[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3402 Enrolled Bill (ENR)]
H.R.3402
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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.
This Act may be cited as the ``Violence Against Women and
Department of Justice Reauthorization Act of 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant provisions.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE
AGAINST WOMEN
Sec. 101. Stop grants improvements.
Sec. 102. Grants to encourage arrest and enforce protection orders
improvements.
Sec. 103. Legal Assistance for Victims improvements.
Sec. 104. Ensuring crime victim access to legal services.
Sec. 105. The Violence Against Women Act court training and
improvements.
Sec. 106. Full faith and credit improvements.
Sec. 107. Privacy protections for victims of domestic violence, dating
violence, sexual violence, and stalking.
Sec. 108. Sex offender management.
Sec. 109. Stalker database.
Sec. 110. Federal victim assistants reauthorization.
Sec. 111. Grants for law enforcement training programs.
Sec. 112. Reauthorization of the court-appointed special advocate
program.
Sec. 113. Preventing cyberstalking.
Sec. 114. Criminal provision relating to stalking.
Sec. 115. Repeat offender provision.
Sec. 116. Prohibiting dating violence.
Sec. 117. Prohibiting violence in special maritime and territorial
jurisdiction.
Sec. 118. Updating protection order definition.
Sec. 119. GAO study and report.
Sec. 120. Grants for outreach to underserved populations.
Sec. 121. Enhancing culturally and linguistically specific services for
victims of domestic violence, dating violence, sexual assault,
and stalking.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Findings.
Sec. 202. Sexual assault services program.
Sec. 203. Amendments to the Rural Domestic Violence and Child Abuse
Enforcement Assistance Program.
Sec. 204. Training and services to end violence against women with
disabilities.
Sec. 205. Training and services to end violence against women in later
life.
Sec. 206. Strengthening the National Domestic Violence Hotline.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Findings.
Sec. 302. Rape prevention and education.
Sec. 303. Services, education, protection, and justice for young victims
of violence.
Sec. 304. Grants to combat violent crimes on campuses.
Sec. 305. Juvenile justice.
Sec. 306. Safe havens.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
Sec. 401. Preventing violence against women and children.
Sec. 403. Public Awareness Campaign.
Sec. 402. Study conducted by the Centers for Disease Control and
Prevention.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Findings.
Sec. 502. Purpose.
Sec. 503. Training and education of health professionals in domestic and
sexual violence.
Sec. 504. Grants to foster public health responses to domestic violence,
dating violence, sexual assault, and stalking grants.
Sec. 505. Research on effective interventions in the healthcare setting.
TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND
CHILDREN
Sec. 601. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of domestic
violence, dating violence, sexual assault, or stalking.
Sec. 603. Public housing authority plans reporting requirement.
Sec. 604. Housing strategies.
Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.
Sec. 606. Amendments to the low-income housing assistance voucher
program.
Sec. 607. Amendments to the public housing program.
TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. Grant for National Resource Center on Workplace Responses to
assist victims of domestic and sexual violence.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
Subtitle A--Victims of Crime
Sec. 801. Treatment of spouse and children of victims.
Sec. 802. Presence of victims of a severe form of trafficking in
persons.
Sec. 803. Adjustment of status.
Sec. 804. Protection and assistance for victims of trafficking.
Sec. 805. Protecting victims of child abuse.
Subtitle B--VAWA Self-Petitioners
Sec. 811. Definition of VAWA self-petitioner.
Sec. 812. Application in case of voluntary departure.
Sec. 813. Removal proceedings.
Sec. 814. Eliminating abusers' control over applications and limitation
on petitioning for abusers.
Sec. 815. Application for VAWA-related relief.
Sec. 816. Self-petitioning parents.
Sec. 817. VAWA confidentiality nondisclosure.
Subtitle C--Miscellaneous Amendments
Sec. 821. Duration of T and U visas.
Sec. 822. Technical correction to references in application of special
physical presence and good moral character rules.
Sec. 823. Petitioning rights of certain former spouses under Cuban
adjustment.
Sec. 824. Self-petitioning rights of HRIFA applicants.
Sec. 825. Motions to reopen.
Sec. 826. Protecting abused juveniles.
Sec. 827. Protection of domestic violence and crime victims from certain
disclosures of information.
Sec. 828. Rulemaking.
Subtitle D--International Marriage Broker Regulation
Sec. 831. Short title.
Sec. 832. Access to VAWA protection regardless of manner of entry.
Sec. 833. Domestic violence information and resources for immigrants and
regulation of international marriage brokers.
Sec. 834. Sharing of certain information.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Findings.
Sec. 902. Purposes.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Tracking of violence against Indian women.
Sec. 906. Grants to Indian tribal governments.
Sec. 907. Tribal deputy in the Office on Violence Against Women.
Sec. 908. Enhanced criminal law resources.
Sec. 909. Domestic assault by an habitual offender.
TITLE X--DNA FINGERPRINTING
Sec. 1001. Short title.
Sec. 1002. Use of opt-out procedure to remove samples from national DNA
index.
Sec. 1003. Expanded use of CODIS grants.
Sec. 1004. Authorization to conduct DNA sample collection from persons
arrested or detained under Federal authority.
Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.
TITLE XI--DEPARTMENT OF JUSTICE REAUTHORIZATION
Subtitle A--Authorization of Appropriations
Sec. 1101. Authorization of appropriations for fiscal year 2006.
Sec. 1102. Authorization of appropriations for fiscal year 2007.
Sec. 1103. Authorization of appropriations for fiscal year 2008.
Sec. 1104. Authorization of appropriations for fiscal year 2009.
Sec. 1105. Organized retail theft.
Sec. 1106. United States-Mexico Border Violence Task Force.
Sec. 1107. National Gang Intelligence Center.
Subtitle B--Improving the Department of Justice's Grant Programs
chapter 1--assisting law enforcement and criminal justice agencies
Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block
Grant Program.
Sec. 1112. Clarification of number of recipients who may be selected in
a given year to receive Public Safety Officer Medal of Valor.
Sec. 1113. Clarification of official to be consulted by Attorney General
in considering application for emergency Federal law
enforcement assistance.
Sec. 1114. Clarification of uses for regional information sharing system
grants.
Sec. 1115. Integrity and enhancement of national criminal record
databases.
Sec. 1116. Extension of matching grant program for law enforcement armor
vests.
chapter 2--building community capacity to prevent, reduce, and control
crime
Sec. 1121. Office of Weed and Seed Strategies.
chapter 3--assisting victims of crime
Sec. 1131. Grants to local nonprofit organizations to improve outreach
services to victims of crime.
Sec. 1132. Clarification and enhancement of certain authorities relating
to crime victims fund.
Sec. 1133. Amounts received under crime victim grants may be used by
State for training purposes.
Sec. 1134. Clarification of authorities relating to Violence Against
Women formula and discretionary grant programs.
Sec. 1135. Change of certain reports from annual to biennial.
Sec. 1136. Grants for young witness assistance.
chapter 4--preventing crime
Sec. 1141. Clarification of definition of violent offender for purposes
of juvenile drug courts.
Sec. 1142. Changes to distribution and allocation of grants for drug
courts.
Sec. 1143. Eligibility for grants under drug court grants program
extended to courts that supervise non-offenders with substance
abuse problems.
Sec. 1144. Term of Residential Substance Abuse Treatment program for
local facilities.
Sec. 1145. Enhanced residential substance abuse treatment program for
State prisoners.
Sec. 1146. Residential Substance Abuse Treatment Program for Federal
facilities.
chapter 5--other matters
Sec. 1151. Changes to certain financial authorities.
Sec. 1152. Coordination duties of Assistant Attorney General.
Sec. 1153. Simplification of compliance deadlines under sex-offender
registration laws.
Sec. 1154. Repeal of certain programs.
Sec. 1155. Elimination of certain notice and hearing requirements.
Sec. 1156. Amended definitions for purposes of Omnibus Crime Control and
Safe Streets Act of 1968.
Sec. 1157. Clarification of authority to pay subsistence payments to
prisoners for health care items and services.
Sec. 1158. Office of Audit, Assessment, and Management.
Sec. 1159. Community Capacity Development Office.
Sec. 1160. Office of Applied Law Enforcement Technology.
Sec. 1161. Availability of funds for grants.
Sec. 1162. Consolidation of financial management systems of Office of
Justice Programs.
Sec. 1163. Authorization and change of COPS program to single grant
program.
Sec. 1164. Clarification of persons eligible for benefits under public
safety officers' death benefits programs.
Sec. 1165. Pre-release and post-release programs for juvenile offenders.
Sec. 1166. Reauthorization of juvenile accountability block grants.
Sec. 1167. Sex offender management.
Sec. 1168. Evidence-based approaches.
Sec. 1169. Reauthorization of matching grant program for school
security.
Sec. 1170. Technical amendments to Aimee's Law.
Subtitle C--Miscellaneous Provisions
Sec. 1171. Technical amendments relating to Public Law 107-56.
Sec. 1172. Miscellaneous technical amendments.
Sec. 1173. Use of Federal training facilities.
Sec. 1174. Privacy officer.
Sec. 1175. Bankruptcy crimes.
Sec. 1176. Report to Congress on status of United States persons or
residents detained on suspicion of terrorism.
Sec. 1177. Increased penalties and expanded jurisdiction for sexual
abuse offenses in correctional facilities.
Sec. 1178. Expanded jurisdiction for contraband offenses in correctional
facilities.
Sec. 1179. Magistrate judge's authority to continue preliminary hearing.
Sec. 1180. Technical corrections relating to steroids.
Sec. 1181. Prison Rape Commission extension.
Sec. 1182. Longer statute of limitation for human trafficking-related
offenses.
Sec. 1183. Use of Center for Criminal Justice Technology.
Sec. 1184. SEARCH Grants.
Sec. 1185. Reauthorization of Law Enforcement Tribute Act.
Sec. 1186. Amendment regarding bullying and gangs.
Sec. 1187. Transfer of provisions relating to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
Sec. 1188. Reauthorize the Gang Resistance Education and Training
Projects Program.
Sec. 1189. National Training Center.
Sec. 1190. Sense of Congress relating to ``good time'' release.
Sec. 1191. Public employee uniforms.
Sec. 1192. Officially approved postage.
Sec. 1193. Authorization of additional appropriations.
Sec. 1194. Assistance to courts.
Sec. 1195. Study and report on correlation between substance abuse and
domestic violence at domestic violence shelters.
Sec. 1196. Reauthorization of State Criminal Alien Assistance Program.
Sec. 1197. Extension of Child Safety Pilot Program.
Sec. 1198. Transportation and subsistence for special sessions of
District Courts.
Sec. 1199. Youth Violence Reduction Demonstration Projects.
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS.
(a) In General.--The Violence Against Women Act of 1994 (108 Stat.
1902 et seq.) is amended by adding after section 40001 the following:
``SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.
``(a) Definitions.--In this title:
``(1) Courts.--The term `courts' means any civil or criminal,
tribal, and Alaskan Village, Federal, State, local or territorial
court having jurisdiction to address domestic violence, dating
violence, sexual assault or stalking, including immigration,
family, juvenile, and dependency courts, and the judicial officers
serving in those courts, including judges, magistrate judges,
commissioners, justices of the peace, or any other person with
decisionmaking authority.
``(2) Child abuse and neglect.--The term `child abuse and
neglect' means any recent act or failure to act on the part of a
parent or caregiver with intent to cause death, serious physical or
emotional harm, sexual abuse, or exploitation, or an act or failure
to act which presents an imminent risk of serious harm. This
definition shall not be construed to mean that failure to leave an
abusive relationship, in the absence of other action constituting
abuse or neglect, is itself abuse or neglect.
``(3) Community-based organization.--The term `community-based
organization' means an organization that--
``(A) focuses primarily on domestic violence, dating
violence, sexual assault, or stalking;
``(B) has established a specialized culturally specific
program that addresses domestic violence, dating violence,
sexual assault, or stalking;
``(C) has a primary focus on underserved populations (and
includes representatives of these populations) and domestic
violence, dating violence, sexual assault, or stalking; or
``(D) obtains expertise, or shows demonstrated capacity to
work effectively, on domestic violence, dating violence, sexual
assault, and stalking through collaboration.
``(4) Child maltreatment.--The term `child maltreatment' means
the physical or psychological abuse or neglect of a child or youth,
including sexual assault and abuse.
``(5) Court-based and court-related personnel.--The term
`court-based' and `court-related personnel' mean persons working in
the court, whether paid or volunteer, including--
``(A) clerks, special masters, domestic relations officers,
administrators, mediators, custody evaluators, guardians ad
litem, lawyers, negotiators, probation, parole, interpreters,
victim assistants, victim advocates, and judicial,
administrative, or any other professionals or personnel
similarly involved in the legal process;
``(B) court security personnel;
``(C) personnel working in related, supplementary offices
or programs (such as child support enforcement); and
``(D) any other court-based or community-based personnel
having responsibilities or authority to address domestic
violence, dating violence, sexual assault, or stalking in the
court system.
``(6) Domestic violence.--The term `domestic violence' includes
felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating with or
has cohabitated with the victim as a spouse, by a person similarly
situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies, or by any
other person against an adult or youth victim who is protected from
that person's acts under the domestic or family violence laws of
the jurisdiction.
``(7) Dating partner.--The term `dating partner' refers to a
person who is or has been in a social relationship of a romantic or
intimate nature with the abuser, and where the existence of such a
relationship shall be determined based on a consideration of--
``(A) the length of the relationship;
``(B) the type of relationship; and
``(C) the frequency of interaction between the persons
involved in the relationship.
``(8) Dating violence.--The term `dating violence' means
violence committed by a person--
``(A) who is or has been in a social relationship of a
romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship shall be
determined based on a consideration of the following factors:
``(i) The length of the relationship.
``(ii) The type of relationship.
``(iii) The frequency of interaction between the
persons involved in the relationship.
``(9) Elder abuse.--The term `elder abuse' means any action
against a person who is 50 years of age or older that constitutes
the willful--
``(A) infliction of injury, unreasonable confinement,
intimidation, or cruel punishment with resulting physical harm,
pain, or mental anguish; or
``(B) deprivation by a person, including a caregiver, of
goods or services with intent to cause physical harm, mental
anguish, or mental illness.
``(10) Indian.--The term `Indian' means a member of an Indian
tribe.
``(11) Indian country.--The term `Indian country' has the same
meaning given such term in section 1151 of title 18, United States
Code.
``(12) Indian housing.--The term `Indian housing' means housing
assistance described in the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq., as
amended).
``(13) Indian tribe.--The term `Indian tribe' means a tribe,
band, pueblo, nation, or other organized group or community of
Indians, including any Alaska Native village or regional or village
corporation (as defined in, or established pursuant to, the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
``(14) Indian law enforcement.--The term `Indian law
enforcement' means the departments or individuals under the
direction of the Indian tribe that maintain public order.
``(15) Law enforcement.--The term `law enforcement' means a
public agency charged with policing functions, including any of its
component bureaus (such as governmental victim services programs),
including those referred to in section 3 of the Indian Enforcement
Reform Act (25 U.S.C. 2802).
``(16) Legal assistance.--The term `legal assistance' includes
assistance to adult and youth victims of domestic violence, dating
violence, sexual assault, and stalking in--
``(A) family, tribal, territorial, immigration, employment,
administrative agency, housing matters, campus administrative
or protection or stay away order proceedings, and other similar
matters; and
``(B) criminal justice investigations, prosecutions and
post-trial matters (including sentencing, parole, and
probation) that impact the victim's safety and privacy.
``(17) Linguistically and culturally specific services.--The
term `linguistically and culturally specific services' means
community-based services that offer full linguistic access and
culturally specific services and resources, including outreach,
collaboration, and support mechanisms primarily directed toward
underserved communities.
``(18) Personally identifying information or personal
information.--The term `personally identifying information' or
`personal information' means individually identifying information
for or about an individual including information likely to disclose
the location of a victim of domestic violence, dating violence,
sexual assault, or stalking, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(D) a social security number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that, in
combination with any of subparagraphs (A) through (D), would
serve to identify any individual.
``(19) Prosecution.--The term `prosecution' means any public
agency charged with direct responsibility for prosecuting criminal
offenders, including such agency's component bureaus (such as
governmental victim services programs).
``(20) Protection order or restraining order.--The term
`protection order' or `restraining order' includes--
``(A) any injunction, restraining order, or any other order
issued by a civil or criminal court for the purpose of
preventing violent or threatening acts or harassment against,
sexual violence or contact or communication with or physical
proximity to, another person, including any temporary or final
orders issued by civil or criminal courts whether obtained by
filing an independent action or as a pendente lite order in
another proceeding so long as any civil order was issued in
response to a complaint, petition, or motion filed by or on
behalf of a person seeking protection; and
``(B) any support, child custody or visitation provisions,
orders, remedies, or relief issued as part of a protection
order, restraining order, or stay away injunction pursuant to
State, tribal, territorial, or local law authorizing the
issuance of protection orders, restraining orders, or
injunctions for the protection of victims of domestic violence,
dating violence, sexual assault, or stalking.
``(21) Rural area and rural community.--The term `rural area'
and `rural community' mean--
``(A) any area or community, respectively, no part of which
is within an area designated as a standard metropolitan
statistical area by the Office of Management and Budget; or
``(B) any area or community, respectively, that is--
``(i) within an area designated as a metropolitan
statistical area or considered as part of a metropolitan
statistical area; and
``(ii) located in a rural census tract.
``(22) Rural state.--The term `rural State' means a State that
has a population density of 52 or fewer persons per square mile or
a State in which the largest county has fewer than 150,000 people,
based on the most recent decennial census.
``(23) Sexual assault.--The term `sexual assault' means any
conduct prescribed by chapter 109A of title 18, United States Code,
whether or not the conduct occurs in the special maritime and
territorial jurisdiction of the United States or in a Federal
prison and includes both assaults committed by offenders who are
strangers to the victim and assaults committed by offenders who are
known or related by blood or marriage to the victim.
``(24) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person that would cause a
reasonable person to--
``(A) fear for his or her safety or the safety of others;
or
``(B) suffer substantial emotional distress.
``(25) State.--The term `State' means each of the several
States and the District of Columbia, and except as otherwise
provided, the Commonwealth of Puerto Rico, Guam, American Samoa,
the Virgin Islands, and the Northern Mariana Islands.
``(26) State domestic violence coalition.--The term `State
domestic violence coalition' means a program determined by the
Administration for Children and Families under the Family Violence
Prevention and Services Act (42 U.S.C. 10410(b)).
``(27) State sexual assault coalition.--The term `State sexual
assault coalition' means a program determined by the Center for
Injury Prevention and Control of the Centers for Disease Control
and Prevention under the Public Health Service Act (42 U.S.C. 280b
et seq.).
``(28) Territorial domestic violence or sexual assault
coalition.--The term `territorial domestic violence or sexual
assault coalition' means a program addressing domestic or sexual
violence that is--
``(A) an established nonprofit, nongovernmental territorial
coalition addressing domestic violence or sexual assault within
the territory; or
``(B) a nongovernmental organization with a demonstrated
history of addressing domestic violence or sexual assault
within the territory that proposes to incorporate as a
nonprofit, nongovernmental territorial coalition.
``(29) Tribal coalition.--The term `tribal coalition' means--
``(A) an established nonprofit, nongovernmental tribal
coalition addressing domestic violence and sexual assault
against American Indian or Alaskan Native women; or
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal coalitions to
address domestic violence and sexual assault against American
Indian or Alaska Native women.
``(30) Tribal government.--The term `tribal government' means--
``(A) the governing body of an Indian tribe; or
``(B) a tribe, band, pueblo, nation, or other organized
group or community of Indians, including any Alaska Native
village or regional or village corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
``(31) Tribal organization.--The term `tribal organization'
means--
``(A) the governing body of any Indian tribe;
``(B) any legally established organization of Indians which
is controlled, sanctioned, or chartered by such governing body
of a tribe or tribes to be served, or which is democratically
elected by the adult members of the Indian community to be
served by such organization and which includes the maximum
participation of Indians in all phases of its activities; or
``(C) any tribal nonprofit organization.
``(32) Underserved populations.--The term `underserved
populations' includes populations underserved because of geographic
location, underserved racial and ethnic populations, populations
underserved because of special needs (such as language barriers,
disabilities, alienage status, or age), and any other population
determined to be underserved by the Attorney General or by the
Secretary of Health and Human Services, as appropriate.
``(33) Victim advocate.--The term `victim advocate' means a
person, whether paid or serving as a volunteer, who provides
services to victims of domestic violence, sexual assault, stalking,
or dating violence under the auspices or supervision of a victim
services program.
``(34) Victim assistant.--The term `victim assistant' means a
person, whether paid or serving as a volunteer, who provides
services to victims of domestic violence, sexual assault, stalking,
or dating violence under the auspices or supervision of a court or
a law enforcement or prosecution agency.
``(35) Victim services or victim service provider.--The term
`victim services' or `victim service provider' means a nonprofit,
nongovernmental organization that assists domestic violence, dating
violence, sexual assault, or stalking victims, including rape
crisis centers, domestic violence shelters, faith-based
organizations, and other organizations, with a documented history
of effective work concerning domestic violence, dating violence,
sexual assault, or stalking.
``(36) Youth.--The term `youth' means teen and young adult
victims of domestic violence, dating violence, sexual assault, or
stalking.
``(b) Grant Conditions.--
``(1) Match.--No matching funds shall be required for a grant
or subgrant made under this title for any tribe, territory, victim
service provider, or any entity that the Attorney General
determines has adequately demonstrated financial need.
``(2) Nondisclosure of confidential or private information.--
``(A) In general.--In order to ensure the safety of adult,
youth, and child victims of domestic violence, dating violence,
sexual assault, or stalking, and their families, grantees and
subgrantees under this title shall protect the confidentiality
and privacy of persons receiving services.
``(B) Nondisclosure.--Subject to subparagraphs (C) and (D),
grantees and subgrantees shall not--
``(i) disclose any personally identifying information
or individual information collected in connection with
services requested, utilized, or denied through grantees'
and subgrantees' programs; or
``(ii) reveal individual client information without the
informed, written, reasonably time-limited consent of the
person (or in the case of an unemancipated minor, the minor
and the parent or guardian or in the case of persons with
disabilities, the guardian) about whom information is
sought, whether for this program or any other Federal,
State, tribal, or territorial grant program, except that
consent for release may not be given by the abuser of the
minor, person with disabilities, or the abuser of the other
parent of the minor.
``(C) Release.--If release of information described in
subparagraph (B) is compelled by statutory or court mandate--
``(i) grantees and subgrantees shall make reasonable
attempts to provide notice to victims affected by the
disclosure of information; and
``(ii) grantees and subgrantees shall take steps
necessary to protect the privacy and safety of the persons
affected by the release of the information.
``(D) Information sharing.--Grantees and subgrantees may
share--
``(i) nonpersonally identifying data in the aggregate
regarding services to their clients and nonpersonally
identifying demographic information in order to comply with
Federal, State, tribal, or territorial reporting,
evaluation, or data collection requirements;
``(ii) court-generated information and law-enforcement
generated information contained in secure, governmental
registries for protection order enforcement purposes; and
``(iii) law enforcement- and prosecution-generated
information necessary for law enforcement and prosecution
purposes.
``(E) Oversight.--Nothing in this paragraph shall prevent
the Attorney General from disclosing grant activities
authorized in this Act to the chairman and ranking members of
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate exercising
Congressional oversight authority. All disclosures shall
protect confidentiality and omit personally identifying
information, including location information about individuals.
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate with and
provide information to Federal, State, local, tribal, and
territorial public officials and agencies to develop and implement
policies to reduce or eliminate domestic violence, dating violence,
sexual assault, and stalking.
``(4) Non-supplantation.--Any Federal funds received under this
title shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities under this title.
``(5) Use of funds.--Funds authorized and appropriated under
this title may be used only for the specific purposes described in
this title and shall remain available until expended.
``(6) Reports.--An entity receiving a grant under this title
shall submit to the disbursing agency a report detailing the
activities undertaken with the grant funds, including and providing
additional information as the agency shall require.
``(7) Evaluation.--Federal agencies disbursing funds under this
title shall set aside up to 3 percent of such funds in order to
conduct--
``(A) evaluations of specific programs or projects funded
by the disbursing agency under this title or related research;
or
``(B) evaluations of promising practices or problems
emerging in the field or related research, in order to inform
the agency or agencies as to which programs or projects are
likely to be effective or responsive to needs in the field.
``(8) Nonexclusivity.--Nothing in this title shall be construed
to prohibit male victims of domestic violence, dating violence,
sexual assault, and stalking from receiving benefits and services
under this title.
``(9) Prohibition on tort litigation.--Funds appropriated for
the grant program under this title may not be used to fund civil
representation in a lawsuit based on a tort claim. This paragraph
should not be construed as a prohibition on providing assistance to
obtain restitution in a protection order or criminal case.
``(10) Prohibition on lobbying.--Any funds appropriated for the
grant program shall be subject to the prohibition in section 1913
of title 18, United States Code, relating to lobbying with
appropriated moneys.
``(11) Technical assistance.--If there is a demonstrated
history that the Office on Violence Against Women has previously
set aside amounts greater than 8 percent for technical assistance
and training relating to grant programs authorized under this
title, the Office has the authority to continue setting aside
amounts greater than 8 percent.''.
(b) Change of Certain Reports From Annual to Biennial.--
(1) Stalking and domestic violence.--Section 40610 of the
Violence Against Women Act of 1994 (42 U.S.C. 14039) is amended by
striking ``The Attorney General shall submit to the Congress an
annual report, beginning 1 year after the date of the enactment of
this Act, that provides'' and inserting ``Each even-numbered fiscal
year, the Attorney General shall submit to the Congress a biennial
report that provides''.
(2) Safe havens for children.--Section 1301(d)(l) of the
Victims of Trafficking and Violence Protection Act of 2000 (42
U.S.C. 10420(d)(1)) is amended in the matter preceding subparagraph
(A) by striking ``Not later than 1 year after the last day of the
first fiscal year commencing on or after the date of enactment of
this Act, and not later than 180 days after the last day of each
fiscal year thereafter,'' and inserting ``Not later than 1 month
after the end of each even-numbered fiscal year,''.
(3) Stop violence against women formula grants.--Section
2009(b) of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-3) is amended by striking ``Not later than'' and
all that follows through ``the Attorney General shall submit'' and
inserting the following: ``Not later than 1 month after the end of
each even-numbered fiscal year, the Attorney General shall
submit''.
(4) Transitional housing assistance grants for child victims of
domestic violence, stalking, or sexual assault.--Section 40299(f)
of the Violence Against Women Act of 1994 (42 U.S.C. 13975(f)) is
amended by striking ``shall annually prepare and submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted
under subsection (e) of this section.'' and inserting ``shall
prepare and submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the Senate
a report that contains a compilation of the information contained
in the report submitted under subsection (e) of this section not
later than 1 month after the end of each even-numbered fiscal
year.''.
(c) Definitions and Grant Conditions in Crime Control Act.--
(1) Part t.--Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by
striking section 2008 and inserting the following:
``SEC. 2008. DEFINITIONS AND GRANT CONDITIONS.
``In this part the definitions and grant conditions in section
40002 of the Violence Against Women Act of 1994 shall apply.''.
(2) Part u.--Section 2105 of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended to read as follows:
``SEC. 2105. DEFINITIONS AND GRANT CONDITIONS.
``In this part the definitions and grant conditions in section
40002 of the Violence Against Women Act of 1994 shall apply.''.
(d) Definitions and Grant Conditions in 2000 Act.--Section 1002 of
the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-2 note) is
amended to read as follows:
``SEC. 1002. DEFINITIONS AND GRANT CONDITIONS.
``In this division the definitions and grant conditions in section
40002 of the Violence Against Women Act of 1994 shall apply.''.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(18) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(18)) is amended by striking ``$185,000,000 for each of fiscal
years 2001 through 2005'' and inserting ``$225,000,000 for each of
fiscal years 2007 through 2011''.
(b) Purpose Area Enhancements.--Section 2001(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(b)) is amended--
(1) in paragraph (10), by striking ``and'' after the semicolon;
(2) in paragraph (11), by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(12) maintaining core victim services and criminal justice
initiatives, while supporting complementary new initiatives and
emergency services for victims and their families;
``(13) 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; and
``(14) to provide funding to law enforcement agencies,
nonprofit nongovernmental victim services providers, and State,
tribal, territorial, and local governments, (which funding stream
shall be known as the Crystal Judson Domestic Violence Protocol
Program) to promote--
``(A) the development and implementation of training for
local victim domestic violence service providers, and to fund
victim services personnel, to be known as `Crystal Judson
Victim Advocates,' to provide supportive services and advocacy
for victims of domestic violence committed by law enforcement
personnel;
``(B) the implementation of protocols within law
enforcement agencies to ensure consistent and effective
responses to the commission of domestic violence by personnel
within such agencies (such as the model policy promulgated by
the International Association of Chiefs of Police (`Domestic
Violence by Police Officers: A Policy of the IACP, Police
Response to Violence Against Women Project' July 2003));
``(C) the development of such protocols in collaboration
with State, tribal, territorial and local victim service
providers and domestic violence coalitions.
Any law enforcement, State, tribal, territorial, or local
government agency receiving funding under the Crystal Judson
Domestic Violence Protocol Program under paragraph (14) shall on an
annual basis, receive additional training on the topic of incidents
of domestic violence committed by law enforcement personnel from
domestic violence and sexual assault nonprofit organizations and,
after a period of 2 years, provide a report of the adopted protocol
to the Department of Justice, including a summary of progress in
implementing such protocol.''.
(c) Clarification of Activities Regarding Underserved
Populations.--Section 2007 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended--
(1) in subsection (c)(2), by inserting before the semicolon the
following: ``and describe how the State will address the needs of
underserved populations''; and
(2) in subsection (e)(2), by striking subparagraph (D) and
inserting the following:
``(D) recognize and meaningfully respond to the needs of
underserved populations and ensure that monies set aside to
fund linguistically and culturally specific services and
activities for underserved populations are distributed
equitably among those populations.''.
(d) Tribal and Territorial Setasides.--Section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``5 percent'' and
inserting ``10 percent'';
(B) in paragraph (2), striking by ``\1/54\'' and inserting
``\1/56\'';
(C) in paragraph (3), by striking ``and the coalition for
the combined Territories of the United States, each receiving
an amount equal to \1/54\'' and inserting ``coalitions for
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each receiving an
amount equal to \1/56\''; and
(D) in paragraph (4), by striking ``\1/54\'' and inserting
``\1/56\'';
(2) in subsection (c)(3)(B), by inserting after ``victim
services'' the following: ``, of which at least 10 percent shall be
distributed to culturally specific community-based organization'';
and
(3) in subsection (d)--
(A) in paragraph (3), by striking the period and inserting
``; and''; and
(B) by adding at the end the following:
``(4) documentation showing that tribal, territorial, State or
local prosecution, law enforcement, and courts have consulted with
tribal, territorial, State, or local victim service programs during
the course of developing their grant applications in order to
ensure that proposed services, activities and equipment
acquisitions are designed to promote the safety, confidentiality,
and economic independence of victims of domestic violence, sexual
assault, stalking, and dating violence.''.
(e) Training, Technical Assistance, and Data Collection.--Section
2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-1) is amended by adding at the end the following:
``(i) Training, Technical Assistance, and Data Collection.--
``(1) In general.--Of the total amounts appropriated under this
part, not less than 3 percent and up to 8 percent shall be
available for providing training and technical assistance relating
to the purpose areas of this part to improve the capacity of
grantees, subgrantees and other entities.
``(2) Indian training.--The Director of the Office on Violence
Against Women shall ensure that training or technical assistance
regarding violence against Indian women will be developed and
provided by entities having expertise in tribal law, customary
practices, and Federal Indian law.''.
(f) Availability of Forensic Medical Exams.--Section 2010 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4)
is amended by adding at the end the following:
``(c) Use of Funds.--A State or Indian tribal government may use
Federal grant funds under this part to pay for forensic medical exams
performed by trained examiners for victims of sexual assault, except
that such funds may not be used to pay for forensic medical exams by
any State, Indian tribal government, or territorial government that
requires victims of sexual assault to seek reimbursement for such exams
from their insurance carriers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a State, Indian tribal government, or territorial
government to require a victim of sexual assault to participate in the
criminal justice system or cooperate with law enforcement in order to
be provided with a forensic medical exam, reimbursement for charges
incurred on account of such an exam, or both.
``(e) Judicial Notification.--
``(1) In general.--A State or unit of local government shall
not be entitled to funds under this part unless the State or unit
of local government--
``(A) certifies that its judicial administrative policies
and practices include notification to domestic violence
offenders of the requirements delineated in section 922(g)(8)
and (g)(9) of title 18, United States Code, and any applicable
related Federal, State, or local laws; or
``(B) gives the Attorney General assurances that its
judicial administrative policies and practices will be in
compliance with the requirements of subparagraph (A) within the
later of--
``(i) the period ending on the date on which the next
session of the State legislature ends; or
``(ii) 2 years.
``(2) Redistribution.--Funds withheld from a State or unit of
local government under subsection (a) shall be distributed to other
States and units of local government, pro rata.''.
(g) Polygraph Testing Prohibition.--Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended by adding at the end the following:
``SEC. 2013. POLYGRAPH TESTING PROHIBITION.
``(a) In General.--In order to be eligible for grants under this
part, a State, Indian tribal government, territorial government, or
unit of local government shall certify that, not later than 3 years
after the date of enactment of this section, their laws, policies, or
practices will ensure that no law enforcement officer, prosecuting
officer or other government official shall ask or require an adult,
youth, or child victim of an alleged sex offense as defined under
Federal, tribal, State, territorial, or local law to submit to a
polygraph examination or other truth telling device as a condition for
proceeding with the investigation of such an offense.
``(b) Prosecution.--The refusal of a victim to submit to an
examination described in subsection (a) shall not prevent the
investigation, charging, or prosecution of the offense.''.
SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS
IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(19) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(19)) is amended by striking ``$65,000,000 for each of fiscal
years 2001 through 2005'' and inserting ``$75,000,000 for each of
fiscal years 2007 through 2011. Funds appropriated under this paragraph
shall remain available until expended.''.
(b) Grantee Requirements.--Section 2101 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (a), by striking ``to treat domestic violence
as a serious violation'' and inserting ``to treat domestic
violence, dating violence, sexual assault, and stalking as serious
violations'';
(2) in subsection (b)--
(A) in the matter before paragraph (1), by inserting after
``State'' the following: ``, tribal, territorial,'';
(B) in paragraph (1), by--
(i) striking ``mandatory arrest or''; and
(ii) striking ``mandatory arrest programs and'';
(C) in paragraph (2), by--
(i) inserting after ``educational programs,'' the
following: ``protection order registries,'';
(ii) striking ``domestic violence and dating violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking. Policies, educational programs,
protection order registries, and training described in this
paragraph shall incorporate confidentiality, and privacy
protections for victims of domestic violence, dating
violence, sexual assault, and stalking'';
(D) in paragraph (3), by--
(i) striking ``domestic violence cases'' and inserting
``domestic violence, dating violence, sexual assault, and
stalking cases''; and
(ii) striking ``groups'' and inserting ``teams'';
(E) in paragraph (5), by striking ``domestic violence and
dating violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking'';
(F) in paragraph (6), by--
(i) striking ``other'' and inserting ``civil''; and
(ii) inserting after ``domestic violence'' the
following: ``, dating violence, sexual assault, and
stalking''; and
(G) by adding at the end the following:
``(9) To develop State, tribal, territorial, or local policies,
procedures, and protocols for preventing dual arrests and
prosecutions in cases of domestic violence, dating violence, sexual
assault, and stalking, and to develop effective methods for
identifying the pattern and history of abuse that indicates which
party is the actual perpetrator of abuse.
``(10) To plan, develop and establish comprehensive victim
service and support centers, such as family justice centers,
designed to bring together victim advocates from non-profit, non-
governmental victim services organizations, law enforcement
officers, prosecutors, probation officers, governmental victim
assistants, forensic medical professionals, civil legal attorneys,
chaplains, legal advocates, representatives from community-based
organizations and other relevant public or private agencies or
organizations into one centralized location, in order to improve
safety, access to services, and confidentiality for victims and
families. Although funds may be used to support the colocation of
project partners under this paragraph, funds may not support
construction or major renovation expenses or activities that fall
outside of the scope of the other statutory purpose areas.
``(11) To develop and implement policies and training for
police, prosecutors, probation and parole officers, and the
judiciary in recognizing, investigating, and prosecuting instances
of sexual assault, with an emphasis on recognizing the threat to
the community for repeat crime perpetration by such individuals.
``(12) To develop, enhance, and maintain protection order
registries.
``(13) To develop human immunodeficiency virus (HIV) testing
programs for sexual assault perpetrators and notification and
counseling protocols.'';
(3) in subsection (c)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(5) certify that, not later than 3 years after the date of
enactment of this section, their laws, policies, or practices will
ensure that--
``(A) no law enforcement officer, prosecuting officer or
other government official shall ask or require an adult, youth,
or child victim of a sex offense as defined under Federal,
tribal, State, territorial, or local law to submit to a
polygraph examination or other truth telling device as a
condition for proceeding with the investigation of such an
offense; and
``(B) the refusal of a victim to submit to an examination
described in subparagraph (A) shall not prevent the
investigation of the offense.''; and
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Speedy Notice to Victims.--A State or unit of local
government shall not be entitled to 5 percent of the funds allocated
under this part unless the State or unit of local government--
``(1) certifies that it has a law or regulation that requires--
``(A) the State or unit of local government at the request
of a victim to administer to a defendant, against whom an
information or indictment is presented for a crime in which by
force or threat of force the perpetrator compels the victim to
engage in sexual activity, testing for the immunodeficiency
virus (HIV) not later than 48 hours after the date on which the
information or indictment is presented;
``(B) as soon as practicable notification to the victim, or
parent and guardian of the victim, and defendant of the testing
results; and
``(C) follow-up tests for HIV as may be medically
appropriate, and that as soon as practicable after each such
test the results be made available in accordance with
subparagraph (B); or
``(2) gives the Attorney General assurances that it laws and
regulations will be in compliance with requirements of paragraph
(1) within the later of--
``(A) the period ending on the date on which the next
session of the State legislature ends; or
``(B) 2 years.
``(e) Allotment for Indian Tribes.--Not less than 10 percent of the
total amount made available for grants under this section for each
fiscal year shall be available for grants to Indian tribal
governments.''.
(c) Applications.--Section 2102(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(b)) is amended in each of
paragraphs (1) and (2) by inserting after ``involving domestic
violence'' the following: ``, dating violence, sexual assault, or
stalking''.
(d) Training, Technical Assistance, Confidentiality.--Part U of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh et seq.) is amended by adding at the end the following:
``SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE.
``Of the total amounts appropriated under this part, not less than
5 percent and up to 8 percent shall be available for providing training
and technical assistance relating to the purpose areas of this part to
improve the capacity of grantees and other entities.''.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C.
3796gg-6) is amended--
(1) in subsection (a), by--
(A) inserting before ``legal assistance'' the following:
``civil and criminal'';
(B) inserting after ``effective aid to'' the following:
``adult and youth''; and
(C) inserting at the end the following: ``Criminal legal
assistance provided for under this section shall be limited to
criminal matters relating to domestic violence, sexual assault,
dating violence, and stalking.'';
(2) by striking subsection (b) and inserting the following:
``(b) Definitions.--In this section, the definitions provided in
section 40002 of the Violence Against Women Act of 1994 shall apply.'';
(3) in subsection (c), by inserting ``and tribal organizations,
territorial organizations'' after ``Indian tribal governments'';
(4) in subsection (d) by striking paragraph (2) and inserting
the following:
``(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed with
input from and in collaboration with a tribal, State, territorial,
or local domestic violence, dating violence, sexual assault or
stalking organization or coalition, as well as appropriate tribal,
State, territorial, and local law enforcement officials;''.
(5) in subsection (e), by inserting ``dating violence,'' after
``domestic violence,''; and
(6) in subsection (f)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated to
carry out this section $65,000,000 for each of fiscal years 2007
through 2011.''; and
(B) in paragraph (2)(A), by--
(i) striking ``5 percent'' and inserting ``10
percent''; and
(ii) inserting ``adult and youth'' after ``that
assist''.
SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.
(a) In General.--Section 502 of the Department of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1998 (Public Law 105-119; 111 Stat. 2510) is amended--
(1) in subsection (a)(2)(C)--
(A) in the matter preceding clause (i), by striking ``using
funds derived from a source other than the Corporation to
provide'' and inserting ``providing'';
(B) in clause (i), by striking ``in the United States'' and
all that follows and inserting ``or a victim of sexual assault
or trafficking in the United States, or qualifies for
immigration relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U));
or''; and
(C) in clause (ii), by striking ``has been battered'' and
all that follows and inserting ``, without the active
participation of the alien, has been battered or subjected to
extreme cruelty or a victim of sexual assault or trafficking in
the United States, or qualifies for immigration relief under
section 101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)).''; and
(2) in subsection (b)(2), by striking ``described in such
subsection'' and inserting ``, sexual assault or trafficking, or
the crimes listed in section 101(a)(15)(U)(iii) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii))''.
(b) Savings Provision.--Nothing in this Act, or the amendments made
by this Act, shall be construed to restrict the legal assistance
provided to victims of trafficking and certain family members
authorized under section 107(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(b)(1)).
SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT TRAINING AND
IMPROVEMENTS.
(a) Violence Against Women Act Court Training and Improvements.--
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding at the end the following:
``Subtitle J--Violence Against Women Act Court Training and
Improvements
``SEC. 41001. SHORT TITLE.
``This subtitle may be cited as the `Violence Against Women Act
Court Training and Improvements Act of 2005'.
``SEC. 41002. PURPOSE.
``The purpose of this subtitle is to enable the Attorney General,
though the Director of the Office on Violence Against Women, to award
grants to improve court responses to adult and youth domestic violence,
dating violence, sexual assault, and stalking to be used for--
``(1) improved internal civil and criminal court functions,
responses, practices, and procedures;
``(2) education for court-based and court-related personnel on
issues relating to victims' needs, including safety, security,
privacy, confidentiality, and economic independence, as well as
information about perpetrator behavior and best practices for
holding perpetrators accountable;
``(3) collaboration and training with Federal, State, tribal,
territorial, and local public agencies and officials and nonprofit,
nongovernmental organizations to improve implementation and
enforcement of relevant Federal, State, tribal, territorial, and
local law;
``(4) enabling courts or court-based or court-related programs
to develop new or enhance current--
``(A) court infrastructure (such as specialized courts,
dockets, intake centers, or interpreter services);
``(B) community-based initiatives within the court system
(such as court watch programs, victim assistants, or community-
based supplementary services);
``(C) offender management, monitoring, and accountability
programs;
``(D) safe and confidential information-storage and -
sharing databases within and between court systems;
``(E) education and outreach programs to improve community
access, including enhanced access for underserved populations;
and
``(F) other projects likely to improve court responses to
domestic violence, dating violence, sexual assault, and
stalking; and
``(5) providing technical assistance to Federal, State, tribal,
territorial, or local courts wishing to improve their practices and
procedures or to develop new programs.
``SEC. 41003. GRANT REQUIREMENTS.
``Grants awarded under this subtitle shall be subject to the
following conditions:
``(1) Eligible grantees.--Eligible grantees may include--
``(A) Federal, State, tribal, territorial, or local courts
or court-based programs; and
``(B) national, State, tribal, territorial, or local
private, nonprofit organizations with demonstrated expertise in
developing and providing judicial education about domestic
violence, dating violence, sexual assault, or stalking.
``(2) Conditions of eligibility.--To be eligible for a grant
under this section, applicants shall certify in writing that--
``(A) any courts or court-based personnel working directly
with or making decisions about adult or youth parties
experiencing domestic violence, dating violence, sexual
assault, and stalking have completed or will complete education
about domestic violence, dating violence, sexual assault, and
stalking;
``(B) any education program developed under section 41002
has been or will be developed with significant input from and
in collaboration with a national, tribal, State, territorial,
or local victim services provider or coalition; and
``(C) the grantee's internal organizational policies,
procedures, or rules do not require mediation or counseling
between offenders and victims physically together in cases
where domestic violence, dating violence, sexual assault, or
stalking is an issue.
``SEC. 41004. NATIONAL EDUCATION CURRICULA.
``(a) In General.--The Attorney General, through the Director of
the Office on Violence Against Women, shall fund efforts to develop a
national education curriculum for use by State and national judicial
educators to ensure that all courts and court personnel have access to
information about relevant Federal, State, territorial, or local law,
promising practices, procedures, and policies regarding court responses
to adult and youth domestic violence, dating violence, sexual assault,
and stalking.
``(b) Eligible Entities.--Any curricula developed under this
section--
``(1) shall be developed by an entity or entities having
demonstrated expertise in developing judicial education curricula
on issues relating to domestic violence, dating violence, sexual
assault, and stalking; or
``(2) if the primary grantee does not have demonstrated
expertise with such issues, shall be developed by the primary
grantee in partnership with an organization having such expertise.
``SEC. 41005. TRIBAL CURRICULA.
``(a) In General.--The Attorney General, through the Office on
Violence Against Women, shall fund efforts to develop education
curricula for tribal court judges to ensure that all tribal courts have
relevant information about promising practices, procedures, policies,
and law regarding tribal court responses to adult and youth domestic
violence, dating violence, sexual assault, and stalking.
``(b) Eligible Entities.--Any curricula developed under this
section--
``(1) shall be developed by a tribal organization having
demonstrated expertise in developing judicial education curricula
on issues relating to domestic violence, dating violence, sexual
assault, and stalking; or
``(2) if the primary grantee does not have such expertise, the
curricula shall be developed by the primary grantee through
partnership with organizations having such expertise.
``SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $5,000,000 for each of fiscal years 2007 to 2011.
``(b) Availability.--Funds appropriated under this section shall
remain available until expended and may only be used for the specific
programs and activities described in this subtitle.
``(c) Set Aside.--Of the amounts made available under this
subsection in each fiscal year, not less than 10 percent shall be used
for grants for tribal courts, tribal court-related programs, and tribal
nonprofits.''.
SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.
(a) Enforcement of Protection Orders Issued by Territories.--
Section 2265 of title 18, United States Code, is amended by--
(1) striking ``or Indian tribe'' each place it appears and
inserting ``, Indian tribe, or territory''; and
(2) striking ``State or tribal'' each place it appears and
inserting ``State, tribal, or territorial''.
(b) Clarification of Entities Having Enforcement Authority and
Responsibilities.--Section 2265(a) of title 18, United States Code, is
amended by striking ``and enforced as if it were'' and inserting ``and
enforced by the court and law enforcement personnel of the other State,
Indian tribal government or Territory as if it were''.
(c) Limits on Internet Publication of Protection Order
Information.--Section 2265(d) of title 18, United States Code, is
amended by adding at the end the following:
``(3) Limits on internet publication of registration
information.--A State, Indian tribe, or territory shall not make
available publicly on the Internet any information regarding the
registration or filing of a protection order, restraining order, or
injunction in either the issuing or enforcing State, tribal or
territorial jurisdiction, if such publication would be likely to
publicly reveal the identity or location of the party protected
under such order. A State, Indian tribe, or territory may share
court-generated and law enforcement-generated information contained
in secure, governmental registries for protection order enforcement
purposes.''.
(d) Definitions.--Section 2266 of title 18, United States Code, is
amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Protection order.--The term `protection order' includes--
``(A) any injunction, restraining order, or any other order
issued by a civil or criminal court for the purpose of
preventing violent or threatening acts or harassment against,
sexual violence, or contact or communication with or physical
proximity to, another person, including any temporary or final
order issued by a civil or criminal court whether obtained by
filing an independent action or as a pendente lite order in
another proceeding so long as any civil or criminal order was
issued in response to a complaint, petition, or motion filed by
or on behalf of a person seeking protection; and
``(B) any support, child custody or visitation provisions,
orders, remedies or relief issued as part of a protection
order, restraining order, or injunction pursuant to State,
tribal, territorial, or local law authorizing the issuance of
protection orders, restraining orders, or injunctions for the
protection of victims of domestic violence, sexual assault,
dating violence, or stalking.''; and
(2) in clauses (i) and (ii) of paragraph (7)(A), by striking
``2261A, a spouse or former spouse of the abuser, a person who
shares a child in common with the abuser, and a person who cohabits
or has cohabited as a spouse with the abuser'' and inserting
``2261A--
``(I) a spouse or former spouse of the abuser, a
person who shares a child in common with the abuser,
and a person who cohabits or has cohabited as a spouse
with the abuser; or
``(II) a person who is or has been in a social
relationship of a romantic or intimate nature with the
abuser, as determined by the length of the
relationship, the type of relationship, and the
frequency of interaction between the persons involved
in the relationship''.
SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL VIOLENCE, AND STALKING.
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding at the end the following:
``Subtitle K--Privacy Protections for Victims of Domestic Violence,
Dating Violence, Sexual Violence, and Stalking
``SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF
VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
``The Attorney General, through the Director of the Office on
Violence Against Women, may award grants under this subtitle to States,
Indian tribes, territories, or local agencies or nonprofit,
nongovernmental organizations to ensure that personally identifying
information of adult, youth, and child victims of domestic violence,
sexual violence, stalking, and dating violence shall not be released or
disclosed to the detriment of such victimized persons.
``SEC. 41102. PURPOSE AREAS.
``Grants made under this subtitle may be used--
``(1) to develop or improve protocols, procedures, and policies
for the purpose of preventing the release of personally identifying
information of victims (such as developing alternative
identifiers);
``(2) to defray the costs of modifying or improving existing
databases, registries, and victim notification systems to ensure
that personally identifying information of victims is protected
from release, unauthorized information sharing and disclosure;
``(3) to develop confidential opt out systems that will enable
victims of violence to make a single request to keep personally
identifying information out of multiple databases, victim
notification systems, and registries; or
``(4) to develop safe uses of technology (such as notice
requirements regarding electronic surveillance by government
entities), to protect against abuses of technology (such as
electronic or GPS stalking), or providing training for law
enforcement on high tech electronic crimes of domestic violence,
dating violence, sexual assault, and stalking.
``SEC. 41103. ELIGIBLE ENTITIES.
``Entities eligible for grants under this subtitle include--
``(1) jurisdictions or agencies within jurisdictions having
authority or responsibility for developing or maintaining public
databases, registries or victim notification systems;
``(2) nonprofit nongovernmental victim advocacy organizations
having expertise regarding confidentiality, privacy, and
information technology and how these issues are likely to impact
the safety of victims;
``(3) States or State agencies;
``(4) local governments or agencies;
``(5) Indian tribal governments or tribal organizations;
``(6) territorial governments, agencies, or organizations; or
``(7) nonprofit nongovernmental victim advocacy organizations,
including statewide domestic violence and sexual assault
coalitions.
``SEC. 41104. GRANT CONDITIONS.
``Applicants described in paragraph (1) and paragraphs (3) through
(6) shall demonstrate that they have entered into a significant
partnership with a State, tribal, territorial, or local victim service
or advocacy organization or condition in order to develop safe,
confidential, and effective protocols, procedures, policies, and
systems for protecting personally identifying information of victims.
``SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $5,000,000 for each of fiscal years 2007 through
2011.
``(b) Tribal Allocation.--Of the amount made available under this
section in each fiscal year, 10 percent shall be used for grants to
Indian tribes for programs that assist victims of domestic violence,
dating violence, stalking, and sexual assault.
``(c) Technical Assistance and Training.--Of the amount made
available under this section in each fiscal year, not less than 5
percent shall be used for grants to organizations that have expertise
in confidentiality, privacy, and technology issues impacting victims of
domestic violence, dating violence, sexual assault, and stalking to
provide technical assistance and training to grantees and non-grantees
on how to improve safety, privacy, confidentiality, and technology to
protect victimized persons.''.
SEC. 108. SEX OFFENDER MANAGEMENT.
Section 40152 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and
inserting the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2007 through 2011.''.
SEC. 109. STALKER DATABASE.
Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C.
14032) is amended--
(1) by striking ``2001'' and inserting ``2007''; and
(2) by striking ``2006'' and inserting ``2011''.
SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.
``There are authorized to be appropriated for the United States
attorneys for the purpose of appointing victim assistants for the
prosecution of sex crimes and domestic violence crimes where applicable
(such as the District of Columbia), $1,000,000 for each of fiscal years
2007 through 2011.''.
SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.
(a) Definitions.--In this section:
(1) Act of trafficking.--The term ``act of trafficking'' means
an act or practice described in paragraph (8) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(2) Eligible entity.--The term ``eligible entity'' means a
State or a local government.
(3) State.--The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, American Samoa, and any other territory
or possession of the United States.
(4) Victim of trafficking.--The term ``victim of trafficking''
means a person subjected to an act of trafficking.
(b) Grants Authorized.--The Attorney General may award grants to
eligible entities to provide training to State and local law
enforcement personnel to identify and protect victims of trafficking.
(c) Use of Funds.--A grant awarded under this section shall be used
to--
(1) train law enforcement personnel to identify and protect
victims of trafficking, including training such personnel to
utilize Federal, State, or local resources to assist victims of
trafficking;
(2) train law enforcement or State or local prosecutors to
identify, investigate, or prosecute acts of trafficking; or
(3) train law enforcement or State or local prosecutors to
utilize laws that prohibit acts of trafficking and to assist in the
development of State and local laws to prohibit acts of
trafficking.
(d) Restrictions.--
(1) Administrative expenses.--An eligible entity that receives
a grant under this section may use not more than 5 percent of the
total amount of such grant for administrative expenses.
(2) Nonexclusivity.--Nothing in this section may be construed
to restrict the ability of an eligible entity to apply for or
obtain funding from any other source to carry out the training
described in subsection (c).
(e) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2007 through 2011
to carry out the provisions of this section.
SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED SPECIAL ADVOCATE
PROGRAM.
(a) Findings.--Section 215 of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13011) is amended by striking paragraphs (1) and (2)
and inserting the following:
``(1) Court Appointed Special Advocates, who may serve as
guardians ad litem, are trained volunteers appointed by courts to
advocate for the best interests of children who are involved in the
juvenile and family court system due to abuse or neglect; and
``(2) in 2003, Court Appointed Special Advocate volunteers
represented 288,000 children, more than 50 percent of the estimated
540,000 children in foster care because of substantiated cases of
child abuse or neglect.''.
(b) Implementation Date.--Section 216 of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13012) is amended by striking ``January 1,
1995'' and inserting ``January 1, 2010''.
(c) Clarification of Program Goals.--Section 217 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13013) is amended--
(1) in subsection (a), by striking ``to expand'' and inserting
``to initiate, sustain, and expand'';
(2) subsection (b)--
(A) in paragraph (1)--
(i) by striking ``subsection (a) shall be'' and
inserting the following: ``subsection (a)--
``(A) shall be'';
(ii) by striking ``(2) may be'' and inserting the
following:
``(B) may be''; and
(iii) in subparagraph (B) (as redesignated), by
striking ``to initiate or expand'' and inserting ``to
initiate, sustain, and expand''; and
(B) in the first sentence of paragraph (2)--
(i) by striking ``(1)(a)'' and inserting ``(1)(A)'';
and
(ii) striking ``to initiate and to expand'' and
inserting ``to initiate, sustain, and expand''; and
(3) by adding at the end the following:
``(d) Background Checks.--State and local Court Appointed Special
Advocate programs are authorized to request fingerprint-based criminal
background checks from the Federal Bureau of Investigation's criminal
history database for prospective volunteers. The requesting program is
responsible for the reasonable costs associated with the Federal
records check.''.
(d) Report.--Subtitle B of title II of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13011 et seq.) is amended--
(1) by redesignating section 218 as section 219; and
(2) by inserting after section 217 the following new section:
``SEC. 218. REPORT.
``(a) Report Required.--Not later than December 31, 2006, the
Inspector General of the Department of Justice shall submit to Congress
a report on the types of activities funded by the National Court-
Appointed Special Advocate Association and a comparison of outcomes in
cases where court-appointed special advocates are involved and cases
where court-appointed special advocates are not involved.
``(b) Elements of Report.--The report submitted under subsection
(a) shall include information on the following:
``(1) The types of activities the National Court-Appointed
Special Advocate Association has funded since 1993.
``(2) The outcomes in cases where court-appointed special
advocates are involved as compared to cases where court-appointed
special advocates are not involved, including--
``(A) the length of time a child spends in foster care;
``(B) the extent to which there is an increased provision
of services;
``(C) the percentage of cases permanently closed; and
``(D) achievement of the permanent plan for reunification
or adoption.''.
(e) Authorization of Appropriations.--
(1) Authorization.--Section 219 of the Victims of Child Abuse
Act of 1990, as redesignated by subsection (d), is amended by
striking subsection (a) and inserting the following:
``(a) Authorization.--There is authorized to be appropriated to
carry out this subtitle $12,000,000 for each of fiscal years 2007
through 2011.''.
(2) Prohibition on lobbying.--Section 219 of the Victims of
Child Abuse Act of 1990, as redesignated by subsection (d) and
amended by paragraphs (1) and (2), is further amended by adding at
the end the following new subsection:
``(c) Prohibition on Lobbying.--No funds authorized under this
subtitle may be used for lobbying activities in contravention of OMB
Circular No. A-122.''.
SEC. 113. PREVENTING CYBERSTALKING.
(a) In General.--Paragraph (1) of section 223(h) of the
Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of subparagraph (C) of subsection (a)(1),
includes any device or software that can be used to originate
telecommunications or other types of communications that are
transmitted, in whole or in part, by the Internet (as such term
is defined in section 1104 of the Internet Tax Freedom Act (47
U.S.C. 151 note)).''.
(b) Rule of Construction.--This section and the amendment made by
this section may not be construed to affect the meaning given the term
``telecommunications device'' in section 223(h)(1) of the
Communications Act of 1934, as in effect before the date of the
enactment of this section.
SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.
(a) Interstate Stalking.--Section 2261A of title 18, United States
Code, is amended to read as follows:
``Sec. 2261A. Stalking
``Whoever--
``(1) travels in interstate or foreign commerce or within the
special maritime and territorial jurisdiction of the United States,
or enters or leaves Indian country, with the intent to kill,
injure, harass, or place under surveillance with intent to kill,
injure, harass, or intimidate another person, and in the course of,
or as a result of, such travel places that person in reasonable
fear of the death of, or serious bodily injury to, or causes
substantial emotional distress to that person, a member of the
immediate family (as defined in section 115) of that person, or the
spouse or intimate partner of that person; or
``(2) with the intent--
``(A) to kill, injure, harass, or place under surveillance
with intent to kill, injure, harass, or intimidate, or cause
substantial emotional distress to a person in another State or
tribal jurisdiction or within the special maritime and
territorial jurisdiction of the United States; or
``(B) to place a person in another State or tribal
jurisdiction, or within the special maritime and territorial
jurisdiction of the United States, in reasonable fear of the
death of, or serious bodily injury to--
``(i) that person;
``(ii) a member of the immediate family (as defined in
section 115 of that person; or
``(iii) a spouse or intimate partner of that person;
uses the mail, any interactive computer service, or any
facility of interstate or foreign commerce to engage in a
course of conduct that causes substantial emotional distress to
that person or places that person in reasonable fear of the
death of, or serious bodily injury to, any of the persons
described in clauses (i) through (iii) of subparagraph (B);
shall be punished as provided in section 2261(b) of this title.''.
(b) Enhanced Penalties for Stalking.--Section 2261(b) of title 18,
United States Code, is amended by adding at the end the following:
``(6) Whoever commits the crime of stalking in violation of a
temporary or permanent civil or criminal injunction, restraining
order, no-contact order, or other order described in section 2266
of title 18, United States Code, shall be punished by imprisonment
for not less than 1 year.''.
SEC. 115. REPEAT OFFENDER PROVISION.
Chapter 110A of title 18, United States Code, is amended by adding
after section 2265 the following:
``Sec. 2265A. Repeat offenders
``(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior domestic
violence or stalking offense shall be twice the term otherwise provided
under this chapter.
``(b) Definition.--For purposes of this section--
``(1) the term `prior domestic violence or stalking offense'
means a conviction for an offense--
``(A) under section 2261, 2261A, or 2262 of this chapter;
or
``(B) under State law for an offense consisting of conduct
that would have been an offense under a section referred to in
subparagraph (A) if the conduct had occurred within the special
maritime and territorial jurisdiction of the United States, or
in interstate or foreign commerce; and
``(2) the term `State' means a State of the United States, the
District of Columbia, or any commonwealth, territory, or possession
of the United States.''.
SEC. 116. PROHIBITING DATING VIOLENCE.
(a) In General.--Section 2261(a) of title 18, United States Code,
is amended--
(1) in paragraph (1), striking ``or intimate partner'' and
inserting ``, intimate partner, or dating partner''; and
(2) in paragraph (2), striking ``or intimate partner'' and
inserting ``, intimate partner, or dating partner''.
(b) Definition.--Section 2266 of title 18, United States Code, is
amended by adding at the end the following:
``(10) Dating partner.--The term `dating partner' refers to a
person who is or has been in a social relationship of a romantic or
intimate nature with the abuser and the existence of such a
relationship based on a consideration of--
``(A) the length of the relationship; and
``(B) the type of relationship; and
``(C) the frequency of interaction between the persons
involved in the relationship.''.
SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME AND TERRITORIAL
JURISDICTION.
(a) Domestic Violence.--Section 2261(a)(1) of title 18, United
States Code, is amended by inserting after ``Indian country'' the
following: ``or within the special maritime and territorial
jurisdiction of the United States''.
(b) Protection Order.--Section 2262(a)(1) of title 18, United
States Code, is amended by inserting after ``Indian country'' the
following: ``or within the special maritime and territorial
jurisdiction of the United States''.
SEC. 118. UPDATING PROTECTION ORDER DEFINITION.
Section 534 of title 28, United States Code, is amended by striking
subsection (e)(3)(B) and inserting the following:
``(B) the term `protection order' includes--
``(i) any injunction, restraining order, or any other
order issued by a civil or criminal court for the purpose
of preventing violent or threatening acts or harassment
against, sexual violence or contact or communication with
or physical proximity to, another person, including any
temporary or final orders issued by civil or criminal
courts whether obtained by filing an independent action or
as a pendente lite order in another proceeding so long as
any civil order was issued in response to a complaint,
petition, or motion filed by or on behalf of a person
seeking protection; and
``(ii) any support, child custody or visitation
provisions, orders, remedies, or relief issued as part of a
protection order, restraining order, or stay away
injunction pursuant to State, tribal, territorial, or local
law authorizing the issuance of protection orders,
restraining orders, or injunctions for the protection of
victims of domestic violence, dating violence, sexual
assault, or stalking.''.
SEC. 119. GAO STUDY AND REPORT.
(a) Study Required.--The Comptroller General shall conduct a study
to establish the extent to which men, women, youth, and children are
victims of domestic violence, dating violence, sexual assault, and
stalking and the availability to all victims of shelter, counseling,
legal representation, and other services commonly provided to victims
of domestic violence.
(b) 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.
SEC. 120. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS.
(a) Grants Authorized.--
(1) In general.--From amounts made available to carry out this
section, the Attorney General, acting through the Director of the
Office on Violence Against Women, shall award grants to eligible
entities described in subsection (b) to carry out local, regional,
or national public information campaigns focused on addressing
adult, youth, or minor domestic violence, dating violence, sexual
assault, stalking, or trafficking within tribal and underserved
populations and immigrant communities, including information on
services available to victims and ways to prevent or reduce
domestic violence, dating violence, sexual assault, and stalking.
(2) Term.--The Attorney General shall award grants under this
section for a period of 1 fiscal year.
(b) Eligible Entities.--Eligible entities under this section are--
(1) nonprofit, nongovernmental organizations or coalitions that
represent the targeted tribal and underserved populations or
immigrant community that--
(A) have a documented history of creating and administering
effective public awareness campaigns addressing domestic
violence, dating violence, sexual assault, and stalking; or
(B) work in partnership with an organization that has a
documented history of creating and administering effective
public awareness campaigns addressing domestic violence, dating
violence, sexual assault, and stalking; or
(2) a governmental entity that demonstrates a partnership with
organizations described in paragraph (1).
(c) Allocation of Funds.--Of the amounts appropriated for grants
under this section--
(1) not more than 20 percent shall be used for national model
campaign materials targeted to specific tribal and underserved
populations or immigrant community, including American Indian
tribes and Alaskan native villages for the purposes of research,
testing, message development, and preparation of materials; and
(2) the balance shall be used for not less than 10 State,
regional, territorial, tribal, or local campaigns targeting
specific communities with information and materials developed
through the national campaign or, if appropriate, new materials to
reach an underserved population or a particularly isolated
community.
(d) Use of Funds.--Funds appropriated under this section shall be
used to conduct a public information campaign and build the capacity
and develop leadership of racial, ethnic populations, or immigrant
community members to address domestic violence, dating violence, sexual
assault, and stalking.
(e) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director of the Office on
Violence Against Women at such time, in such form, and in such manner
as the Director may prescribe.
(f) Criteria.--In awarding grants under this section, the Attorney
General shall ensure--
(1) reasonable distribution among eligible grantees
representing various underserved and immigrant communities;
(2) reasonable distribution among State, regional, territorial,
tribal, and local campaigns; and
(3) that not more than 8 percent of the total amount
appropriated under this section for each fiscal year is set aside
for training, technical assistance, and data collection.
(g) Reports.--Each eligible entity receiving a grant under this
section shall submit to the Director of the Office of Violence Against
Women, every 18 months, a report that describes the activities carried
out with grant funds.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2007 through 2011.
SEC. 121. ENHANCING CULTURALLY AND LINGUISTICALLY SPECIFIC SERVICES FOR
VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
(a) Establishment.--
(1) In general.--Of the amounts appropriated under certain
grant programs identified in paragraph (a)(2) of this Section, the
Attorney General, through the Director of the Violence Against
Women Office (referred to in this section as the ``Director''),
shall take 5 percent of such appropriated amounts and combine them
to establish a new grant program to enhance culturally and
linguistically specific services for victims of domestic violence,
dating violence, sexual assault, and stalking. Grants made under
this new program shall be administered by the Director.
(2) Programs covered.--The programs covered by paragraph (1)
are the programs carried out under the following provisions:
(A) Section 2101 (42 U.S.C. 3796hh), Grants to Encourage
Arrest Policies.
(B) Section 1201 of the Violence Against Women Act of 2000
(42 U.S.C. 3796gg-6), Legal Assistance for Victims.
(C) Section 40295 of the Violence Against Women Act of 1994
(42 U.S.C. 13971), Rural Domestic Violence and Child Abuser
Enforcement Assistance.
(D) Section ___ of the Violence Against Women Act of 1994
(42 U.S.C. ___), Older Battered Women.
(E) Section ___ of the Violence Against Women Act of 2000
(42 U.S.C. ___), Disabled Women Program.
(b) Purpose of Program and Grants.--
(1) General program purpose.--The purpose of the program
required by this section is to promote:
(A) The maintenance and replication of existing successful
services in domestic violence, dating violence, sexual assault,
and stalking community-based programs providing culturally and
linguistically specific services and other resources.
(B) The development of innovative culturally and
linguistically specific strategies and projects to enhance
access to services and resources for victims of domestic
violence, dating violence, sexual assault, and stalking who
face obstacles to using more traditional services and
resources.
(2) Purposes for which grants may be used.--The Director shall
make grants to community-based programs for the purpose of
enhancing culturally and linguistically specific services for
victims of domestic violence, dating violence, sexual assault, and
stalking. Grants under the program shall support community-based
efforts to address distinctive cultural and linguistic responses to
domestic violence, dating violence, sexual assault, and stalking.
(3) Technical assistance and training.--The Director shall
provide technical assistance and training to grantees of this and
other programs under this Act regarding the development and
provision of effective culturally and linguistically specific
community-based services by entering into cooperative agreements or
contracts with an organization or organizations having a
demonstrated expertise in and whose primary purpose is addressing
the development and provision of culturally and linguistically
specific community-based services to victims of domestic violence,
dating violence, sexual assault, and stalking.
(c) Eligible Entities.--Eligible entities for grants under this
Section include--
(1) community-based programs whose primary purpose is providing
culturally and linguistically specific services to victims of
domestic violence, dating violence, sexual assault, and stalking;
and
(2) community-based programs whose primary purpose is providing
culturally and linguistically specific services who can partner
with a program having demonstrated expertise in serving victims of
domestic violence, dating violence, sexual assault, and stalking.
(d) Reporting.--The Director shall issue a biennial report on the
distribution of funding under this section, the progress made in
replicating and supporting increased services to victims of domestic
violence, dating violence, sexual assault, and stalking who face
obstacles to using more traditional services and resources, and the
types of culturally and linguistically accessible programs, strategies,
technical assistance, and training developed or enhanced through this
program.
(e) Grant Period.--The Director shall award grants for a 2-year
period, with a possible extension of another 2 years to implement
projects under the grant.
(f) Evaluation.--The Director shall award a contract or cooperative
agreement to evaluate programs under this section to an entity with the
demonstrated expertise in and primary goal of providing enhanced
cultural and linguistic access to services and resources for victims of
domestic violence, dating violence, sexual assault, and stalking who
face obstacles to using more traditional services and resources.
(g) Non-Exclusivity.--Nothing in this Section shall be interpreted
to exclude linguistic and culturally specific community-based programs
from applying to other grant programs authorized under this Act.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. FINDINGS.
Congress finds the following:
(1) Nearly \1/3\ of American women report physical or sexual
abuse by a husband or boyfriend at some point in their lives.
(2) According to the National Crime Victimization Survey,
248,000 Americans 12 years of age and older were raped or sexually
assaulted in 2002.
(3) Rape and sexual assault in the United States is estimated
to cost $127,000,000,000 per year, including--
(A) lost productivity;
(B) medical and mental health care;
(C) police and fire services;
(D) social services;
(E) loss of and damage to property; and
(F) reduced quality of life.
(4) Nonreporting of sexual assault in rural areas is a
particular problem because of the high rate of nonstranger sexual
assault.
(5) Geographic isolation often compounds the problems facing
sexual assault victims. The lack of anonymity and accessible
support services can limit opportunities for justice for victims.
(6) Domestic elder abuse is primarily family abuse. The
National Elder Abuse Incidence Study found that the perpetrator was
a family member in 90 percent of cases.
(7) Barriers for older victims leaving abusive relationships
include--
(A) the inability to support themselves;
(B) poor health that increases their dependence on the
abuser;
(C) fear of being placed in a nursing home; and
(D) ineffective responses by domestic abuse programs and
law enforcement.
(8) Disabled women comprise another vulnerable population with
unmet needs. Women with disabilities are more likely to be the
victims of abuse and violence than women without disabilities
because of their increased physical, economic, social, or
psychological dependence on others.
(9) Many women with disabilities also fail to report the abuse,
since they are dependent on their abusers and fear being abandoned
or institutionalized.
(10) Of the 598 battered women's programs surveyed--
(A) only 35 percent of these programs offered disability
awareness training for their staff; and
(B) only 16 percent dedicated a staff member to provide
services to women with disabilities.
(11) Problems of domestic violence are exacerbated for
immigrants when spouses control the immigration status of their
family members, and abusers use threats of refusal to file
immigration papers and threats to deport spouses and children as
powerful tools to prevent battered immigrant women from seeking
help, trapping battered immigrant women in violent homes because of
fear of deportation.
(12) Battered immigrant women who attempt to flee abusive
relationships may not have access to bilingual shelters or
bilingual professionals, and face restrictions on public or
financial assistance. They may also lack assistance of a certified
interpreter in court, when reporting complaints to the police or a
9-1-1 operator, or even in acquiring information about their rights
and the legal system.
(13) More than 500 men and women call the National Domestic
Violence Hotline every day to get immediate, informed, and
confidential assistance to help deal with family violence.
(14) The National Domestic Violence Hotline service is
available, toll-free, 24 hours a day and 7 days a week, with
bilingual staff, access to translators in 150 languages, and a TTY
line for the hearing-impaired.
(15) With access to over 5,000 shelters and service providers
across the United States, Puerto Rico, and the United States Virgin
Islands, the National Domestic Violence Hotline provides crisis
intervention and immediately connects callers with sources of help
in their local community.
(16) Approximately 60 percent of the callers indicate that
calling the Hotline is their first attempt to address a domestic
violence situation and that they have not called the police or any
other support services.
(17) Between 2000 and 2003, there was a 27 percent increase in
call volume at the National Domestic Violence Hotline.
(18) Improving technology infrastructure at the National
Domestic Violence Hotline and training advocates, volunteers, and
other staff on upgraded technology will drastically increase the
Hotline's ability to answer more calls quickly and effectively.
SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.
Part T of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg et seq.) is amended by inserting after
section 2012, as added by this Act, the following:
``SEC. 2014. SEXUAL ASSAULT SERVICES.
``(a) Purposes.--The purposes of this section are--
``(1) to assist States, Indian tribes, and territories in
providing intervention, advocacy, accompaniment, support services,
and related assistance for--
``(A) adult, youth, and child victims of sexual assault;
``(B) family and household members of such victims; and
``(C) those collaterally affected by the victimization,
except for the perpetrator of such victimization;
``(2) to provide for technical assistance and training relating
to sexual assault to--
``(A) Federal, State, tribal, territorial and local
governments, law enforcement agencies, and courts;
``(B) professionals working in legal, social service, and
health care settings;
``(C) nonprofit organizations;
``(D) faith-based organizations; and
``(E) other individuals and organizations seeking such
assistance.
``(b) Grants to States and Territories.--
``(1) Grants authorized.--The Attorney General shall award
grants to States and territories to support the establishment,
maintenance, and expansion of rape crisis centers and other
programs and projects to assist those victimized by sexual assault.
``(2) Allocation and use of funds.--
``(A) Administrative costs.--Not more than 5 percent of the
grant funds received by a State or territory governmental
agency under this subsection for any fiscal year may be used
for administrative costs.
``(B) Grant funds.--Any funds received by a State or
territory under this subsection that are not used for
administrative costs shall be used to provide grants to rape
crisis centers and other nonprofit, nongovernmental
organizations for programs and activities within such State or
territory that provide direct intervention and related
assistance.
``(C) Intervention and related assistance.--Intervention
and related assistance under subparagraph (B) may include--
``(i) 24 hour hotline services providing crisis
intervention services and referral;
``(ii) accompaniment and advocacy through medical,
criminal justice, and social support systems, including
medical facilities, police, and court proceedings;
``(iii) crisis intervention, short-term individual and
group support services, and comprehensive service
coordination and supervision to assist sexual assault
victims and family or household members;
``(iv) information and referral to assist the sexual
assault victim and family or household members;
``(v) community-based, linguistically and culturally
specific services and support mechanisms, including
outreach activities for underserved communities; and
``(vi) the development and distribution of materials on
issues related to the services described in clauses (i)
through (v).
``(3) Application.--
``(A) In general.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Attorney General at such time and in such manner as the
Attorney General may reasonably require.
``(B) Contents.--Each application submitted under
subparagraph (A) shall--
``(i) set forth procedures designed to ensure
meaningful involvement of the State or territorial sexual
assault coalition and representatives from underserved
communities in the development of the application and the
implementation of the plans;
``(ii) set forth procedures designed to ensure an
equitable distribution of grants and grant funds within the
State or territory and between urban and rural areas within
such State or territory;
``(iii) identify the State or territorial agency that
is responsible for the administration of programs and
activities; and
``(iv) meet other such requirements as the Attorney
General reasonably determines are necessary to carry out
the purposes and provisions of this section.
``(4) Minimum amount.--The Attorney General shall allocate to
each State not less than 1.50 percent of the total amount
appropriated in a fiscal year for grants under this section, except
that the United States Virgin Islands, American Samoa, Guam, the
District of Columbia, Puerto Rico, and the Commonwealth of the
Northern Mariana Islands shall each be allocated 0.125 percent of
the total appropriations. The remaining funds shall be allotted to
each State and each territory in an amount that bears the same
ratio to such remaining funds as the population of such State and
such territory bears to the population of the combined States or
the population of the combined territories.
``(c) Grants for Culturally Specific Programs Addressing Sexual
Assault.--
``(1) Grants authorized.--The Attorney General shall award
grants to eligible entities to support the establishment,
maintenance, and expansion of culturally specific intervention and
related assistance for victims of sexual assault.
``(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
``(A) be a private nonprofit organization that focuses
primarily on culturally specific communities;
``(B) must have documented organizational experience in the
area of sexual assault intervention or have entered into a
partnership with an organization having such expertise;
``(C) have expertise in the development of community-based,
linguistically and culturally specific outreach and
intervention services relevant for the specific communities to
whom assistance would be provided or have the capacity to link
to existing services in the community tailored to the needs of
culturally specific populations; and
``(D) have an advisory board or steering committee and
staffing which is reflective of the targeted culturally
specific community.
``(3) Award basis.--The Attorney General shall award grants
under this section on a competitive basis.
``(4) Distribution.--
``(A) The Attorney General shall not use more than 2.5
percent of funds appropriated under this subsection in any year
for administration, monitoring, and evaluation of grants made
available under this subsection.
``(B) Up to 5 percent of funds appropriated under this
subsection in any year shall be available for technical
assistance by a national, nonprofit, nongovernmental
organization or organizations whose primary focus and expertise
is in addressing sexual assault within underserved culturally
specific populations.
``(5) Term.--The Attorney General shall make grants under this
section for a period of no less than 2 fiscal years.
``(6) Reporting.--Each entity receiving a grant under this
subsection shall submit a report to the Attorney General that
describes the activities carried out with such grant funds.
``(d) Grants to State, Territorial, and Tribal Sexual Assault
Coalitions.--
``(1) Grants authorized.--
``(A) In general.--The Attorney General shall award grants
to State, territorial, and tribal sexual assault coalitions to
assist in supporting the establishment, maintenance, and
expansion of such coalitions.
``(B) Minimum amount.--Not less than 10 percent of the
total amount appropriated to carry out this section shall be
used for grants under subparagraph (A).
``(C) Eligible applicants.--Each of the State, territorial,
and tribal sexual assault coalitions.
``(2) Use of funds.--Grant funds received under this subsection
may be used to--
``(A) work with local sexual assault programs and other
providers of direct services to encourage appropriate responses
to sexual assault within the State, territory, or tribe;
``(B) work with judicial and law enforcement agencies to
encourage appropriate responses to sexual assault cases;
``(C) work with courts, child protective services agencies,
and children's advocates to develop appropriate responses to
child custody and visitation issues when sexual assault has
been determined to be a factor;
``(D) design and conduct public education campaigns;
``(E) plan and monitor the distribution of grants and grant
funds to their State, territory, or tribe; or
``(F) collaborate with and inform Federal, State, or local
public officials and agencies to develop and implement policies
to reduce or eliminate sexual assault.
``(3) Allocation and use of funds.--From amounts appropriated
for grants under this subsection for each fiscal year--
``(A) not less than 10 percent of the funds shall be
available for grants to tribal sexual assault coalitions; and
``(B) the remaining funds shall be available for grants to
State and territorial coalitions, and the Attorney General
shall allocate an amount equal to \1/56\ of the amounts so
appropriated to each of those State and territorial coalitions.
``(4) Application.--Each eligible entity desiring a grant under
this subsection shall submit an application to the Attorney General
at such time, in such manner, and containing such information as
the Attorney General determines to be essential to carry out the
purposes of this section.
``(5) First-time applicants.--No entity shall be prohibited
from submitting an application under this subsection during any
fiscal year for which funds are available under this subsection
because such entity has not previously applied or received funding
under this subsection.
``(e) Grants to Tribes.--
``(1) Grants authorized.--The Attorney General may award grants
to Indian tribes, tribal organizations, and nonprofit tribal
organizations for the operation of sexual assault programs or
projects in Indian country and Alaska Native villages to support
the establishment, maintenance, and expansion of programs and
projects to assist those victimized by sexual assault.
``(2) Allocation and use of funds.--
``(A) Administrative costs.--Not more than 5 percent of the
grant funds received by an Indian tribe, tribal organization,
and nonprofit tribal organization under this subsection for any
fiscal year may be used for administrative costs.
``(B) Grant funds.--Any funds received under this
subsection that are not used for administrative costs shall be
used to provide grants to tribal organizations and nonprofit
tribal organizations for programs and activities within Indian
country and Alaskan native villages that provide direct
intervention and related assistance.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$50,000,000 for each of the fiscal years 2007 through 2011 to carry
out the provisions of this section.
``(2) Allocations.--Of the total amounts appropriated for each
fiscal year to carry out this section--
``(A) not more than 2.5 percent shall be used by the
Attorney General for evaluation, monitoring, and other
administrative costs under this section;
``(B) not more than 2.5 percent shall be used for the
provision of technical assistance to grantees and subgrantees
under this section;
``(C) not less than 65 percent shall be used for grants to
States and territories under subsection (b);
``(D) not less than 10 percent shall be used for making
grants to State, territorial, and tribal sexual assault
coalitions under subsection (d);
``(E) not less than 10 percent shall be used for grants to
tribes under subsection (e); and
``(F) not less than 10 percent shall be used for grants for
culturally specific programs addressing sexual assault under
subsection (c).''.
SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Safe Homes for Women Act of 1994 (42 U.S.C.
13971) is amended to read as follows:
``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
``(a) Purposes.--The purposes of this section are--
``(1) to identify, assess, and appropriately respond to child,
youth, and adult victims of domestic violence, sexual assault,
dating violence, and stalking in rural communities, by encouraging
collaboration among--
``(A) domestic violence, dating violence, sexual assault,
and stalking victim service providers;
``(B) law enforcement agencies;
``(C) prosecutors;
``(D) courts;
``(E) other criminal justice service providers;
``(F) human and community service providers;
``(G) educational institutions; and
``(H) health care providers;
``(2) to establish and expand nonprofit, nongovernmental,
State, tribal, territorial, and local government victim services in
rural communities to child, youth, and adult victims; and
``(3) to increase the safety and well-being of women and
children in rural communities, by--
``(A) dealing directly and immediately with domestic
violence, sexual assault, dating violence, and stalking
occurring in rural communities; and
``(B) creating and implementing strategies to increase
awareness and prevent domestic violence, sexual assault, dating
violence, and stalking.
``(b) Grants Authorized.--The Attorney General, acting through the
Director of the Office on Violence Against Women (referred to in this
section as the `Director'), may award grants to States, Indian tribes,
local governments, and nonprofit, public or private entities, including
tribal nonprofit organizations, to carry out programs serving rural
areas or rural communities that address domestic violence, dating
violence, sexual assault, and stalking by--
``(1) implementing, expanding, and establishing cooperative
efforts and projects among law enforcement officers, prosecutors,
victim advocacy groups, and other related parties to investigate
and prosecute incidents of domestic violence, dating violence,
sexual assault, and stalking;
``(2) providing treatment, counseling, advocacy, and other
long- and short-term assistance to adult and minor victims of
domestic violence, dating violence, sexual assault, and stalking in
rural communities, including assistance in immigration matters; and
``(3) working in cooperation with the community to develop
education and prevention strategies directed toward such issues.
``(c) Use of Funds.--Funds appropriated pursuant to this section
shall be used only for specific programs and activities expressly
described in subsection (a).
``(d) Allotments and Priorities.--
``(1) Allotment for indian tribes.--Not less than 10 percent of
the total amount made available for each fiscal year to carry out
this section shall be allocated for grants to Indian tribes or
tribal organizations.
``(2) Allotment for sexual assault.--
``(A) In general.--Not less than 25 percent of the total
amount appropriated in a fiscal year under this section shall
fund services that meaningfully address sexual assault in rural
communities, however at such time as the amounts appropriated
reach the amount of $45,000,000, the percentage allocated shall
rise to 30 percent of the total amount appropriated, at such
time as the amounts appropriated reach the amount of
$50,000,000, the percentage allocated shall rise to 35 percent
of the total amount appropriated, and at such time as the
amounts appropriated reach the amount of $55,000,000, the
percentage allocated shall rise to 40 percent of the amounts
appropriated.
``(B) Multiple purpose applications.--Nothing in this
section shall prohibit any applicant from applying for funding
to address sexual assault, domestic violence, stalking, or
dating violence in the same application.
``(3) Allotment for technical assistance.--Of the amounts
appropriated for each fiscal year to carry out this section, not
more than 8 percent may be used by the Director for technical
assistance costs. Of the amounts appropriated in this subsection,
no less than 25 percent of such amounts shall be available to a
nonprofit, nongovernmental organization or organizations whose
focus and expertise is in addressing sexual assault to provide
technical assistance to sexual assault grantees.
``(4) Underserved populations.--In awarding grants under this
section, the Director shall give priority to the needs of
underserved populations.
``(5) Allocation of funds for rural states.--Not less than 75
percent of the total amount made available for each fiscal year to
carry out this section shall be allocated to eligible entities
located in rural States.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$55,000,000 for each of the fiscal years 2007 through 2011 to carry
out this section.
``(2) Additional funding.--In addition to funds received
through a grant under subsection (b), a law enforcement agency may
use funds received through a grant under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.) to accomplish the objectives of this section.''.
SEC. 204. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH
DISABILITIES.
(a) In General.--Section 1402 of the Violence Against Women Act of
2000 (42 U.S.C. 3796gg-7) is amended to read as follows:
``SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END VIOLENCE
AGAINST AND ABUSE OF WOMEN WITH DISABILITIES.
``(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may award grants to eligible
entities--
``(1) to provide training, consultation, and information on
domestic violence, dating violence, stalking, and sexual assault
against individuals with disabilities (as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and
``(2) to enhance direct services to such individuals.
``(b) Use of Funds.--Grants awarded under this section shall be
used--
``(1) to provide personnel, training, technical assistance,
advocacy, intervention, risk reduction and prevention of domestic
violence, dating violence, stalking, and sexual assault against
disabled individuals;
``(2) to conduct outreach activities to ensure that disabled
individuals who are victims of domestic violence, dating violence,
stalking, or sexual assault receive appropriate assistance;
``(3) to conduct cross-training for victim service
organizations, governmental agencies, courts, law enforcement, and
nonprofit, nongovernmental organizations serving individuals with
disabilities about risk reduction, intervention, prevention and the
nature of domestic violence, dating violence, stalking, and sexual
assault for disabled individuals;
``(4) to provide technical assistance to assist with
modifications to existing policies, protocols, and procedures to
ensure equal access to the services, programs, and activities of
victim service organizations for disabled individuals;
``(5) to provide training and technical assistance on the
requirements of shelters and victim services organizations under
Federal antidiscrimination laws, including--
``(A) the Americans with Disabilities Act of 1990; and
``(B) section 504 of the Rehabilitation Act of 1973;
``(6) to modify facilities, purchase equipment, and provide
personnel so that shelters and victim service organizations can
accommodate the needs of disabled individuals;
``(7) to provide advocacy and intervention services for
disabled individuals who are victims of domestic violence, dating
violence, stalking, or sexual assault; or
``(8) to develop model programs providing advocacy and
intervention services within organizations serving disabled
individuals who are victims of domestic violence, dating violence,
sexual assault, or stalking.
``(c) Eligible Entities.--
``(1) In general.--An entity shall be eligible to receive a
grant under this section if the entity is--
``(A) a State;
``(B) a unit of local government;
``(C) an Indian tribal government or tribal organization;
or
``(D) a nonprofit and nongovernmental victim services
organization, such as a State domestic violence or sexual
assault coalition or a nonprofit, nongovernmental organization
serving disabled individuals.
``(2) Limitation.--A grant awarded for the purpose described in
subsection (b)(8) shall only be awarded to an eligible agency (as
defined in section 410 of the Rehabilitation Act of 1973 (29 U.S.C.
796f-5)).
``(d) Underserved Populations.--In awarding grants under this
section, the Director shall ensure that the needs of underserved
populations are being addressed.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2007 through 2011
to carry out this section.''.
SEC. 205. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN LATER
LIFE.
(a) Training Programs.--Section 40802 of the Violence Against Women
Act of 1994 (42 U.S.C. 14041a) is amended to read as follows:
``SEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE AGAINST
AND ABUSE OF WOMEN LATER IN LIFE.
``(a) Grants Authorized.--The Attorney General, through the
Director of the Office on Violence Against Women, may award grants,
which may be used for--
``(1) training programs to assist law enforcement, prosecutors,
governmental agencies, victim assistants, and relevant officers of
Federal, State, tribal, territorial, and local courts in
recognizing, addressing, investigating, and prosecuting instances
of elder abuse, neglect, and exploitation, including domestic
violence, dating violence, sexual assault, or stalking against
victims who are 50 years of age or older;
``(2) providing or enhancing services for victims of elder
abuse, neglect, and exploitation, including domestic violence,
dating violence, sexual assault, or stalking, who are 50 years of
age or older;
``(3) creating or supporting multidisciplinary collaborative
community responses to victims of elder abuse, neglect, and
exploitation, including domestic violence, dating violence, sexual
assault, and stalking, who are 50 years of age or older; and
``(4) conducting cross-training for victim service
organizations, governmental agencies, courts, law enforcement, and
nonprofit, nongovernmental organizations serving victims of elder
abuse, neglect, and exploitation, including domestic violence,
dating violence, sexual assault, and stalking, who are 50 years of
age or older.
``(b) Eligible Entities.--An entity shall be eligible to receive a
grant under this section if the entity is--
``(1) a State;
``(2) a unit of local government;
``(3) an Indian tribal government or tribal organization; or
``(4) a nonprofit and nongovernmental victim services
organization with demonstrated experience in assisting elderly
women or demonstrated experience in addressing domestic violence,
dating violence, sexual assault, and stalking.
``(c) Underserved Populations.--In awarding grants under this
section, the Director shall ensure that services are culturally and
linguistically relevant and that the needs of underserved populations
are being addressed.''.
(b) Authorization of Appropriations.--Section 40803 of the Violence
Against Women Act of 1994 (42 U.S.C. 14041b) is amended by striking
``$5,000,000 for each of fiscal years 2001 through 2005'' and inserting
``$10,000,000 for each of the fiscal years 2007 through 2011''.
SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIOLENCE HOTLINE.
Section 316 of the Family Violence Prevention and Services Act (42
U.S.C. 10416) is amended--
(1) in subsection (d)(2), by inserting ``(including technology
training)'' after ``train;'';
(2) in subsection (f)(2)(A), by inserting ``, including
technology training to ensure that all persons affiliated with the
hotline are able to effectively operate any technological systems
used by the hotline'' after ``hotline personnel''; and
(3) in subsection (g)(2), by striking ``shall'' and inserting
``may''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. FINDINGS.
Congress finds the following:
(1) Youth, under the age of 18, account for 67 percent of all
sexual assault victimizations reported to law enforcement
officials.
(2) The Department of Justice consistently finds that young
women between the ages of 16 and 24 experience the highest rate of
non-fatal intimate partner violence.
(3) In 1 year, over 4,000 incidents of rape or sexual assault
occurred in public schools across the country.
(4) Young people experience particular obstacles to seeking
help. They often do not have access to money, transportation, or
shelter services. They must overcome issues such as distrust of
adults, lack of knowledge about available resources, or pressure
from peers and parents.
(5) A needs assessment on teen relationship abuse for the State
of California, funded by the California Department of Health
Services, identified a desire for confidentiality and confusion
about the law as 2 of the most significant barriers to young
victims of domestic and dating violence seeking help.
(6) Only one State specifically allows for minors to petition
the court for protection orders.
(7) Many youth are involved in dating relationships, and these
relationships can include the same kind of domestic violence and
dating violence seen in the adult population. In fact, more than 40
percent of all incidents of domestic violence involve people who
are not married.
(8) 40 percent of girls ages 14 to 17 report knowing someone
their age who has been hit or beaten by a boyfriend, and 13 percent
of college women report being stalked.
(9) Of college women who said they had been the victims of rape
or attempted rape, 12.8 percent of completed rapes, 35 percent of
attempted rapes, and 22.9 percent of threatened rapes took place on
a date. Almost 60 percent of the completed rapes that occurred on
campus took place in the victim's residence.
(10) According to a 3-year study of student-athletes at 10
Division I universities, male athletes made up only 3.3 percent of
the general male university population, but they accounted for 19
percent of the students reported for sexual assault and 35 percent
of domestic violence perpetrators.
SEC. 302. RAPE PREVENTION AND EDUCATION.
Section 393B(c) of part J of title III of the Public Health Service
Act (42 U.S.C. 280b-1c(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $80,000,000 for each of fiscal years 2007
through 2011.
``(2) National sexual violence resource center allotment.--Of
the total amount made available under this subsection in each
fiscal year, not less than $1,500,000 shall be available for
allotment under subsection (b).''.
SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUSTICE FOR YOUNG
VICTIMS OF VIOLENCE.
The Violence Against Women Act of 1994 (Public Law 103-322, Stat.
1902 et seq.) is amended by adding at the end the following:
``Subtitle L--Services, Education, Protection and Justice for Young
Victims of Violence
``SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH.
``(a) Grants Authorized.--The Attorney General, in consultation
with the Department of Health and Human Services, shall award grants to
eligible entities to conduct programs to serve youth victims of
domestic violence, dating violence, sexual assault, and stalking.
Amounts appropriated under this section may only be used for programs
and activities described under subsection (c).
``(b) Eligible Grantees.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) a nonprofit, nongovernmental entity, the primary purpose
of which is to provide services to teen and young adult victims of
domestic violence, dating violence, sexual assault, or stalking;
``(2) a community-based organization specializing in
intervention or violence prevention services for youth;
``(3) an Indian Tribe or tribal organization providing services
primarily to tribal youth or tribal victims of domestic violence,
dating violence, sexual assault or stalking; or
``(4) a nonprofit, nongovernmental entity providing services
for runaway or homeless youth affected by domestic or sexual abuse.
``(c) Use of Funds.--
``(1) In general.--An entity that receives a grant under this
section shall use amounts provided under the grant to design or
replicate, and implement, programs and services, using domestic
violence, dating violence, sexual assault, and stalking
intervention models to respond to the needs of youth who are
victims of domestic violence, dating violence, sexual assault or
stalking.
``(2) Types of programs.--Such a program--
``(A) shall provide direct counseling and advocacy for
youth and young adults, who have experienced domestic violence,
dating violence, sexual assault or stalking;
``(B) shall include linguistically, culturally, and
community relevant services for underserved populations or
linkages to existing services in the community tailored to the
needs of underserved populations;
``(C) may include mental health services for youth and
young adults who have experienced domestic violence, dating
violence, sexual assault, or stalking;
``(D) may include legal advocacy efforts on behalf of youth
and young adults with respect to domestic violence, dating
violence, sexual assault or stalking;
``(E) may work with public officials and agencies to
develop and implement policies, rules, and procedures in order
to reduce or eliminate domestic violence, dating violence,
sexual assault, and stalking against youth and young adults;
and
``(F) may use not more than 25 percent of the grant funds
to provide additional services and resources for youth,
including childcare, transportation, educational support, and
respite care.
``(d) Awards Basis.--
``(1) Grants to indian tribes.--Not less than 7 percent of
funds appropriated under this section in any year shall be
available for grants to Indian Tribes or tribal organizations.
``(2) Administration.--The Attorney General shall not use more
than 2.5 percent of funds appropriated under this section in any
year for administration, monitoring, and evaluation of grants made
available under this section.
``(3) Technical assistance.--Not less than 5 percent of funds
appropriated under this section in any year shall be available to
provide technical assistance for programs funded under this
section.
``(e) Term.--The Attorney General shall make the grants under this
section for a period of 3 fiscal years.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2007 through 2011.
``SEC. 41202. ACCESS TO JUSTICE FOR YOUTH.
``(a) Purpose.--It is the purpose of this section to encourage
cross training and collaboration between the courts, domestic violence
and sexual assault service providers, youth organizations and service
providers, violence prevention programs, and law enforcement agencies,
so that communities can establish and implement policies, procedures,
and practices to protect and more comprehensively and effectively serve
young victims of dating violence, domestic violence, sexual assault,
and stalking who are between the ages of 12 and 24, and to engage,
where necessary, other entities addressing the safety, health, mental
health, social service, housing, and economic needs of young victims of
domestic violence, dating violence, sexual assault, and stalking,
including community-based supports such as schools, local health
centers, community action groups, and neighborhood coalitions.
``(b) Grant Authority.--
``(1) In general.--The Attorney General, through the Director
of the Office on Violence Against Women (in this section referred
to as the `Director'), shall make grants to eligible entities to
carry out the purposes of this section.
``(2) Grant periods.--Grants shall be awarded under this
section for a period of 2 fiscal years.
``(3) Eligible entities.--To be eligible for a grant under this
section, a grant applicant shall establish a collaboration that--
``(A) shall include a victim service provider that has a
documented history of effective work concerning domestic
violence, dating violence, sexual assault, or stalking and the
effect that those forms of abuse have on young people;
``(B) shall include a court or law enforcement agency
partner; and
``(C) may include--
``(i) batterer intervention programs or sex offender
treatment programs with specialized knowledge and
experience working with youth offenders;
``(ii) community-based youth organizations that deal
specifically with the concerns and problems faced by youth,
including programs that target teen parents and underserved
communities;
``(iii) schools or school-based programs designed to
provide prevention or intervention services to youth
experiencing problems;
``(iv) faith-based entities that deal with the concerns
and problems faced by youth;
``(v) healthcare entities eligible for reimbursement
under title XVIII of the Social Security Act, including
providers that target the special needs of youth;
``(vi) education programs on HIV and other sexually
transmitted diseases that are designed to target teens;
``(vii) Indian Health Service, tribal child protective
services, the Bureau of Indian Affairs, or the Federal
Bureau of Investigations; or
``(viii) law enforcement agencies of the Bureau of
Indian Affairs providing tribal law enforcement.
``(c) Uses of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant for cross-
training and collaborative efforts--
``(1) addressing domestic violence, dating violence, sexual
assault, and stalking, assessing and analyzing currently available
services for youth and young adult victims, determining relevant
barriers to such services in a particular locality, and developing
a community protocol to address such problems collaboratively;
``(2) to establish and enhance linkages and collaboration
between--
``(A) domestic violence and sexual assault service
providers; and
``(B) where applicable, law enforcement agencies, courts,
Federal agencies, and other entities addressing the safety,
health, mental health, social service, housing, and economic
needs of young victims of abuse, including community-based
supports such as schools, local health centers, community
action groups, and neighborhood coalitions--
``(i) to respond effectively and comprehensively to the
varying needs of young victims of abuse;
``(ii) to include linguistically, culturally, and
community relevant services for underserved populations or
linkages to existing services in the community tailored to
the needs of underserved populations; and
``(iii) to include where appropriate legal assistance,
referral services, and parental support;
``(3) to educate the staff of courts, domestic violence and
sexual assault service providers, and, as applicable, the staff of
law enforcement agencies, Indian child welfare agencies, youth
organizations, schools, healthcare providers, and other community
prevention and intervention programs to responsibly address youth
victims and perpetrators of domestic violence, dating violence,
sexual assault, and stalking;
``(4) to identify, assess, and respond appropriately to dating
violence, domestic violence, sexual assault, or stalking against
teens and young adults and meet the needs of young victims of
violence; and
``(5) to provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence, sexual
assault, and stalking and ensure necessary services dealing with
the health and mental health of victims are available.
``(d) Grant Applications.--To be eligible for a grant under this
section, the entities that are members of the applicant collaboration
described in subsection (b)(3) shall jointly submit an application to
the Director at such time, in such manner, and containing such
information as the Director may require.
``(e) Priority.--In awarding grants under this section, the
Director shall give priority to entities that have submitted
applications in partnership with community organizations and service
providers that work primarily with youth, especially teens, and who
have demonstrated a commitment to coalition building and cooperative
problem solving in dealing with problems of dating violence, domestic
violence, sexual assault, and stalking in teen populations.
``(f) Distribution.--In awarding grants under this section--
``(1) not less than 10 percent of funds appropriated under this
section in any year shall be available to Indian tribal governments
to establish and maintain collaborations involving the appropriate
tribal justice and social services departments or domestic violence
or sexual assault service providers, the purpose of which is to
provide culturally appropriate services to American Indian women or
youth;
``(2) the Director shall not use more than 2.5 percent of funds
appropriated under this section in any year for monitoring and
evaluation of grants made available under this section;
``(3) the Attorney General of the United States shall not use
more than 2.5 percent of funds appropriated under this section in
any year for administration of grants made available under this
section; and
``(4) up to 8 percent of funds appropriated under this section
in any year shall be available to provide technical assistance for
programs funded under this section.
``(g) Dissemination of Information.--Not later than 12 months after
the end of the grant period under this section, the Director shall
prepare, submit to Congress, and make widely available, including
through electronic means, summaries that contain information on--
``(1) the activities implemented by the recipients of the
grants awarded under this section; and
``(2) related initiatives undertaken by the Director to promote
attention to dating violence, domestic violence, sexual assault,
and stalking and their impact on young victims by--
``(A) the staffs of courts;
``(B) domestic violence, dating violence, sexual assault,
and stalking victim service providers; and
``(C) law enforcement agencies and community organizations.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 in each of fiscal
years 2007 through 2011.
``SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION ON THE INTERSECTION
BETWEEN DOMESTIC VIOLENCE AND CHILD MALTREATMENT.
``(a) Purpose.--The purpose of this section is to support efforts
by child welfare agencies, domestic violence or dating violence victim
services providers, courts, law enforcement, and other related
professionals and community organizations to develop collaborative
responses and services and provide cross-training to enhance community
responses to families where there is both child maltreatment and
domestic violence.
``(b) Grants Authorized.--The Secretary of the Department of Health
and Human Services (in this section referred to as the `Secretary'),
through the Family and Youth Services Bureau, and in consultation with
the Office on Violence Against Women, shall award grants on a
competitive basis to eligible entities for the purposes and in the
manner described in this section.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2007 through 2011. Funds appropriated under this section shall
remain available until expended. Of the amounts appropriated to carry
out this section for each fiscal year, the Secretary shall--
``(1) use not more than 3 percent for evaluation, monitoring,
site visits, grantee conferences, and other administrative costs
associated with conducting activities under this section;
``(2) set aside not more than 7 percent for grants to Indian
tribes to develop programs addressing child maltreatment and
domestic violence or dating violence that are operated by, or in
partnership with, a tribal organization; and
``(3) set aside up to 8 percent for technical assistance and
training to be provided by organizations having demonstrated
expertise in developing collaborative community and system
responses to families in which there is both child maltreatment and
domestic violence or dating violence, which technical assistance
and training may be offered to jurisdictions in the process of
developing community responses to families in which children are
exposed to child maltreatment and domestic violence or dating
violence, whether or not they are receiving funds under this
section.
``(d) Underserved Populations.--In awarding grants under this
section, the Secretary shall consider the needs of underserved
populations.
``(e) Grant Awards.--The Secretary shall award grants under this
section for periods of not more than 2 fiscal years.
``(f) Uses of Funds.--Entities receiving grants under this section
shall use amounts provided to develop collaborative responses and
services and provide cross-training to enhance community responses to
families where there is both child maltreatment and domestic violence
or dating violence. Amounts distributed under this section may only be
used for programs and activities described in subsection (g).
``(g) Programs and Activities.--The programs and activities
developed under this section shall--
``(1) encourage cross training, education, service development,
and collaboration among child welfare agencies, domestic violence
victim service providers, and courts, law enforcement agencies,
community-based programs, and other entities, in order to ensure
that such entities have the capacity to and will identify, assess,
and respond appropriately to--
``(A) domestic violence or dating violence in homes where
children are present and may be exposed to the violence;
``(B) domestic violence or dating violence in child
protection cases; and
``(C) the needs of both the child and nonabusing parent;
``(2) establish and implement policies, procedures, programs,
and practices for child welfare agencies, domestic violence victim
service providers, courts, law enforcement agencies, and other
entities, that are consistent with the principles of protecting and
increasing the immediate and long-term safety and well being of
children and non-abusing parents and caretakers;
``(3) increase cooperation and enhance linkages between child
welfare agencies, domestic violence victim service providers,
courts, law enforcement agencies, and other entities to provide
more comprehensive community-based services (including health,
mental health, social service, housing, and neighborhood resources)
to protect and to serve both child and adult victims;
``(4) identify, assess, and respond appropriately to domestic
violence or dating violence in child protection cases and to child
maltreatment when it co-occurs with domestic violence or dating
violence;
``(5) analyze and change policies, procedures, and protocols
that contribute to overrepresentation of certain populations in the
court and child welfare system; and
``(6) provide appropriate referrals to community-based programs
and resources, such as health and mental health services, shelter
and housing assistance for adult and youth victims and their
children, legal assistance and advocacy for adult and youth
victims, assistance for parents to help their children cope with
the impact of exposure to domestic violence or dating violence and
child maltreatment, appropriate intervention and treatment for
adult perpetrators of domestic violence or dating violence whose
children are the subjects of child protection cases, programs
providing support and assistance to underserved populations, and
other necessary supportive services.
``(h) Grantee Requirements.--
``(1) Applications.--Under this section, an entity shall
prepare and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require, consistent with the requirements described herein. The
application shall--
``(A) ensure that communities impacted by these systems or
organizations are adequately represented in the development of
the application, the programs and activities to be undertaken,
and that they have a significant role in evaluating the success
of the project;
``(B) describe how the training and collaboration
activities will enhance or ensure the safety and economic
security of families where both child maltreatment and domestic
violence or dating violence occurs by providing appropriate
resources, protection, and support to the victimized parents of
such children and to the children themselves; and
``(C) outline methods and means participating entities will
use to ensure that all services are provided in a
developmentally, linguistically and culturally competent manner
and will utilize community-based supports and resources.
``(2) Eligible entities.--To be eligible for a grant under this
section, an entity shall be a collaboration that--
``(A) shall include a State or local child welfare agency
or Indian Tribe;
``(B) shall include a domestic violence or dating violence
victim service provider;
``(C) shall include a law enforcement agency or Bureau of
Indian Affairs providing tribal law enforcement;
``(D) may include a court; and
``(E) may include any other such agencies or private
nonprofit organizations and faith-based organizations,
including community-based organizations, with the capacity to
provide effective help to the child and adult victims served by
the collaboration.
``SEC. 41204. 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 2007
through 2011.
``(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.''.
SEC. 304. 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 of 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 2007 through
2011 may be used to provide technical assistance in complying with
the mandatory reporting requirements of section 485(f) of such Act.
(d) General Terms and Conditions.--
(1) Nonmonetary assistance.--In addition to the assistance
provided under this section, the Attorney General may request any
Federal agency to use the agency's authorities and the resources
granted to the agency under Federal law (including personnel,
equipment, supplies, facilities, and managerial, technical, and
advisory services) in support of campus security, and investigation
and victim service efforts.
(2) Grantee reporting.--
(A) Annual report.--Each institution of higher education
receiving a grant under this section shall submit a biennial
performance report to the Attorney General. The Attorney
General shall suspend funding under this section for an
institution of higher education if the institution fails to
submit such a report.
(B) Final report.--Upon completion of the grant period
under this section, the institution shall file a performance
report with the Attorney General and the Secretary of Education
explaining the activities carried out under this section
together with an assessment of the effectiveness of those
activities in achieving the purposes described in subsection
(b).
(3) Report to congress.--Not later than 180 days after the end
of the fiscal year for which grants are awarded under this section,
the Attorney General shall submit to Congress a report that
includes--
(A) the number of grants, and the amount of funds,
distributed under this section;
(B) a summary of the purposes for which the grants were
provided and an evaluation of the progress made under the
grant;
(C) a statistical summary of the persons served, detailing
the nature of victimization, and providing data on age, sex,
race, ethnicity, language, disability, relationship to
offender, geographic distribution, and type of campus; and
(D) an evaluation of the effectiveness of programs funded
under this part.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $12,000,000
for fiscal year 2007 and $15,000,000 for each of fiscal years 2008
through 2011.
(f) Repeal.--Section 826 of the Higher Education Amendments of 1998
(20 U.S.C. 1152) is repealed.
SEC. 305. JUVENILE JUSTICE.
Section 223(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) in paragraph (7)(B)--
(A) by redesignating clauses (i), (ii) and (iii), as
clauses (ii), (iii), and (iv), respectively; and
(B) by inserting before clause (ii) the following:
``(i) an analysis of gender-specific services for the
prevention and treatment of juvenile delinquency, including the
types of such services available and the need for such
services;''.
SEC. 306. SAFE HAVENS.
Section 1301 of the Victims of Trafficking and Violence Protection
Act of 2000 (42 U.S.C. 10420) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 10402. SAFE HAVENS FOR CHILDREN.'';
(2) in subsection (a)--
(A) by inserting ``, through the Director of the Office on
Violence Against Women,'' after ``Attorney General'';
(B) by inserting ``dating violence,'' after ``domestic
violence,'';
(C) by striking ``to provide'' and inserting the following:
``(1) to provide'';
(D) by striking the period at the end and inserting a
semicolon; and
(E) by adding at the end the following:
``(2) to protect children from the trauma of witnessing
domestic or dating violence or experiencing abduction, injury, or
death during parent and child visitation exchanges;
``(3) to protect parents or caretakers who are victims of
domestic and dating violence from experiencing further violence,
abuse, and threats during child visitation exchanges; and
``(4) to protect children from the trauma of experiencing
sexual assault or other forms of physical assault or abuse during
parent and child visitation and visitation exchanges.''; and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section, $20,000,000 for each of fiscal years 2007
through 2011. Funds appropriated under this section shall remain
available until expended.
``(2) Use of funds.--Of the amounts appropriated to carry out
this section for each fiscal year, the Attorney General shall--
``(A) set aside not less than 7 percent for grants to
Indian tribal governments or tribal organizations;
``(B) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting activities
under this section; and
``(C) set aside not more than 8 percent for technical
assistance and training to be provided by organizations having
nationally recognized expertise in the design of safe and
secure supervised visitation programs and visitation exchange
of children in situations involving domestic violence, dating
violence, sexual assault, or stalking.''.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding at the end the following:
``Subtitle M--Strengthening America's Families by Preventing Violence
Against Women and Children
``SEC. 41301. FINDINGS.
``Congress finds that--
``(1) the former United States Advisory Board on Child Abuse
suggests that domestic violence may be the single major precursor
to child abuse and neglect fatalities in this country;
``(2) studies suggest that as many as 10,000,000 children
witness domestic violence every year;
``(3) studies suggest that among children and teenagers, recent
exposure to violence in the home was a significant factor in
predicting a child's violent behavior;
``(4) a study by the Nurse-Family Partnership found that
children whose parents did not participate in home visitation
programs that provided coaching in parenting skills, advice and
support, were almost 5 times more likely to be abused in their
first 2 years of life;
``(5) a child's exposure to domestic violence seems to pose the
greatest independent risk for being the victim of any act of
partner violence as an adult;
``(6) children exposed to domestic violence are more likely to
believe that using violence is an effective means of getting one's
needs met and managing conflict in close relationships;
``(7) children exposed to abusive parenting, harsh or erratic
discipline, or domestic violence are at increased risk for juvenile
crime; and
``(8) in a national survey of more than 6,000 American
families, 50 percent of men who frequently assaulted their wives
also frequently abused their children.
``SEC. 41302. PURPOSE.
``The purpose of this subtitle is to--
``(1) prevent crimes involving violence against women,
children, and youth;
``(2) increase the resources and services available to prevent
violence against women, children, and youth;
``(3) reduce the impact of exposure to violence in the lives of
children and youth so that the intergenerational cycle of violence
is interrupted;
``(4) develop and implement education and services programs to
prevent children in vulnerable families from becoming victims or
perpetrators of domestic violence, dating violence, sexual assault,
or stalking;
``(5) promote programs to ensure that children and youth
receive the assistance they need to end the cycle of violence and
develop mutually respectful, nonviolent relationships; and
``(6) encourage collaboration among community-based
organizations and governmental agencies serving children and youth,
providers of health and mental health services and providers of
domestic violence, dating violence, sexual assault, and stalking
victim services to prevent violence against women and children.
``SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human Services, is
authorized to award grants on a competitive basis to eligible
entities for the purpose of mitigating the effects of domestic
violence, dating violence, sexual assault, and stalking on children
exposed to such violence, and reducing the risk of future
victimization or perpetration of domestic violence, dating
violence, sexual assault, and stalking.
``(2) Term.--The Director shall make grants under this section
for a period of 2 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of underserved populations;
``(B) awarding not less than 10 percent of such amounts to
Indian tribes for the funding of tribal projects from the
amounts made available under this section for a fiscal year;
``(C) awarding up to 8 percent for the funding of technical
assistance programs from the amounts made available under this
section for a fiscal year; and
``(D) awarding not less than 66 percent to programs
described in subsection (c)(1) from the amounts made available
under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2007 through 2011.
``(c) Use of Funds.--The funds appropriated under this section
shall be used for--
``(1) programs that provide services for children exposed to
domestic violence, dating violence, sexual assault, or stalking,
which may include direct counseling, advocacy, or mentoring, and
must include support for the nonabusing parent or the child's
caretaker; or
``(2) training, coordination, and advocacy for programs that
serve children and youth (such as Head Start, child care, and
after-school programs) on how to safely and confidentially identify
children and families experiencing domestic violence and properly
refer them to programs that can provide direct services to the
family and children, and coordination with other domestic violence
or other programs serving children exposed to domestic violence,
dating violence, sexual assault, or stalking that can provide the
training and direct services referenced in this subsection.
``(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a--
``(1) a victim service provider, tribal nonprofit organization
or community-based organization that has a documented history of
effective work concerning children or youth exposed to domestic
violence, dating violence, sexual assault, or stalking, including
programs that provide culturally specific services, Head Start,
childcare, faith-based organizations, after school programs, and
health and mental health providers; or
``(2) a State, territorial, or tribal, or local unit of
government agency that is partnered with an organization described
in paragraph (1).
``(e) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require; and
``(2) at a minimum, describe in the application the policies
and procedures that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of children
who have been or are being exposed to violence and their
nonabusing parent, enhance or ensure the safety and security of
children and their nonabusing parent in homes already
experiencing domestic violence, dating violence, sexual
assault, or stalking; and
``(B) ensure linguistically, culturally, and community
relevant services for underserved communities.
``SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR HOME
VISITATION PROJECTS.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human Services,
shall award grants on a competitive basis to home visitation
programs, in collaboration with victim service providers, for the
purposes of developing and implementing model policies and
procedures to train home visitation service providers on addressing
domestic violence, dating violence, sexual assault, and stalking in
families experiencing violence, or at risk of violence, to reduce
the impact of that violence on children, maintain safety, improve
parenting skills, and break intergenerational cycles of violence.
``(2) Term.--The Director shall make the grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall--
``(A) consider the needs of underserved populations;
``(B) award not less than 7 percent of such amounts for the
funding of tribal projects from the amounts made available
under this section for a fiscal year; and
``(C) award up to 8 percent for the funding of technical
assistance programs from the amounts made available under this
section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2007 through 2011.
``(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a national, Federal, State, local,
territorial, or tribal--
``(1) home visitation program that provides services to
pregnant women and to young children and their parent or primary
caregiver that are provided in the permanent or temporary residence
or in other familiar surroundings of the individual or family
receiving such services; or
``(2) victim services organization or agency in collaboration
with an organization or organizations listed in paragraph (1).
``(d) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require; and
``(2) describe in the application the policies and procedures
that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of children
and their nonabusing parent in homes already experiencing
domestic violence, dating violence, sexual assault, or
stalking;
``(B) ensure linguistically, culturally, and community
relevant services for underserved communities;
``(C) ensure the adequate training by domestic violence,
dating violence, sexual assault or stalking victim service
providers of home visitation grantee program staff to--
``(i) safely screen for and/or recognize domestic
violence, dating violence, sexual assault, and stalking;
``(ii) understand the impact of domestic violence or
sexual assault on children and protective actions taken by
a nonabusing parent or caretaker in response to violence
against anyone in the household; and
``(iii) link new parents with existing community
resources in communities where resources exist; and
``(D) ensure that relevant State and local domestic
violence, dating violence, sexual assault, and stalking victim
service providers and coalitions are aware of the efforts of
organizations receiving grants under this section, and are
included as training partners, where possible.
``SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(a) Grants Authorized.--
``(1) In general--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human Services,
shall award grants on a competitive basis to eligible entities for
the purpose of developing or enhancing programs related to engaging
men and youth in preventing domestic violence, dating violence,
sexual assault, and stalking by helping them to develop mutually
respectful, nonviolent relationships.
``(2) Term.--The Director shall make grants under this section
for a period of 2 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of underserved populations;
``(B) awarding not less than 10 percent of such amounts for
the funding of Indian tribes from the amounts made available
under this section for a fiscal year; and
``(C) awarding up to 8 percent for the funding of technical
assistance for grantees and non-grantees working in this area
from the amounts made available under this section for a fiscal
year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2007 through 2011.
``(c) Use of Funds.--
``(1) Programs.--The funds appropriated under this section
shall be used by eligible entities--
``(A) to develop or enhance community-based programs,
including gender-specific programs in accordance with
applicable laws that--
``(i) encourage children and youth to pursue nonviolent
relationships and reduce their risk of becoming victims or
perpetrators of domestic violence, dating violence, sexual
assault, or stalking; and
``(ii) that include at a minimum--
``(I) information on domestic violence, dating
violence, sexual assault, stalking, or child sexual
abuse and how they affect children and youth; and
``(II) strategies to help participants be as safe
as possible; or
``(B) to create public education campaigns and community
organizing to encourage men and boys to work as allies with
women and girls to prevent violence against women and girls
conducted by entities that have experience in conducting public
education campaigns that address domestic violence, dating
violence, sexual assault, or stalking.
``(2) Media limits.--No more than 40 percent of funds received
by a grantee under this section may be used to create and
distribute media materials.
``(d) Eligible Entities.--
``(1) Relationships.--Eligible entities under subsection
(c)(1)(A) are--
``(A) nonprofit, nongovernmental domestic violence, dating
violence, sexual assault, or stalking victim service providers
or coalitions;
``(B) community-based child or youth services organizations
with demonstrated experience and expertise in addressing the
needs and concerns of young people;
``(C) a State, territorial, tribal, or unit of local
governmental entity that is partnered with an organization
described in subparagraph (A) or (B); or
``(D) a program that provides culturally specific services.
``(2) Awareness campaign.--Eligible entities under subsection
(c)(1)(B) are--
``(A) nonprofit, nongovernmental organizations or
coalitions that have a documented history of creating and
administering effective public education campaigns addressing
the prevention of domestic violence, dating violence, sexual
assault or stalking; or
``(B) a State, territorial, tribal, or unit of local
governmental entity that is partnered with an organization
described in subparagraph (A).
``(e) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require; and
``(2) eligible entities pursuant to subsection (c)(1)(A) shall
describe in the application the policies and procedures that the
entity has or will adopt to--
``(A) enhance or ensure the safety and security of children
and youth already experiencing domestic violence, dating
violence, sexual assault, or stalking in their lives;
``(B) ensure linguistically, culturally, and community
relevant services for underserved communities;
``(C) inform participants about laws, services, and
resources in the community, and make referrals as appropriate;
and
``(D) ensure that State and local domestic violence, dating
violence, sexual assault, and stalking victim service providers
and coalitions are aware of the efforts of organizations
receiving grants under this section.''.
SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) Purposes.--The Secretary of Health and Human Services acting
through the National Center for Injury Prevention and Control at the
Centers for Disease Control Prevention shall make grants to entities,
including domestic and sexual assault coalitions and programs, research
organizations, tribal organizations, and academic institutions to
support research to examine prevention and intervention programs to
further the understanding of sexual and domestic violence by and
against adults, youth, and children.
(b) Use of Funds.--The research conducted under this section shall
include evaluation and study of best practices for reducing and
preventing violence against women and children addressed by the
strategies included in Department of Health and Human Services-related
provisions this title, including strategies addressing underserved
communities.
(c) Authorization of Appropriations.--There shall be authorized to
be appropriated to carry out this title $2,000,000 for each of the
fiscal years 2007 through 2011.
SEC. 403. 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.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) The health-related costs of intimate partner violence in
the United States exceed $5,800,000,000 annually.
(2) Thirty-seven percent of all women who sought care in
hospital emergency rooms for violence-related injuries were injured
by a current or former spouse, boyfriend, or girlfriend.
(3) In addition to injuries sustained during violent episodes,
physical and psychological abuse is linked to a number of adverse
physical and mental health effects. Women who have been abused are
much more likely to suffer from chronic pain, diabetes, depression,
unintended pregnancies, substance abuse and sexually transmitted
infections, including HIV/AIDS.
(4) Health plans spend an average of $1,775 more a year on
abused women than on general enrollees.
(5) Each year about 324,000 pregnant women in the United States
are battered by the men in their lives. This battering leads to
complications of pregnancy, including low weight gain, anemia,
infections, and first and second trimester bleeding.
(6) Pregnant and recently pregnant women are more likely to be
victims of homicide than to die of any other pregnancy-related
cause, and evidence exists that a significant proportion of all
female homicide victims are killed by their intimate partners.
(7) Children who witness domestic violence are more likely to
exhibit behavioral and physical health problems including
depression, anxiety, and violence towards peers. They are also more
likely to attempt suicide, abuse drugs and alcohol, run away from
home, engage in teenage prostitution, and commit sexual assault
crimes.
(8) Recent research suggests that women experiencing domestic
violence significantly increase their safety-promoting behaviors
over the short- and long-term when health care providers screen
for, identify, and provide followup care and information to address
the violence.
(9) Currently, only about 10 percent of primary care physicians
routinely screen for intimate partner abuse during new patient
visits and 9 percent routinely screen for intimate partner abuse
during periodic checkups.
(10) Recent clinical studies have proven the effectiveness of a
2-minute screening for early detection of abuse of pregnant women.
Additional longitudinal studies have tested a 10-minute
intervention that was proven highly effective in increasing the
safety of pregnant abused women. Comparable research does not yet
exist to support the effectiveness of screening men.
(11) Seventy to 81 percent of the patients studied reported
that they would like their healthcare providers to ask them
privately about intimate partner violence.
SEC. 502. PURPOSE.
It is the purpose of this title to improve the health care system's
response to domestic violence, dating violence, sexual assault, and
stalking through the training and education of health care providers,
developing comprehensive public health responses to violence against
women and children, increasing the number of women properly screened,
identified, and treated for lifetime exposure to violence, and
expanding research on effective interventions in the health care
setting.
SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFESSIONALS IN DOMESTIC
AND SEXUAL VIOLENCE.
Part D of title VII of the Public Health Service Act (42 U.S.C. 294
et seq.) is amended by adding at the end the following:
``SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC
VIOLENCE AND OTHER TYPES OF VIOLENCE AND ABUSE.
``(a) Grants.--The Secretary, acting through the Director of the
Health Resources and Services Administration, shall award grants under
this section to develop interdisciplinary training and education
programs that provide undergraduate, graduate, post-graduate medical,
nursing (including advanced practice nursing students), and other
health professions students with an understanding of, and clinical
skills pertinent to, domestic violence, sexual assault, stalking, and
dating violence.
``(b) Eligibility.--To be eligible to receive a grant under this
section an entity shall--
``(1) be an accredited school of allopathic or osteopathic
medicine;
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require, including--
``(A) information to demonstrate that the applicant
includes the meaningful participation of a school of nursing
and at least one other school of health professions or graduate
program in public health, dentistry, social work, midwifery, or
behavioral and mental health;
``(B) strategies for the dissemination and sharing of
curricula and other educational materials developed under the
grant to other interested medical and nursing schools and
national resource repositories for materials on domestic
violence and sexual assault; and
``(C) a plan for consulting with community-based coalitions
or individuals who have experience and expertise in issues
related to domestic violence, sexual assault, dating violence,
and stalking for services provided under the program carried
out under the grant.
``(c) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under this
section shall be used to--
``(A) fund interdisciplinary training and education
projects that are designed to train medical, nursing, and other
health professions students and residents to identify and
provide health care services (including mental or behavioral
health care services and referrals to appropriate community
services) to individuals who are or who have experienced
domestic violence, sexual assault, and stalking or dating
violence; and
``(B) plan and develop culturally competent clinical
components for integration into approved residency training
programs that address health issues related to domestic
violence, sexual assault, dating violence, and stalking, along
with other forms of violence as appropriate, and include the
primacy of victim safety and confidentiality.
``(2) Permissive uses.--Amounts provided under a grant under
this section may be used to--
``(A) offer community-based training opportunities in rural
areas for medical, nursing, and other students and residents on
domestic violence, sexual assault, stalking, and dating
violence, and other forms of violence and abuse, which may
include the use of distance learning networks and other
available technologies needed to reach isolated rural areas; or
``(B) provide stipends to students who are underrepresented
in the health professions as necessary to promote and enable
their participation in clerkships, preceptorships, or other
offsite training experiences that are designed to develop
health care clinical skills related to domestic violence,
sexual assault, dating violence, and stalking.
``(3) Requirements.--
``(A) Confidentiality and safety.--Grantees under this
section shall ensure that all educational programs developed
with grant funds address issues of confidentiality and patient
safety, and that faculty and staff associated with delivering
educational components are fully trained in procedures that
will protect the immediate and ongoing security of the
patients, patient records, and staff. Advocacy-based coalitions
or other expertise available in the community shall be
consulted on the development and adequacy of confidentially and
security procedures, and shall be fairly compensated by
grantees for their services.
``(B) Rural programs.--Rural training programs carried out
under paragraph (2)(A) shall reflect adjustments in protocols
and procedures or referrals that may be needed to protect the
confidentiality and safety of patients who live in small or
isolated communities and who are currently or have previously
experienced violence or abuse.
``(4) Child and elder abuse.--Issues related to child and elder
abuse may be addressed as part of a comprehensive programmatic
approach implemented under a grant under this section.
``(d) Requirements of Grantees.--
``(1) Limitation on administrative expenses.--A grantee shall
not use more than 10 percent of the amounts received under a grant
under this section for administrative expenses.
``(2) Contribution of funds.--A grantee under this section, and
any entity receiving assistance under the grant for training and
education, shall contribute non-Federal funds, either directly or
through in-kind contributions, to the costs of the activities to be
funded under the grant in an amount that is not less than 25
percent of the total cost of such activities.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $3,000,000 for each of fiscal
years 2007 through 2011. Amounts appropriated under this subsection
shall remain available until expended.''.
SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
GRANTS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399O. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(a) Authority to Award Grants.--
``(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall award
grants to eligible State, tribal, territorial, or local entities to
strengthen the response of State, tribal, territorial, or local
health care systems to domestic violence, dating violence, sexual
assault, and stalking.
``(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
``(A) be--
``(i) a State department (or other division) of health,
a State domestic or sexual assault coalition or service-
based program, State law enforcement task force, or any
other nonprofit, nongovernmental, tribal, territorial, or
State entity with a history of effective work in the fields
of domestic violence, dating violence, sexual assault or
stalking, and health care; or
``(ii) a local, nonprofit domestic violence, dating
violence, sexual assault, or stalking service-based
program, a local department (or other division) of health,
a local health clinic, hospital, or health system, or any
other nonprofit, tribal, or local entity with a history of
effective work in the field of domestic or sexual violence
and health;
``(B) prepare and submit to the Secretary an application at
such time, in such manner, and containing such agreements,
assurances, and information as the Secretary determines to be
necessary to carry out the purposes for which the grant is to
be made; and
``(C) demonstrate that the entity is representing a team of
organizations and agencies working collaboratively to
strengthen the response of the health care system involved to
domestic violence, dating violence, sexual assault, or stalking
and that such team includes domestic violence, dating violence,
sexual assault or stalking and health care organizations.
``(3) Duration.--A program conducted under a grant awarded
under this section shall not exceed 2 years.
``(b) Use of Funds.--
``(1) In general.--An entity shall use amounts received under a
grant under this section to design and implement comprehensive
strategies to improve the response of the health care system
involved to domestic or sexual violence in clinical and public
health settings, hospitals, clinics, managed care settings
(including behavioral and mental health), and other health
settings.
``(2) Mandatory strategies.--Strategies implemented under
paragraph (1) shall include the following:
``(A) The implementation, dissemination, and evaluation of
policies and procedures to guide health care professionals and
behavioral and public health staff in responding to domestic
violence, dating violence, sexual assault, and stalking,
including strategies to ensure that health information is
maintained in a manner that protects the patient's privacy and
safety and prohibits insurance discrimination.
``(B) The development of on-site access to services to
address the safety, medical, mental health, and economic needs
of patients either by increasing the capacity of existing
health care professionals and behavioral and public health
staff to address domestic violence, dating violence, sexual
assault, and stalking, by contracting with or hiring domestic
or sexual assault advocates to provide the services, or to
model other services appropriate to the geographic and cultural
needs of a site.
``(C) The evaluation of practice and the
institutionalization of identification, intervention, and
documentation including quality improvement measurements.
``(D) The provision of training and followup technical
assistance to health care professionals, behavioral and public
health staff, and allied health professionals to identify,
assess, treat, and refer clients who are victims of domestic
violence, dating violence, sexual violence, or stalking.
``(3) Permissive strategies.--Strategies implemented under
paragraph (1) may include the following:
``(A) Where appropriate, the development of training
modules and policies that address the overlap of child abuse,
domestic violence, dating violence, sexual assault, and
stalking and elder abuse as well as childhood exposure to
domestic violence.
``(B) The creation, adaptation, and implementation of
public education campaigns for patients concerning domestic
violence, dating violence, sexual assault, and stalking
prevention.
``(C) The development, adaptation, and dissemination of
domestic violence, dating violence, sexual assault, and
stalking education materials to patients and health care
professionals and behavioral and public health staff.
``(D) The promotion of the inclusion of domestic violence,
dating violence, sexual assault, and stalking into health
professional training schools, including medical, dental,
nursing school, social work, and mental health curriculum.
``(E) The integration of domestic violence, dating
violence, sexual assault, and stalking into health care
accreditation and professional licensing examinations, such as
medical, dental, social work, and nursing boards.
``(c) Allocation of Funds.--Funds appropriated under this section
shall be distributed equally between State and local programs.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to award grants under this section, $5,000,000 for each of
fiscal years 2007 through 2011.''.
SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTHCARE
SETTING.
Subtitle B of the Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1902 et seq.), as amended by the Violence Against
Women Act of 2000 (114 Stat. 1491 et seq.), and as amended by this Act,
is further amended by adding at the end the following:
``CHAPTER 11--RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE
AGAINST WOMEN
``SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTH CARE
SETTING.
``(a) Purpose.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention and the Director of the
Agency for Healthcare Research and Quality, shall award grants and
contracts to fund research on effective interventions in the health
care setting that prevent domestic violence, dating violence, and
sexual assault across the lifespan and that prevent the health effects
of such violence and improve the safety and health of individuals who
are currently being victimized.
``(b) Use of Funds.--Research conducted with amounts received under
a grant or contract under this section shall include the following:
``(1) With respect to the authority of the Centers for Disease
Control and Prevention--
``(A) research on the effects of domestic violence, dating
violence, sexual assault, and childhood exposure to domestic,
dating, or sexual violence, on health behaviors, health
conditions, and the health status of individuals, families, and
populations;
``(B) research and testing of best messages and strategies
to mobilize public and health care provider action concerning
the prevention of domestic, dating, or sexual violence; and
``(C) measure the comparative effectiveness and outcomes of
efforts under this Act to reduce violence and increase women's
safety.
``(2) With respect to the authority of the Agency for
Healthcare Research and Quality--
``(A) research on the impact on the health care system,
health care utilization, health care costs, and health status
of domestic violence, dating violence, and childhood exposure
to domestic and dating violence, sexual violence and stalking
and childhood exposure; and
``(B) research on effective interventions within primary
care and emergency health care settings and with health care
settings that include clinical partnerships within community
domestic violence providers for adults and children exposed to
domestic or dating violence.
``(c) Use of Data.--Research funded under this section shall be
utilized by eligible entities under section 399O of the Public Health
Service Act.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2007 through 2011.''.
TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND
CHILDREN
SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
The Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) is
amended by adding at the end the following:
``Subtitle N--Addressing the Housing Needs of Victims of Domestic
Violence, Dating Violence, Sexual Assault, and Stalking
``SEC. 41401. FINDINGS.
``Congress finds that:
``(1) There is a strong link between domestic violence and
homelessness. Among cities surveyed, 44 percent identified domestic
violence as a primary cause of homelessness.
``(2) Ninety-two percent of homeless women have experienced
severe physical or sexual abuse at some point in their lives. Of
all homeless women and children, 60 percent had been abused by age
12, and 63 percent have been victims of intimate partner violence
as adults.
``(3) Women and families across the country are being
discriminated against, denied access to, and even evicted from
public and subsidized housing because of their status as victims of
domestic violence.
``(4) A recent survey of legal service providers around the
country found that these providers have responded to almost 150
documented eviction cases in the last year alone where the tenant
was evicted because of the domestic violence crimes committed
against her. In addition, nearly 100 clients were denied housing
because of their status as victims of domestic violence.
``(5) Women who leave their abusers frequently lack adequate
emergency shelter options. The lack of adequate emergency options
for victims presents a serious threat to their safety and the
safety of their children. Requests for emergency shelter by
homeless women with children increased by 78 percent of United
States cities surveyed in 2004. In the same year, 32 percent of the
requests for shelter by homeless families went unmet due to the
lack of available emergency shelter beds.
``(6) The average stay at an emergency shelter is 60 days,
while the average length of time it takes a homeless family to
secure housing is 6 to 10 months.
``(7) Victims of domestic violence often return to abusive
partners because they cannot find long-term housing.
``(8) There are not enough Federal housing rent vouchers
available to accommodate the number of people in need of long-term
housing. Some people remain on the waiting list for Federal housing
rent vouchers for years, while some lists are closed.
``(9) Transitional housing resources and services provide an
essential continuum between emergency shelter provision and
independent living. A majority of women in transitional housing
programs stated that had these programs not existed, they would
have likely gone back to abusive partners.
``(10) Because abusers frequently manipulate finances in an
effort to control their partners, victims often lack steady income,
credit history, landlord references, and a current address, all of
which are necessary to obtain long-term permanent housing.
``(11) Victims of domestic violence in rural areas face
additional barriers, challenges, and unique circumstances, such as
geographical isolation, poverty, lack of public transportation
systems, shortages of health care providers, under-insurance or
lack of health insurance, difficulty ensuring confidentiality in
small communities, and decreased access to many resources (such as
advanced education, job opportunities, and adequate childcare).
``(12) Congress and the Secretary of Housing and Urban
Development have recognized in recent years that families
experiencing domestic violence have unique needs that should be
addressed by those administering the Federal housing programs.
``SEC. 41402. PURPOSE.
``The purpose of this subtitle is to reduce domestic violence,
dating violence, sexual assault, and stalking, and to prevent
homelessness by--
``(1) protecting the safety of victims of domestic violence,
dating violence, sexual assault, and stalking who reside in
homeless shelters, public housing, assisted housing, tribally
designated housing, or other emergency, transitional, permanent, or
affordable housing, and ensuring that such victims have meaningful
access to the criminal justice system without jeopardizing such
housing;
``(2) creating long-term housing solutions that develop
communities and provide sustainable living solutions for victims of
domestic violence, dating violence, sexual assault, and stalking;
``(3) building collaborations among victim service providers,
homeless service providers, housing providers, and housing agencies
to provide appropriate services, interventions, and training to
address the housing needs of victims of domestic violence, dating
violence, sexual assault, and stalking; and
``(4) enabling public and assisted housing agencies, tribally
designated housing entities, private landlords, property management
companies, and other housing providers and agencies to respond
appropriately to domestic violence, dating violence, sexual
assault, and stalking, while maintaining a safe environment for all
housing residents.
``SEC. 41403. DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `assisted housing' means housing assisted--
``(A) under sections 213, 220, 221(d)(3), 221(d)(4),
223(e), 231, or 236 of the National Housing Act (12 U.S.C.
1715l(d)(3), (d)(4), or 1715z-1);
``(B) under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s);
``(C) under section 202 of the Housing Act of 1959 (12
U.S.C. 1701q);
``(D) under section 811 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 8013);
``(E) under title II of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12701 et seq.);
``(F) under subtitle D of title VIII of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et
seq.);
``(G) under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.); or
``(H) under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f);
``(2) the term `continuum of care' means a community plan
developed to organize and deliver housing and services to meet the
specific needs of people who are homeless as they move to stable
housing and achieve maximum self-sufficiency;
``(3) the term `low-income housing assistance voucher' means
housing assistance described in section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f);
``(4) the term `public housing' means housing described in
section 3(b)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(1));
``(5) the term `public housing agency' means an agency
described in section 3(b)(6) of the United States Housing Act of
1937 (42 U.S.C. 1437a(b)(6));
``(6) the terms `homeless', `homeless individual', and
`homeless person'--
``(A) mean an individual who lacks a fixed, regular, and
adequate nighttime residence; and
``(B) includes--
``(i) an individual who--
``(I) is sharing the housing of other persons due
to loss of housing, economic hardship, or a similar
reason;
``(II) is living in a motel, hotel, trailer park,
or campground due to the lack of alternative adequate
accommodations;
``(III) is living in an emergency or transitional
shelter;
``(IV) is abandoned in a hospital; or
``(V) is awaiting foster care placement;
``(ii) an individual who has a primary nighttime
residence that is a public or private place not designed
for or ordinarily used as a regular sleeping accommodation
for human beings; or
``(iii) migratory children (as defined in section 1309
of the Elementary and Secondary Education Act of 1965; 20
U.S.C. 6399) who qualify as homeless under this section
because the children are living in circumstances described
in this paragraph;
``(7) the term `homeless service provider' means a nonprofit,
nongovernmental homeless service provider, such as a homeless
shelter, a homeless service or advocacy program, a tribal
organization serving homeless individuals, or coalition or other
nonprofit, nongovernmental organization carrying out a community-
based homeless or housing program that has a documented history of
effective work concerning homelessness;
``(8) the term `tribally designated housing' means housing
assistance described in the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
``(9) the term `tribally designated housing entity' means a
housing entity described in the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103(21));
``SEC. 41404. COLLABORATIVE GRANTS TO INCREASE THE LONG-TERM STABILITY
OF VICTIMS.
``(a) Grants Authorized.--
``(1) In general.--The Secretary of Health and Human Services,
acting through the Administration of Children and Families, in
partnership with the Secretary of Housing and Urban Development,
shall award grants, contracts, or cooperative agreements for a
period of not less than 2 years to eligible entities to develop
long-term sustainability and self-sufficiency options for adult and
youth victims of domestic violence, dating violence, sexual
assault, and stalking who are currently homeless or at risk for
becoming homeless.
``(2) Amount.--The Secretary of Health and Human Services shall
award funds in amounts--
``(A) not less than $25,000 per year; and
``(B) not more than $1,000,000 per year.
``(b) Eligible Entities.--To be eligible to receive funds under
this section, an entity shall demonstrate that it is a coalition or
partnership, applying jointly, that--
``(1) shall include a domestic violence victim service
provider;
``(2) shall include--
``(A) a homeless service provider;
``(B) a nonprofit, nongovernmental community housing
development organization or a Department of Agriculture rural
housing service program; or
``(C) in the absence of a homeless service provider on
tribal lands or nonprofit, nongovernmental community housing
development organization on tribal lands, a tribally designated
housing entity or tribal housing consortium;
``(3) may include a dating violence, sexual assault, or
stalking victim service provider;
``(4) may include housing developers, housing corporations,
State housing finance agencies, other housing agencies, and
associations representing landlords;
``(5) may include a public housing agency or tribally
designated housing entity;
``(6) may include tenant organizations in public or tribally
designated housing, as well as nonprofit, nongovernmental tenant
organizations;
``(7) may include other nonprofit, nongovernmental
organizations participating in the Department of Housing and Urban
Development's Continuum of Care process;
``(8) may include a State, tribal, territorial, or local
government or government agency; and
``(9) may include any other agencies or nonprofit,
nongovernmental organizations with the capacity to provide
effective help to adult and youth victims of domestic violence,
dating violence, sexual assault, or stalking.
``(c) Application.--Each eligible entity seeking funds under this
section shall submit an application to the Secretary of Health and
Human Services at such time, in such manner, and containing such
information as the Secretary of Health and Human Services may require.
``(d) Use of Funds.--
``(1) In general.--Funds awarded to eligible entities under
subsection (a) shall be used to design or replicate and implement
new activities, services, and programs to increase the stability
and self-sufficiency of, and create partnerships to develop long-
term housing options for adult and youth victims of domestic
violence, dating violence, sexual assault, or stalking, and their
dependents, who are currently homeless or at risk of becoming
homeless.
``(2) Activities, services, programs.--Such activities,
services, or programs described in paragraph (1) shall develop
sustainable long-term living solutions in the community by--
``(A) coordinating efforts and resources among the various
groups and organizations comprised in the entity to access
existing private and public funding;
``(B) assisting with the placement of individuals and
families in long-term housing; and
``(C) providing services to help individuals or families
find and maintain long-term housing, including financial
assistance and support services;
``(3) may develop partnerships with individuals, organizations,
corporations, or other entities that provide capital costs for the
purchase, preconstruction, construction, renovation, repair, or
conversion of affordable housing units;
``(4) may use funds for the administrative expenses related to
the continuing operation, upkeep, maintenance, and use of housing
described in paragraph (3); and
``(5) may provide to the community information about housing
and housing programs, and the process to locate and obtain long-
term housing.
``(e) Limitation.--Funds provided under paragraph (a) shall not be
used for construction, modernization or renovation.
``(f) Underserved Populations and Priorities.--In awarding grants
under this section, the Secretary of Health and Human Services shall--
``(1) give priority to linguistically and culturally specific
services;
``(2) give priority to applications from entities that include
a sexual assault service provider as described in subsection
(b)(3); and
``(3) award a minimum of 15 percent of the funds appropriated
under this section in any fiscal year to tribal organizations.
``(g) Definitions.--For purposes of this section:
``(1) Affordable housing.--The term `affordable housing' means
housing that complies with the conditions set forth in section 215
of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12745).
``(2) Long-term housing.--The term `long-term housing' means
housing that is sustainable, accessible, affordable, and safe for
the foreseeable future and is--
``(A) rented or owned by the individual;
``(B) subsidized by a voucher or other program which is not
time-limited and is available for as long as the individual
meets the eligibility requirements for the voucher or program;
or
``(C) provided directly by a program, agency, or
organization and is not time-limited and is available for as
long as the individual meets the eligibility requirements for
the program, agency, or organization.
``(h) Evaluation, Monitoring, Administration, and Technical
Assistance.--For purposes of this section--
``(1) up to 5 percent of the funds appropriated under
subsection (i) for each fiscal year may be used by the Secretary of
Health and Human Services for evaluation, monitoring, and
administration costs under this section; and
``(2) up to 8 percent of the funds appropriated under
subsection (i) for each fiscal year may be used to provide
technical assistance to grantees under this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2007 through 2011 to
carry out the provisions of this section.
``SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN PUBLIC AND
ASSISTED HOUSING.
``(a) Purpose.--It is the purpose of this section to assist
eligible grantees in responding appropriately to domestic violence,
dating violence, sexual assault, and stalking so that the status of
being a victim of such a crime is not a reason for the denial or loss
of housing. Such assistance shall be accomplished through--
``(1) education and training of eligible entities;
``(2) development and implementation of appropriate housing
policies and practices;
``(3) enhancement of collaboration with victim service
providers and tenant organizations; and
``(4) reduction of the number of victims of such crimes who are
evicted or denied housing because of crimes and lease violations
committed or directly caused by the perpetrators of such crimes.
``(b) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Violence Against Women Office of the Department of
Justice (`Director'), and in consultation with the Secretary of
Housing and Urban Development (`Secretary'), and the Secretary of
Health and Human Services, acting through the Administration for
Children, Youth and Families (`ACYF'), shall award grants and
contracts for not less than 2 years to eligible grantees to promote
the full and equal access to and use of housing by adult and youth
victims of domestic violence, dating violence, sexual assault, and
stalking.
``(2) Amounts.--Not less than 15 percent of the funds
appropriated to carry out this section shall be available for
grants to tribally designated housing entities.
``(3) Award basis.--The Attorney General shall award grants and
contracts under this section on a competitive basis.
``(4) Limitation.--Appropriated funds may only be used for the
purposes described in subsection (f).
``(c) Eligible Grantees.--
``(1) In general.--Eligible grantees are--
``(A) public housing agencies;
``(B) principally managed public housing resident
management corporations, as determined by the Secretary;
``(C) public housing projects owned by public housing
agencies;
``(D) tribally designated housing entities; and
``(E) private, for-profit, and nonprofit owners or managers
of assisted housing.
``(2) Submission required for all grantees.--To receive
assistance under this section, an eligible grantee shall certify
that--
``(A) its policies and practices do not prohibit or limit a
resident's right to summon police or other emergency assistance
in response to domestic violence, dating violence, sexual
assault, or stalking;
``(B) programs and services are developed that give a
preference in admission to adult and youth victims of such
violence, consistent with local housing needs, and applicable
law and the Secretary's instructions;
``(C) it does not discriminate against any person--
``(i) because that person is or is perceived to be, or
has a family or household member who is or is perceived to
be, a victim of such violence; or
``(ii) because of the actions or threatened actions of
the individual who the victim, as certified in subsection
(e), states has committed or threatened to commit acts of
such violence against the victim, or against the victim's
family or household member;
``(D) plans are developed that establish meaningful
consultation and coordination with local victim service
providers, tenant organizations, linguistically and culturally
specific service providers, State domestic violence and sexual
assault coalitions, and, where they exist, tribal domestic
violence and sexual assault coalitions; and
``(E) its policies and practices will be in compliance with
those described in this paragraph within the later of 1 year or
a period selected by the Attorney General in consultation with
the Secretary and ACYF.
``(d) Application.--Each eligible entity seeking a grant under this
section shall submit an application to the Attorney General at such a
time, in such a manner, and containing such information as the Attorney
General may require.
``(e) Certification.--
``(1) In general.--A public housing agency, tribally designated
housing entity, or assisted housing provider receiving funds under
this section may request that an individual claiming relief under
this section certify that the individual is a victim of domestic
violence, dating violence, sexual assault, or stalking. The
individual shall provide a copy of such certification to the public
housing agency, tribally designated housing entity, or assisted
housing provider within a reasonable period of time after the
agency or authority requests such certification.
``(2) Contents.--An individual may satisfy the certification
requirement of paragraph (1) by--
``(A) providing the public housing agency, tribally
designated housing entity, or assisted housing provider with
documentation, signed by an employee, agent, or volunteer of a
victim service provider, an attorney, a member of the clergy, a
medical professional, or any other professional from whom the
victim has sought assistance in addressing domestic violence,
dating violence, sexual assault, or stalking, or the effects of
abuse; or
``(B) producing a Federal, State, tribal, territorial, or
local police or court record.
``(3) Limitation.--Nothing in this subsection shall be
construed to require any housing agency, assisted housing provider,
tribally designated housing entity, owner, or manager to demand
that an individual produce official documentation or physical proof
of the individual's status as a victim of domestic violence, dating
violence, sexual assault, or stalking, in order to receive any of
the benefits provided in this section. A housing agency, assisted
housing provider, tribally designated housing entity, owner, or
manager may provide benefits to an individual based solely on the
individual's statement or other corroborating evidence.
``(4) Confidentiality.--
``(A) In general.--All information provided to any housing
agency, assisted housing provider, tribally designated housing
entity, owner, or manager pursuant to paragraph (1), including
the fact that an individual is a victim of domestic violence,
dating violence, sexual assault, or stalking, shall be retained
in confidence by such agency, and shall neither be entered into
any shared database, nor provided to any related housing
agency, assisted housing provider, tribally designated housing
entity, owner, or manager, except to the extent that disclosure
is--
``(i) requested or consented to by the individual in
writing; or
``(ii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must provide
notice to tenants of their rights under this section, including
their right to confidentiality and the limits thereof, and to
owners and managers of their rights and obligations under this
section.
``(f) Use of Funds.--Grants and contracts awarded pursuant to
subsection (a) shall provide to eligible entities personnel, training,
and technical assistance to develop and implement policies, practices,
and procedures, making physical improvements or changes, and developing
or enhancing collaborations for the purposes of--
``(1) enabling victims of domestic violence, dating violence,
sexual assault, and stalking with otherwise disqualifying rental,
credit, or criminal histories to be eligible to obtain housing or
housing assistance, if such victims would otherwise qualify for
housing or housing assistance and can provide documented evidence
that demonstrates the causal connection between such violence or
abuse and the victims' negative histories;
``(2) permitting applicants for housing or housing assistance
to provide incomplete rental and employment histories, otherwise
required as a condition of admission or assistance, if the victim
believes that providing such rental and employment history would
endanger the victim's or the victim children's safety;
``(3) protecting victims' confidentiality, including protection
of victims' personally identifying information, address, or rental
history;
``(4) assisting victims who need to leave a public housing,
tribally designated housing, or assisted housing unit quickly to
protect their safety, including those who are seeking transfer to a
new public housing unit, tribally designated housing unit, or
assisted housing unit, whether in the same or a different
neighborhood or jurisdiction;
``(5) enabling the public housing agency, tribally designated
housing entity, or assisted housing provider, or the victim, to
remove, consistent with applicable State law, the perpetrator of
domestic violence, dating violence, sexual assault, or stalking
without evicting, removing, or otherwise penalizing the victim;
``(6) enabling the public housing agency, tribally designated
housing entity, or assisted housing provider, when notified, to
honor court orders addressing rights of access to or control of the
property, including civil protection orders issued to protect the
victim and issued to address the distribution or possession of
property among the household members in cases where a family breaks
up;
``(7) developing and implementing more effective security
policies, protocols, and services;
``(8) allotting not more than 15 percent of funds awarded under
the grant to make modest physical improvements to enhance safety;
``(9) training personnel to more effectively identify and
respond to victims of domestic violence, dating violence, sexual
assault, and stalking; and
``(10) effectively providing notice to applicants and residents
of the above housing policies, practices, and procedures.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2007 through 2011 to
carry out the provisions of this section.
``(h) Technical Assistance.--Up to 12 percent of the amount
appropriated under subsection (g) for each fiscal year shall be used by
the Attorney General for technical assistance costs under this
section.''.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING.
(a) In General.--Section 40299 of the Violence Against Women Act of
1994 (42 U.S.C. 13975) is amended--
(1) in subsection (a)--
(A) by inserting ``the Department of Housing and Urban
Development, and the Department of Health and Human Services,''
after ``Department of Justice,'';
(B) by inserting ``, including domestic violence and sexual
assault victim service providers, domestic violence and sexual
assault coalitions, other nonprofit, nongovernmental
organizations, or community-based and culturally specific
organizations, that have a documented history of effective work
concerning domestic violence, dating violence, sexual assault,
or stalking'' after ``other organizations''; and
(C) in paragraph (1), by inserting ``, dating violence,
sexual assault, or stalking'' after ``domestic violence'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(B) in paragraph (3), as redesignated, by inserting ``,
dating violence, sexual assault, or stalking'' after
``violence'';
(C) by inserting before paragraph (2), as redesignated, the
following:
``(1) transitional housing, including funding for the operating
expenses of newly developed or existing transitional housing.'';
and
(D) in paragraph (3)(B) as redesignated, by inserting
``Participation in the support services shall be voluntary.
Receipt of the benefits of the housing assistance described in
paragraph (2) shall not be conditioned upon the participation
of the youth, adults, or their dependents in any or all of the
support services offered them.'' after ``assistance.'';
(3) in paragraph (1) of subsection (c), by striking ``18
months'' and inserting ``24 months'';
(4) in subsection (d)(2)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) provide assurances that any supportive services
offered to participants in programs developed under subsection
(b)(3) are voluntary and that refusal to receive such services
shall not be grounds for termination from the program or
eviction from the victim's housing; and'';
(5) in subsection (e)(2)--
(A) in subparagraph (A), by inserting ``purpose and''
before ``amount'';
(B) in clause (ii) of subparagraph (C), by striking
``and'';
(C) in subparagraph (D), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(E) the client population served and the number of
individuals requesting services that the transitional housing
program is unable to serve as a result of a lack of
resources.''; and
(6) in subsection (g)--
(A) in paragraph (1), by striking ``$30,000,000'' and
inserting ``$40,000,000'';
(B) in paragraph (1), by striking ``2004'' and inserting
``2007'';
(C) in paragraph (1), by striking ``2008'' and inserting
``2011'';
(D) in paragraph (2), by striking ``not more than 3
percent'' and inserting ``up to 5 percent'';
(E) in paragraph (2), by inserting ``evaluation,
monitoring, technical assistance,'' before ``salaries''; and
(F) in paragraph (3), by adding at the end the following
new subparagraphs:
``(C) Underserved populations.--
``(i) A minimum of 7 percent of the total amount
appropriated in any fiscal year shall be allocated to
tribal organizations serving adult and youth victims of
domestic violence, dating violence, sexual assault, or
stalking, and their dependents.
``(ii) Priority shall be given to projects developed
under subsection (b) that primarily serve underserved
populations.''.
SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING REQUIREMENT.
Section 5A of the United States Housing Act of 1937 (42 U.S.C.
1437c-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Statement of goals.--The 5-year plan shall include a
statement by any public housing agency of the goals, objectives,
policies, or programs that will enable the housing authority to
serve the needs of child and adult victims of domestic violence,
dating violence, sexual assault, or stalking.'';
(2) in subsection (d), by redesignating paragraphs (13), (14),
(15), (16), (17), and (18), as paragraphs (14), (15), (16), (17),
(18), and (19), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) Domestic violence, dating violence, sexual assault, or
stalking programs.--A description of--
``(A) any activities, services, or programs provided or
offered by an agency, either directly or in partnership with
other service providers, to child or adult victims of domestic
violence, dating violence, sexual assault, or stalking;
``(B) any activities, services, or programs provided or
offered by a public housing agency that helps child and adult
victims of domestic violence, dating violence, sexual assault,
or stalking, to obtain or maintain housing; and
``(C) any activities, services, or programs provided or
offered by a public housing agency to prevent domestic
violence, dating violence, sexual assault, and stalking, or to
enhance victim safety in assisted families.''.
SEC. 604. HOUSING STRATEGIES.
Section 105(b)(1) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705(b)(1)) is amended by inserting after
``immunodeficiency syndrome,'' the following: ``victims of domestic
violence, dating violence, sexual assault, and stalking''.
SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 423 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11383) is amended--
(1) by adding at the end of subsection (a) the following:
``(8) Confidentiality.--
``(A) Victim service providers.--In the course of awarding
grants or implementing programs under this subsection, the
Secretary shall instruct any victim service provider that is a
recipient or subgrantee not to disclose for purposes of a
Homeless Management Information System personally identifying
information about any client. The Secretary may, after public
notice and comment, require or ask such recipients and
subgrantees to disclose for purposes of a Homeless Management
Information System non-personally identifying data that has
been de-identified, encrypted, or otherwise encoded. Nothing in
this section shall be construed to supersede any provision of
any Federal, State, or local law that provides greater
protection than this paragraph for victims of domestic
violence, dating violence, sexual assault, or stalking.
``(B) Definitions.--
``(i) Personally identifying information or personal
information.--The term `personally identifying information'
or `personal information' means individually identifying
information for or about an individual including
information likely to disclose the location of a victim of
domestic violence, dating violence, sexual assault, or
stalking, including--
``(I) a first and last name;
``(II) a home or other physical address;
``(III) contact information (including a postal, e-
mail or Internet protocol address, or telephone or
facsimile number);
``(IV) a social security number; and
``(V) any other information, including date of
birth, racial or ethnic background, or religious
affiliation, that, in combination with any other non-
personally identifying information would serve to
identify any individual.
``(ii) Victim service provider.--The term `victim
service provider' or `victim service providers' means a
nonprofit, nongovernmental organization including rape
crisis centers, battered women's shelters, domestic
violence transitional housing programs, and other programs
whose primary mission is to provide services to victims of
domestic violence, dating violence, sexual assault, or
stalking.''.
SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE VOUCHER
PROGRAM.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended--
(1) in subsection (c), by adding at the end the following new
paragraph:
``(9)(A) That an applicant or participant is or has been a
victim of domestic violence, dating violence, or stalking is not an
appropriate basis for denial of program assistance or for denial of
admission, if the applicant otherwise qualifies for assistance or
admission.
``(B) An incident or incidents of actual or threatened domestic
violence, dating violence, or stalking will not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and shall not be good cause for
terminating the assistance, tenancy, or occupancy rights of the
victim of such violence.
``(C)(i) Criminal activity directly relating to domestic
violence, dating violence, or stalking, engaged in by a member of a
tenant's household or any guest or other person under the tenant's
control shall not be cause for termination of assistance, tenancy,
or occupancy rights if the tenant or an immediate member of the
tenant's family is the victim or threatened victim of that domestic
violence, dating violence, or stalking.
``(ii) Notwithstanding clause (i), an owner or manager may
bifurcate a lease under this section, in order to evict, remove, or
terminate assistance to any individual who is a tenant or lawful
occupant and who engages in criminal acts of physical violence
against family members or others, without evicting, removing,
terminating assistance to, or otherwise penalizing the victim of
such violence who is also a tenant or lawful occupant.
``(iii) Nothing in clause (i) may be construed to limit the
authority of a public housing agency, owner, or manager, when
notified, to honor court orders addressing rights of access to or
control of the property, including civil protection orders issued
to protect the victim and issued to address the distribution or
possession of property among the household members in cases where a
family breaks up.
``(iv) Nothing in clause (i) limits any otherwise available
authority of an owner or manager to evict or the public housing
agency to terminate assistance to a tenant for any violation of a
lease not premised on the act or acts of violence in question
against the tenant or a member of the tenant's household, provided
that the owner or manager does not subject an individual who is or
has been a victim of domestic violence, dating violence, or
stalking to a more demanding standard than other tenants in
determining whether to evict or terminate.
``(v) Nothing in clause (i) may be construed to limit the
authority of an owner, manager, or public housing agency to evict
or terminate from assistance any tenant or lawful occupant if the
owner, manager or public housing agency can demonstrate an actual
and imminent threat to other tenants or those employed at or
providing service to the property if that tenant is not evicted or
terminated from assistance.
``(vi) Nothing in this section shall be construed to supersede
any provision of any Federal, State, or local law that provides
greater protection than this section for victims of domestic
violence, dating violence, or stalking.'';
(2) in subsection (d)--
(A) in paragraph (1)(A), by inserting after ``public
housing agency'' the following: ``and that an applicant or
participant is or has been a victim of domestic violence,
dating violence, or stalking is not an appropriate basis for
denial of program assistance or for denial of admission if the
applicant otherwise qualifies for assistance or admission'';
(B) in paragraph (1)(B)(ii), by inserting after ``other
good cause'' the following: ``, and that an incident or
incidents of actual or threatened domestic violence, dating
violence, or stalking will not be construed as a serious or
repeated violation of the lease by the victim or threatened
victim of that violence and will not be good cause for
terminating the tenancy or occupancy rights of the victim of
such violence''; and
(C) in paragraph (1)(B)(iii), by inserting after
``termination of tenancy'' the following: ``, except that: (I)
criminal activity directly relating to domestic violence,
dating violence, or stalking, engaged in by a member of a
tenant's household or any guest or other person under the
tenant's control, shall not be cause for termination of the
tenancy or occupancy rights or program assistance, if the
tenant or immediate member of the tenant's family is a victim
of that domestic violence, dating violence, or stalking; (II)
notwithstanding subclause (I), a public housing agency may
terminate assistance to any individual who is a tenant or
lawful occupant and who engages in criminal acts of physical
violence against family members or others, or an owner or
manager under this section may bifurcate a lease, in order to
evict, remove, or terminate assistance to any individual who is
a tenant or lawful occupant and who engages in criminal acts of
physical violence against family members or others, without
evicting, removing, terminating assistance to, or otherwise
penalizing the victim of such violence who is also a tenant or
lawful occupant; (III) nothing in subclause (I) may be
construed to limit the authority of a public housing agency,
owner, or manager, when notified, to honor court orders
addressing rights of access to or control of the property,
including civil protection orders issued to protect the victim
and issued to address the distribution or possession of
property among the household members in cases where a family
breaks up; (IV) nothing in subclause (I) limits any otherwise
available authority of an owner or manager to evict or the
public housing agency to terminate assistance to a tenant for
any violation of a lease not premised on the act or acts of
violence in question against the tenant or a member of the
tenant's household, provided that the owner, manager, or public
housing agency does not subject an individual who is or has
been a victim of domestic violence, dating violence, or
stalking to a more demanding standard than other tenants in
determining whether to evict or terminate; (V) nothing in
subclause (I) may be construed to limit the authority of an
owner or manager to evict, or the public housing agency to
terminate assistance, to any tenant if the owner, manager, or
public housing agency can demonstrate an actual and imminent
threat to other tenants or those employed at or providing
service to the property if that tenant is not evicted or
terminated from assistance; and (VI) nothing in this section
shall be construed to supersede any provision of any Federal,
State, or local law that provides greater protection than this
section for victims of domestic violence, dating violence, or
stalking.'';
(3) in subsection (f)--
(A) in paragraph (6), by striking ``and'';
(B) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(8) the term `domestic violence' has the same meaning given
the term in section 40002 of the Violence Against Women Act of
1994;
``(9) the term `dating violence' has the same meaning given the
term in section 40002 of the Violence Against Women Act of 1994;
and
``(10) the term `stalking' means--
``(A)(i) to follow, pursue, or repeatedly commit acts with
the intent to kill, injure, harass, or intimidate another
person; and
``(ii) to place under surveillance with the intent to kill,
injure, harass, or intimidate another person; and
``(B) in the course of, or as a result of, such following,
pursuit, surveillance, or repeatedly committed acts, to place a
person in reasonable fear of the death of, or serious bodily
injury to, or to cause substantial emotional harm to--
``(i) that person;
``(ii) a member of the immediate family of that person;
or
``(iii) the spouse or intimate partner of that person;
and
``(11) the term `immediate family member' means, with respect
to a person--
``(A) a spouse, parent, brother or sister, or child of that
person, or an individual to whom that person stands in loco
parentis; or
``(B) any other person living in the household of that
person and related to that person by blood and marriage.'';
(4) in subsection (o)--
(A) by inserting at the end of paragraph (6)(B) the
following new sentence: ``That an applicant or participant is
or has been a victim of domestic violence, dating violence, or
stalking is not an appropriate basis for denial of program
assistance by or for denial of admission if the applicant
otherwise qualifies for assistance for admission, and that
nothing in this section shall be construed to supersede any
provision of any Federal, State, or local law that provides
greater protection than this section for victims of domestic
violence, dating violence, or stalking.'';
(B) in paragraph (7)(C), by inserting after ``other good
cause'' the following: ``, and that an incident or incidents of
actual or threatened domestic violence, dating violence, or
stalking shall not be construed as a serious or repeated
violation of the lease by the victim or threatened victim of
that violence and shall not be good cause for terminating the
tenancy or occupancy rights of the victim of such violence'';
(C) in paragraph (7)(D), by inserting after ``termination
of tenancy'' the following: ``; except that (i) criminal
activity directly relating to domestic violence, dating
violence, or stalking, engaged in by a member of a tenant's
household or any guest or other person under the tenant's
control shall not be cause for termination of the tenancy or
occupancy rights, if the tenant or immediate member of the
tenant's family is a victim of that domestic violence, dating
violence, or stalking; (ii) notwithstanding clause (i), a
public housing agency may terminate assistance to any
individual who is a tenant or lawful occupant and who engages
in criminal acts of physical violence against family members or
others, or an owner or manager may bifurcate a lease under this
section, in order to evict, remove, or terminate assistance to
any individual who is a tenant or lawful occupant and who
engages in criminal acts of physical violence against family
members or others, without evicting, removing, terminating
assistance to, or otherwise penalizing the victim of such
violence who is also a tenant or lawful occupant; (iii) nothing
in clause (i) may be construed to limit the authority of a
public housing agency, owner, or manager, when notified, to
honor court orders addressing rights of access to control of
the property, including civil protection orders issued to
protect the victim and issued to address the distribution or
possession of property among the household members in cases
where a family breaks up; (iv) nothing in clause (i) limits any
otherwise available authority of an owner or manager to evict
or the public housing agency to terminate assistance to a
tenant for any violation of a lease not premised on the act or
acts of violence in question against the tenant or a member of
the tenant's household, provided that the owner, manager, or
public housing agency does not subject an individual who is or
has been a victim of domestic violence, dating violence, or
stalking to a more demanding standard than other tenants in
determining whether to evict or terminate; (v) nothing in
clause (i) may be construed to limit the authority of an owner
or manager to evict, or the public housing agency to terminate,
assistance to any tenant if the owner, manager, or public
housing agency can demonstrate an actual and imminent threat to
other tenants or those employed at or providing service to the
property if that tenant is not evicted or terminated from
assistance; and (vi) nothing in this section shall be construed
to supersede any provision of any Federal, State, or local law
that provides greater protection than this section for victims
of domestic violence, dating violence, or stalking.''; and
(D) by adding at the end the following new paragraph:
``(20) Prohibited basis for termination of assistance.--
``(A) In general.--A public housing agency may not terminate
assistance to a participant in the voucher program on the basis of
an incident or incidents of actual or threatened domestic violence,
dating violence, or stalking against that participant.
``(B) Construal of lease provisions.--Criminal activity
directly relating to domestic violence, dating violence, or
stalking shall not be considered a serious or repeated violation of
the lease by the victim or threatened victim of that criminal
activity justifying termination of assistance to the victim or
threatened victim.
``(C) Termination on the basis of criminal activity.--Criminal
activity directly relating to domestic violence, dating violence,
or stalking shall not be considered cause for termination of
assistance for any participant or immediate member of a
participant's family who is a victim of the domestic violence,
dating violence, or stalking.
``(D) Exceptions.--
``(i) Public housing authority right to terminate for
criminal acts.--Nothing in subparagraph (A), (B), or (C) may be
construed to limit the authority of the public housing agency
to terminate voucher assistance to individuals who engage in
criminal acts of physical violence against family members or
others.
``(ii) Compliance with court orders.--Nothing in
subparagraph (A), (B), or (C) may be construed to limit the
authority of a public housing agency, when notified, to honor
court orders addressing rights of access to or control of the
property, including civil protection orders issued to protect
the victim and issued to address the distribution possession of
property among the household members in cases where a family
breaks up.
``(iii) Public housing authority right to terminate voucher
assistance for lease violations.--Nothing in subparagraph (A),
(B), or (C) limit any otherwise available authority of the
public housing agency to terminate voucher assistance to a
tenant for any violation of a lease not premised on the act or
acts of violence in question against the tenant or a member of
the tenant's household, provided that the public housing agency
does not subject an individual who is or has been a victim of
domestic violence, dating violence, or stalking to a more
demanding standard than other tenants in determining whether to
terminate.
``(iv) Public housing authority right to terminate voucher
assistance for imminent threat.--Nothing in subparagraph (A),
(B), or (C) may be construed to limit the authority of the
public housing agency to terminate voucher assistance to a
tenant if the public housing agency can demonstrate an actual
and imminent threat to other tenants or those employed at or
providing service to the property or public housing agency if
that tenant is not evicted or terminated from assistance.
``(v) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, or
stalking.'';
(5) in subsection (r)(5), by inserting after ``violation of a
lease'' the following: ``, except that a family may receive a
voucher from a public housing agency and move to another
jurisdiction under the tenant-based assistance program if the
family has complied with all other obligations of the section 8
program and has moved out of the assisted dwelling unit in order to
protect the health or safety of an individual who is or has been
the victim of domestic violence, dating violence, or stalking and
who reasonably believed he or she was imminently threatened by harm
from further violence if he or she remained in the assisted
dwelling unit''; and
(6) by adding at the end the following new subsection:
``(ee) Certification and Confidentiality.--
``(1) Certification.--
``(A) In general.--An owner, manager, or public housing
agency responding to subsections (c)(9), (d)(1)(B)(ii),
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5) may
request that an individual certify via a HUD approved
certification form that the individual is a victim of domestic
violence, dating violence, or stalking, and that the incident
or incidents in question are bona fide incidents of such actual
or threatened abuse and meet the requirements set forth in the
aforementioned paragraphs. Such certification shall include the
name of the perpetrator. The individual shall provide such
certification within 14 business days after the owner, manager,
or public housing agency requests such certification.
``(B) Failure to provide certification.--If the individual
does not provide the certification within 14 business days
after the owner, manager, public housing agency, or assisted
housing provider has requested such certification in writing,
nothing in this subsection or in subsection (c)(9),
(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20),
or (r)(5) may be construed to limit the authority of an owner
or manager to evict, or the public housing agency or assisted
housing provider to terminate voucher assistance for, any
tenant or lawful occupant that commits violations of a lease.
The owner, manager, public housing agency, or assisted housing
provider may extend the 14-day deadline at their discretion.
``(C) Contents.--An individual may satisfy the
certification requirement of subparagraph (A) by--
``(i) providing the requesting owner, manager, or
public housing agency with documentation signed by an
employee, agent, or volunteer of a victim service provider,
an attorney, or a medical professional, from whom the
victim has sought assistance in addressing domestic
violence, dating violence, sexual assault, or stalking, or
the effects of the abuse, in which the professional attests
under penalty of perjury (28 U.S.C. 1746) to the
professional's belief that the incident or incidents in
question are bona fide incidents of abuse, and the victim
of domestic violence, dating violence, or stalking has
signed or attested to the documentation; or
``(ii) producing a Federal, State, tribal, territorial,
or local police or court record.
``(D) Limitation.--Nothing in this subsection shall be
construed to require an owner, manager, or public housing
agency to demand that an individual produce official
documentation or physical proof of the individual's status as a
victim of domestic violence, dating violence, sexual assault,
or stalking in order to receive any of the benefits provided in
this section. At their discretion, the owner, manager, or
public housing agency may provide benefits to an individual
based solely on the individual's statement or other
corroborating evidence.
``(E) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with this statute by an owner,
manager, public housing agency, or assisted housing provider
based on the certification specified in paragraphs (1)(A) and
(B) of this subsection or based solely on the victim's
statement or other corroborating evidence, as permitted by
paragraph (1)(C) of this subsection, shall not alone be
sufficient to constitute evidence of an unreasonable act or
omission by an owner, manger, public housing agency, or
assisted housing provider, or employee thereof. Nothing in this
subparagraph shall be construed to limit liability for failure
to comply with the requirements of subsection (c)(9),
(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20),
or (r)(5).
``(F) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, or stalking.
``(2) Confidentiality.--
``(A) In general.--All information provided to an owner,
manager, or public housing agency pursuant to paragraph (1),
including the fact that an individual is a victim of domestic
violence, dating violence, or stalking, shall be retained in
confidence by an owner, manager, or public housing agency, and
shall neither be entered into any shared database nor provided
to any related entity, except to the extent that disclosure
is--
``(i) requested or consented to by the individual in
writing;
``(ii) required for use in an eviction proceeding under
subsection (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C),
(o)(7)(D), or (o)(20),; or
``(iii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must provide
notice to tenants assisted under Section 8 of the United States
Housing Act of 1937 of their rights under this subsection and
subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C),
(o)(7)(D), (o)(20), and (r)(5), including their right to
confidentiality and the limits thereof, and to owners and
managers of their rights and obligations under this subsection
and subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5).''.
SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM.
Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amended--
(1) in subsection (c), by redesignating paragraph (3) and (4),
as paragraphs (4) and (5), respectively;
(2) by inserting after paragraph (2) the following:
``(3) the public housing agency shall not deny admission to the
project to any applicant on the basis that the applicant is or has
been a victim of domestic violence, dating violence, or stalking if
the applicant otherwise qualifies for assistance or admission, and
that nothing in this section shall be construed to supersede any
provision of any Federal, State, or local law that provides greater
protection than this section for victims of domestic violence,
dating violence, or stalking'';
(3) in subsection (l)(5), by inserting after ``other good
cause'' the following: ``, and that an incident or incidents of
actual or threatened domestic violence, dating violence, or
stalking will not be construed as a serious or repeated violation
of the lease by the victim or threatened victim of that violence
and will not be good cause for terminating the tenancy or occupancy
rights of the victim of such violence'';
(4) in subsection (l)(6), by inserting after ``termination of
tenancy'' the following: ``; except that: (A) criminal activity
directly relating to domestic violence, dating violence, or
stalking, engaged in by a member of a tenant's household or any
guest or other person under the tenant's control, shall not be
cause for termination of the tenancy or occupancy rights, if the
tenant or immediate member of the tenant's family is a victim of
that domestic violence, dating violence, or stalking; (B)
notwithstanding subparagraph (A), a public housing agency under
this section may bifurcate a lease under this section, in order to
evict, remove, or terminate assistance to any individual who is a
tenant or lawful occupant and who engages in criminal acts of
physical violence against family members or others, without
evicting, removing, terminating assistance to, or otherwise
penalizing the victim of such violence who is also a tenant or
lawful occupant; (C) nothing in subparagraph (A) may be construed
to limit the authority of a public housing agency, when notified,
to honor court orders addressing rights of access to or control of
the property, including civil protection orders issued to protect
the victim and issued to address the distribution or possession of
property among the household members in cases where a family breaks
up; (D) nothing in subparagraph (A) limits any otherwise available
authority of a public housing agency to evict a tenant for any
violation of a lease not premised on the act or acts of violence in
question against the tenant or a member of the tenant's household,
provided that the public housing agency does not subject an
individual who is or has been a victim of domestic violence, dating
violence, or stalking to a more demanding standard than other
tenants in determining whether to evict or terminate; (E) nothing
in subparagraph (A) may be construed to limit the authority of a
public housing agency to terminate the tenancy of any tenant if the
public housing agency can demonstrate an actual and imminent threat
to other tenants or those employed at or providing service to the
property if that tenant's tenancy is not terminated; and (F)
nothing in this section shall be construed to supersede any
provision of any Federal, State, or local law that provides greater
protection than this section for victims of domestic violence,
dating violence, or stalking.''; and
(5) by inserting at the end of subsection (t) the following new
subsection:
``(u) Certification and Confidentiality.--
``(1) Certification.--
``(A) In general.--A public housing agency responding to
subsection (l)(5) and (6) may request that an individual
certify via a HUD approved certification form that the
individual is a victim of domestic violence, dating violence,
or stalking, and that the incident or incidents in question are
bona fide incidents of such actual or threatened abuse and meet
the requirements set forth in the aforementioned paragraphs.
Such certification shall include the name of the perpetrator.
The individual shall provide such certification within 14
business days after the public housing agency requests such
certification.
``(B) Failure to provide certification.--If the individual
does not provide the certification within 14 business days
after the public housing agency has requested such
certification in writing, nothing in this subsection, or in
paragraph (5) or (6) of subsection (l), may be construed to
limit the authority of the public housing agency to evict any
tenant or lawful occupant that commits violations of a lease.
The public housing agency may extend the 14-day deadline at its
discretion.
``(C) Contents.--An individual may satisfy the
certification requirement of subparagraph (A) by--
``(i) providing the requesting public housing agency
with documentation signed by an employee, agent, or
volunteer of a victim service provider, an attorney, or a
medical professional, from whom the victim has sought
assistance in addressing domestic violence, dating
violence, or stalking, or the effects of the abuse, in
which the professional attests under penalty of perjury (28
U.S.C. 1746) to the professional's belief that the incident
or incidents in question are bona fide incidents of abuse,
and the victim of domestic violence, dating violence, or
stalking has signed or attested to the documentation; or
``(ii) producing a Federal, State, tribal, territorial,
or local police or court record.
``(D) Limitation.--Nothing in this subsection shall be
construed to require any public housing agency to demand that
an individual produce official documentation or physical proof
of the individual's status as a victim of domestic violence,
dating violence, or stalking in order to receive any of the
benefits provided in this section. At the public housing
agency's discretion, a public housing agency may provide
benefits to an individual based solely on the individual's
statement or other corroborating evidence.
``(E) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, or stalking.
``(F) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with this statute by a public
housing agency, or assisted housing provider based on the
certification specified in subparagraphs (A) and (B) of this
subsection or based solely on the victim's statement or other
corroborating evidence, as permitted by subparagraph (D) of
this subsection, shall not alone be sufficient to constitute
evidence of an unreasonable act or omission by a public housing
agency or employee thereof. Nothing in this subparagraph shall
be construed to limit liability for failure to comply with the
requirements of subsection (l)(5) and (6).
``(2) Confidentiality.--
``(A) In general.--All information provided to any public
housing agency pursuant to paragraph (1), including the fact
that an individual is a victim of domestic violence, dating
violence, or stalking, shall be retained in confidence by such
public housing agency, and shall neither be entered into any
shared database nor provided to any related entity, except to
the extent that disclosure is--
``(i) requested or consented to by the individual in
writing;
``(ii) required for use in an eviction proceeding under
subsection (l)(5) or (6); or
``(iii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must provide
notice to tenants assisted under section 6 of the United States
Housing Act of 1937 of their rights under this subsection and
subsection (l)(5) and (6), including their right to
confidentiality and the limits thereof.
``(3) Definitions.--For purposes of this subsection, subsection
(c)(3), and subsection (l)(5) and (6)--
``(A) the term `domestic violence' has the same meaning
given the term in section 40002 of the Violence Against Women
Act of 1994;
``(B) the term `dating violence' has the same meaning given
the term in section 40002 of the Violence Against Women Act of
1994;
``(C) the term `stalking' means--
``(i)(I) to follow, pursue, or repeatedly commit acts
with the intent to kill, injure, harass, or intimidate; or
``(II) to place under surveillance with the intent to
kill, injure, harass, or intimidate another person; and
``(ii) in the course of, or as a result of, such
following, pursuit, surveillance, or repeatedly committed
acts, to place a person in reasonable fear of the death of,
or serious bodily injury to, or to cause substantial
emotional harm to--
``(I) that person;
``(II) a member of the immediate family of that
person; or
``(III) the spouse or intimate partner of that
person; and
``(D) the term `immediate family member' means, with
respect to a person--
``(i) a spouse, parent, brother or sister, or child of
that person, or an individual to whom that person stands in
loco parentis; or
``(ii) any other person living in the household of that
person and related to that person by blood and marriage.''.
TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Subtitle N of the Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1902) is amended by adding at the end the following:
``Subtitle O--National Resource Center
``SEC. 41501. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES
TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
``(a) Authority.--The Attorney General, acting through the Director
of the Office on Violence Against Women, may award a grant to an
eligible nonprofit nongovernmental entity or tribal organization, in
order to provide for the establishment and operation of a national
resource center on workplace responses to assist victims of domestic
and sexual violence. The resource center shall provide information and
assistance to employers and labor organizations to aid in their efforts
to develop and implement responses to such violence.
``(b) Applications.--To be eligible to receive a grant under this
section, an entity or organization shall submit an application to the
Attorney General at such time, in such manner, and containing such
information as the Attorney General may require, including--
``(1) information that demonstrates that the entity or
organization has nationally recognized expertise in the area of
domestic or sexual violence;
``(2) a plan to maximize, to the extent practicable, outreach
to employers (including private companies and public entities such
as public institutions of higher education and State and local
governments) and labor organizations described in subsection (a)
concerning developing and implementing workplace responses to
assist victims of domestic or sexual violence; and
``(3) a plan for developing materials and training for
materials for employers that address the needs of employees in
cases of domestic violence, dating violence, sexual assault, and
stalking impacting the workplace, including the needs of
underserved communities.
``(c) Use of Grant Amount.--
``(1) In general.--An entity or organization that receives a
grant under this section may use the funds made available through
the grant for staff salaries, travel expenses, equipment, printing,
and other reasonable expenses necessary to develop, maintain, and
disseminate to employers and labor organizations described in
subsection (a), information and assistance concerning workplace
responses to assist victims of domestic or sexual violence.
``(2) Responses.--Responses referred to in paragraph (1) may
include--
``(A) providing training to promote a better understanding
of workplace assistance to victims of domestic or sexual
violence;
``(B) providing conferences and other educational
opportunities; and
``(C) developing protocols and model workplace policies.
``(d) Liability.--The compliance or noncompliance of any employer
or labor organization with any protocol or policy developed by an
entity or organization under this section shall not serve as a basis
for liability in tort, express or implied contract, or by any other
means. No protocol or policy developed by an entity or organization
under this section shall be referenced or enforced as a workplace
safety standard by any Federal, State, or other governmental agency.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2007 through 2011.
``(f) Availability of Grant Funds.--Funds appropriated under this
section shall remain available until expended.''.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
Subtitle A--Victims of Crime
SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS.
(a) Treatment of Spouse and Children of Victims of Trafficking.--
Section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security, or in the case of subclause (III)(aa) the Secretary
of Homeland Security and the Attorney General jointly;'';
(B) in subclause (III)(aa)--
(i) by inserting ``Federal, State, or local'' before
``investigation''; and
(ii) by striking ``, or'' and inserting ``or the
investigation of crime where acts of trafficking are at
least one central reason for the commission of that crime;
or''; and
(C) in subclause (IV), by striking ``and'' at the end;
(2) by amending clause (ii) to read as follows:
``(ii) if accompanying, or following to join, the alien
described in clause (i)--
``(I) in the case of an alien described in clause (i) who
is under 21 years of age, the spouse, children, unmarried
siblings under 18 years of age on the date on which such alien
applied for status under such clause, and parents of such
alien; or
``(II) in the case of an alien described in clause (i) who
is 21 years of age or older, the spouse and children of such
alien; and''; and
(3) by inserting after clause (ii) the following:
``(iii) if the Secretary of Homeland Security, in his or her
discretion and with the consultation of the Attorney General,
determines that a trafficking victim, due to psychological or
physical trauma, is unable to cooperate with a request for
assistance described in clause (i)(III)(aa), the request is
unreasonable.''.
(b) Treatment of Spouses and Children of Victims of Abuse.--Section
101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(2) by amending clause (ii) to read as follows:
``(ii) if accompanying, or following to join, the alien
described in clause (i)--
``(I) in the case of an alien described in clause (i) who
is under 21 years of age, the spouse, children, unmarried
siblings under 18 years of age on the date on which such alien
applied for status under such clause, and parents of such
alien; or
``(II) in the case of an alien described in clause (i) who
is 21 years of age or older, the spouse and children of such
alien; and''.
(c) Technical Amendments.--Section 101(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(i)) is amended--
(1) in paragraph (1), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security, the Attorney
General,''; and
(2) in paragraph (2), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING IN
PERSONS.
(a) In General.--Section 212(a)(9)(B)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at
the end the following:
``(V) Victims of a severe form of trafficking in persons.--
Clause (i) shall not apply to an alien who demonstrates that
the severe form of trafficking (as that term is defined in
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102)) was at least one central reason for the
alien's unlawful presence in the United States.''.
(b) Technical Amendment.--Paragraphs (13) and (14) of section
212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) are
amended by striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
SEC. 803. ADJUSTMENT OF STATUS.
(a) Victims of Trafficking.--Section 245(l) of the Immigration and
Nationality Act (8 U.S.C. 1255(l)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security, or in the case
of subparagraph (C)(i), the Attorney General,''; and
(B) in subparagraph (A), by inserting at the end ``or has
been physically present in the United States for a continuous
period during the investigation or prosecution of acts of
trafficking and that, in the opinion of the Attorney General,
the investigation or prosecution is complete, whichever period
of time is less;'';
(2) in paragraph (2), by striking ``Attorney General'' each
place it appears and inserting ``Secretary of Homeland Security'';
and
(3) in paragraph (5), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
(b) Victims of Crimes Against Women.--Section 245(m) of the
Immigration and Nationality Act (8 U.S.C. 12255(m)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General may adjust'' and
inserting ``Secretary of Homeland Security may adjust''; and
(B) in subparagraph (B), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security'';
(2) in paragraph (3)--
(A) by striking ``Attorney General may adjust'' and
inserting ``Secretary of Homeland Security may adjust''; and
(B) by striking ``Attorney General considers'' and
inserting ``Secretary considers''; and
(3) in paragraph (4), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Clarification of Department of Justice and Department of
Homeland Security Roles.--Section 107 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105) is amended--
(1) in subsections (b)(1)(E), (e)(5), and (g), by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(2) in subsection (c), by inserting ``, the Secretary of
Homeland Security'' after ``Attorney General''.
(b) Certification Process.--Section 107(b)(1)(E) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by inserting
``and the Secretary of Homeland Security'' after ``Attorney
General''; and
(B) in subclause (II)(bb), by inserting ``and the Secretary
of Homeland Security'' after ``Attorney General''.
(2) in clause (ii), by inserting ``Secretary of Homeland
Security'' after ``Attorney General'';
(3) in clause (iii)--
(A) in subclause (II), by striking ``and'' at the end;
(B) in subclause (III), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(IV) responding to and cooperating with requests
for evidence and information.''.
(c) Protection From Removal for Certain Crime Victims.--Section
107(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(e)) is amended by striking ``Attorney General'' each place it
occurs and inserting ``Secretary of Homeland Security''.
(d) Annual Report.--Section 107(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(g)) is amended by inserting ``or
the Secretary of Homeland Security'' after ``Attorney General''.
SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.
(a) Aging Out Children.--Section 204(a)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended--
(1) in clause (i)--
(A) in subclause (I), by inserting ``or section
204(a)(1)(B)(iii)'' after ``204(a)(1)(A)'' each place it
appears; and
(B) in subclause (III), by striking ``a petitioner for
preference status under paragraph (1), (2), or (3) of section
203(a), whichever paragraph is applicable,'' and inserting ``a
VAWA self-petitioner''; and
(2) by adding at the end the following:
``(iv) Any alien who benefits from this subparagraph may adjust
status in accordance with subsections (a) and (c) of section 245 as an
alien having an approved petition for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii).''.
(b) Application of CSPA Protections.--
(1) Immediate relative rules.--Section 201(f) of the
Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended by
adding at the end the following:
``(4) Application to self-petitions.--Paragraphs (1) through
(3) shall apply to self-petitioners and derivatives of self-
petitioners.''.
(2) Children rules.--Section 203(h) of the Immigration and
Nationality Act (8 U.S.C. 1153(h)) is amended by adding at the end
the following:
``(4) Application to self-petitions.--Paragraphs (1) through
(3) shall apply to self-petitioners and derivatives of self-
petitioners.''.
(c) Late Petition Permitted for Immigrant Sons and Daughters
Battered as Children.--
(1) In general.--Section 204(a)(1)(D) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by subsection
(a), is further amended by adding at the end the following:
``(v) For purposes of this paragraph, an individual who is not less
than 21 years of age, who qualified to file a petition under
subparagraph (A)(iv) as of the day before the date on which the
individual attained 21 years of age, and who did not file such a
petition before such day, shall be treated as having filed a petition
under such subparagraph as of such day if a petition is filed for the
status described in such subparagraph before the individual attains 25
years of age and the individual shows that the abuse was at least one
central reason for the filing delay. Clauses (i) through (iv) of this
subparagraph shall apply to an individual described in this clause in
the same manner as an individual filing a petition under subparagraph
(A)(iv).''.
(d) Removing a 2-Year Custody and Residency Requirement for
Battered Adopted Children.--Section 101(b)(1)(E)(i) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting
before the colon the following: ``or if the child has been battered or
subject to extreme cruelty by the adopting parent or by a family member
of the adopting parent residing in the same household''.
Subtitle B--VAWA Self-Petitioners
SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(51) The term `VAWA self-petitioner' means an alien, or a
child of the alien, who qualifies for relief under--
``(A) clause (iii), (iv), or (vii) of section 204(a)(1)(A);
``(B) clause (ii) or (iii) of section 204(a)(1)(B);
``(C) section 216(c)(4)(C);
``(D) the first section of Public Law 89-732 (8 U.S.C. 1255
note) (commonly known as the Cuban Adjustment Act) as a child
or spouse who has been battered or subjected to extreme
cruelty;
``(E) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);
``(F) section 202(d)(1) of the Nicaraguan Adjustment and
Central American Relief Act; or
``(G) section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law
104-208).''.
SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE.
Section 240B(d) of the Immigration and Nationality Act (8 U.S.C.
1229c(d)) is amended to read as follows:
``(d) Civil Penalty for Failure To Depart.--
``(1) In general.--Subject to paragraph (2), if an alien is
permitted to depart voluntarily under this section and voluntarily
fails to depart the United States within the time period specified,
the alien--
``(A) shall be subject to a civil penalty of not less than
$1,000 and not more than $5,000; and
``(B) shall be ineligible, for a period of 10 years, to
receive any further relief under this section and sections
240A, 245, 248, and 249.
``(2) Application of vawa protections.--The restrictions on
relief under paragraph (1) shall not apply to relief under section
240A or 245 on the basis of a petition filed by a VAWA self-
petitioner, or a petition filed under section 240A(b)(2), or under
section 244(a)(3) (as in effect prior to March 31, 1997), if the
extreme cruelty or battery was at least one central reason for the
alien's overstaying the grant of voluntary departure.
``(3) Notice of penalties.--The order permitting an alien to
depart voluntarily shall inform the alien of the penalties under
this subsection.''.
SEC. 813. REMOVAL PROCEEDINGS.
(a) Exceptional Circumstances.--
(1) In general.--Section 240(e)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking
``serious illness of the alien'' and inserting ``battery or extreme
cruelty to the alien or any child or parent of the alien, serious
illness of the alien,''.
(2) Effective date.--The amendment made by paragraph (1) shall
apply to a failure to appear that occurs before, on, or after the
date of the enactment of this Act.
(b) Discretion to Consent to an Alien's Reapplication for
Admission.--
(1) In general.--The Secretary of Homeland Security, the
Attorney General, and the Secretary of State shall continue to have
discretion to consent to an alien's reapplication for admission
after a previous order of removal, deportation, or exclusion.
(2) Sense of congress.--It is the sense of Congress that the
officials described in paragraph (1) should particularly consider
exercising this authority in cases under the Violence Against Women
Act of 1994, cases involving nonimmigrants described in
subparagraph (T) or (U) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)), and relief under
section 240A(b)(2) or 244(a)(3) of such Act (as in effect on March
31, 1997) pursuant to regulations under section 212.2 of title 8,
Code of Federal Regulations.
(c) Clarifying Application of Domestic Violence Waiver Authority in
Cancellation of Removal.--
(1) In general.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)) is amended--
(A) in paragraph (1)(C), by striking ``(except in a case
described in section 237(a)(7) where the Attorney General
exercises discretion to grant a waiver)'' and inserting ``,
subject to paragraph (5)'';
(B) in paragraph (2)(A)(iv), by striking ``(except in a
case described in section 237(a)(7) where the Attorney General
exercises discretion to grant a waiver)'' and inserting ``,
subject to paragraph (5)''; and
(C) by adding at the end the following:
``(5) Application of domestic violence waiver authority.--The
authority provided under section 237(a)(7) may apply under
paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of
removal and adjustment of status proceeding.''.
SEC. 814. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS AND LIMITATION
ON PETITIONING FOR ABUSERS.
(a) Application of VAWA Deportation Protections to Aliens Eligible
for Relief Under Cuban Adjustment and Haitian Refugee Immigration
Fairness Act.--Section 1506(c)(2) of the Violence Against Women Act of
2000 (8 U.S.C. 1229a note; division B of Public Law 106-386) is
amended--
(1) in subparagraph (A)--
(A) by amending clause (i) to read as follows:
``(i) if the basis of the motion is to apply for relief
under--
``(I) clause (iii) or (iv) of section 204(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A));
``(II) clause (ii) or (iii) of section 204(a)(1)(B)
of such Act (8 U.S.C. 1154(a)(1)(B));
``(III) section 244(a)(3) of such Act (8 U.S.C. 8
U.S.C. 1254(a)(3));
``(IV) the first section of Public Law 89-732 (8
U.S.C. 1255 note) (commonly known as the Cuban
Adjustment Act) as a child or spouse who has been
battered or subjected to extreme cruelty; or
``(V) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);
and''; and
(B) in clause (ii), by inserting ``or adjustment of
status'' after ``suspension of deportation''; and
(2) in subparagraph (B)(ii), by striking ``for relief'' and all
that follows through ``1101 note))'' and inserting ``for relief
described in subparagraph (A)(i)''.
(b) Employment Authorization for VAWA Self-Petitioners.--Section
204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1))
is amended by adding at the end the following:
``(K) Upon the approval of a petition as a VAWA self-petitioner,
the alien--
``(i) is eligible for work authorization; and
``(ii) may be provided an `employment authorized' endorsement
or appropriate work permit incidental to such approval.''.
(c) Employment Authorization for Battered Spouses of Certain
Nonimmigrants.--Title I of the Immigration and Nationality Act is
amended by adding at the end the following new section:
``SEC. 106. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN
NONIMMIGRANTS.
``(a) In General.--In the case of an alien spouse admitted under
subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15) who is
accompanying or following to join a principal alien admitted under
subparagraph (A), (E)(iii), (G), or (H) of such section, respectively,
the Secretary of Homeland Security may authorize the alien spouse to
engage in employment in the United States and provide the spouse with
an `employment authorized' endorsement or other appropriate work permit
if the alien spouse demonstrates that during the marriage the alien
spouse or a child of the alien spouse has been battered or has been the
subject of extreme cruelty perpetrated by the spouse of the alien
spouse. Requests for relief under this section shall be handled under
the procedures that apply to aliens seeking relief under section
204(a)(1)(A)(iii).
``(b) Construction.--The grant of employment authorization pursuant
to this section shall not confer upon the alien any other form of
relief.''.
(d) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 105 the
following new item:
``Sec. 106. Employment authorization for battered spouses of certain
nonimmigrants.''.
(e) Limitation on Petitioning for Abuser.--Section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by
adding at the end the following new subparagraph:
``(L) Notwithstanding the previous provisions of this
paragraph, an individual who was a VAWA petitioner or who had
the status of a nonimmigrant under subparagraph (T) or (U) of
section 101(a)(15) may not file a petition for classification
under this section or section 214 to classify any person who
committed the battery or extreme cruelty or trafficking against
the individual (or the individual's child) which established
the individual's (or individual's child) eligibility as a VAWA
petitioner or for such nonimmigrant status.''.
SEC. 815. APPLICATION FOR VAWA-RELATED RELIEF.
(a) In General.--Section 202(d)(1) of the Nicaraguan Adjustment and
Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100) is
amended--
(1) in subparagraph (B)(ii), by inserting ``, or was eligible
for adjustment,'' after ``whose status is adjusted''; and
(2) in subparagraph (E), by inserting ``, or, in the case of an
alien who qualifies under subparagraph (B)(ii), applies for such
adjustment during the 18-month period beginning on the date of
enactment of the Violence Against Women and Department of Justice
Reauthorization Act of 2005'' after ``April 1, 2000''.
(b) Technical Amendment.--Section 202(d)(3) of such Act (8 U.S.C.
1255 note; Public Law 105-100) is amended by striking ``204(a)(1)(H)''
and inserting ``204(a)(1)(J)''.
(c) Effective Date.--The amendment made by subsection (b) shall
take effect as if included in the enactment of the Violence Against
Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491).
SEC. 816. SELF-PETITIONING PARENTS.
Section 204(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:
``(vii) An alien may file a petition with the Secretary of Homeland
Security under this subparagraph for classification of the alien under
section 201(b)(2)(A)(i) if the alien--
``(I) is the parent of a citizen of the United States or was a
parent of a citizen of the United States who, within the past 2
years, lost or renounced citizenship status related to an incident
of domestic violence or died;
``(II) is a person of good moral character;
``(III) is eligible to be classified as an immediate relative
under section 201(b)(2)(A)(i);
``(IV) resides, or has resided, with the citizen daughter or
son; and
``(V) demonstrates that the alien has been battered or subject
to extreme cruelty by the citizen daughter or son.''.
SEC. 817. VAWA CONFIDENTIALITY NONDISCLOSURE.
Section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``(including any bureau or agency of such Department)'' and
inserting ``, the Secretary of Homeland Security, the Secretary
of State, or any other official or employee of the Department
of Homeland Security or Department of State (including any
bureau or agency of either of such Departments)''; and
(B) in paragraph (1)--
(i) in subparagraph (D), by striking ``or'' at the end;
and
(ii) by inserting after subparagraph (E) the following:
``(F) in the case of an alien applying for status under
section 101(a)(15)(T) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(T)), under section 107(b)(1)(E)(i)(II)(bb)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105), under section 244(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1254a(a)(3)), as in effect prior to
March 31, 1999, or as a VAWA self-petitioner (as defined in
section 101(a)(51) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(51)), the trafficker or perpetrator,'';
(2) in subsection (b), by adding at the end the following new
paragraphs:
``(6) Subsection (a) may not be construed to prevent the
Attorney General and the Secretary of Homeland Security from
disclosing to the chairmen and ranking members of the Committee on
the Judiciary of the Senate or the Committee on the Judiciary of
the House of Representatives, for the exercise of congressional
oversight authority, information on closed cases under this section
in a manner that protects the confidentiality of such information
and that omits personally identifying information (including
locational information about individuals).
``(7) Government entities adjudicating applications for relief
under subsection (a)(2), and government personnel carrying out
mandated duties under section 101(i)(1) of the Immigration and
Nationality Act, may, with the prior written consent of the alien
involved, communicate with nonprofit, nongovernmental victims'
service providers for the sole purpose of assisting victims in
obtaining victim services from programs with expertise working with
immigrant victims. Agencies receiving referrals are bound by the
provisions of this section. Nothing in this paragraph shall be
construed as affecting the ability of an applicant to designate a
safe organization through whom governmental agencies may
communicate with the applicant.'';
(3) in subsection (c), by inserting ``or who knowingly makes a
false certification under section 239(e) of the Immigration and
Nationality Act'' after ``in violation of this section''; and
(4) by adding at the end the following new subsection:
``(d) Guidance.--The Attorney General and the Secretary of Homeland
Security shall provide guidance to officers and employees of the
Department of Justice or the Department of Homeland Security who have
access to information covered by this section regarding the provisions
of this section, including the provisions to protect victims of
domestic violence from harm that could result from the inappropriate
disclosure of covered information.''.
Subtitle C--Miscellaneous Amendments
SEC. 821. DURATION OF T AND U VISAS.
(a) T Visas.--Section 214(o) of the Immigration and Nationality Act
(8 U.S.C. 1184(o)) is amended by adding at the end the following:
``(7)(A) Except as provided in subparagraph (B), an alien who is
issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(T) may be granted such status for a period of not more than
4 years.
``(B) An alien who is issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(T) may extend the period
of such status beyond the period described in subparagraph (A) if a
Federal, State, or local law enforcement official, prosecutor, judge,
or other authority investigating or prosecuting activity relating to
human trafficking or certifies that the presence of the alien in the
United States is necessary to assist in the investigation or
prosecution of such activity.''.
(b) U Visas.--Section 214(p) of the Immigration and Nationality Act
(8 U.S.C. 1184(p)) is amended by adding at the end the following:
``(6) Duration of status.--The authorized period of status of
an alien as a nonimmigrant under section 101(a)(15)(U) shall be for
a period of not more than 4 years, but shall be extended upon
certification from a Federal, State, or local law enforcement
official, prosecutor, judge, or other Federal, State, or local
authority investigating or prosecuting criminal activity described
in section 101(a)(15)(U)(iii) that the alien's presence in the
United States is required to assist in the investigation or
prosecution of such criminal activity.''.
(c) Permitting Change of Nonimmigrant Status to T and U
Nonimmigrant Status.--
(1) In general.--Section 248 of the Immigration and Nationality
Act (8 U.S.C. 1258) is amended--
(A) by striking ``The Attorney General'' and inserting
``(a) The Secretary of Homeland Security'';
(B) by inserting ``(subject to subsection (b))'' after
``except''; and
(C) by adding at the end the following:
``(b) The exceptions specified in paragraphs (1) through (4) of
subsection (a) shall not apply to a change of nonimmigrant
classification to that of a nonimmigrant under subparagraph (T) or (U)
of section 101(a)(15).''.
(2) Conforming amendment.--Section 214(l)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended
by striking ``248(2)'' and inserting ``248(a)(2)''.
SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN APPLICATION OF SPECIAL
PHYSICAL PRESENCE AND GOOD MORAL CHARACTER RULES.
(a) Physical Presence Rules.--Section 240A(b)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is amended--
(1) in the first sentence, by striking ``(A)(i)(II)'' and
inserting ``(A)(ii)''; and
(2) in the fourth sentence, by striking ``subsection (b)(2)(B)
of this section'' and inserting ``this subparagraph, subparagraph
(A)(ii),''.
(b) Moral Character Rules.--Section 240A(b)(2)(C) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(C)) is amended by
striking ``(A)(i)(III)'' and inserting ``(A)(iii)''.
(c) Correction of Cross-Reference Error in Applying Good Moral
Character.--
(1) In general.--Section 101(f)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking
``(9)(A)'' and inserting ``(10)(A)''.
(2) Effective date.--The amendment made by paragraph (1) shall
be effective as if included in section 603(a)(1) of the Immigration
Act of 1990 (Public Law 101-649; 104 Stat. 5082).
SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER CUBAN
ADJUSTMENT.
(a) In General.--The first section of Public Law 89-732 (8 U.S.C.
1255 note) (commonly known as the Cuban Adjustment Act) is amended--
(1) in the last sentence, by striking ``204(a)(1)(H)'' and
inserting ``204(a)(1)(J)''; and
(2) by adding at the end the following: ``An alien who was the
spouse of any Cuban alien described in this section and has resided
with such spouse shall continue to be treated as such a spouse for
2 years after the date on which the Cuban alien dies (or, if later,
2 years after the date of enactment of Violence Against Women and
Department of Justice Reauthorization Act of 2005), or for 2 years
after the date of termination of the marriage (or, if later, 2
years after the date of enactment of Violence Against Women and
Department of Justice Reauthorization Act of 2005) if there is
demonstrated a connection between the termination of the marriage
and the battering or extreme cruelty by the Cuban alien.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
take effect as if included in the enactment of the Violence Against
Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491).
SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.
(a) In General.--Section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is amended--
(1) in clause (i), by striking ``whose status is adjusted to
that of an alien lawfully admitted for permanent residence'' and
inserting ``who is or was eligible for classification'';
(2) in clause (ii), by striking ``whose status is adjusted to
that of an alien lawfully admitted for permanent residence'' and
inserting ``who is or was eligible for classification''; and
(3) in clause (iii), by striking ``204(a)(1)(H)'' and inserting
``204(a)(1)(J)''.
(b) Effective Date.--The amendment made by subsection (a)(3) shall
take effect as if included in the enactment of the Violence Against
Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491).
SEC. 825. MOTIONS TO REOPEN.
(a) Removal Proceedings.--Section 240(c)(7) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(7)), as redesignated by section
101(d)(1) of the REAL ID Act of 2005 (division B of Public Law 109-13),
is amended--
(1) in subparagraph (A), by inserting ``, except that this
limitation shall not apply so as to prevent the filing of one
motion to reopen described in subparagraph (C)(iv)'' before the
period at the end; and
(2) in subparagraph (C)--
(A) in the heading of clause (iv), by striking ``Spouses
and children'' and inserting ``Spouses, children, and
parents'';
(B) in the matter before subclause (I) of clause (iv), by
striking ``The deadline specified in subsection (b)(5)(C) for
filing a motion to reopen does not apply'' and inserting ``Any
limitation under this section on the deadlines for filing such
motions shall not apply'';
(C) in clause (iv)(I), by striking ``or section 240A(b)''
and inserting ``, section 240A(b), or section 244(a)(3) (as in
effect on March 31, 1997)'';
(D) by striking ``and'' at the end of clause (iv)(II);
(E) by striking the period at the end of clause (iv)(III)
and inserting ``; and''; and
(F) by adding at the end the following:
``(IV) if the alien is physically present in the
United States at the time of filing the motion.
The filing of a motion to reopen under this clause shall only
stay the removal of a qualified alien (as defined in section
431(c)(1)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B))
pending the final disposition of the motion, including
exhaustion of all appeals if the motion establishes that the
alien is a qualified alien.''.
(b) Deportation and Exclusion Proceedings.--Section 1506(c)(2) of
the Violence Against Women Act of 2000 (8 U.S.C. 1229a note) is
amended--
(1) by striking subparagraph (A) and inserting the following:
``(A)(i) In general.--Notwithstanding any limitation
imposed by law on motions to reopen or rescind deportation
proceedings under the Immigration and Nationality Act (as in
effect before the title III-A effective date in section 309 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1101 note))--
``(I) there is no time limit on the filing of a motion
to reopen such proceedings, and the deadline specified in
section 242B(c)(3) of the Immigration and Nationality Act
(as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply--
``(aa) if the basis of the motion is to apply for
relief under clause (iii) or (iv) of section
204(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section
204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or
section 244(a)(3) of such Act (as so in effect) (8
U.S.C. 1254(a)(3)); and
``(bb) if the motion is accompanied by a suspension
of deportation application to be filed with the
Secretary of Homeland Security or by a copy of the
self-petition that will be filed with the Department of
Homeland Security upon the granting of the motion to
reopen; and
``(II) any such limitation shall not apply so as to
prevent the filing of one motion to reopen described in
section 240(c)(7)(C)(iv) of the Immigration and Nationality
Act (8 U.S.C. 1229a(c)(7)).
``(ii) Prima facie case.--The filing of a motion to reopen
under this subparagraph shall only stay the removal of a
qualified alien (as defined in section 431(c)(1)(B) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(c)(1)(B)) pending the final disposition
of the motion, including exhaustion of all appeals if the
motion establishes that the alien is a qualified alien.'';
(2) in subparagraph (B), in the matter preceding clause (i), by
inserting ``who are physically present in the United States and''
after ``filed by aliens''; and
(3) in subparagraph (B)(i), by inserting ``or exclusion'' after
``deportation''.
(c) Certification of Compliance in Removal Proceedings.--
(1) In general.--Section 239 of the Immigration and Nationality
Act (8 U.S.C. 1229) is amended by adding at the end the following
new subsection:
``(e) Certification of Compliance With Restrictions on
Disclosure.--
``(1) In general.--In cases where an enforcement action leading
to a removal proceeding was taken against an alien at any of the
locations specified in paragraph (2), the Notice to Appear shall
include a statement that the provisions of section 384 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367) have been complied with.
``(2) Locations.--The locations specified in this paragraph are
as follows:
``(A) At a domestic violence shelter, a rape crisis center,
supervised visitation center, family justice center, a victim
services, or victim services provider, or a community-based
organization.
``(B) At a courthouse (or in connection with that
appearance of the alien at a courthouse) if the alien is
appearing in connection with a protection order case, child
custody case, or other civil or criminal case relating to
domestic violence, sexual assault, trafficking, or stalking in
which the alien has been battered or subject to extreme cruelty
or if the alien is described in subparagraph (T) or (V) of
section 101(a)(15).''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on the date that is 30 days after the date of the
enactment of this Act and shall apply to apprehensions occurring on
or after such date.
SEC. 826. PROTECTING ABUSED JUVENILES.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357),
as amended by section 726, is further amended by adding at the end the
following new clause:
``(i) An alien described in section 101(a)(27)(J) of the
Immigration and Nationality Act who has been battered, abused,
neglected, or abandoned, shall not be compelled to contact the alleged
abuser (or family member of the alleged abuser) at any stage of
applying for special immigrant juvenile status, including after a
request for the consent of the Secretary of Homeland Security under
section 101(a)(27)(J)(iii)(I) of such Act.''.
SEC. 827. PROTECTION OF DOMESTIC VIOLENCE AND CRIME VICTIMS FROM
CERTAIN DISCLOSURES OF INFORMATION.
In developing regulations or guidance with regard to identification
documents, including driver's licenses, the Secretary of Homeland
Security, in consultation with the Administrator of Social Security,
shall consider and address the needs of victims, including victims of
battery, extreme cruelty, domestic violence, dating violence, sexual
assault, stalking or trafficking, who are entitled to enroll in State
address confidentiality programs, whose addresses are entitled to be
suppressed under State or Federal law or suppressed by a court order,
or who are protected from disclosure of information pursuant to section
384 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1367).
SEC. 828. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Attorney General, the Secretary of Homeland Security, and the
Secretary of State shall promulgate regulations to implement the
provisions contained in the Battered Immigrant Women Protection Act of
2000 (title V of Public Law 106-386), this Act, and the amendments made
by this Act.
Subtitle D--International Marriage Broker Regulation
SEC. 831. SHORT TITLE.
This subtitle may be cited as the ``International Marriage Broker
Regulation Act of 2005''.
SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.
(a) Information on Certain Convictions and Limitation on Petitions
for K Nonimmigrant Petitioners.--
(1) 214(d) amendment.--Section 214(d) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)) is amended--
(A) by striking ``(d)'' and inserting ``(d)(1)'';
(B) by inserting after the second sentence ``Such
information shall include information on any criminal
convictions of the petitioner for any specified crime.'';
(C) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears; and
(D) by adding at the end the following:
``(2)(A) Subject to subparagraphs (B) and (C), a consular officer
may not approve a petition under paragraph (1) unless the officer has
verified that--
``(i) the petitioner has not, previous to the pending petition,
petitioned under paragraph (1) with respect to two or more applying
aliens; and
``(ii) if the petitioner has had such a petition previously
approved, 2 years have elapsed since the filing of such previously
approved petition.
``(B) The Secretary of Homeland Security may, in the Secretary's
discretion, waive the limitations in subparagraph (A) if justification
exists for such a waiver. Except in extraordinary circumstances and
subject to subparagraph (C), such a waiver shall not be granted if the
petitioner has a record of violent criminal offenses against a person
or persons.
``(C)(i) The Secretary of Homeland Security is not limited by the
criminal court record and shall grant a waiver of the condition
described in the second sentence of subparagraph (B) in the case of a
petitioner described in clause (ii).
``(ii) A petitioner described in this clause is a petitioner who
has been battered or subjected to extreme cruelty and who is or was not
the primary perpetrator of violence in the relationship upon a
determination that--
``(I) the petitioner was acting in self-defense;
``(II) the petitioner was found to have violated a protection
order intended to protect the petitioner; or
``(III) the petitioner committed, was arrested for, was
convicted of, or pled guilty to committing a crime that did not
result in serious bodily injury and where there was a connection
between the crime and the petitioner's having been battered or
subjected to extreme cruelty.
``(iii) In acting on applications under this subparagraph, the
Secretary of Homeland Security shall consider any credible evidence
relevant to the application. The determination of what evidence is
credible and the weight to be given that evidence shall be within the
sole discretion of the Secretary.
``(3) In this subsection:
``(A) The terms `domestic violence', `sexual assault', `child
abuse and neglect', `dating violence', `elder abuse', and
`stalking' have the meaning given such terms in section 3 of the
Violence Against Women and Department of Justice Reauthorization
Act of 2005.
``(B) The term `specified crime' means the following:
``(i) Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
``(ii) Homicide, murder, manslaughter, rape, abusive sexual
contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false
imprisonment, or an attempt to commit any of the crimes
described in this clause.
``(iii) At least three convictions for crimes relating to a
controlled substance or alcohol not arising from a single
act.''.
(2) 214(r) amendment.--Section 214(r) of such Act (8 U.S.C.
1184(r)) is amended--
(A) in paragraph (1), by inserting after the second
sentence ``Such information shall include information on any
criminal convictions of the petitioner for any specified
crime.''; and
(B) by adding at the end the following:
``(4)(A) The Secretary of Homeland Security shall create a database
for the purpose of tracking multiple visa petitions filed for
fiance(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K). Upon approval of a second visa petition under section
101(a)(15)(K) for a fiance(e) or spouse filed by the same United States
citizen petitioner, the petitioner shall be notified by the Secretary
that information concerning the petitioner has been entered into the
multiple visa petition tracking database. All subsequent fiance(e) or
spouse nonimmigrant visa petitions filed by that petitioner under such
section shall be entered in the database.
``(B)(i) Once a petitioner has had two fiance(e) or spousal
petitions approved under clause (i) or (ii) of section 101(a)(15)(K),
if a subsequent petition is filed under such section less than 10 years
after the date the first visa petition was filed under such section,
the Secretary of Homeland Security shall notify both the petitioner and
beneficiary of any such subsequent petition about the number of
previously approved fiance(e) or spousal petitions listed in the
database.
``(ii) A copy of the information and resources pamphlet on domestic
violence developed under section 833(a) of the International Marriage
Broker Regulation Act of 2005 shall be mailed to the beneficiary along
with the notification required in clause (i).
``(5) In this subsection:
``(A) The terms `domestic violence', `sexual assault', `child
abuse and neglect', `dating violence', `elder abuse', and
`stalking' have the meaning given such terms in section 3 of the
Violence Against Women and Department of Justice Reauthorization
Act of 2005.
``(B) The term `specified crime' means the following:
``(i) Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
``(ii) Homicide, murder, manslaughter, rape, abusive sexual
contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false
imprisonment, or an attempt to commit any of the crimes
described in this clause.
``(iii) At least three convictions for crimes relating to a
controlled substance or alcohol not arising from a single
act.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 60 days after the date of the
enactment of this Act.
(b) Limitation on Use of Certain Information.--The fact that an
alien described in clause (i) or (ii) of section 101(a)(15)(K) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is aware of
any information disclosed under the amendments made by this section or
under section 833 shall not be used to deny the alien eligibility for
relief under any other provision of law.
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS
AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Information for K Nonimmigrants on Legal Rights and Resources
for Immigrant Victims of Domestic Violence.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of State,
shall develop an information pamphlet, as described in paragraph
(2), on legal rights and resources for immigrant victims of
domestic violence and distribute and make such pamphlet available
as described in paragraph (5). In preparing such materials, the
Secretary of Homeland Security shall consult with nongovernmental
organizations with expertise on the legal rights of immigrant
victims of battery, extreme cruelty, sexual assault, and other
crimes.
(2) Information pamphlet.--The information pamphlet developed
under paragraph (1) shall include information on the following:
(A) The K nonimmigrant visa application process and the
marriage-based immigration process, including conditional
residence and adjustment of status.
(B) The illegality of domestic violence, sexual assault,
and child abuse in the United States and the dynamics of
domestic violence.
(C) Domestic violence and sexual assault services in the
United States, including the National Domestic Violence Hotline
and the National Sexual Assault Hotline.
(D) The legal rights of immigrant victims of abuse and
other crimes in immigration, criminal justice, family law, and
other matters, including access to protection orders.
(E) The obligations of parents to provide child support for
children.
(F) Marriage fraud under United States immigration laws and
the penalties for committing such fraud.
(G) A warning concerning the potential use of K
nonimmigrant visas by United States citizens who have a history
of committing domestic violence, sexual assault, child abuse,
or other crimes and an explanation that such acts may not have
resulted in a criminal record for such a citizen.
(H) Notification of the requirement under subsection
(d)(3)(A) that international marriage brokers provide foreign
national clients with background information gathered on United
States clients from searches of Federal and State sex offender
public registries and collected from United States clients
regarding their marital history and domestic violence or other
violent criminal history, but that such information may not be
complete or accurate because the United States client may not
have a criminal record or may not have truthfully reported
their marital or criminal record.
(3) Summaries.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of State,
shall develop summaries of the pamphlet developed under paragraph
(1) that shall be used by Federal officials when reviewing the
pamphlet in interviews under subsection (b).
(4) Translation.--
(A) In general.--In order to best serve the language groups
having the greatest concentration of K nonimmigrant visa
applicants, the information pamphlet developed under paragraph
(1) shall, subject to subparagraph (B), be translated by the
Secretary of State into foreign languages, including Russian,
Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean,
Polish, Japanese, French, Arabic, Portuguese, Hindi, and such
other languages as the Secretary of State, in the Secretary's
discretion, may specify.
(B) Revision.--Every 2 years, the Secretary of Homeland
Security, in consultation with the Attorney General and the
Secretary of State, shall determine at least 14 specific
languages into which the information pamphlet is translated
based on the languages spoken by the greatest concentrations of
K nonimmigrant visa applicants.
(5) Availability and distribution.--The information pamphlet
developed under paragraph (1) shall be made available and
distributed as follows:
(A) Mailings to k nonimmigrant visa applicants.--
(i) The pamphlet shall be mailed by the Secretary of
State to each applicant for a K nonimmigrant visa at the
same time that the instruction packet regarding the visa
application process is mailed to such applicant. The
pamphlet so mailed shall be in the primary language of the
applicant or in English if no translation into the
applicant's primary language is available.
(ii) The Secretary of Homeland Security shall provide
to the Secretary of State, for inclusion in the mailing
under clause (i), a copy of the petition submitted by the
petitioner for such applicant under subsection (d) or (r)
of section 214 of such Act (8 U.S.C. 1184).
(iii) The Secretary of Homeland Security shall provide
to the Secretary of State any criminal background
information the Secretary of Homeland Security possesses
with respect to a petitioner under subsection (d) or (r) of
section 214 of such Act (8 U.S.C. 1184). The Secretary of
State, in turn, shall share any such criminal background
information that is in government records or databases with
the K nonimmigrant visa applicant who is the beneficiary of
the petition. The visa applicant shall be informed that
such criminal background information is based on available
records and may not be complete. The Secretary of State
also shall provide for the disclosure of such criminal
background information to the visa applicant at the
consular interview in the primary language of the visa
applicant. Nothing in this clause shall be construed to
authorize the Secretary of Homeland Security to conduct any
new or additional criminal background check that is not
otherwise conducted in the course of adjudicating such
petitions.
(B) Consular access.--The pamphlet developed under
paragraph (1) shall be made available to the public at all
consular posts. The summaries described in paragraph (3) shall
be made available to foreign service officers at all consular
posts.
(C) Posting on federal websites.--The pamphlet developed
under paragraph (1) shall be posted on the websites of the
Department of State and the Department of Homeland Security, as
well as on the websites of all consular posts processing
applications for K nonimmigrant visas.
(D) International marriage brokers and victim advocacy
organizations.--The pamphlet developed under paragraph (1)
shall be made available to any international marriage broker,
government agency, or nongovernmental advocacy organization.
(6) Deadline for pamphlet development and distribution.--The
pamphlet developed under paragraph (1) shall be distributed and
made available (including in the languages specified under
paragraph (4)) not later than 120 days after the date of the
enactment of this Act.
(b) Visa and Adjustment Interviews.--
(1) Fiance(e)s, spouses and their derivatives.--During an
interview with an applicant for a K nonimmigrant visa, a consular
officers shall--
(A) provide information, in the primary language of the
visa applicant, on protection orders or criminal convictions
collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under
subsection (a)(1) in English or another appropriate language
and provide an oral summary, in the primary language of the
visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the
applicant, whether an international marriage broker has
facilitated the relationship between the applicant and the
United States petitioner, and, if so, obtain the identity of
the international marriage broker from the applicant and
confirm that the international marriage broker provided to the
applicant the information and materials required under
subsection (d)(3)(A)(iii).
(2) Family-based applicants.--The pamphlet developed under
subsection (a)(1) shall be distributed directly to applicants for
family-based immigration petitions at all consular and adjustment
interviews for such visas. The Department of State or Department of
Homeland Security officer conducting the interview shall review the
summary of the pamphlet with the applicant orally in the
applicant's primary language, in addition to distributing the
pamphlet to the applicant in English or another appropriate
language.
(c) Confidentiality.--In fulfilling the requirements of this
section, no official of the Department of State or the Department of
Homeland Security shall disclose to a nonimmigrant visa applicant the
name or contact information of any person who was granted a protection
order or restraining order against the petitioner or who was a victim
of a crime of violence perpetrated by the petitioner, but shall
disclose the relationship of the person to the petitioner.
(d) Regulation of International Marriage Brokers.--
(1) Prohibition on marketing children.--An international
marriage broker shall not provide any individual or entity with the
personal contact information, photograph, or general information
about the background or interests of any individual under the age
of 18.
(2) Requirements of international marriage brokers with respect
to mandatory collection of background information.--
(A) In general.--
(i) Search of sex offender public registries.--Each
international marriage broker shall search the National Sex
Offender Public Registry or State sex offender public
registry, as required under paragraph (3)(A)(i).
(ii) Collection of background information.--Each
international marriage broker shall also collect the
background information listed in subparagraph (B) about the
United States client to whom the personal contact
information of a foreign national client would be provided.
(B) Background information.--The international marriage
broker shall collect a certification signed (in written,
electronic, or other form) by the United States client
accompanied by documentation or an attestation of the following
background information about the United States client:
(i) Any temporary or permanent civil protection order
or restraining order issued against the United States
client.
(ii) Any Federal, State, or local arrest or conviction
of the United States client for homicide, murder,
manslaughter, assault, battery, domestic violence, rape,
sexual assault, abusive sexual contact, sexual
exploitation, incest, child abuse or neglect, torture,
trafficking, peonage, holding hostage, involuntary
servitude, slave trade, kidnapping, abduction, unlawful
criminal restraint, false imprisonment, or stalking.
(iii) Any Federal, State, or local arrest or conviction
of the United States client for--
(I) solely, principally, or incidentally engaging
in prostitution;
(II) a direct or indirect attempt to procure
prostitutes or persons for the purpose of prostitution;
or
(III) receiving, in whole or in part, of the
proceeds of prostitution.
(iv) Any Federal, State, or local arrest or conviction
of the United States client for offenses related to
controlled substances or alcohol.
(v) Marital history of the United States client,
including whether the client is currently married, whether
the client has previously been married and how many times,
how previous marriages of the client were terminated and
the date of termination, and whether the client has
previously sponsored an alien to whom the client was
engaged or married.
(vi) The ages of any of the United States client's
children who are under the age of 18.
(vii) All States and countries in which the United
States client has resided since the client was 18 years of
age.
(3) Obligation of international marriage brokers with respect
to informed consent.--
(A) Limitation on sharing information about foreign
national clients.--An international marriage broker shall not
provide any United States client or representative with the
personal contact information of any foreign national client
unless and until the international marriage broker has--
(i) performed a search of the National Sex Offender
Public Registry, or of the relevant State sex offender
public registry for any State not yet participating in the
National Sex Offender Public Registry in which the United
States client has resided during the previous 20 years, for
information regarding the United States client;
(ii) collected background information about the United
States client required under paragraph (2);
(iii) provided to the foreign national client--
(I) in the foreign national client's primary
language, a copy of any records retrieved from the
search required under paragraph (2)(A)(i) or
documentation confirming that such search retrieved no
records;
(II) in the foreign national client's primary
language, a copy of the background information
collected by the international marriage broker under
paragraph (2)(B); and
(III) in the foreign national client's primary
language (or in English or other appropriate language
if there is no translation available into the client's
primary language), the pamphlet developed under
subsection (a)(1); and
(iv) received from the foreign national client a
signed, written consent, in the foreign national client's
primary language, to release the foreign national client's
personal contact information to the specific United States
client.
(B) Confidentiality.--In fulfilling the requirements of
this paragraph, an international marriage broker shall disclose
the relationship of the United States client to individuals who
were issued a protection order or restraining order as
described in clause (i) of paragraph (2)(B), or of any other
victims of crimes as described in clauses (ii) through (iv) of
such paragraph, but shall not disclose the name or location
information of such individuals.
(C) Penalty for misuse of information.--A person who
knowingly discloses, uses, or causes to be used any information
obtained by an international marriage broker as a result of the
obligations imposed on it under paragraph (2) and this
paragraph for any purpose other than the disclosures required
under this paragraph shall be fined in accordance with title
18, United States Code, or imprisoned not more than 1 year, or
both. These penalties are in addition to any other civil or
criminal liability under Federal or State law which a person
may be subject to for the misuse of that information, including
to threaten, intimidate, or harass any individual. Nothing in
this section shall prevent the disclosure of such information
to law enforcement or pursuant to a court order.
(4) Limitation on disclosure.--An international marriage broker
shall not provide the personal contact information of any foreign
national client to any person or entity other than a United States
client. Such information shall not be disclosed to potential United
States clients or individuals who are being recruited to be United
States clients or representatives.
(5) Penalties.--
(A) Federal civil penalty.--
(i) Violation.--An international marriage broker that
violates (or attempts to violate) paragraph (1), (2), (3),
or (4) is subject to a civil penalty of not less than
$5,000 and not more than $25,000 for each such violation.
(ii) Procedures for imposition of penalty.--A penalty
may be imposed under clause (i) by the Attorney General
only after notice and an opportunity for an agency hearing
on the record in accordance with subchapter II of chapter 5
of title 5, United States Code (popularly known as the
Administrative Procedure Act).
(B) Federal criminal penalty.--In circumstances in or
affecting interstate or foreign commerce, an international
marriage broker that, within the special maritime and
territorial jurisdiction of the United States, violates (or
attempts to violate) paragraph (1), (2), (3), or (4) shall be
fined in accordance with title 18, United States Code, or
imprisoned for not more than 5 years, or both.
(C) Additional remedies.--The penalties and remedies under
this subsection are in addition to any other penalties or
remedies available under law.
(6) Nonpreemption.--Nothing in this subsection shall preempt--
(A) any State law that provides additional protections for
aliens who are utilizing the services of an international
marriage broker; or
(B) any other or further right or remedy available under
law to any party utilizing the services of an international
marriage broker.
(7) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
this subsection shall take effect on the date that is 60 days
after the date of the enactment of this Act.
(B) Additional time allowed for information pamphlet.--The
requirement for the distribution of the pamphlet developed
under subsection (a)(1) shall not apply until 30 days after the
date of its development and initial distribution under
subsection (a)(6).
(e) Definitions.--In this section:
(1) Crime of violence.--The term ``crime of violence'' has the
meaning given such term in section 16 of title 18, United States
Code.
(2) Domestic violence.--The term ``domestic violence'' has the
meaning given such term in section 3 of this Act.
(3) Foreign national client.--The term ``foreign national
client'' means a person who is not a United States citizen or
national or an alien lawfully admitted to the United States for
permanent residence and who utilizes the services of an
international marriage broker. Such term includes an alien residing
in the United States who is in the United States as a result of
utilizing the services of an international marriage broker and any
alien recruited by an international marriage broker or
representative of such broker.
(4) International marriage broker.--
(A) In general.--The term ``international marriage broker''
means a corporation, partnership, business, individual, or
other legal entity, whether or not organized under any law of
the United States, that charges fees for providing dating,
matrimonial, matchmaking services, or social referrals between
United States citizens or nationals or aliens lawfully admitted
to the United States as permanent residents and foreign
national clients by providing personal contact information or
otherwise facilitating communication between individuals.
(B) Exceptions.--Such term does not include--
(i) a traditional matchmaking organization of a
cultural or religious nature that operates on a nonprofit
basis and otherwise operates in compliance with the laws of
the countries in which it operates, including the laws of
the United States; or
(ii) an entity that provides dating services if its
principal business is not to provide international dating
services between United States citizens or United States
residents and foreign nationals and it charges comparable
rates and offers comparable services to all individuals it
serves regardless of the individual's gender or country of
citizenship.
(5) K nonimmigrant visa.--The term ``K nonimmigrant visa''
means a nonimmigrant visa under clause (i) or (ii) of section
101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)).
(6) Personal contact information.--
(A) In general.--The term ``personal contact information''
means information, or a forum to obtain such information, that
would permit individuals to contact each other, including--
(i) the name or residential, postal, electronic mail,
or instant message address of an individual;
(ii) the telephone, pager, cellphone, or fax number, or
voice message mailbox of an individual; or
(iii) the provision of an opportunity for an in-person
meeting.
(B) Exception.--Such term does not include a photograph or
general information about the background or interests of a
person.
(7) Representative.--The term ``representative'' means, with
respect to an international marriage broker, the person or entity
acting on behalf of such broker. Such a representative may be a
recruiter, agent, independent contractor, or other international
marriage broker or other person conveying information about or to a
United States client or foreign national client, whether or not the
person or entity receives remuneration.
(8) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Northern Mariana Islands.
(9) United states.--The term ``United States'', when used in a
geographic sense, includes all the States.
(10) United states client.--The term ``United States client''
means a United States citizen or other individual who resides in
the United States and who utilizes the services of an international
marriage broker, if a payment is made or a debt is incurred to
utilize such services.
(f) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States shall
conduct a study--
(A) on the impact of this section and section 832 on the K
nonimmigrant visa process, including specifically--
(i) annual numerical changes in petitions for K
nonimmigrant visas;
(ii) the annual number (and percentage) of such
petitions that are denied under subsection (d)(2) or (r) of
section 214 of the Immigration and Nationality Act (8
U.S.C. 1184), as amended by this Act;
(iii) the annual number of waiver applications
submitted under such a subsection, the number (and
percentage) of such applications granted or denied, and the
reasons for such decisions;
(iv) the annual number (and percentage) of cases in
which the criminal background information collected and
provided to the applicant as required by subsection
(a)(5)(A)(iii) contains one or more convictions;
(v) the annual number and percentage of cases described
in clause (iv) that were granted or were denied waivers
under section 214(d)(2) of the Immigration and Nationality
Act, as amended by this Act;
(vi) the annual number of fiance(e) and spousal K
nonimmigrant visa petitions or family-based immigration
petitions filed by petitioners or applicants who have
previously filed other fiance(e) or spousal K nonimmigrant
visa petitions or family-based immigration petitions;
(vii) the annual number of fiance(e) and spousal K
nonimmigrant visa petitions or family-based immigration
petitions filed by petitioners or applicants who have
concurrently filed other fiance(e) or spousal K
nonimmigrant visa petitioners or family-based immigration
petitions; and
(viii) the annual and cumulative number of petitioners
and applicants tracked in the multiple filings database
established under paragraph (4) of section 214(r) of the
Immigration and Nationality Act, as added by this Act;
(B) regarding the number of international marriage brokers
doing business in the United States, the number of marriages
resulting from the services provided, and the extent of
compliance with the applicable requirements of this section;
(C) that assesses the accuracy and completeness of
information gathered under section 832 and this section from
clients and petitioners by international marriage brokers, the
Department of State, or the Department of Homeland Security;
(D) that examines, based on the information gathered, the
extent to which persons with a history of violence are using
either the K nonimmigrant visa process or the services of
international marriage brokers, or both, and the extent to
which such persons are providing accurate and complete
information to the Department of State or the Department of
Homeland Security and to international marriage brokers in
accordance with subsections (a) and (d)(2)(B); and
(E) that assesses the accuracy and completeness of the
criminal background check performed by the Secretary of
Homeland Security at identifying past instances of domestic
violence.
(2) Report.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary
of the House of Representatives a report setting forth the results
of the study conducted under paragraph (1).
(3) Data collection.--The Secretary of Homeland Security and
the Secretary of State shall collect and maintain the data
necessary for the Comptroller General of the United States to
conduct the study required by paragraph (1).
(g) Repeal of Mail-Order Bride Provision.--Section 652 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1375) is hereby repealed.
SEC. 834. SHARING OF CERTAIN INFORMATION.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) shall not be construed to prevent the sharing of information
regarding a United States petitioner for a visa under clause (i) or
(ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) for
the limited purposes of fulfilling disclosure obligations imposed by
the amendments made by section 832(a) or by section 833, including
reporting obligations of the Comptroller General of the United States
under section 833(f).
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. FINDINGS.
Congress finds that--
(1) 1 out of every 3 Indian (including Alaska Native) women are
raped in their lifetimes;
(2) Indian women experience 7 sexual assaults per 1,000,
compared with 4 per 1,000 among Black Americans, 3 per 1,000 among
Caucasians, 2 per 1,000 among Hispanic women, and 1 per 1,000 among
Asian women;
(3) Indian women experience the violent crime of battering at a
rate of 23.2 per 1,000, compared with 8 per 1,000 among Caucasian
women;
(4) during the period 1979 through 1992, homicide was the third
leading cause of death of Indian females aged 15 to 34, and 75
percent were killed by family members or acquaintances;
(5) Indian tribes require additional criminal justice and
victim services resources to respond to violent assaults against
women; and
(6) the unique legal relationship of the United States to
Indian tribes creates a Federal trust responsibility to assist
tribal governments in safeguarding the lives of Indian women.
SEC. 902. PURPOSES.
The purposes of this title are--
(1) to decrease the incidence of violent crimes against Indian
women;
(2) to strengthen the capacity of Indian tribes to exercise
their sovereign authority to respond to violent crimes committed
against Indian women; and
(3) to ensure that perpetrators of violent crimes committed
against Indian women are held accountable for their criminal
behavior.
SEC. 903. CONSULTATION.
(a) In General.--The Attorney General shall conduct annual
consultations with Indian tribal governments concerning the Federal
administration of tribal funds and programs established under this Act,
the Violence Against Women Act of 1994 (title IV of Public Law 103-322;
108 Stat. 1902) and the Violence Against Women Act of 2000 (division B
of Public Law 106-386; 114 Stat. 1491).
(b) Recommendations.--During consultations under subsection (a),
the Secretary of the Department of Health and Human Services and the
Attorney General shall solicit recommendations from Indian tribes
concerning--
(1) administering tribal funds and programs;
(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, and stalking; and
(3) strengthening the Federal response to such violent crimes.
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) National Baseline Study.--
(1) In general.--The National Institute of Justice, in
consultation with the Office on Violence Against Women, shall
conduct a national baseline study to examine violence against
Indian women in Indian country.
(2) Scope.--
(A) In general.--The study shall examine violence committed
against Indian women, including--
(i) domestic violence;
(ii) dating violence;
(iii) sexual assault;
(iv) stalking; and
(v) murder.
(B) Evaluation.--The study shall evaluate the effectiveness
of Federal, State, tribal, and local responses to the
violations described in subparagraph (A) committed against
Indian women.
(C) Recommendations.--The study shall propose
recommendations to improve the effectiveness of Federal, State,
tribal, and local responses to the violation described in
subparagraph (A) committed against Indian women.
(3) Task force.--
(A) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, shall
establish a task force to assist in the development and
implementation of the study under paragraph (1) and guide
implementation of the recommendation in paragraph (2)(C).
(B) Members.--The Director shall appoint to the task force
representatives from--
(i) national tribal domestic violence and sexual
assault nonprofit organizations;
(ii) tribal governments; and
(iii) the national tribal organizations.
(4) Report.--Not later than 2 years after the date of enactment
of this Act, the Attorney General shall submit to the Committee on
Indian Affairs of the Senate, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the House of
Representatives a report that describes the study.
(5) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of
fiscal years 2007 and 2008, to remain available until expended.
(b) Injury Study.--
(1) In general.--The Secretary of Health and Human Services,
acting through the Indian Health Service and the Centers for
Disease Control and Prevention, shall conduct a study to obtain a
national projection of--
(A) the incidence of injuries and homicides resulting from
domestic violence, dating violence, sexual assault, or stalking
committed against American Indian and Alaska Native women; and
(B) the cost of providing health care for the injuries
described in subparagraph (A).
(2) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Indian Affairs of the Senate, the
Committee on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report that describes
the findings made in the study and recommends health care
strategies for reducing the incidence and cost of the injuries
described in paragraph (1).
(3) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for each of fiscal
years 2007 and 2008, to remain available until expended.
SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.
(a) Access to Federal Criminal Information Databases.--Section 534
of title 28, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Indian Law Enforcement Agencies.--The Attorney General shall
permit Indian law enforcement agencies, in cases of domestic violence,
dating violence, sexual assault, and stalking, to enter information
into Federal criminal information databases and to obtain information
from the databases.''.
(b) Tribal Registry.--
(1) Establishment.--The Attorney General shall contract with
any interested Indian tribe, tribal organization, or tribal
nonprofit organization to develop and maintain--
(A) a national tribal sex offender registry; and
(B) a tribal protection order registry containing civil and
criminal orders of protection issued by Indian tribes and
participating jurisdictions.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of
fiscal years 2007 through 2011, to remain available until expended.
SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
(a) In General.--Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by
adding at the end the following:
``SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
``(a) Grants.--The Attorney General may make grants to Indian
tribal governments and tribal organizations to--
``(1) develop and enhance effective governmental strategies to
curtail violent crimes against and increase the safety of Indian
women consistent with tribal law and custom;
``(2) increase tribal capacity to respond to domestic violence,
dating violence, sexual assault, and stalking crimes against Indian
women;
``(3) strengthen tribal justice interventions including tribal
law enforcement, prosecution, courts, probation, correctional
facilities;
``(4) enhance services to Indian women victimized by domestic
violence, dating violence, sexual assault, and stalking;
``(5) work in cooperation with the community to develop
education and prevention strategies directed toward issues of
domestic violence, dating violence, and stalking programs and to
address the needs of children exposed to domestic violence;
``(6) provide programs for supervised visitation and safe
visitation exchange of children in situations involving domestic
violence, sexual assault, or stalking committed by one parent
against the other with appropriate security measures, policies, and
procedures to protect the safety of victims and their children; and
``(7) provide transitional housing for victims of domestic
violence, dating violence, sexual assault, or stalking, including
rental or utilities payments assistance and assistance with related
expenses such as security deposits and other costs incidental to
relocation to transitional housing, and support services to enable
a victim of domestic violence, dating violence, sexual assault, or
stalking to locate and secure permanent housing and integrate into
a community.
``(b) Collaboration.--All applicants under this section shall
demonstrate their proposal was developed in consultation with a
nonprofit, nongovernmental Indian victim services program, including
sexual assault and domestic violence victim services providers in the
tribal or local community, or a nonprofit tribal domestic violence and
sexual assault coalition to the extent that they exist. In the absence
of such a demonstration, the applicant may meet the requirement of this
subsection through consultation with women in the community to be
served.
``(c) Nonexclusivity.--The Federal share of a grant made under this
section may not exceed 90 percent of the total costs of the project
described in the application submitted, except that the Attorney
General may grant a waiver of this match requirement on the basis of
demonstrated financial hardship. Funds appropriated for the activities
of any agency of an Indian tribal government or of the Bureau of Indian
Affairs performing law enforcement functions on any Indian lands may be
used to provide the non-Federal share of the cost of programs or
projects funded under this section.''.
(b) Authorization of Funds From Grants To Combat Violent Crimes
Against Women.--Section 2007(b)(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is amended to read
as follows:
``(1) Ten percent shall be available for grants under the
program authorized in section 2007. The requirements of this part
shall not apply to funds allocated for such program.''.
(c) Authorization of Funds From Grants To Encourage State Policies
and Enforcement of Protection Orders Program.--Section 2101 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh)
is amended by striking subsection (e) and inserting the following:
``(e) Not less than 10 percent of the total amount available under
this section for each fiscal year shall be available for grants under
the program authorized in section 2007. The requirements of this part
shall not apply to funds allocated for such program.''.
(d) Authorization of Funds From Rural Domestic Violence and Child
Abuse Enforcement Assistance Grants.--Subsection 40295(c) of the
Violence Against Women Act of 1994 (42 U.S.C. 13971(c)(3)) is amended
by striking paragraph (3) and inserting the following:
``(3) Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available for
grants under the program authorized in section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968. The requirements of
this paragraph shall not apply to funds allocated for such
program.''.
(e) Authorization of Funds From the Safe Havens for Children
Program.--Section 1301 of the Violence Against Women Act of 2000 (42
U.S.C. 10420) is amended by striking subsection (f) and inserting the
following:
``(f) Not less than 10 percent of the total amount available under
this section for each fiscal year shall be available for grants under
the program authorized in section 2007 of the Omnibus Crime Control and
Safe Streets Act of 1968. The requirements of this subsection shall not
apply to funds allocated for such program.''.
(f) Authorization of Funds From the Transitional Housing Assistance
Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault Program.--Section 40299(g) of the Violence Against Women Act of
1994 (42 U.S.C. 13975(g)) is amended by adding at the end the
following:
``(4) Tribal program.--Not less than 10 percent of the total
amount available under this section for each fiscal year shall be
available for grants under the program authorized in section 2007
of the Omnibus Crime Control and Safe Streets Act of 1968. The
requirements of this paragraph shall not apply to funds allocated
for such program.''.
(g) Authorization of Funds From the Legal Assistance for Victims
Improvements Program.--Section 1201(f) of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg-6) is amended by adding at the end the
following:
``(4) Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available for
grants under the program authorized in section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968. The requirements of
this paragraph shall not apply to funds allocated for such
program.''.
SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST WOMEN.
Part T of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg et seq.), as amended by section 906, is
amended by adding at the end the following:
``SEC. 2008. TRIBAL DEPUTY.
``(a) Establishment.--There is established in the Office on
Violence Against Women a Deputy Director for Tribal Affairs.
``(b) Duties.--
``(1) In general.--The Deputy Director shall under the guidance
and authority of the Director of the Office on Violence Against
Women--
``(A) oversee and manage the administration of grants to
and contracts with Indian tribes, tribal courts, tribal
organizations, or tribal nonprofit organizations;
``(B) ensure that, if a grant under this Act or a contract
pursuant to such a grant is made to an organization to perform
services that benefit more than 1 Indian tribe, the approval of
each Indian tribe to be benefitted shall be a prerequisite to
the making of the grant or letting of the contract;
``(C) coordinate development of Federal policy, protocols,
and guidelines on matters relating to violence against Indian
women;
``(D) advise the Director of the Office on Violence Against
Women concerning policies, legislation, implementation of laws,
and other issues relating to violence against Indian women;
``(E) represent the Office on Violence Against Women in the
annual consultations under section 903;
``(F) provide technical assistance, coordination, and
support to other offices and bureaus in the Department of
Justice to develop policy and to enforce Federal laws relating
to violence against Indian women, including through litigation
of civil and criminal actions relating to those laws;
``(G) maintain a liaison with the judicial branches of
Federal, State, and tribal governments on matters relating to
violence against Indian women;
``(H) support enforcement of tribal protection orders and
implementation of full faith and credit educational projects
and comity agreements between Indian tribes and States; and
``(I) ensure that adequate tribal technical assistance is
made available to Indian tribes, tribal courts, tribal
organizations, and tribal nonprofit organizations for all
programs relating to violence against Indian women.
``(c) Authority.--
``(1) In general.--The Deputy Director shall ensure that a
portion of the tribal set-aside funds from any grant awarded under
this Act, the Violence Against Women Act of 1994 (title IV of
Public Law 103-322; 108 Stat. 1902), or the Violence Against Women
Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491) is
used to enhance the capacity of Indian tribes to address the safety
of Indian women.
``(2) Accountability.--The Deputy Director shall ensure that
some portion of the tribal set-aside funds from any grant made
under this part is used to hold offenders accountable through--
``(A) enhancement of the response of Indian tribes to
crimes of domestic violence, dating violence, sexual assault,
and stalking against Indian women, including legal services for
victims and Indian-specific offender programs;
``(B) development and maintenance of tribal domestic
violence shelters or programs for battered Indian women,
including sexual assault services, that are based upon the
unique circumstances of the Indian women to be served;
``(C) development of tribal educational awareness programs
and materials;
``(D) support for customary tribal activities to strengthen
the intolerance of an Indian tribe to violence against Indian
women; and
``(E) development, implementation, and maintenance of
tribal electronic databases for tribal protection order
registries.''.
SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.
(a) Firearms Possession Prohibitions.--Section 921(33)(A)(i) of
title 18, United States Code, is amended to read: ``(i) is a
misdemeanor under Federal, State, or Tribal law; and''.
(b) Law Enforcement Authority.--Section 4(3) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2803(3) is amended--
(1) in subparagraph (A), by striking ``or'';
(2) in subparagraph (B), by striking the semicolon and
inserting ``, or''; and
(3) by adding at the end the following:
``(C) the offense is a misdemeanor crime of domestic
violence, dating violence, stalking, or violation of a
protection order and has, as an element, the use or attempted
use of physical force, or the threatened use of a deadly
weapon, committed by a current or former spouse, parent, or
guardian of the victim, by a person with whom the victim shares
a child in common, by a person who is cohabitating with or has
cohabited with the victim as a spouse, parent, or guardian, or
by a person similarly situated to a spouse, parent or guardian
of the victim, and the employee has reasonable grounds to
believe that the person to be arrested has committed, or is
committing the crime;''.
SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.
Chapter 7 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 117. Domestic assault by an habitual offender
``(a) In General.--Any person who commits a domestic assault within
the special maritime and territorial jurisdiction of the United States
or Indian country and who has a final conviction on at least 2 separate
prior occasions in Federal, State, or Indian tribal court proceedings
for offenses that would be, if subject to Federal jurisdiction--
``(1) any assault, sexual abuse, or serious violent felony
against a spouse or intimate partner; or
``(2) an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not more than
5 years, or both, except that if substantial bodily injury results from
violation under this section, the offender shall be imprisoned for a
term of not more than 10 years.
``(b) Domestic Assault Defined.--In this section, the term
`domestic assault' means an assault committed by a current or former
spouse, parent, child, or guardian of the victim, by a person with whom
the victim shares a child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse, parent, child, or
guardian, or by a person similarly situated to a spouse, parent, child,
or guardian of the victim.''.
TITLE X--DNA FINGERPRINTING
SEC. 1001. SHORT TITLE.
This title may be cited as the ``DNA Fingerprint Act of 2005''.
SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM NATIONAL DNA
INDEX.
Section 210304 of the DNA Identification Act of 1994 (42 U.S.C.
14132) is amended--
(1) in subsection (a)(1)(C), by striking ``DNA profiles'' and
all that follows through ``, and'';
(2) in subsection (d)(1), by striking subparagraph (A), and
inserting the following:
``(A) The Director of the Federal Bureau of Investigation
shall promptly expunge from the index described in subsection
(a) the DNA analysis of a person included in the index--
``(i) on the basis of conviction for a qualifying
Federal offense or a qualifying District of Columbia
offense (as determined under sections 3 and 4 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a,
14135b), respectively), if the Director receives, for each
conviction of the person of a qualifying offense, a
certified copy of a final court order establishing that
such conviction has been overturned; or
``(ii) on the basis of an arrest under the authority of
the United States, if the Attorney General receives, for
each charge against the person on the basis of which the
analysis was or could have been included in the index, a
certified copy of a final court order establishing that
such charge has been dismissed or has resulted in an
acquittal or that no charge was filed within the applicable
time period.'';
(3) in subsection (d)(2)(A)(ii), by striking ``all charges
for'' and all that follows, and inserting the following: ``the
responsible agency or official of that State receives, for each
charge against the person on the basis of which the analysis was or
could have been included in the index, a certified copy of a final
court order establishing that such charge has been dismissed or has
resulted in an acquittal or that no charge was filed within the
applicable time period.''; and
(4) by striking subsection (e).
SEC. 1003. EXPANDED USE OF CODIS GRANTS.
Section 2(a)(1) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)(1)) is amended by striking ``taken from individuals
convicted of a qualifying State offense (as determined under subsection
(b)(3))'' and inserting ``collected under applicable legal authority''.
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION FROM PERSONS
ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.
(a) In General.--Section 3 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Director'' and
inserting the following:
``(A) The Attorney General may, as prescribed by the
Attorney General in regulation, collect DNA samples from
individuals who are arrested or from non-United States persons
who are detained under the authority of the United States. The
Attorney General may delegate this function within the
Department of Justice as provided in section 510 of title 28,
United States Code, and may also authorize and direct any other
agency of the United States that arrests or detains individuals
or supervises individuals facing charges to carry out any
function and exercise any power of the Attorney General under
this section.
``(B) The Director''; and
(B) in paragraphs (3) and (4), by striking ``Director of
the Bureau of Prisons'' each place it appears and inserting
``Attorney General, the Director of the Bureau of Prisons,'';
and
(2) in subsection (b), by striking ``Director of the Bureau of
Prisons'' and inserting ``Attorney General, the Director of the
Bureau of Prisons,''.
(b) Conforming Amendments.--Subsections (b) and (c)(1)(A) of
section 3142 of title 18, United States Code, are each amended by
inserting ``and subject to the condition that the person cooperate in
the collection of a DNA sample from the person if the collection of
such a sample is authorized pursuant to section 3 of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135a)'' after ``period of
release''.
SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE OFFENSES.
Section 3297 of title 18, United States Code, is amended by
striking ``except for a felony offense under chapter 109A,''.
TITLE XI--DEPARTMENT OF JUSTICE REAUTHORIZATION
Subtitle A--AUTHORIZATION OF APPROPRIATIONS
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2006.
There are authorized to be appropriated for fiscal year 2006, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or
other component thereof), the following sums:
(1) General administration.--For General Administration:
$161,407,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $216,286,000 for administration of clemency
petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of Inspector
General: $72,828,000, which shall include not to exceed $10,000 to
meet unforeseen emergencies of a confidential character.
(4) General legal activities.--For General Legal Activities:
$679,661,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases involving
alleged Nazi war criminals;
(B) not less than $15,000,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(D) $5,000,000 for the investigation and prosecution of
violations of chapter 77 of title 18 of the United States Code.
(5) Antitrust division.--For the Antitrust Division:
$144,451,000.
(6) United states attorneys.--For United States Attorneys:
$1,626,146,000.
(7) Federal bureau of investigation.--For the Federal Bureau of
Investigation: $5,761,237,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $800,255,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $5,065,761,000.
(10) Drug enforcement administration.--For the Drug Enforcement
Administration: $1,716,173,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--For
the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$923,613,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses of
Witnesses: $181,137,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For Interagency
Crime and Drug Enforcement: $661,940,000 for expenses not otherwise
provided for, for the investigation and prosecution of persons
involved in organized crime drug trafficking, except that any funds
obligated from appropriations authorized by this paragraph may be
used under authorities available to the organizations reimbursed
from such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,270,000.
(15) Community relations service.--For the Community Relations
Service: $9,759,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture Fund:
$21,468,000 for expenses authorized by section 524 of title 28,
United States Code.
(17) United states parole commission.--For the United States
Parole Commission: $11,300,000.
(18) Federal detention trustee.--For the necessary expenses of
the Federal Detention Trustee: $1,222,000,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including planning,
development, and deployment: $181,490,000.
(20) Narrow band communications.--For the costs of conversion
to narrowband communications, including the cost for operation and
maintenance of Land Mobile Radio legacy systems: $128,701,000.
(21) Administrative expenses for certain activities.--For the
administrative expenses of the Office of Justice Programs, the
Office on Violence Against Women, and Office of Community Oriented
Policing Services:
(A) $121,105,000 for the Office of Justice Programs.
(B) $14,172,000 for the Office on Violence Against Women.
(C) $31,343,000 for the Office of Community Oriented
Policing Services.
SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2007.
There are authorized to be appropriated for fiscal year 2007, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or
other component thereof), the following sums:
(1) General administration.--For General Administration:
$167,863,000.
(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. 1103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.
There are authorized to be appropriated for fiscal year 2008, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or
other component thereof), the following sums:
(1) General administration.--For General Administration:
$174,578,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $233,934,000 for administration of clemency
petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of Inspector
General: $78,771,000, which shall include not to exceed $10,000 to
meet unforeseen emergencies of a confidential character.
(4) General legal activities.--For General Legal Activities:
$735,121,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases involving
alleged Nazi war criminals;
(B) not less than $16,224,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(D) $5,000,000 for the investigation and prosecution of
violations of chapter 77 of title 18 of the United States Code.
(5) Antitrust division.--For the Antitrust Division:
$156,238,000.
(6) United states attorneys.--For United States Attorneys:
$1,758,840,000.
(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. 1104. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.
There are authorized to be appropriated for fiscal year 2009, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or
other component thereof), the following sums:
(1) General administration.--For General Administration:
$181,561,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $243,291,000 for administration of pardon and
clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of Inspector
General: $81,922,000, which shall include not to exceed $10,000 to
meet unforeseen emergencies of a confidential character.
(4) General legal activities.--For General Legal Activities:
$764,526,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases involving
alleged Nazi war criminals;
(B) not less than $16,872,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(D) $5,000,000 for the investigation and prosecution of
violations of chapter 77 of title 18 of the United States Code.
(5) Antitrust division.--For the Antitrust Division:
$162,488,000.
(6) United states attorneys.--For United States Attorneys:
$1,829,194,000.
(7) Federal bureau of investigation.--For the Federal Bureau of
Investigation: $6,480,608,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $900,178,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections: $5,698,292,000.
(10) Drug enforcement administration.--For the Drug Enforcement
Administration: $1,930,462,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--For
the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$1,038,939,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses of
Witnesses: $203,755,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For Interagency
Crime and Drug Enforcement: $744,593,000, for expenses not
otherwise provided for, for the investigation and prosecution of
persons involved in organized crime drug trafficking, except that
any funds obligated from appropriations authorized by this
paragraph may be used under authorities available to the
organizations reimbursed from such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,429,000.
(15) Community relations service.--For the Community Relations
Service: $10,977,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture Fund:
$22,000,000 for expenses authorized by section 524 of title 28,
United States Code.
(17) United states parole commission.--For the United States
Parole Commission: $12,711,000.
(18) Federal detention trustee.--For the necessary expenses of
the Federal Detention Trustee: $1,858,509,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including planning,
development, and deployment: $204,152,000.
(20) Narrowband communications.--For the costs of conversion to
narrowband communications, including the cost for operation and
maintenance of Land Mobile Radio legacy systems: $144,771,000.
(21) Administrative expenses for certain activities.--For the
administrative expenses of the Office of Justice Programs, the
Office on Violence Against Women, and the Office of Community
Oriented Policing Services:
(A) $132,226,000 for the Office of Justice Programs.
(B) $16,837,000 for the Office on Violence Against Women.
(C) $35,257,000 for the Office of Community Oriented
Policing Services.
SEC. 1105. ORGANIZED RETAIL THEFT.
(a) National Data.--(1) The Attorney General and the Federal Bureau
of Investigation, in consultation with the retail community, shall
establish a task force to combat organized retail theft and provide
expertise to the retail community for the establishment of a national
database or clearinghouse housed and maintained in the private sector
to track and identify where organized retail theft type crimes are
being committed in the United Sates. The national database shall allow
Federal, State, and local law enforcement officials as well as
authorized retail companies (and authorized associated retail
databases) to transmit information into the database electronically and
to review information that has been submitted electronically.
(2) The Attorney General shall make available funds to provide for
the ongoing administrative and technological costs to federal law
enforcement agencies participating in the database project.
(3) The Attorney General through the Bureau of Justice Assistance
in the Office of Justice may make grants to help provide for the
administrative and technological costs to State and local law
enforcement agencies participating in the data base project.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2006 through 2009, $5,000,000 for
educating and training federal law enforcement regarding organized
retail theft, for investigating, apprehending and prosecuting
individuals engaged in organized retail theft, and for working with the
private sector to establish and utilize the database described in
subsection (a).
(c) Definition of Organized Retail Theft.--For purposes of this
section, ``organized retail theft'' means--
(1) the violation of a State prohibition on retail merchandise
theft or shoplifting, if the violation consists of the theft of
quantities of items that would not normally be purchased for
personal use or consumption and for the purpose of reselling the
items or for reentering the items into commerce;
(2) the receipt, possession, concealment, bartering, sale,
transport, or disposal of any property that is know or should be
known to have been taken in violation of paragraph (1); or
(3) the coordination, organization, or recruitment of persons
to undertake the conduct described in paragraph (1) or (2).
SEC. 1106. 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 and firearms trafficking, violence, and kidnapping along
the border between the United States and Mexico and to provide
expertise to the law enforcement and homeland security agencies along
the border between the United States and Mexico. The Task Force shall
include personnel from the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, Immigration and Customs Enforcement, the Drug Enforcement
Administration, Customs and Border Protection, other Federal agencies
(as appropriate), the Texas Department of Public Safety, and local law
enforcement agencies.
(2) The Attorney General shall make available funds to provide for
the ongoing administrative and technological costs to Federal, State,
and local law enforcement agencies participating in the Task Force.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2006 through
2009, for--
(1) the establishment and operation of the United States-Mexico
Border Violence Task Force; and
(2) the investigation, apprehension, and prosecution of
individuals engaged in drug and firearms trafficking, violence, and
kidnapping along the border between the United States and Mexico.
SEC. 1107. 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.
Subtitle B--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
CHAPTER 1--ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES
SEC. 1111. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW ENFORCEMENT
BLOCK GRANT PROGRAM.
(a) In General.--Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended as follows:
(1) Subpart 1 of such part (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.
``(a) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General shall reserve not more than--
``(1) $20,000,000, for use by the National Institute of Justice
in assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by law
enforcement, of which $1,000,000 shall be for use by the Bureau of
Justice Statistics to collect data necessary for carrying out this
subpart; and
``(2) $20,000,000, to be granted by the Attorney General to
States and units of local government to develop and implement
antiterrorism training programs.
``(b) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General may reserve not more than 5
percent, to be granted to 1 or more States or units of local
government, for 1 or more of the purposes specified in section 501,
pursuant to his determination that the same is necessary--
``(1) to combat, address, or otherwise respond to precipitous
or extraordinary increases in crime, or in a type or types of
crime; or
``(2) to prevent, compensate for, or mitigate significant
programmatic harm resulting from operation of the formula
established under section 505.
``SEC. 507. 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. 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. 1112. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE SELECTED IN
A GIVEN YEAR TO RECEIVE PUBLIC SAFETY OFFICER MEDAL OF
VALOR.
Section 3(c) of the Public Safety Officer Medal of Valor Act of
2001 (42 U.S.C. 15202(c)) is amended by striking ``more than 5
recipients'' and inserting ``more than 5 individuals, or groups of
individuals, as recipients''.
SEC. 1113. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY ATTORNEY
GENERAL IN CONSIDERING APPLICATION FOR EMERGENCY FEDERAL
LAW ENFORCEMENT ASSISTANCE.
Section 609M(b) of the Justice Assistance Act of 1984 (42 U.S.C.
10501(b)) is amended by striking ``the Director of the Office of
Justice Assistance'' and inserting ``the Assistant Attorney General for
the Office of Justice Programs''.
SEC. 1114. CLARIFICATION OF USES FOR REGIONAL INFORMATION SHARING
SYSTEM GRANTS.
Section 1301(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796h(b)), as most recently amended by section 701
of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 374), is amended--
(1) in paragraph (1), by inserting ``regional'' before
``information sharing systems'';
(2) by amending paragraph (3) to read as follows:
``(3) establishing and maintaining a secure telecommunications
system for regional information sharing between Federal, State,
tribal, and local law enforcement agencies;''; and
(3) by striking ``(5)'' at the end of paragraph (4).
SEC. 1115. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL RECORD
DATABASES.
(a) Duties of Director.--Section 302 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
(1) in subsection (b), by inserting after the third sentence
the following new sentence: ``The Director shall be responsible for
the integrity of data and statistics and shall protect against
improper or illegal use or disclosure.'';
(2) by amending paragraph (19) of subsection (c) to read as
follows:
``(19) provide for improvements in the accuracy, quality,
timeliness, immediate accessibility, and integration of State
criminal history and related records, support the development and
enhancement of national systems of criminal history and related
records including the National Instant Criminal Background Check
System, the National Incident-Based Reporting System, and the
records of the National Crime Information Center, facilitate State
participation in national records and information systems, and
support statistical research for critical analysis of the
improvement and utilization of criminal history records;''; and
(3) in subsection (d)--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) confer and cooperate with Federal statistical agencies as
needed to carry out the purposes of this part, including by
entering into cooperative data sharing agreements in conformity
with all laws and regulations applicable to the disclosure and use
of data.''.
(b) Use of Data.--Section 304 of such Act (42 U.S.C. 3735) is
amended by striking ``particular individual'' and inserting ``private
person or public agency''.
(c) Confidentiality of Information.--Section 812(a) of such Act (42
U.S.C. 3789g(a)) is amended by striking ``Except as provided by Federal
law other than this title, no'' and inserting ``No''.
SEC. 1116. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT
ARMOR VESTS.
Section 1001(a)(23) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking
``2007'' and inserting ``2009''.
CHAPTER 2--BUILDING COMMUNITY CAPACITY TO PREVENT, REDUCE, AND CONTROL
CRIME
SEC. 1121. OFFICE OF WEED AND SEED STRATEGIES.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by inserting after section 102 (42
U.S.C. 3712) the following new sections:
``SEC. 103. 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 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.
CHAPTER 3--ASSISTING VICTIMS OF CRIME
SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE OUTREACH
SERVICES TO VICTIMS OF CRIME.
Section 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)), as most recently amended by section 623 of the USA PATRIOT
Act (Public Law 107-56; 115 Stat. 372), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
the comma after ``Director'';
(B) in subparagraph (A), by striking ``and'' at the end;
(C) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(C) for nonprofit neighborhood and community-based victim
service organizations and coalitions to improve outreach and
services to victims of crime.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``paragraph (1)(A)'' and inserting
``paragraphs (1)(A) and (1)(C)''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) not more than $10,000 shall be used for any single grant
under paragraph (1)(C).''.
SEC. 1132. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES
RELATING TO CRIME VICTIMS FUND.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601)
is amended as follows:
(1) Authority to accept gifts.--Subsection (b)(5) of such
section is amended by striking the period at the end and inserting
the following: ``, which the Director is hereby authorized to
accept for deposit into the Fund, except that the Director is not
hereby authorized to accept any such gift, bequest, or donation
that--
``(A) attaches conditions inconsistent with applicable laws
or regulations; or
``(B) is conditioned upon or would require the expenditure
of appropriated funds that are not available to the Office for
Victims of Crime.''.
(2) Authority to replenish antiterrorism emergency reserve.--
Subsection (d)(5)(A) of such section is amended by striking
``expended'' and inserting ``obligated''.
(3) Authority to make grants to indian tribes for victim
assistance programs.--Subsection (g) of such section is amended--
(A) in paragraph (1), by striking ``, acting through the
Director,'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) The Attorney General may use 5 percent of the funds available
under subsection (d)(2) (prior to distribution) for grants to Indian
tribes to establish child victim assistance programs, as
appropriate.''.
SEC. 1133. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE USED BY
STATE FOR TRAINING PURPOSES.
(a) Crime Victim Compensation.--Section 1403(a)(3) of the Victims
of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended by inserting
after ``may be used for'' the following: ``training purposes and''.
(b) Crime Victim Assistance.--Section 1404(b)(3) of such Act (42
U.S.C. 10603(b)(3)) is amended by inserting after ``may be used for''
the following: ``training purposes and''.
SEC. 1134. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST
WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS.
(a) Clarification of State Grants.--Section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is
amended--
(1) in subsection (c)(3)(A), by striking ``police'' and
inserting ``law enforcement''; and
(2) in subsection (d)--
(A) in the second sentence, by inserting after ``each
application'' the following: ``submitted by a State''; and
(B) in the third sentence, by striking ``An application''
and inserting ``In addition, each application submitted by a
State or tribal government''.
(b) Change From Annual to Biennial Reporting.--Section 2009(b) of
such Act (42 U.S.C. 3796gg-3) is amended by striking ``Not later than''
and all that follows through ``the Attorney General shall submit'' and
inserting the following: ``Not later than one month after the end of
each even-numbered fiscal year, the Attorney General shall submit''.
SEC. 1135. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.
(a) Stalking and Domestic Violence.--Section 40610 of the Violence
Against Women Act of 1994 (title IV of the Violent Crime Control and
Law Enforcement Act of 1994; 42 U.S.C. 14039) is amended by striking
``The Attorney General shall submit to the Congress an annual report,
beginning one year after the date of the enactment of this Act, that
provides'' and inserting ``Each even-numbered fiscal year, the Attorney
General shall submit to the Congress a biennial report that provides''.
(b) Safe Havens for Children.--Subsection 1301(d)(l) of the Victims
of Trafficking and Violence Protection Act of 2000 (42 U.S.C.
10420(d)(l)) is amended in the matter preceding subparagraph (A) by
striking ``Not later than 1 year after the last day of the first fiscal
year commencing on or after the date of enactment of this Act, and not
later than 180 days after the last day of each fiscal year
thereafter,'' and inserting ``Not later than 1 month after the end of
each even-numbered fiscal year,''.
(c) Stop Violence Against Women Formula Grants.--Subsection 2009(b)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-3), is amended by striking ``Not later than'' and all that
follows through ``the Attorney General shall submit'' and inserting the
following: ``Not later than 1 month after the end of each even-numbered
fiscal year, the Attorney General shall submit''.
(d) Grants to Combat Violent Crimes Against Women on Campus.--
Subsection 826(d)(3) of the Higher Education Amendments Act of 1998 (20
U.S.C. 1152 (d)(3)) is amended by striking from ``Not'' through and
including ``under this section'' and inserting ``Not later than 1 month
after the end of each even-numbered fiscal year''.
(e) Transitional Housing Assistance Grants for Child Victims of
Domestic Violence, Stalking, or Sexual Assault.--Subsection 40299(f) of
the Violence Against Women Act of 1994 (42 U.S.C. 13975(f)) is amended
by striking ``shall annually prepare and submit to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate a report that contains a compilation of the
information contained in the report submitted under subsection (e) of
this section.'' and inserting ``shall prepare and submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted under
subsection (e) of this section not later than one month after the end
of each even-numbered fiscal year.''.
SEC. 1136. 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.
CHAPTER 4--PREVENTING CRIME
SEC. 1141. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER FOR PURPOSES
OF JUVENILE DRUG COURTS.
Section 2953(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797u-2(b)) is amended in the matter preceding
paragraph (1) by striking ``an offense that'' and inserting ``a felony-
level offense that''.
SEC. 1142. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS FOR DRUG
COURTS.
(a) Minimum Allocation Repealed.--Section 2957 of such Act (42
U.S.C. 3797u-6) is amended by striking subsection (b) and inserting the
following:
``(b) Technical Assistance and Training.--Unless one or more
applications submitted by any State or unit of local government within
such State (other than an Indian tribe) for a grant under this part has
been funded in any fiscal year, such State, together with eligible
applicants within such State, shall be provided targeted technical
assistance and training by the Community Capacity Development Office to
assist such State and such eligible applicants to successfully compete
for future funding under this part, and to strengthen existing State
drug court systems. In providing such technical assistance and
training, the Community Capacity Development Office shall consider and
respond to the unique needs of rural States, rural areas and rural
communities.''.
(b) Authorization of Appropriations.--Section 1001(25)(A) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(25)(A)) is amended by adding at the end the following:
``(v) $70,000,000 for each of fiscal years 2007 and
2008.''.
SEC. 1143. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS PROGRAM
EXTENDED TO COURTS THAT SUPERVISE NON-OFFENDERS WITH
SUBSTANCE ABUSE PROBLEMS.
Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is amended
by striking ``offenders with substance abuse problems'' and inserting
``offenders, and other individuals under the jurisdiction of the court,
with substance abuse problems''.
SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR
LOCAL FACILITIES.
Section 1904 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796ff-3) is amended by adding at the end the following
new subsection:
``(d) Definition.--In this section, the term `residential substance
abuse treatment program' means a course of individual and group
activities, lasting between 6 and 12 months, in residential treatment
facilities set apart from the general prison population--
``(1) directed at the substance abuse problems of the
prisoners;
``(2) intended to develop the prisoner's cognitive, behavioral,
social, vocational and other skills so as to solve the prisoner's
substance abuse and other problems; and
``(3) which may include the use of pharmacotherapies, where
appropriate, that may extend beyond the treatment period.''.
SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR
STATE PRISONERS.
(a) Enhanced Drug Screenings Requirement.--Subsection (b) of
section 1902 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796ff--1(b)) is amended to read as follows:
``(b) Substance Abuse Testing Requirement.--To be eligible to
receive funds under this part, a State must agree to implement or
continue to require urinalysis or other proven reliable forms of
testing, including both periodic and random testing--
``(1) of an individual before the individual enters a
residential substance abuse treatment program and during the period
in which the individual participates in the treatment program; and
``(2) of an individual released from a residential substance
abuse treatment program if the individual remains in the custody of
the State.''.
(b) Aftercare Services Requirement.--Subsection (c) of such section
is amended--
(1) in the matter preceding paragraph (1), by striking
``eligibility for preference with after care component'' and
inserting ``aftercare services requirement''; and
(2) by amending paragraph (1) to read as follows:
``(1) To be eligible for funding under this part, a State shall
ensure that individuals who participate in the substance abuse
treatment program established or implemented with assistance
provided under this part will be provided with after care
services.''; and
(3) by adding at the end the following new paragraph:
``(4) After care services required by this subsection shall be
funded through funds provided for this part.''.
(c) Priority for Partnerships With Community-Based Drug Treatment
Programs.--Section 1903 of such Act (42 U.S.C. 3796ff-2) is amended by
adding at the end the following new subsection:
``(e) Priority for Partnerships With Community-Based Drug Treatment
Programs.--In considering an application submitted by a State under
section 1902, the Attorney General shall give priority to an
application that involves a partnership between the State and a
community-based drug treatment program within the State.''.
SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR FEDERAL
FACILITIES.
Section 3621(e) of title 18, United States Code, is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Authorization of appropriations.--There are authorized to
carry out this subsection such sums as may be necessary for each of
fiscal years 2007 through 2011.''; and
(2) in paragraph (5)(A)--
(A) in clause (i) by striking ``and'' after the semicolon;
(B) in clause (ii) by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(iii) which may include the use of
pharmacoptherapies, if appropriate, that may extend beyond
the treatment period;''.
CHAPTER 5--OTHER MATTERS
SEC. 1151. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.
(a) Certain Programs That Are Exempt From Paying States Interest on
Late Disbursements Also Exempted From Paying Charge to Treasury for
Untimely Disbursements.--Section 204(f) of Public Law 107-273 (116
Stat. 1776; 31 U.S.C. 6503 note) is amended--
(1) by striking ``section 6503(d)'' and inserting ``sections
3335(b) or 6503(d)''; and
(2) by striking ``section 6503'' and inserting ``sections
3335(b) or 6503''.
(b) Southwest Border Prosecutor Initiative Included Among Such
Exempted Programs.--Section 204(f) of such Act is further amended by
striking ``pursuant to section 501(a)'' and inserting ``pursuant to the
Southwest Border Prosecutor Initiative (as carried out pursuant to
paragraph (3) (117 Stat. 64) under the heading relating to Community
Oriented Policing Services of the Department of Justice Appropriations
Act, 2003 (title I of division B of Public Law 108-7), or as carried
out pursuant to any subsequent authority) or section 501(a)''.
(c) ATFE Undercover Investigative Operations.--Section 102(b) of
the Department of Justice and Related Agencies Appropriations Act,
1993, as in effect pursuant to section 815(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 shall apply with respect to the
Bureau of Alcohol, Tobacco, Firearms, and Explosives and the undercover
investigative operations of the Bureau on the same basis as such
section applies with respect to any other agency and the undercover
investigative operations of such agency.
SEC. 1152. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.
(a) Coordinate and Support Office for Victims of Crime.--Section
102 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3712) is amended in subsection (a)(5) by inserting after ``the
Bureau of Justice Statistics,'' the following: ``the Office for Victims
of Crime,''.
(b) Setting Grant Conditions and Priorities.--Such section is
further amended in subsection (a)(6) by inserting ``, including placing
special conditions on all grants, and determining priority purposes for
formula grants'' before the period at the end.
SEC. 1153. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-OFFENDER
REGISTRATION LAWS.
(a) Compliance Period.--A State shall not be treated, for purposes
of any provision of law, as having failed to comply with section 170101
(42 U.S.C. 14071) or 170102 (42 U.S.C. 14072) of the Violent Crime
Control and Law Enforcement Act of 1994 until 36 months after the date
of the enactment of this Act, except that the Attorney General may
grant an additional 24 months to a State that is making good faith
efforts to comply with such sections.
(b) Time for Registration of Current Address.--Subsection (a)(1)(B)
of such section 170101 is amended by striking ``unless such requirement
is terminated under'' and inserting ``for the time period specified
in''.
SEC. 1154. REPEAL OF CERTAIN PROGRAMS.
(a) Safe Streets Act Program.--The Criminal Justice Facility
Construction Pilot program (part F; 42 U.S.C. 3769-3769d) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is repealed.
(b) Violent Crime Control and Law Enforcement Act Programs.--The
following provisions of the Violent Crime Control and Law Enforcement
Act of 1994 are repealed:
(1) Local crime prevention block grant program.--Subtitle B of
title III (42 U.S.C. 13751-13758).
(2) Assistance for delinquent and at-risk youth.--Subtitle G of
title III (42 U.S.C. 13801-13802).
(3) Improved training and technical automation.--Subtitle E of
title XXI (42 U.S.C. 14151).
(4) Other state and local aid.--Subtitle F of title XXI (42
U.S.C. 14161).
SEC. 1155. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.
Part H of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended as follows:
(1) Notice and hearing on denial or termination of grant.--
Section 802 (42 U.S.C. 3783) of such part is amended--
(A) by striking subsections (b) and (c); and
(B) by striking ``(a)'' before ``Whenever,''.
(2) Finality of determinations.--Section 803 (42 U.S.C. 3784)
of such part is amended--
(A) by striking ``, after reasonable notice and opportunity
for a hearing,''; and
(B) by striking ``, except as otherwise provided herein''.
(3) Repeal of appellate court review.--Section 804 (42 U.S.C.
3785) of such part is repealed.
SEC. 1156. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME CONTROL
AND SAFE STREETS ACT OF 1968.
Section 901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791) is amended as follows:
(1) Indian tribe.--Subsection (a)(3)(C) of such section is
amended by striking ``(as that term is defined in section 103 of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5603))''.
(2) Combination.--Subsection (a)(5) of such section is amended
by striking ``program or project'' and inserting ``program, plan,
or project''.
(3) Neighborhood or community-based organizations.--Subsection
(a)(11) of such section is amended by striking ``which'' and
inserting ``, including faith-based, that''.
(4) Indian tribe; private person.--Subsection (a) of such
section is further amended--
(A) in paragraph (24) by striking ``and'' at the end;
(B) in paragraph (25) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(26) the term `Indian Tribe' has the meaning given the term
`Indian tribe' in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)); and
``(27) the term `private person' means any individual
(including an individual acting in his official capacity) and any
private partnership, corporation, association, organization, or
entity (or any combination thereof).''.
SEC. 1157. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO
PRISONERS FOR HEALTH CARE ITEMS AND SERVICES.
Section 4006 of title 18, United States Code, is amended--
(1) in subsection (a) by inserting after ``The Attorney
General'' the following: ``or the Secretary of Homeland Security,
as applicable,''; and
(2) in subsection (b)(1)--
(A) by striking ``the Immigration and Naturalization
Service'' and inserting ``the Department of Homeland
Security'';
(B) by striking ``shall not exceed the lesser of the
amount'' and inserting ``shall be the amount billed, not to
exceed the amount'';
(C) by striking ``items and services'' and all that follows
through ``the Medicare program'' and inserting ``items and
services under the Medicare program''; and
(D) by striking ``; or'' and all that follows through the
period at the end and inserting a period.
SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 104, as
added by section 211 of this Act, the following new section:
``SEC. 105. 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 program assessments of, take actions to ensure
compliance with the terms of, and manage information with respect
to, grants under programs covered by subsection (b). The Director
shall take special conditions of the grant into account and consult
with the office that issued those conditions to ensure appropriate
compliance.
``(3) Exclusivity.--The Office shall be the exclusive element
of the Department of Justice, other than the Inspector General,
performing functions and activities for the purpose specified in
paragraph (2). There are hereby transferred to the Office all
functions and activities, other than functions and activities of
the Inspector General, for such purpose performed immediately
before the date of the enactment of this Act by any other element
of the Department.
``(b) Covered Programs.--The programs referred to in subsection (a)
are the following:
``(1) The program under part Q of this title.
``(2) Any grant program carried out by the Office of Justice
Programs.
``(3) Any other grant program carried out by the Department of
Justice that the Attorney General considers appropriate.
``(c) Program Assessments Required.--
``(1) In general.--The Director shall select grants awarded
under the programs covered by subsection (b) and carry out program
assessments on such grants. In selecting such grants, the Director
shall ensure that the aggregate amount awarded under the grants so
selected represent not less than 10 percent of the aggregate amount
of money awarded under all such grant programs.
``(2) Relationship to nij evaluations.--This subsection does
not affect the authority or duty of the Director of the National
Institute of Justice to carry out overall evaluations of programs
covered by subsection (b), except that such Director shall consult
with the Director of the Office in carrying out such evaluations.
``(3) Timing of program assessments.--The program assessment
required by paragraph (1) of a grant selected under paragraph (1)
shall be carried out--
``(A) not later than the end of the grant period, if the
grant period is not more than 1 year; and
``(B) at the end of each year of the grant period, if the
grant period is more than 1 year.
``(d) Compliance Actions Required.--The Director shall take such
actions to ensure compliance with the terms of a grant as the Director
considers appropriate with respect to each grant that the Director
determines (in consultation with the head of the element of the
Department of Justice concerned), through a program assessment under
subsection (a) or other means, is not in compliance with such terms. In
the case of a misuse of more than 1 percent of the grant amount
concerned, the Director shall, in addition to any other action to
ensure compliance that the Director considers appropriate, ensure that
the entity responsible for such misuse ceases to receive any funds
under any program covered by subsection (b) until such entity repays to
the Attorney General an amount equal to the amounts misused. The
Director may, in unusual circumstances, grant relief from this
requirement to ensure that an innocent party is not punished.
``(e) Grant Management System.--The Director shall establish and
maintain, in consultation with the chief information officer of the
Office, a modern, automated system for managing all information
relating to the grants made under the programs covered by subsection
(b).
``(f) Availability of Funds.--Not to exceed 3 percent of all
funding made available for a fiscal year for the programs covered by
subsection (b) shall be reserved for the Office of Audit, Assessment
and Management for the activities authorized by this section.''.
(b) Effective Date.--This section and the amendment made by this
section take effect 90 days after the date of the enactment of this
Act.
SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 105, as
added by section 248 of this Act, the following new section:
``SEC. 106. 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 3 percent of all
funding made available for a fiscal year for the programs covered by
section 105(b) shall be reserved for the Community Capacity Development
Office for the activities authorized by this section.''.
(b) Effective Date.--This section and the amendment made by this
section take effect 90 days after the date of the enactment of this
Act.
SEC. 1160. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 106, as
added by section 249 of this Act, the following new section:
``SEC. 107. DIVISION OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
``(a) Establishment.--There is established within the Office of
Science and Technology, the Division of Applied Law Enforcement
Technology, headed by an individual appointed by the Attorney General.
The purpose of the Division shall be to provide leadership and focus to
those grants of the Department of Justice that are made for the purpose
of using or improving law enforcement computer systems.
``(b) Duties.--In carrying out the purpose of the Division, the
head of the Division shall--
``(1) establish clear minimum standards for computer systems
that can be purchased using amounts awarded under such grants; and
``(2) ensure that recipients of such grants use such systems to
participate in crime reporting programs administered by the
Department, such as Uniform Crime Reports or the National Incident-
Based Reporting System.''.
(b) 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. 1161. AVAILABILITY OF FUNDS FOR GRANTS.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 107, as
added by section 250 of this Act, the following new section:
``SEC. 108. 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. 1162. 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,
2006, and shall be carried out by the Office of Administration,
in consultation with the Chief Information Officer and the
Office of Audit, Assessment, and Management.
SEC. 1163. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE GRANT
PROGRAM.
(a) In General.--Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out a
single grant program under which the Attorney General makes grants to
States, units of local government, Indian tribal governments, other
public and private entities, and multi-jurisdictional or regional
consortia for the purposes described in subsection (b).'';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and in
that subsection--
(A) by striking ``additional grant projects.--Grants made
under subsection (a) may include programs, projects, and other
activities to--'' and inserting ``uses of grant amounts.--The
purposes for which grants made under subsection (a) may be made
are--'';
(B) by redesignating paragraphs (1) through (12) as
paragraphs (6) through (17), respectively;
(C) by inserting before paragraph (6) (as so redesignated)
the following new paragraphs:
``(1) rehire law enforcement officers who have been laid off as
a result of State and local budget reductions for deployment in
community-oriented policing;
``(2) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across the
Nation;
``(3) procure equipment, technology, or support systems, or pay
overtime, to increase the number of officers deployed in community-
oriented policing;
``(4) award grants to pay for offices hired to perform
intelligence, anti-terror, or homeland security duties;''; and
(D) by amending paragraph (9) (as so redesignated) to read
as follows:
``(9) develop new technologies, including interoperable
communications technologies, modernized criminal record technology,
and forensic technology, to assist State and local law enforcement
agencies in reorienting the emphasis of their activities from
reacting to crime to preventing crime and to train law enforcement
officers to use such technologies;'';
(4) by redesignating subsections (e) through (k) as subsections
(c) through (i), respectively; and
(5) in subsection (c) (as so redesignated) by striking
``subsection (i)'' and inserting ``subsection (g)''.
(b) Conforming Amendment.--Section 1702 of title I of such Act (42
U.S.C. 3796dd-1) is amended in subsection (d)(2) by striking ``section
1701(d)'' and inserting ``section 1701(b)''.
(c) Authorization of Appropriations.--Section 1001(a)(11) of title
I of such Act (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A) by striking ``expended--'' and all that
follows through ``2000'' and inserting ``expended $1,047,119,000
for each of fiscal years 2006 through 2009''; and
(2) in subparagraph (B)--
(A) by striking ``section 1701(f)'' and inserting ``section
1701(d)''; and
(B) by striking the third sentence.
SEC. 1164. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS UNDER PUBLIC
SAFETY OFFICERS' DEATH BENEFITS PROGRAMS.
(a) Persons Eligible for Death Benefits.--Section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b),
as most recently amended by section 2(a) of the Mychal Judge Police and
Fire Chaplains Public Safety Officers' Benefit Act of 2002 (Public Law
107-196; 116 Stat. 719), is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs (8)
and (9), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) `member of a rescue squad or ambulance crew' means an
officially recognized or designated public employee member of a
rescue squad or ambulance crew;''; and
(3) in paragraph (4) by striking ``and'' and all that follows
through the end and inserting a semicolon.
(4) in paragraph (6) by striking ``enforcement of the laws''
and inserting ``enforcement of the criminal laws (including
juvenile delinquency).''.
(b) Clarification of Limitation on Payments in Non-Civilian
Cases.--Section 1202(5) of such Act (42 U.S.C. 3796a(5)) is amended by
inserting ``with respect'' before ``to any individual''.
(c) Waiver of Collection in Certain Cases.--Section 1201 of such
Act (42 U.S.C. 3796) is amended by adding at the end the following:
``(m) The Bureau may suspend or end collection action on an amount
disbursed pursuant to a statute enacted retroactively or otherwise
disbursed in error under subsection (a) or (c), where such collection
would be impractical, or would cause undue hardship to a debtor who
acted in good faith.''.
(d) Designation of Beneficiary.--Section 1201(a)(4) of such Act (42
U.S.C. 3796(a)(4)) is amended to read as follows:
``(4) if there is no surviving spouse or surviving child--
``(A) in the case of a claim made on or after the date that
is 90 days after the date of the enactment of this
subparagraph, to the individual designated by such officer as
beneficiary under this section in such officer's most recently
executed designation of beneficiary on file at the time of
death with such officer's public safety agency, organization,
or unit, provided that such individual survived such officer;
or
``(B) if there is no individual qualifying under
subparagraph (A), to the individual designated by such officer
as beneficiary under such officer's most recently executed life
insurance policy on file at the time of death with such
officer's public safety agency, organization, or unit, provided
that such individual survived such officer; or''.
(e) Confidentiality.--Section 1201(1)(a) of such Act (42 U.S.C.
3796(a)) is amended by adding at the end the following:
``(6) The public safety agency, organization, or unit
responsible for maintaining on file an executed designation of
beneficiary or recently executed life insurance policy pursuant to
paragraph (4) shall maintain the confidentiality of such
designation or policy in the same manner as it maintains personnel
or other similar records of the officer.''.
SEC. 1165. PRE-RELEASE AND POST-RELEASE PROGRAMS FOR JUVENILE
OFFENDERS.
Section 1801(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796ee(b)) is amended--
(1) in paragraph (15) by striking ``or'' at the end;
(2) in paragraph (16) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(17) establishing, improving, and coordinating pre-release
and post-release systems and programs to facilitate the successful
reentry of juvenile offenders from State or local custody in the
community.''.
SEC. 1166. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANTS.
Section 1810(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-10(a)) is amended by striking ``2002 through
2005'' and inserting ``2006 through 2009''.
SEC. 1167. SEX OFFENDER MANAGEMENT.
Section 40152 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and
inserting the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2006 through 2010.''.
SEC. 1168. EVIDENCE-BASED APPROACHES.
Section 1802 of the Omnibus Crime Control and Safe Streets Act of
1968 is amended--
(1) in subsection (a)(1)(B) by inserting ``, including the
extent to which evidence-based approaches are utilized'' after
``part''; and
(2) in subsection (b)(1)(A)(ii) by inserting ``, including the
extent to which evidence-based approaches are utilized'' after
``part''.
SEC. 1169. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR SCHOOL
SECURITY.
(a) In General.--Section 2705 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797e) is amended by striking ``2003''
and inserting ``2009''.
(b) Program to Remain Under COPS Office.--Section 2701 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a) is
amended in subsection (a) by inserting after ``The Attorney General''
the following: ``, acting through the Office of Community Oriented
Policing Services,''.
SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE'S LAW.
Section 2001 of division C, Public Law 106-386 (42 U.S.C. 13713),
is amended--
(1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1),
and (g) by striking the first upper-case letter after the heading
and inserting a lower case letter of such letter and the following:
``Pursuant to regulations promulgated by the Attorney General
hereunder,'';
(2) in subsection (c), paragraphs (1) and (2), respectively,
by--
(A) striking ``a State'', the first place it appears, and
inserting ``a criminal-records-reporting State''; and
(B) striking ``(3),'' and all that follows through
``subsequent offense'' and inserting ``(3), it may, under
subsection (d), apply to the Attorney General for $10,000, for
its related apprehension and prosecution costs, and $22,500 per
year (up to a maximum of 5 years), for its related
incarceration costs with both amounts for costs adjusted
annually for the rate of inflation'';
(3) in subsection (c)(3), by--
(A) striking ``if--'' and inserting ``unless--'';
(B) striking--
(i) ``average'';
(ii) ``individuals convicted of the offense for
which,''; and
(iii) ``convicted by the State is''; and
(C) inserting ``not'' before ``less'' each place it
appears.
(4) in subsections (d) and (e), respectively, by striking
``transferred'';
(5) in subsection (e)(1), by--
(A) inserting ``pursuant to section 506 of the Omnibus
Crime Control and Safe Streets Act of 1968'' before ``that'';
and
(B) striking the last sentence and inserting ``No amount
described under this section shall be subject to section
3335(b) or 6503(d) of title 31, United States Code''.;
(6) in subsection (i)(1), by striking ``State-'' and inserting
``State (where practicable)-''; and
(7) by striking subsection (i)(2) and inserting:
``(2) Report.--The Attorney General shall submit to Congress--
``(A) a report, by not later than 6 months after the date
of enactment of this Act, that provides national estimates of
the nature and extent of recidivism (with an emphasis on
interstate recidivism) by State inmates convicted of murder,
rape, and dangerous sexual offenses;
``(B) a report, by not later than October 1, 2007, and
October 1 of each year thereafter, that provides statistical
analysis and criminal history profiles of interstate
recidivists identified in any State applications under this
section; and
``(C) reports, at regular intervals not to exceed every
five years, that include the information described in paragraph
(1).''.
Subtitle C--MISCELLANEOUS PROVISIONS
SEC. 1171. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107-56.
(a) Striking Surplus Words.--
(1) Section 2703(c)(1) of title 18, United States Code, is
amended by striking ``or'' at the end of subparagraph (C).
(2) Section 1960(b)(1)(C) of title 18, United States Code, is
amended by striking ``to be used to be used'' and inserting ``to be
used''.
(b) Punctuation and Grammar Corrections.--Section 2516(1)(q) of
title 18, United States Code, is amended--
(1) by striking the semicolon after the first close
parenthesis; and
(2) by striking ``sections'' and inserting ``section''.
(c) Cross Reference Correction.--Section 322 of Public Law 107-56
is amended, effective on the date of the enactment of that section, by
striking ``title 18'' and inserting ``title 28''.
SEC. 1172. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Table of Sections Omission.--The table of sections at the
beginning of chapter 203 of title 18, United States Code, is amended by
inserting after the item relating to section 3050 the following new
item:
``3051. Powers of Special Agents of Bureau of Alcohol, Tobacco,
Firearms, and Explosives''.
(b) Repeal of Duplicative Program.--Section 316 of Part A of the
Runaway and Homeless Youth Act (42 U.S.C. 5712d), as added by section
40155 of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322; 108 Stat. 1922), is repealed.
(c) Repeal of Provision Relating to Unauthorized Program.--Section
20301 of Public Law 103-322 is amended by striking subsection (c).
SEC. 1173. USE OF FEDERAL TRAINING FACILITIES.
(a) Federal Training Facilities.--Unless authorized in writing by
the Attorney General, or the Assistant Attorney General for
Administration, if so delegated by the Attorney General, the Department
of Justice (and each entity within it) shall use for any predominantly
internal training or conference meeting only a facility that does not
require a payment to a private entity for use of the facility.
(b) Annual Report.--The Attorney General shall prepare an annual
report to the Chairmen and ranking minority members of the Committees
on the Judiciary of the Senate and of the House of Representatives that
details each training and conference meeting that requires specific
authorization under subsection (a). The report shall include an
explanation of why the facility was chosen, and a breakdown of any
expenditures incurred in excess of the cost of conducting the training
or meeting at a facility that did not require such authorization.
SEC. 1174. 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 advising the Attorney General regarding--
(1) appropriate privacy protections, relating to the
collection, storage, use, disclosure, and security of personally
identifiable information, with respect to the Department's existing
or proposed information technology and information systems;
(2) privacy implications of legislative and regulatory
proposals affecting the Department and involving the collection,
storage, use, disclosure, and security of personally identifiable
information;
(3) implementation of policies and procedures, including
appropriate training and auditing, to ensure the Department's
compliance with privacy-related laws and policies, including
section 552a of title 5, United States Code, and Section 208 of the
E-Government Act of 2002 (Public Law 107-347);
(4) ensuring that adequate resources and staff are devoted to
meeting the Department's privacy-related functions and obligations;
(5) appropriate notifications regarding the Department's
privacy policies and privacy-related inquiry and complaint
procedures; and
(6) privacy-related reports from the Department to Congress and
the President.
(c) Review of Privacy Related Functions, Resources, and Report.--
Within 120 days of his designation, the privacy official shall prepare
a comprehensive report to the Attorney General and to the Committees on
the Judiciary of the House of Representatives and of the Senate,
describing the organization and resources of the Department with
respect to privacy and related information management functions,
including access, security, and records management, assessing the
Department's current and future needs relating to information privacy
issues, and making appropriate recommendations regarding the
Department's organizational structure and personnel.
(d) Annual Report.--The privacy official shall submit a report to
the Committees on the Judiciary of the House of Representatives and of
the Senate on an annual basis on activities of the Department that
affect privacy, including a summary of complaints of privacy
violations, implementation of section 552a of title 5, United States
Code, internal controls, and other relevant matters.
SEC. 1175. BANKRUPTCY CRIMES.
The Director of the Executive Office for United States Trustees
shall prepare an annual report to the Congress detailing--
(1) the number and types of criminal referrals made by the
United States Trustee Program;
(2) the outcomes of each criminal referral;
(3) for any year in which the number of criminal referrals is
less than for the prior year, an explanation of the decrease; and
(4) the United States Trustee Program's efforts to prevent
bankruptcy fraud and abuse, particularly with respect to the
establishment of uniform internal controls to detect common, higher
risk frauds, such as a debtor's failure to disclose all assets.
SEC. 1176. REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR
RESIDENTS DETAINED ON SUSPICION OF TERRORISM.
Not less often than once every 12 months, the Attorney General
shall submit to Congress a report on the status of United States
persons or residents detained, as of the date of the report, on
suspicion of terrorism. The report shall--
(1) specify the number of persons or residents so detained; and
(2) specify the standards developed by the Department of
Justice for recommending or determining that a person should be
tried as a criminal defendant or should be designated as an enemy
combatant.
SEC. 1177. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL
ABUSE OFFENSES IN CORRECTIONAL FACILITIES.
(a) Expanded Jurisdiction.--The following provisions of title 18,
United States Code, are each amended by inserting ``or in any prison,
institution, or facility in which persons are held in custody by
direction of or pursuant to a contract or agreement with the Attorney
General'' after ``in a Federal prison,'':
(1) Subsections (a) and (b) of section 2241.
(2) The first sentence of subsection (c) of section 2241.
(3) Section 2242.
(4) Subsections (a) and (b) of section 2243.
(5) Subsections (a) and (b) of section 2244.
(b) Increased Penalties.--
(1) Sexual abuse of a ward.--Section 2243(b) of such title is
amended by striking ``one year'' and inserting ``five years''.
(2) Abusive sexual contact.--Section 2244 of such title is
amended by striking ``six months'' and inserting ``two years'' in
each of subsections (a)(4) and (b).
SEC. 1178. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN
CORRECTIONAL FACILITIES.
Section 1791(d)(4) of title 18, United States Code, is amended by
inserting ``or any prison, institution, or facility in which persons
are held in custody by direction of or pursuant to a contract or
agreement with the Attorney General'' after ``penal facility''.
SEC. 1179. MAGISTRATE JUDGE'S AUTHORITY TO CONTINUE PRELIMINARY
HEARING.
The second sentence of section 3060(c) of title 18, United States
Code, is amended to read as follows: ``In the absence of such consent
of the accused, the judge or magistrate judge may extend the time
limits only on a showing that extraordinary circumstances exist and
justice requires the delay.''.
SEC. 1180. TECHNICAL CORRECTIONS RELATING TO STEROIDS.
Section 102(41)(A) of the Controlled Substances Act (21 U.S.C.
802(41)(A)), as amended by the Anabolic Steroid Control Act of 2004
(Public law 108-358), is amended by--
(1) striking clause (xvii) and inserting the following:
``(xvii) 13b-ethyl-17b-hydroxygon-4-en-3-one;''; and
(2) striking clause (xliv) and inserting the following:
``(xliv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
eno[3,2-c]-pyrazole);''.
SEC. 1181. PRISON RAPE COMMISSION EXTENSION.
Section 7 of the Prison Rape Elimination Act of 2003 (42 U.S.C.
15606) is amended in subsection (d)(3)(A) by striking ``2 years'' and
inserting ``3 years''.
SEC. 1182. LONGER STATUTE OF LIMITATION FOR HUMAN TRAFFICKING-RELATED
OFFENSES.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 3298. Trafficking-related offenses
``No person shall be prosecuted, tried, or punished for any non-
capital offense or conspiracy to commit a non-capital offense under
section 1581 (Peonage; Obstructing Enforcement), 1583 (Enticement into
Slavery), 1584 (Sale into Involuntary Servitude), 1589 (Forced Labor),
1590 (Trafficking with Respect to Peonage, Slavery, Involuntary
Servitude, or Forced Labor), or 1592 (Unlawful Conduct with Respect to
Documents in furtherance of Trafficking, Peonage, Slavery, Involuntary
Servitude, or Forced Labor) of this title or under section 274(a) of
the Immigration and Nationality Act unless the indictment is found or
the information is instituted not later than 10 years after the
commission of the offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3298. Trafficking-related offenses''.
(c) Modification of Statute Applicable to Offense Against
Children.--Section 3283 of title 18, United States Code, is amended by
inserting ``, or for ten years after the offense, whichever is longer''
after ``of the child''.
SEC. 1183. USE OF CENTER FOR CRIMINAL JUSTICE TECHNOLOGY.
(a) In General.--The Attorney General may use the services of the
Center for Criminal Justice Technology, a nonprofit ``center of
excellence'' that provides technology assistance and expertise to the
criminal justice community.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section the
following amounts, to remain available until expended:
(1) $7,500,000 for fiscal year 2006.
(2) $7,500,000 for fiscal year 2007.
(3) $10,000,000 for fiscal year 2008.
SEC. 1184. SEARCH GRANTS.
(a) In General.--Pursuant to subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968, the Attorney
General may make grants to SEARCH, the National Consortium for Justice
Information and Statistics, to carry out the operations of the National
Technical Assistance and Training Program.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$4,000,000 for each of fiscal years 2006 through 2009.
SEC. 1185. REAUTHORIZATION OF LAW ENFORCEMENT TRIBUTE ACT.
Section 11001 of Public Law 107-273 (42 U.S.C. 15208; 116 Stat.
1816) is amended in subsection (i) by striking ``2006'' and inserting
``2009''.
SEC. 1186. AMENDMENT REGARDING BULLYING AND GANGS.
Paragraph (13) of section 1801(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amended to read as
follows:
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety, which programs
may include research-based bullying, cyberbullying, and gang
prevention programs;''.
SEC. 1187. TRANSFER OF PROVISIONS RELATING TO THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES.
(a) Organizational Provision.--Part II of title 28, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 40A--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
``Sec.
``599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives
``599B. Personnel management demonstration project''.
(b) Transfer of Provisions.--The section heading for, and
subsections (a), (b), (c)(1), and (c)(3) of, section 1111, and section
1115, of the Homeland Security Act of 2002 (6 U.S.C. 531(a), (b),
(c)(1), and (c)(3), and 533) 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
2599A''...........................................................
SEC. 1188. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND TRAINING
PROJECTS PROGRAM.
Section 32401(b) of the Violent Crime Control Act of 1994 (42
U.S.C. 13921(b)) is amended by striking paragraphs (1) through (6) and
inserting the following:
``(1) $20,000,000 for fiscal year 2006;
``(2) $20,000,000 for fiscal year 2007;
``(3) $20,000,000 for fiscal year 2008;
``(4) $20,000,000 for fiscal year 2009; and
``(5) $20,000,000 for fiscal year 2010.''.
SEC. 1189. NATIONAL TRAINING CENTER.
(a) In General.--The Attorney General may use the services of the
National Training Center in Sioux City, Iowa, to utilize a national
approach to bring communities and criminal justice agencies together to
receive training to control the growing national problem of
methamphetamine, poly drugs and their associated crimes. The National
Training Center in Sioux City, Iowa, seeks a comprehensive approach to
control and reduce methamphetamine trafficking, production and usage
through training.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section the
following amounts, to remain available until expended:
(1) $2,500,000 for fiscal year 2006.
(2) $3,000,000 for fiscal year 2007.
(3) $3,000,000 for fiscal year 2008.
(4) $3,000,000 for fiscal year 2009.
SEC. 1190. SENSE OF CONGRESS RELATING TO ``GOOD TIME'' RELEASE.
It is the sense of Congress that it is important to study the
concept of implementing a ``good time'' release program for non-violent
criminals in the Federal prison system.
SEC. 1191. PUBLIC EMPLOYEE UNIFORMS.
(a) In General.--Section 716 of title 18, United States Code, is
amended--
(1) by striking ``police badge'' each place it appears in
subsections (a) and (b) and inserting ``official insignia or
uniform'';
(2) in each of paragraphs (2) and (4) of subsection (a), by
striking ``badge of the police'' and inserting ``official insignia
or uniform'';
(3) in subsection (b)--
(A) by striking ``the badge'' and inserting ``the insignia
or uniform'';
(B) by inserting ``is other than a counterfeit insignia or
uniform and'' before ``is used or is intended to be used''; and
(C) by inserting ``is not used to mislead or deceive, or''
before ``is used or intended'';
(4) in subsection (c)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and'';
(C) by adding at the end the following:
``(3) the term `official insignia or uniform' means an article
of distinctive clothing or insignia, including a badge, emblem or
identification card, that is an indicium of the authority of a
public employee;
``(4) the term `public employee' means any officer or employee
of the Federal Government or of a State or local government; and
``(5) the term `uniform' means distinctive clothing or other
items of dress, whether real or counterfeit, worn during the
performance of official duties and which identifies the wearer as a
public agency employee.''; and
(5) by adding at the end the following:
``(d) It is a defense to a prosecution under this section that the
official insignia or uniform is not used or intended to be used to
mislead or deceive, or is a counterfeit insignia or uniform and is used
or is intended to be used exclusively--
``(1) for a dramatic presentation, such as a theatrical, film,
or television production; or
``(2) for legitimate law enforcement purposes.''; and
(6) in the heading for the section, by striking ``police
badges'' and inserting ``public employee insignia and uniform''.
(b) Conforming Amendment to Table of Sections.--The item in the
table of sections at the beginning of chapter 33 of title 18, United
States Code, relating to section 716 is amended by striking ``Police
badges'' and inserting ``Public employee insignia and uniform''.
(c) Direction to Sentencing Commission.--The United States
Sentencing Commission is directed to make appropriate amendments to
sentencing guidelines, policy statements, and official commentary to
assure that the sentence imposed on a defendant who is convicted of a
Federal offense while wearing or displaying insignia and uniform
received in violation of section 716 of title 18, United States Code,
reflects the gravity of this aggravating factor.
SEC. 1192. OFFICIALLY APPROVED POSTAGE.
Section 475 of title 18, United States Code, is amended by adding
at the end the following: ``Nothing in this section applies to evidence
of postage payment approved by the United States Postal Service.''.
SEC. 1193. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
In addition to any other amounts authorized by law, there are
authorized to be appropriated for grants to the American Prosecutors
Research Institute under section 214A of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13003) $7,500,000 for each of fiscal years 2006
through 2010.
SEC. 1194. ASSISTANCE TO COURTS.
The chief judge of each United States district court is encouraged
to cooperate with requests from State and local authorities whose
operations have been significantly disrupted as a result of Hurricane
Katrina or Hurricane Rita to provide accommodations in Federal
facilities for State and local courts to conduct their proceedings.
SEC. 1195. STUDY AND REPORT ON CORRELATION BETWEEN SUBSTANCE ABUSE AND
DOMESTIC VIOLENCE AT DOMESTIC VIOLENCE SHELTERS.
The Secretary of Health and Human Services shall carry out a study
on the correlation between a perpetrator's drug and alcohol abuse and
the reported incidence of domestic violence at domestic violence
shelters. The study shall cover fiscal years 2006 through 2008. Not
later than February 2009, the Secretary shall submit to Congress a
report on the results of the study.
SEC. 1196. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Authorization of Appropriations.--Section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is amended by
striking ``appropriated'' and all that follows through the period and
inserting the following: ``appropriated to carry out this subsection--
``(A) $750,000,000 for fiscal year 2006;
``(B) $850,000,000 for fiscal year 2007; and
``(C) $950,000,000 for each of the fiscal years 2008
through 2011.''.
(b) Limitation on Use of Funds.--Section 241(i)(6) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is amended to
read as follows:
``(6) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (5) that are distributed to a State or
political subdivision of a State, including a municipality, may be
used only for correctional purposes.''.
(c) Study and Report on State and Local Assistance in Incarcerating
Undocumented Criminal Aliens.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the United States
Department of Justice shall perform a study, and report to the
Committee on the Judiciary of the United States House of
Representatives and the Committee on the Judiciary of the United
States Senate on the following:
(A) Whether there are States, or political subdivisions of
a State, that have received compensation under section 241(i)
of the Immigration and Nationality Act (8 U.S.C. 1231(i)) and
are not fully cooperating in the Department of Homeland
Security's efforts to remove from the United States
undocumented criminal aliens (as defined in paragraph (3) of
such section).
(B) Whether there are States, or political subdivisions of
a State, that have received compensation under section 241(i)
of the Immigration and Nationality Act (8 U.S.C. 1231(i)) and
that have in effect a policy that violates section 642 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373).
(C) The number of criminal offenses that have been
committed by aliens unlawfully present in the United States
after having been apprehended by States or local law
enforcement officials for a criminal offense and subsequently
being released without being referred to the Department of
Homeland Security for removal from the United States.
(D) The number of aliens described in subparagraph (C) who
were released because the State or political subdivision lacked
space or funds for detention of the alien.
(2) Identification.--In the report submitted under paragraph
(1), the Inspector General of the United States Department of
Justice--
(A) shall include a list identifying each State or
political subdivision of a State that is determined to be
described in subparagraph (A) or (B) of paragraph (1); and
(B) shall include a copy of any written policy determined
to be described in subparagraph (B).
SEC. 1197. EXTENSION OF CHILD SAFETY PILOT PROGRAM.
Section 108 of the PROTECT Act (42 U.S.C. 5119a note) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(B), by striking ``A volunteer
organization in a participating State may not submit background
check requests under paragraph (3).'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``a 30-month'' and
inserting ``a 60-month'';
(ii) in subparagraph (A), by striking ``100,000'' and
inserting ``200,000''; and
(iii) by striking subparagraph (B) and inserting the
following:
``(B) Participating organizations.--
``(i) Eligible organizations.--Eligible organizations
include--
``(I) the Boys and Girls Clubs of America;
``(II) the MENTOR/National Mentoring Partnership;
``(III) the National Council of Youth Sports; and
``(IV) any nonprofit organization that provides
care, as that term is defined in section 5 of the
National Child Protection Act of 1993 (42 U.S.C.
5119c), for children.
``(ii) Pilot program.--The eligibility of an
organization described in clause (i)(IV) to participate in
the pilot program established under this section shall be
determined by the National Center for Missing and Exploited
Children, with the rejection or concurrence within 30 days
of the Attorney General, according to criteria established
by such Center, including the potential number of
applicants and suitability of the organization to the
intent of this section. If the Attorney General fails to
reject or concur within 30 days, the determination of the
National Center for Missing and Exploited Children shall be
conclusive.'';
(iv) by striking subparagraph (C) and inserting the
following:
``(C) Applicants from participating organizations.--
Participating organizations may request background checks on
applicants for positions as volunteers and employees who will
be working with children or supervising volunteers.'';
(v) in subparagraph (D), by striking ``the
organizations described in subparagraph (C)'' and inserting
``participating organizations''; and
(vi) in subparagraph (F), by striking ``14 business
days'' and inserting ``10 business days'';
(2) in subsection (c)(1), by striking ``and 2005'' and
inserting ``through 2008''; and
(3) in subsection (d)(1), by adding at the end the following:
``(O) The extent of participation by eligible organizations
in the state pilot program.''.
SEC. 1198. TRANSPORTATION AND SUBSISTENCE FOR SPECIAL SESSIONS OF
DISTRICT COURTS.
(a) Transportation and Subsistence.--Section 141(b) of title 28,
United States Code, as added by section 2(b) of Public Law 109-63, is
amended by adding at the end the following:
``(5) If a district court issues an order exercising its authority
under paragraph (1), the court shall direct the United States marshal
of the district where the court is meeting to furnish transportation
and subsistence to the same extent as that provided in sections 4282
and 4285 of title 18.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out paragraph (5)
of section 141(b) of title 28, United States Code, as added by
subsection (a) of this section.
SEC. 1199. YOUTH VIOLENCE REDUCTION DEMONSTRATION PROJECTS.
(a) Establishment of Youth Violence Reduction Demonstration
Projects.--
(1) In general.--The Attorney General shall make up to 5 grants
for the purpose of carrying out Youth Violence Demonstration
Projects to reduce juvenile and young adult violence, homicides,
and recidivism among high-risk populations.
(2) Eligible entities.--An entity is eligible for a grant under
paragraph (1) if it is a unit of local government or a combination
of local governments established by agreement for purposes of
undertaking a demonstration project.
(b) Selection of Grant Recipients.--
(1) Awards.--The Attorney General shall award grants for Youth
Violence Reduction Demonstration Projects on a competitive basis.
(2) Amount of awards.--No single grant award made under
subsection (a) shall exceed $15,000,000 per fiscal year.
(3) Application.--An application for a grant under paragraph
(1) shall be submitted to the Attorney General in such a form, and
containing such information and assurances, as the Attorney General
may require, and at a minimum shall propose--
(A) a program strategy targeting areas with the highest
incidence of youth violence and homicides;
(B) outcome measures and specific objective indicia of
performance to assess the effectiveness of the program; and
(C) a plan for evaluation by an independent third party.
(4) Distribution.--In making grants under this section, the
Attorney General shall ensure the following:
(A) No less than 1 recipient is a city with a population
exceeding 1,000,000 and an increase of at least 30 percent in
the aggregated juvenile and young adult homicide victimization
rate during calendar year 2005 as compared to calendar year
2004.
(B) No less than one recipient is a nonmetropolitan county
or group of counties with per capita arrest rates of juveniles
and young adults for serious violent offenses that exceed the
national average for nonmetropolitan counties by at least 5
percent.
(5) Criteria.--In making grants under this section, the
Attorney General shall give preference to entities operating
programs that meet the following criteria:
(A) A program focusing on--
(i) reducing youth violence and homicides, with an
emphasis on juvenile and young adult probationers and other
juveniles and young adults who have had or are likely to
have contact with the juvenile justice system;
(ii) fostering positive relationships between program
participants and supportive adults in the community; and
(iii) accessing comprehensive supports for program
participants through coordinated community referral
networks, including job opportunities, educational
programs, counseling services, substance abuse programs,
recreational opportunities, and other services.
(B) A program goal of almost daily contacts with and
supervision of participating juveniles and young adults through
small caseloads and a coordinated team approach among case
managers drawn from the community, probation officers, and
police officers.
(C) The use of existing structures, local government
agencies, and nonprofit organizations to operate the program.
(D) Inclusion in program staff of individuals who live or
have lived in the community in which the program operates; have
personal experiences or cultural competency that build
credibility in relationships with program participants; and
will serve as a case manager, intermediary, and mentor.
(E) Fieldwork and neighborhood outreach in communities
where the young violent offenders live, including support of
the program from local public and private organizations and
community members.
(F) Imposition of graduated probation sanctions to deter
violent and criminal behavior.
(G) A record of program operation and effectiveness
evaluation over a period of at least five years prior to the
date of enactment of this Act.
(H) A program structure that can serve as a model for other
communities in addressing the problem of youth violence and
juvenile and young adult recidivism.
(c) Authorized Activities.--Amounts paid to an eligible entity
under a grant award may be used for the following activities:
(1) Designing and enhancing program activities.
(2) Employing and training personnel.
(3) Purchasing or leasing equipment.
(4) Providing services and training to program participants and
their families.
(5) Supporting related law enforcement and probation
activities, including personnel costs.
(6) Establishing and maintaining a system of program records.
(7) Acquiring, constructing, expanding, renovating, or
operating facilities to support the program.
(8) Evaluating program effectiveness.
(9) Undertaking other activities determined by the Attorney
General as consistent with the purposes and requirements of the
demonstration program.
(d) Evaluation and Reports.--
(1) Independent evaluation.--The Attorney General may use up to
$500,000 of funds appropriated annually under this such section
to--
(A) prepare and implement a design for interim and overall
evaluations of performance and progress of the funded
demonstration projects;
(B) provide training and technical assistance to grant
recipients; and
(C) disseminate broadly the information generated and
lessons learned from the operation of the demonstration
projects.
(2) Reports to congress.--Not later than 120 days after the
last day of each fiscal year for which 1 or more demonstration
grants are awarded, the Attorney General shall submit to Congress a
report which shall include--
(A) a summary of the activities carried out with such
grants;
(B) an assessment by the Attorney General of the program
carried out; and
(C) such other information as the Attorney General
considers appropriate.
(e) Federal Share.--
(1) In general.--The Federal share of a grant awarded under
this Act shall not exceed 90 percent of the total program costs.
(2) Non-federal share.--The non-Federal share of such cost may
be provided in cash or in-kind.
(f) Definitions.--In this section:
(1) Unit of local government.--The term ``unit of local
government'' means a county, township, city, or political
subdivision of a county, township, or city, that is a unit of local
government as determined by the Secretary of Commerce for general
statistical purposes.
(2) Juvenile.--The term ``juvenile'' means an individual who is
17 years of age or younger.
(3) Young adult.--The term ``young adult'' means an individual
who is 18 through 24 years of age.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2007
and such sums as may be necessary for each of fiscal years 2008 through
2009, to remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.