defined in section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(51)) or under section 244(a)(3) of such
Act (8 U.S.C. 1254(a)(3)); 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)''.
(c) Application of VAWA-Related Relief Under Section 202 of
NACARA.--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 after ``April 1,
2000'' the following: ``, or, in the case of an alien who
qualifies under subparagraph (B)(ii), applies for such
adjustment during the 18-month period beginning on the date of
enactment of the Violence Against Women Act of 2005'' .
(d) Petitioning Rights of Certain Former Spouses Under Cuban
Adjustment.--The first section of Public Law 89-732 (8 U.S.C. 1255
note) is amended by adding at the end the following: ``An alien who was
the spouse of any Cuban alien described in this section and has resided
with such spouse shall continue to be treated as such a spouse for 2
years after the date on which the Cuban alien dies (or, if later, 2
years after the date of enactment of Violence Against Women Act of
2005), or for 2 years after the date of termination of the marriage
(or, if later, 2 years after the date of enactment of Violence Against
Women Act of 2005) if the alien demonstrates a connection between the
termination of the marriage and the battering or extreme cruelty by the
Cuban alien.''.
(e) Self-Petitioning Rights of HRIFA Applicants.--Section
902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998
(division A of section 101(h) of Public Law 105-277; 112 Stat. 2681-
538; 8 U.S.C. 1255 note), as amended by section 1511(a) of VAWA-2000,
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'';
and
(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''.
(f) Self-Petitioning Rights Under Section 203 of NACARA.--Section
309 of the Illegal Immigration and Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note), as
amended by section 203(a) of the Nicaraguan Adjustment and Central
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), is
amended--
(1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by
section 1510(b) of VAWA-2000--
(A) by striking ``or'' at the end of subitem (BB);
(B) by striking ``and'' at the end of subitem (CC)
and inserting ``or''; and
(C) by adding at the end the following new subitem:
``(DD) at the time at which
the spouse or child files an
application for suspension of
deportation or cancellation of
removal; and''; and
(2) in subsection (g)--
(A) by inserting ``(1)'' before
``Notwithstanding'';
(B) by inserting ``subject to paragraph (2),''
after ``section 101(a) of the Immigration and
Nationality Act)),''; and
(C) by adding at the end the following new
paragraph:
``(2) There shall be no limitation on a motion to reopen removal or
deportation proceedings in the case of an alien who is described in
subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen
removal or deportation proceedings in the case of such an alien shall
be handled under the procedures that apply to aliens seeking relief
under section 204(a)(1)(A)(iii) of the Immigration and Nationality
Act.''.
(g) Limitation on Petitioning for Abuser.--Section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as amended by
section 915(a)(3)(A), 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 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's) eligibility as a
VAWA petitioner or for such nonimmigrant status.''.
(h) Effective Date.--Except as otherwise provided in this section,
the amendments made by this section shall take effect on the date of
the enactment of this Act.
SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DERIVATIVES OF
TRAFFICKING VICTIMS.
(a) In General.--Section 240A(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(4)) is amended--
(1) in the heading, by striking ``Children of battered
aliens'' and inserting ``Battered aliens, children of battered
aliens, and derivative family members of trafficking
victims,'';
(2) in subparagraph (A)--
(A) by striking ``or'' at the end of clause (i);
(B) by striking the period at the end of clause
(ii) and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(iii) VAWA petitioner whose petition was
approved based on having been battered or
subjected to extreme cruelty by a United States
citizen spouse, parent, or son or daughter and
who is admissible and eligible for an immigrant
visa;
``(iv) VAWA petitioner whose petition was
approved based on having been battered or
subjected to extreme cruelty by a lawful
permanent resident spouse or parent, who is
admissible and would be eligible for an
immigrant visa but for the fact that an
immigrant visa is not immediately available to
the alien, and who filed a petition for
classification under section 204(a)(1)(B), if
at least 3 years has elapsed since the
petitioner's priority date; or
``(v) an alien whom the Secretary of State
determines would, but for an application or
approval, meet the conditions for approval as a
nonimmigrant described in section
101(a)(15)(T)(ii).''; and
(3) in subparagraph (B)--
(A) in the first sentence, by striking ``The grant
of parole'' and inserting ``(i) The grant of parole
under subparagraph (A)(i) or (A)(ii)'';
(B) in the second sentence, by striking ``covered
under this paragraph'' and inserting ``covered under
such subparagraphs'';
(C) in the last sentence, by inserting ``of
subparagraph (A)'' after ``clause (i) or (ii)''; and
(D) by adding at the end the following new clauses:
``(ii) The grant of parole under subparagraph
(A)(iii) or (A)(iv) shall extend from the date of
approval of the applicable petition to the time the
application for adjustment of status filed by aliens
covered under such subparagraphs has been finally
adjudicated. Applications for adjustment of status
filed by aliens covered under such subparagraphs shall
be treated as if they were applications filed under
section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or
(B)(iii) for purposes of section 245 (a) and (c).
``(iii) The grant of parole under subparagraph
(A)(v) shall extend from the date of the determination
of the Secretary of State described in such
subparagraph to the time the application for status
under section 101(a)(15)(T)(ii) has been finally
adjudicated. Failure by such an alien to exercise due
diligence in filing a visa petition on the alien's
behalf may result in revocation of parole.''.
(b) Conforming Reference.--Section 212(d)(5) of such Act (8 U.S.C.
1182(d)(5)) is amended by adding at the end the following new
subparagraph:
``(C) Parole is provided for certain battered aliens, children of
battered aliens, and parents of battered alien children under section
240A(b)(4).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND
TRAFFICKING FROM SANCTIONS FOR FAILURE TO DEPART
VOLUNTARILY.
(a) In General.--Section 240B(d) of the Immigration and Nationality
Act (8 U.S.C. 1229c(d)) is amended--
(1) by striking ``If'' and inserting ``(1) Subject to
paragraph (2), if''; and
(2) by adding at the end the following new paragraph:
``(2) The ineligibility for relief under paragraph (1) shall not
apply to an alien who is a VAWA petitioner, who is seeking status as a
nonimmigrant under subparagraph (T) or (U) of section 101(a)(15), or
who is an applicant for relief under section 240A(b)(2) or under
section 244(a)(3) (as in effect on March 31, 1997), if there is a
connection between the failure to voluntarily depart and the battery or
extreme cruelty, trafficking, or criminal activity, referred to in the
respective provision.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply as if included in the enactment of the Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208)
and shall apply to failures to depart voluntarily occurring before, on,
or after the date of the enactment of this Act.
SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF
DOMESTIC VIOLENCE.
(a) In General.--Section 319(a) of the Immigration and Nationality
Act (8 U.S.C. 1430(a)) is amended by inserting after ``extreme cruelty
by a United States citizen spouse or parent'' the following: ``,
regardless of whether the lawful permanent resident status was obtained
on the basis of such battery or cruelty''.
(b) Use of Credible Evidence.--Such section is further amended by
adding at the end the following: ``The provisions of section
204(a)(1)(J) shall apply in acting on an application under this
subsection in the same manner as they apply in acting on petitions
referred to in such section.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
applications for naturalization filed before, on, or after the date of
the enactment of this Act.
SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF ADMISSIBILITY OR
DEPORTABILITY BASED ON PROTECTED INFORMATION.
(a) Application of Restrictions on Additional Departments.--Section
384 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1367) is amended--
(1) in subsection (a), as amended by section 1513(d) of
VAWA-2000--
(A) in the matter before paragraph (1), by striking
``(including any bureau or agency of such Department)''
and inserting ``, or the Secretary of Homeland
Security, the Secretary of State, the Secretary of
Health and Human Services, or the Secretary of Labor or
any other official or employee of the Department of
Homeland Security, the Department of State, the
Department of Health and Human Services, or the
Department of Labor (including any bureau or agency of
any such Department)''; and
(B) in paragraph (2), by striking ``of the
Department,'' and inserting ``of any such
Department,''; and
(2) in subsection (b)--
(A) in paragraphs (1), by striking ``The Attorney
General may provide, in the Attorney General's
discretion'' and inserting ``The Attorney General,
Secretary of Homeland Security, Secretary of State,
Secretary of Health and Human Services, and Secretary
of Labor may provide, in each's discretion'';
(B) in paragraph (2), by striking ``The Attorney
General may provide in the discretion of the Attorney
General'' and inserting ``The Attorney General,
Secretary of Homeland Security, Secretary of State,
Secretary of Health and Human Services, and the
Secretary of Labor may provide, in each's discretion'';
and
(C) in paragraph (5), by striking ``is authorized
to disclose'' and inserting ``, Secretary of Homeland
Security, Secretary of State, Secretary of Health and
Human Services, and Secretary of Labor, or Attorney
General may disclose''.
(b) Increasing Scope of Aliens and Information Protected.--
Subsection (a) of such section is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by
striking ``furnished solely by'' and inserting
``furnished by or derived from information provided
solely by'';
(B) by striking ``or'' at the end of subparagraph
(D);
(C) by adding ``or'' at the end of subparagraph
(E); and
(D) by inserting after subparagraph (E) the
following new subparagraph:
``(F) in the case of an alien applying for
continued presence as a victim of trafficking under
section 107(b)(1)(E)(i)(II)(bb) of the Trafficking
Protection Act of 2000 or status under section
101(a)(15)(T) of the Immigration and Nationality Act,
the trafficker or perpetrator,''; and
(2) in paragraph (2)--
(A) by striking ``under clause (iii) or (iv) of
section 204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B)'' and inserting ``as a VAWA petitioner (as
defined in section 101(a)(51) of the Immigration and
Nationality Act), or under''; and
(B) by striking ``or section 244(a)(3) of such Act
as an alien (or the parent of a child) who has been
battered or subjected to extreme cruelty.'' and
inserting the following: ``, section 101(a)(15)(T),
section 214(c)(15), or section 240A(b)(2) of such Act,
or section 244(a)(3) of such Act (as in effect on March
31, 1997), or for continued presence as a victim of
trafficking under section 107(b)(1)(E)(i)(II)(bb) of
the Trafficking Protection Act of 2000, or any
derivative of the alien;''.
(c) Providing for Congressional Review.--Subsection (b) of such
section is amended by adding at the end the following new paragraph:
``(6) Subsection (a) shall not apply to prevent the
Attorney General and the Secretary of Homeland Security from
disclosing to the chairmen and ranking members of the Judiciary
Committees of the House of Representatives and of the Senate in
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).''.
(d) Application to Juvenile Special Immigrants.--Subsection (a) of
such section, as amended by subsection (b)(2)(B), is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by adding ``or'' at the end of paragraph (2); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) in the case of an alien described in section
101(a)(27)(J) of the Immigration and Nationality Act who has
been abused, neglected, or abandoned, contact the alleged
abuser (or family member of the alleged abuser) at any stage of
applying for special immigrant juvenile status, including after
a request for the consent of the Secretary of Homeland Security
under clause (iii)(I) of such section.''.
(e) Improved Enforcement.--Subsection (c) of such section is
amended by adding at the end the following: ``The Office of
Professional Responsibility in the Department of Justice shall be
responsible for carrying out enforcement under the previous
sentence.''.
(f) 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.--Removal proceedings shall not be initiated against an
alien unless there is a certification of either of the following:
``(1) No enforcement action was taken leading to such
proceedings against the alien--
``(A) at a domestic violence shelter, a victims
services organization or program (as described in
section 2003(8) of the Omnibus Crime Control and Safe
Streets Act of 1968), a rape crisis center, a family
justice center, or a supervised visitation center; or
``(B) at a courthouse (or in connection with the
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 (U) of section
101(a)(15).
``(2) Such an enforcement action was taken, but the
provisions of section 384(a)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 have been
complied with.''.
(2) Compliance.--Section 384(c) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1367(c)) is amended 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''.
(g) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
violations or disclosures made on or after such date.
SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT LEGAL RIGHTS AND
RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of State,
shall develop consistent and accurate materials, including an
information pamphlet described in subsection (b), on legal rights and
resources for immigrant victims of domestic violence for dissemination
to applicants for K nonimmigrant visas. In preparing such materials,
the Secretary shall consult with non-governmental organizations with
expertise on the legal rights of immigrant victims of battery, extreme
cruelty, sexual assault and other crimes.
(b) Information Pamphlet.--The information pamphlet developed under
subsection (a) shall include information on the following:
(1) The K nonimmigrant visa application process and the
marriage-based immigration process, including conditional
residence and adjustment of status.
(2) The illegality of domestic violence, sexual assault,
and child abuse in the United States and the dynamics of
domestic violence.
(3) Domestic violence and sexual assault services in the
United States, including the National Domestic Violence Hotline
and the National Sexual Assault Hotline.
(4) The legal rights of immigrant victims of abuse and
other crimes in immigration, criminal justice, family law, and
other matters.
(5) The obligations of parents to provide child support for
children.
(6) Marriage fraud under United States immigration laws and
the penalties for committing such fraud.
(7) A warning concerning the potential use of K
nonimmigrant visas by individuals who have a history of
committing domestic violence, sexual assault, or child abuse.
(c) 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 subsection (a) that shall be
used by consular officers when reviewing the pamphlet in interviews
under section (e)(2).
(d) Translation.--
(1) In general.--In order to best serve the language groups
having the greatest concentration of K nonimmigrant visa
applicants, the information pamphlet under subsection (b)
shall, subject to paragraph (2), be translated by the Secretary
of State into the following languages: Russian, Spanish,
Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish,
Japanese, French, Arabic, Portuguese, and Hindi.
(2) Revision.--Every two years, the Secretary of Homeland
Security, in consultation with the Attorney General and the
Secretary of State, shall determine the specific languages into
which the information pamphlet is translated based on the
languages spoken by the greatest concentrations of K
nonimmigrant visa applicants.
(e) Availability and Distribution.--The information pamphlet
developed under subsection (a) shall be made available and distributed
as follows:
(1) Mailings to k nonimmigrant visa applicants.--
(A) 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.
(B) In addition, in the case of an applicant for a
nonimmigrant visa under section 101(a)(15)(K)(i) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)(i)) the Secretary of Homeland Security
shall provide to the Secretary of State, for inclusion
in the mailing under subparagraph (A), a copy of the
petition submitted by the petitioner for such applicant
under section 214(d) of such Act (8 U.S.C. 1184(d)).
(C) 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
such section 214(d). The Secretary of State, in turn,
shall share any such criminal background information
that is in the public record with the 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 subparagraph 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.
(2) Consular interviews.--The pamphlet shall be distributed
directly to K nonimmigrant visa applicants at all consular
interviews for such visas. The consular officer conducting the
visa interview shall review the pamphlet and summary with the
applicant orally in the applicant's primary language, in
addition to distributing the pamphlet to the applicant in
English.
(3) Consular access.--The pamphlet shall be made available
to the public at all consular posts. Summaries of the pamphlets
under subsection (c) shall be made available to foreign service
officers at all consular posts.
(4) Posting on state department website.--The pamphlet
shall be posted on the website of the Department of State as
well as on the websites of all consular posts processing K
nonimmigrant visa applications.
(f) K Nonimmigrant Defined.--For purposes of this section, 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)).
SEC. 923. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Homeland Security such sums as may be necessary to provide for
adjudication of petitions and adjustment applications of VAWA
petitioners (as defined in section 101(a)(51) of the Immigration and
Nationality Act, as added by section 911(a)) and of aliens seeking
status as nonimmigrants under subparagraph (T) or (U) of section
101(a)(15) of such Act.
Subtitle C--Miscellaneous Provisions
SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY REQUIREMENT FOR
BATTERED ADOPTED CHILDREN.
(a) In General.--Section 101(b)(1)(E)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting
after ``at least two years'' the following: ``or if the child has been
battered or subject to extreme cruelty by the adopting parent or by a
family member of the adopting parent residing in the same household''.
(b) Conforming Naturalization Amendment.--Section 320(a)(3) of such
Act (8 U.S.C. 1431(a)(3)) is amended by inserting before the period at
the end the following: ``or the child is residing in the United States
pursuant to a lawful admission for permanent residence and has been
battered or subject to extreme cruelty by the citizen parent or by a
family member of the citizen parent residing in the same household ''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
applications pending or filed on or after such date.
SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY FOR VAWA
PETITIONERS.
(a) Waiver of False Claim of U.S. Citizenship.--
(1) In general.--Section 212(i)(1) of such Act (8 U.S.C.
1182(i)(1)) is amended by inserting ``(and, in the case of a
VAWA petitioner who demonstrates a connection between the false
claim of United States citizenship and the petitioner being
subjected to battery or extreme cruelty, clause (ii))'' after
``clause (i)''.
(2) Conforming reference.--Section 212(a)(6)(C)(iii) of
such Act (8 U.S.C. 1182(a)(6)(C)(iii)) is amended by striking
``clause (i)'' and inserting ``clauses (i) and (ii)''.
(b) Exemption From Public Charge Ground.--
(1) In general.--Section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)) is amended by adding at the end the following new
subparagraph:
``(E) Special rule for battered aliens.--
Subparagraphs (A) through (C) shall not apply to an
alien who is a VAWA petitioner or is a qualified alien
described in section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996.''.
(2) Conforming amendment.--Section 212(a)(4)(C)(i) of such
Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows:
``(i) the alien is described in
subparagraph (E); or''.
(c) Effective Date.--Except as provided in this section, the
amendments made by this section shall take effect on the date of the
enactment of this Act and shall apply regardless of whether the
conviction was entered, crime, or disqualifying event occurred before,
on, or after such date.
SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN
NONIMMIGRANTS.
(a) In General.--Section 214(c) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)), as amended by sections 403(a) and 404(a) of the
REAL ID Act of 2005 (division B of Public Law 109-13), is amended by
adding at the end the following new paragraph:
``(15) 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)(i) of such section, respectively, the Secretary
of Homeland Security shall 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 to extreme cruelty perpetrated by the spouse of the alien
spouse. Requests for relief under this paragraph shall be handled under
the procedures that apply to aliens seeking relief under section
204(a)(1)(A)(iii).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
aliens who obtained the status of an alien spouse before, on, or after
such date.
SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDITIONAL PERMANENT
RESIDENCE FOR INTENDED SPOUSES.
(a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``, or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the alien meets the requirements under
section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the
marriage ceremony has been battered by or was subject
to extreme cruelty perpetrated by his or her intended
spouse and was not at fault in failing to meet the
requirements of paragraph (1).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply as if included in the enactment of VAWA-2000.
SEC. 935. CANCELLATION OF REMOVAL.
(a) 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)--
(i) by inserting ``subject to paragraph
(5),'' after ``(C)''; and
(ii) by striking ``(except in a case
described in section 237(a)(7) where the
Attorney General exercises discretion to grant
a waiver)'';
(B) in paragraph (2)(A), by amending clause (iv) to
read as follows:
``(iv) subject to paragraph (5), the alien
is not inadmissible under paragraph (2) or (3)
of section 212(a), is not removable under
paragraph (2), (3)(D), or (4) of section
237(a), and is not removable under section
237(a)(1)(G) (except if there was a connection
between the marriage fraud described in such
section and the battery or extreme cruelty
described in clause (i)); and''; and
(C) by adding at the end the following new
paragraph:
``(5) Application of domestic violence waiver authority.--
The provisions of section 237(a)(7) shall apply in the
application of paragraphs (1)(C) and (2)(A)(iv) (including
waiving grounds of deportability) in the same manner as they
apply under section 237(a). In addition, for purposes of such
paragraphs and in the case of an alien who has been battered or
subjected to extreme cruelty and if there was a connection
between the inadmissibility or deportability and such battery
or cruelty with respect to the activity involved, the Attorney
General may waive, in the sole unreviewable discretion of the
Attorney General, any other ground of inadmissibility or
deportability for which a waiver is authorized under section
212(h), 212(d)(13), 212(d)(14), or 237(a)(2)(A)(v), and the
exception described in section 204(a)(1)(C) shall apply.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply as if included in the enactment of section 1504(a)
of VAWA-2000.
(b) Clarifying Nonapplication of Cancellation Cap.--
(1) In general.--Section 240A(e)(3) of the Immigration and
Nationality Act (8 U.S.C. 1229b(e)(3)) is amended by adding at
the end the following new subparagraph:
``(C) Aliens with respect to their cancellation of
removal under subsection (b)(2).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to cancellations of removal occurring on or after
October 1, 2004.
SEC. 936. MOTIONS TO REOPEN.
(a) Removal Proceedings.--
(1) In general.--Section 240(c)(7) of the Immigration and
Nationality Act (8 U.S.C. 1230(c)(7)), as redesignated by
section 101(d)(1) of the REAL ID Act of 2005 (division B of
Public Law 109-13), is amended--
(A) in subparagraph (A), by inserting ``, except
that this limitation shall not apply so as to prevent
the filing of one motion to reopen described in
subparagraph (C)(iv)'' before the period at the end;
and
(B) in subparagraph (C)--
(i) in the heading of clause (iv), by
striking ``spouses and children'' and inserting
``spouses, children, and parents'';
(ii) 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'';
(iii) in clause (iv)(I), by inserting ``or
section 244(a)(3) (as in effect on March 31,
1997)'' after ``section 240A(b)(2)'';
(iv) by striking ``and'' at the end of
clause (iv)(II);
(v) by striking the period at the end of
clause (iv)(III) and inserting ``; and''; and
(vi) 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 stay the removal of the alien
pending final disposition of the motion
including exhaustion of all appeals if the
motion establishes a prima facie case for the
relief applied for.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(b) Deportation and Exclusion Proceedings.--
(1) In general.--Section 1506(c)(2) of VAWA-2000 is
amended--
(A) in the matter before clause (i) of subparagraph
(A), by striking ``Notwithstanding any limitation
imposed by law on motions to reopen or rescind
deportation'' inserting ``Notwithstanding any
limitation on the number of motions, or the deadlines
for filing motions (including the deadline specified in
section 242B(c)(3) of the Immigration and Nationality
Act before the title III-A effective date), to reopen
or rescind deportation or exclusion'';
(B) in the matter before clause (i) of subparagraph
(A), by striking ``there is no time limit on the filing
of a motion'' and all that follows through ``does not
apply'' and inserting ``such limitations shall not
apply to the filing of a single motion under this
subparagraph to reopen such proceedings'';
(C) by adding at the end of subparagraph (A) the
following:
``The filing of a motion under this subparagraph shall
stay the removal of the alien pending a final
disposition of the motion including the exhaustion of
all appeals if the motion establishes a prima facie
case for the relief applied for.'';
(D) in subparagraph (B), by inserting ``who are
physically present in the United States and'' after
``filed by aliens''; and
(E) in subparagraph (B)(i), by inserting ``or
exclusion'' after ``deportation''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act.
SEC. 937. REMOVAL PROCEEDINGS.
(a) Treatment of Battery or Extreme Cruelty as Exceptional
Circumstances.--Section 240(e)(1) of such Act (8 U.S.C. 1230(e)(1)) is
amended by inserting ``battery or extreme cruelty of the alien or any
child or parent of the alien or'' after ``exceptional circumstances
(such as''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
a failure to appear that occurs before, on, or after such date.
SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPORTATION PARALLEL TO
THE RELIEF AVAILABLE IN VAWA-2000 CANCELLATION FOR
BIGAMY.
Section 244(a)(3) of 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)
shall be applied as if ``or by a United States citizen or lawful
permanent resident whom the alien intended to marry, but whose marriage
is not legitimate because of that United States citizen's or permanent
resident's bigamy'' were inserted after ``by a spouse or parent who is
a United States citizen or lawful permanent resident''.
SEC. 939. CORRECTION OF CROSS-REFERENCE TO CREDIBLE EVIDENCE
PROVISIONS.
(a) Cuban Adjustment Provision.--The last sentence of the first
section of Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note), as
amended by section 1509(a) of VAWA-2000, is amended by striking
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
(b) NACARA.--Section 202(d)(3) of the Nicaraguan Adjustment and
Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100),
as amended by section 1510(a)(2) of VAWA-2000, is amended by striking
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
(c) IIARAIRA.--Section 309(c)(5)(C)(iii) of the Illegal Immigration
and Reform and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1101 note), as amended by section
1510(b)(2) of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and
inserting ``204(a)(1)(J)''.
(d) HRIFA.--Section 902(d)(1)(B)(iii) of the Haitian Refugee
Immigration Fairness Act of 1998 (division A of section 101(h) of
Public Law 105-277; 112 Stat. 2681-538), as amended by section 1511(a)
of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and inserting
``204(a)(1)(J)''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of VAWA-2000.
SEC. 940. PROHIBITING ABUSERS FROM SPONSORING FAMILY IMMIGRANTS.
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended by adding at the end the following:
``(l) Notwithstanding subsection (a), a petition may not be
approved under subparagraph (A) or (B) of such subsection if the
petition is submitted by a person convicted of a crime described in
paragraph (5), (7), (8), (21), or (22) of section 2000B of the Omnibus
Crime Control and Safe Streets Act of 1968.''.
SEC. 941. TECHNICAL CORRECTIONS.
(a) Technical Corrections to References in Application of Special
Physical Presence and Good Moral Character Rules.--
(1) Physical presence rules.--Section 240A(b)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is
amended--
(A) in the first sentence, by striking
``(A)(i)(II)'' and inserting ``(A)(ii)''; and
(B) in the fourth sentence, by striking ``section
240A(b)(2)(B)'' and inserting ``this subparagraph,
subparagraph (A)(ii),''.
(2) Moral character rules.--Section 240A(b)(2)(C) of such
Act (8 U.S.C. 1229b(b)(2)(C)) is amended by striking
``(A)(i)(III)'' and inserting ``(A)(iii)''.
(3) Effective date.--The amendments made by this subsection
shall be effective as if included in the enactment of section
1504(a) of VAWA (114 Stat. 1522).
(b) Correction of Cross-Reference Error in Applying Good Moral
Character.--
(1) In general.--Section 101(f)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking
``(9)(A)'' and inserting ``(10)(A)''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104-208).
(c) Punctuation Correction.--Effective as if included in the
enactment of section 5(c)(2) of VAWA-2000, section 237(a)(1)(H)(ii) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)(ii)) is
amended by striking the period at the end and inserting ``; or''.
(d) Correction of Designation and Indentation.--The last sentence
of section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA-2000, is
amended--
(1) by striking ``section 212(a)(9)(C)(i)'' and inserting
``clause (i)'';
(2) by redesignating paragraphs (1) and (2), and
subparagraphs (A) through (D) of paragraph (2), as subclauses
(I) and (II), and items (aa) through (dd) of subclause (II),
respectively; and
(3) by moving the margins of each of such paragraphs and
subparagraphs 6 ems to the right.
(e) Additional Technical Corrections.--(1) Section
237(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1227(a)(7)(A)(i)(I)) is
amended by striking ``is self-defense'' and inserting ``in self-
defense''.
(2) Section 245(l)(2)(B) of such Act (8 U.S.C. 1255(l)(2)(B)) is
amended by striking ``(10(E))'' and inserting ``(10)(E))''.
TITLE X--SAFETY ON TRIBAL LANDS
SEC. 1001. PURPOSES.
The purposes of this title are--
(1) to decrease the incidence of domestic violence, dating
violence, sexual assault, and stalking on Tribal lands;
(2) to strengthen the capacity of Indian tribes to exercise
their sovereign authority to respond to domestic violence,
dating violence, sexual assault, and stalking on Tribal lands
under their jurisdiction; and
(3) to ensure that perpetrators of domestic violence,
dating violence, sexual assault, and stalking on Tribal lands
are held accountable for their criminal behavior.
SEC. 1002. CONSULTATION.
(a) In General.--The Secretary of the Interior and the Attorney
General shall each conduct annual consultations with Indian tribal
governments concerning the Federal administration of tribal funds and
programs established under the Violence Against Women Act of 1994
(title IV of Public Law 103-322) and the Violence Against Women Act of
2000 (division B of Public Law 106-386), including consultation
concerning--
(1) the timeliness of the Federal grant application and
award processes;
(2) the amounts awarded under each program directly to
tribal governments, tribal organizations, and tribal nonprofit
organizations;
(3) determinations not to award grant funds;
(4) grant awards made in violation of the eligibility
guidelines to a nontribal entity; and
(5) training, technical assistance, and data collection
grants for tribal grant programs or programs addressing the
safety of Indian women.
(b) Recommendations.--During consultations under subsection (a),
the Secretary and the Attorney General shall solicit recommendations
from Indian tribes concerning--
(1) administering tribal funds and programs;
(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, and stalking; and
(3) strengthening the Federal response to such violent
crimes.
SEC. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON TRIBAL LANDS.
(a) National Baseline Study.--The Attorney General, acting through
the National Institute of Justice in consultation with the Director of
the Office on Violence Against Women, shall conduct a national baseline
study to examine violence against Indian women.
(b) Scope.--
(1) In general.--The study shall examine violence committed
against Indian women, including--
(A) domestic violence;
(B) dating violence;
(C) sexual assault;
(D) stalking; and
(E) murder.
(2) Evaluation.--The study shall evaluate the effectiveness
of Federal, State, tribal, and local responses to the
violations described in paragraph (1) committed against Indian
women.
(c) Task Force.--
(1) 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 subsection (a).
(2) Members.--The Director shall appoint to the task force
representatives from--
(A) national tribal domestic violence and sexual
assault nonprofit organizations;
(B) tribal governments; and
(C) the National Congress of American Indians.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Attorney General shall submit to Congress a report that
describes the findings made in the study.
(e) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2006 and 2007, to remain available until expended.
SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS.
(a) Access to Federal Criminal Information Databases.--Section 534
of title 28, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsection
(e) and (f); and
(2) by inserting after subsection (c) the following:
``(d) Indian Law Enforcement Agencies.--The Attorney General shall
permit Indian law enforcement agencies, in cases of domestic violence,
dating violence, sexual assault, and stalking, to enter information
into Federal criminal information databases and to obtain information
from the databases, including information relating to--
``(1) identification records;
``(2) criminal history records;
``(3) protection orders; and
``(4) wanted person records.''.
(b) Tribal Registry.--
(1) Establishment.--The Attorney General shall contract
with any interested Indian tribe, tribal organization, or
tribal nonprofit organization to develop and maintain--
(A) a national tribal sex offender registry; and
(B) a tribal protection order registry containing
civil and criminal orders of protection issued by
Indian tribes and participating jurisdictions.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2006 through 2010, to remain available
until expended.
SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE AGAINST WOMEN.
Part T of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by adding after section 2015 (as added by section 604 of this
Act) the following:
``SEC. 2016. TRIBAL DIVISION.
``(a) In General.--The Director of the Office on Violence Against
Women shall designate one or more employees, each of whom shall have
demonstrated expertise in tribal law and practice regarding domestic
violence, dating violence, sexual assault, and stalking against members
of Indian tribes, to be responsible for--
``(1) overseeing and managing the administration of grants
to and contracts with Indian tribes, tribal courts, tribal
organizations, tribal nonprofit organizations and the
territories;
``(2) ensuring that, if a grant or a contract pursuant to
such a grant is made to an organization to perform services
that benefit more than one Indian tribe, the approval of each
Indian tribe to be benefited shall be a prerequisite to the
making of the grant or letting of the contract;
``(3) assisting in the development of Federal policy,
protocols, and guidelines on matters relating to domestic
violence, dating violence, sexual assault, and stalking against
members of Indian tribes;
``(4) advising the Director of the Office on Violence
Against Women concerning policies, legislation, implementation
of laws, and other issues relating to domestic violence, dating
violence, sexual assault, and stalking against members of
Indian tribes;
``(5) representing the Office on Violence Against Women in
the annual consultations under section 1002 of the Violence
Against Women Reauthorization Act of 2005;
``(6) providing assistance to the Department of Justice to
develop policy and to enforce Federal law relating to domestic
violence, dating violence, sexual assault, and stalking against
members of Indian tribes;
``(7) maintaining a liaison with the judicial branches of
Federal, State and tribal governments on matters relating to
domestic violence, dating violence, sexual assault, and
stalking against members of Indian tribes; and
``(8) ensuring that adequate tribal training, technical
assistance, and data collection is made available to Indian
tribes, tribal courts, tribal organizations, and tribal
nonprofit organizations for all programs relating to domestic
violence, dating violence, sexual assault, and stalking against
members of Indian tribes.
``(b) Authority.--
``(1) In general.--The Director shall ensure that a portion
of the tribal set-aside funds from any grant awarded under the
Violence Against Women Act of 1994 (title IV of Public Law 103-
322) or the Violence Against Women Act of 2000 (division B of
Public Law 106-386) is used to enhance the capacity of Indian
tribes to address the safety of members of Indian tribes.
``(2) Accountability.--The Director shall ensure that some
portion of the tribal set-aside funds from any grant made under
this part is used to hold offenders accountable through--
``(A) enhancement to the response of Indian tribes
to crimes of domestic violence, dating violence, sexual
assault, and stalking against Indian women, including
legal services for victims and Indian-specific offender
programs;
``(B) development and maintenance of tribal
domestic violence shelters or programs for battered
members of Indian tribes, including sexual assault
services, that are based upon the unique circumstances
of the members of Indian tribes 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 memberes of Indian tribes; and
``(E) development, implementation, and maintenance
of tribal electronic databases for tribal protection
order registries.
``SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS PROGRAM.
``(a) Establishment.--
``(1) In general.--Of the amounts set aside for Indian
tribes and tribal organizations in a program referred to in
paragraph (2), the Attorney General, through the Director of
the Office of Violence Against Women (referred to in this
section as the ``Director''), shall take such setasides and
combine them to establish the Safety for Indian Women Formula
Grants Program, a single formula grant program to enhance the
response of Indian tribal governments to address domestic
violence, sexual assault, dating violence, and stalking. Grants
made under this program shall be administered by the Tribal
Division of the Violence Against Women Office.
``(2) Programs covered.--The programs covered by paragraph
(1) are the programs carried out under the following
provisions:
``(A) Section 2007 (42 U.S.C. 3796gg-1), Grants to
Combat Violent Crimes Against Women.
``(B) Section 2101 (42 U.S.C. 3796hh), Grants to
Encourage Arrest Policies.
``(C) Section 1201 of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg-6), Legal Assistance for
Victims.
``(D) Section 1301 of the Violence Against Women
Act of 2000 (42 U.S.C. 10420), Safe Havens for Children
Pilot Program.
``(E) Section 40295 of the Violence Against Women
Act of 1994 (42 U.S.C. 13971), Rural Domestic Violence
and Child Abuser Enforcement Assistance.
``(F) Section 41002 of the Violence Against Women
Act of 1994, Grants for Court Training and
Improvements.
``(G) Section 2014(b), Sexual Assault Services
Program, Grants to States, Territories and Indian
Tribes.
``(H) Title VII, section 41201, Grants for Training
and Collaboration on the Intersection Between Domestic
Violence and Child Maltreatment. Section 41202,
Services to Advocate For and Respond to Teens.
``(I) Section 704, Grants to Combat Domestic
Violence, Dating Violence, Sexual Assault, and Stalking
In Middle And High Schools.
``(b) Purpose of Program and Grants.--
``(1) General program purpose.--The purpose of the program
required by this section is to assist Indian tribal governments
to develop and enhance effective governmental strategies to
curtail violent crimes against and increase the safety of
members of Indian tribes consistent with tribal law and custom,
specifically the following:
``(A) To increase tribal capacity to respond to
domestic violence, dating violence, sexual assault, and
stalking crimes against members of Indian tribes.
``(B) To strengthen tribal justice interventions
including tribal law enforcement, prosecution, courts,
probation, correctional facilities; and enhance
services to members of Indian tribes victimized by
domestic violence, dating violence, sexual assault, and
stalking.
``(2) Purposes for which grants may be used.--The Director
may make grants to Indian tribes for the purpose of enhancing
participating tribes' capacity to address the safety of members
of Indian tribes. Each participating tribe shall exercise its
right of self-determination and self-governance in allocating
and using funds made available under the program. Each
participating tribe may use funds under the program to support
its specific tribally based response to increasing the safety
of members of Indian tribes. Grants under the program shall
support the governmental efforts identified by the Indian tribe
required according to its distinctive ways of life to increase
the safety of members of Indian tribes from crimes of sexual
assault, domestic violence, dating violence, stalking,
kidnapping, and murder.
``(c) Disbursement.--Not later than 120 days after the receipt of
an application under this section, the Attorney General, through the
Director, shall--
``(1) disburse the appropriate sums provided for under this
section; or
``(2) inform the Indian tribe why the application does not
conform to the terms of the application requirements.
``(d) Required Procedures.--
``(1) Deadline to provide notice.--No later than 60 days
after receiving an appropriation of funds supporting the
program required by this section, Director shall--
``(A) publish in the Federal Register notification
of--
``(i) the availability of those funds to
Indian tribes;
``(ii) the total amount of funds available;
and
``(iii) the process by which tribes may
participate in the program; and
``(B) mail each Indian tribe a notification of the
matters required by subparagraph (A), together with
instructions on the process, copies of application
forms, and a notification of the deadline for
submission of an application.
``(2) Deadline to make funds available.--No later than 180
days after receiving an appropriation referred to in paragraph
(1), the Director shall distribute and make accessible those
funds to Indian tribes opting to participate in the program.
``(3) Formula.--The Director shall distribute those funds
according to the following formula:
``(A) 60 percent of the available funds shall be
allocated equally to all Indian tribes who exercise the
option to access the funds.
``(B) The remaining 40 percent shall be allocated
to the same Indian tribes on a per capita basis,
according to the population residing in the respective
Indian tribe's service area.
``(4) Set-aside.--No later than 120 days after receiving an
appropriation referred to in paragraph (1), the Director shall
set aside not less than 5 percent and up to 7 percent of the
total amount of those funds for the purpose of entering into a
cooperative agreement or contract with one or more tribal
organizations with demonstrated expertise in providing training
and technical assistance to Indian tribes in addressing
domestic violence, dating violence, sexual assault, and
stalking against members of Indian tribes, tribal law, and
customary pratices. At least one of the cooperative agreements
or contracts shall be entered into with a single tribal
organization to provide comprehensive technical assistance to
participating tribal governments. Such training and technical
assistance shall be specifically designed to address the unique
legal unique legal status, distinct cultural ways of life, and
geographic circumstances of the Indian tribes receiving funds
under the program.
``(e) Recipient Requirements.--
``(1) In general.--Indian tribes may receive funds under
the program required by this section as individual tribes or as
a consortium of tribes.
``(2) Subgrants and other arrangements.--Participating
tribes may make subgrants or enter into contracts or
cooperative agreements with the funds under the program to
enhance the safety of, and end domestic violence, dating
violence, sexual assault, and stalking against, members of
Indian tribes.
``(3) Set aside.--Participating tribes must set aside no
less than 50 percent of their total allocation under this
section for tribally specific domestic violence, dating
violence, sexual assault, or stalking victim services and
advocacy for members of Indian tribes. The services supported
with funds under the program must be designed to address the
unique circumstances of the individuals to be served, including
the customary practices and linguistic needs of the individuals
within the tribal community to be served. Tribes shall give
preference to tribal organizations or tribal nonprofit
organizations providing advocacy services to members of Indian
tribes within the community to be served such as a safety
center or shelter program for members of Indian tribes. In the
case where the above organizations do not exist within the
participating tribe, the participation and support from members
of Indian tribes in the community to be served is sufficient to
meet this requirement.
``(f) Administration Requirements.--
``(1) Application.--To reduce the administrative burden for
Indian tribes, the Director shall prepare an expedited
application process for Indian tribes participating in the
program required by this section. The expedited process shall
facilitate participating tribes' submission of information--
``(A) outlining project activities;
``(B) describing how the project activities will
enhance the Indian tribe's response to domestic
violence, dating violence, sexual assault, and stalking
against members of Indian tribes; and
``(C) identifying the tribal partner providing
advocacy and related services for members of Indian
tribes who are victims of crimes of domestic violence,
dating violence, sexual assault, and stalking.
``(2) Reporting and evaluation.--The Director shall
alleviate administrative burdens upon participating Indian
tribes by--
``(A) developing a reporting and evaluation process
relevant to the distinct governance of Indian tribes;
``(B) requiring only essential data to be
collected; and
``(C) limiting reporting to an annual basis.
``(3) Grant period.--The Director shall award grants for a
two-year period, with a possible extension of another two years
to implement projects under the grant.
``(g) Presumption That Matching Funds not Required.--
``(1) In general.--Given the unique political relationship
between the United States and Indian tribes differentiates
tribes from other entities that deal with or are affected by,
the Federal Government, the Director shall not require an
Indian tribe to match funds under this section, except as
provided in paragraph (2).
``(2) Exception.--If the Director determines that an Indian
tribe has adequate resources to comply with a matching
requirement that would otherwise apply but for the operation of
paragraph (1), the Director may waive the operation of
paragraph (1) for that tribe.
``(h) Evaluation.--The Director shall award a contract or
cooperative agreement to evaluate programs under this section to an
entity with the demonstrated expertise in domestic violence, dating
violence, sexual assault, and stalking and knowledge and experience
in--
``(1) the development and delivery of services to members
of Indian tribes who are victimized;
``(2) the development and implementation of tribal
governmental responses to such crimes; and
``(3) the traditional and customary practices of Indian
tribes to such crimes.''.
SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF PROSECUTION OF SEXUAL
ASSAULT AND DOMESTIC VIOLENCE ON TRIBAL LANDS.
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Comptroller General of the United States shall
submit to the Congress a report on the prosecution of sexual assault
and domestic violence committed against adult American Indians and
Alaska Natives.
(b) Contents of Report.--The report required by subsection (a)
shall include the following:
(1) An assessment of the effectiveness of prosecution of
such cases by the United States district attorneys of such
cases.
(2) For each district containing Indian country, a summary
of the number of sexual assault and domestic violence related
cases within Federal criminal jurisdiction and charged
according to the following provisions of title 18, United
States Code: Sections 1153, 1152, 113, 2261(a)(1)(2), 2261A(1),
2261A(2), and 922(g)(8).
(3) A summary of the number of--
(A) reports received;
(B) investigations conducted;
(C) declinations and basis for declination;
(D) prosecutions, including original charge and
final disposition;
(E) sentences imposed upon conviction; and
(F) male victims, female victims, Indian
defendants, and non-Indian defendants.
(4) The priority assigned by the district to the
prosecution of such cases and the percentage of such cases
prosecuted to total cases prosecuted.
(5) Any recommendations by the Comptroller General for
improved Federal prosecution of such cases.
(c) Years Covered.--The report required by this section shall cover
the years 2000 through 2005.
TITLE XI--PUBLIC AWARENESS CAMPAIGN REGARDING DOMESTIC VIOLENCE AGAINST
PREGNANT WOMEN
SEC. 1101. PUBLIC AWARENESS CAMPAIGN.
(a) 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.
Passed the House of Representatives September 28, 2005.
Attest:
Clerk.