[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3402 Reported in House (RH)]


                                                 Union Calendar No. 129
109th CONGRESS
  1st Session
                                H. R. 3402

                          [Report No. 109-233]

 To authorize appropriations for the Department of Justice for fiscal 
            years 2006 through 2009, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2005

 Mr. Sensenbrenner (for himself, Mr. Conyers, Ms. Ginny Brown-Waite of 
Florida, Mr. Green of Wisconsin, Mr. Schiff, Mr. Weiner, and Mr. Coble) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                           September 22, 2005

   Additional sponsors: Ms. Zoe Lofgren of California, Mr. Poe, Mr. 
  Bachus, Mr. Gibbons, Ms. Pryce of Ohio, Mr. Scott of Virginia, Mr. 
Cannon, Mr. Gohmert, Ms. Jackson-Lee of Texas, Mr. Nadler, Ms. Linda T. 
                 Sanchez of California, and Ms. Waters

                           September 22, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               22, 2005]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Department of Justice for fiscal 
            years 2006 through 2009, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Justice Appropriations Authorization Act, Fiscal Years 2006 through 
2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations for fiscal year 2006.
Sec. 102. Authorization of appropriations for fiscal year 2007.
Sec. 103. Authorization of appropriations for fiscal year 2008.
Sec. 104. Authorization of appropriations for fiscal year 2009.
Sec. 105. Organized retail theft.

     TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS

  Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies

Sec. 201. Merger of Byrne grant program and Local Law Enforcement Block 
                            Grant program.
Sec. 202. Clarification of number of recipients who may be selected in 
                            a given year to receive Public Safety 
                            Officer Medal of Valor.
Sec. 203. Clarification of official to be consulted by Attorney General 
                            in considering application for emergency 
                            Federal law enforcement assistance.
Sec. 204. Clarification of uses for regional information sharing system 
                            grants.
Sec. 205. Integrity and enhancement of national criminal record 
                            databases.
Sec. 206. Extension of matching grant program for law enforcement armor 
                            vests.

Subtitle B--Building Community Capacity to Prevent, Reduce, and Control 
                                 Crime

Sec. 211. Office of Weed and Seed Strategies.

                 Subtitle C--Assisting Victims of Crime

Sec. 221. Grants to local nonprofit organizations to improve outreach 
                            services to victims of crime.
Sec. 222. Clarification and enhancement of certain authorities relating 
                            to Crime Victims Fund.
Sec. 223. Amounts received under crime victim grants may be used by 
                            State for training purposes.
Sec. 224. Clarification of authorities relating to Violence Against 
                            Women formula and discretionary grant 
                            programs.
Sec. 225. Change of certain reports from annual to biennial.

                      Subtitle D--Preventing Crime

Sec. 231. Clarification of definition of violent offender for purposes 
                            of juvenile drug courts.
Sec. 232. Changes to distribution and allocation of grants for drug 
                            courts.
Sec. 233. Eligibility for grants under drug court grants program 
                            extended to courts that supervise non-
                            offenders with substance abuse problems.
Sec. 234. Term of Residential Substance Abuse Treatment program for 
                            local facilities.

                       Subtitle E--Other Matters

Sec. 241. Changes to certain financial authorities.
Sec. 242. Coordination duties of Assistant Attorney General.
Sec. 243. Simplification of compliance deadlines under sex-offender 
                            registration laws.
Sec. 244. Repeal of certain programs.
Sec. 245. Elimination of certain notice and hearing requirements.
Sec. 246. Amended definitions for purposes of Omnibus Crime Control and 
                            Safe Streets Act of 1968.
Sec. 247. Clarification of authority to pay subsistence payments to 
                            prisoners for health care items and 
                            services.
Sec. 248. Office of Audit, Assessment, and Management.
Sec. 249. Community Capacity Development Office.
Sec. 250. Office of Applied Law Enforcement Technology.
Sec. 251. Availability of funds for grants.
Sec. 252. Consolidation of financial management systems of Office of 
                            Justice Programs.
Sec. 253. Authorization and change of COPS program to single grant 
                            program.
Sec. 254. Clarification of persons eligible for benefits under Public 
                            Safety Officers' Death Benefits programs.
Sec. 255. Pre-release and post-release programs for juvenile offenders.
Sec. 256. Reauthorization of juvenile accountability block grants.
Sec. 257. Sex offender management.
Sec. 258. Evidence-based approaches.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Technical amendments relating to Public Law 107-56.
Sec. 302. Miscellaneous technical amendments.
Sec. 303. Use of Federal training facilities.
Sec. 304. Privacy officer.
Sec. 305. Bankruptcy crimes.
Sec. 306. Report to Congress on status of United States persons or 
                            residents detained on suspicion of 
                            terrorism.
Sec. 307. Increased penalties and expanded jurisdiction for sexual 
                            abuse offenses in correctional facilities.
Sec. 308. Expanded jurisdiction for contraband offenses in correctional 
                            facilities.
Sec. 309. Magistrate judge's authority to continue preliminary hearing.
Sec. 310. Technical corrections relating to steroids.
Sec. 311. Prison Rape Commission extension.
Sec. 312. Longer statute of limitation for human trafficking-related 
                            offenses.
Sec. 313. Use of Center for Criminal Justice Technology.
Sec. 314. SEARCH grants.
Sec. 315. Reauthorization of Law Enforcement Tribute Act.
Sec. 316. Amendment regarding bullying and gangs.
Sec. 317. Transfer of provisions relating to the Bureau of Alcohol, 
                            Tobacco, Firearms, and Explosives.
Sec. 318. Reauthorize the gang resistance education and training 
                            projects program.
Sec. 319. National training center.
Sec. 320. Sense of Congress relating to ``good time'' release.
Sec. 321. Police badges.
Sec. 322. Officially approved postage.

      TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005

Sec. 401. Short title.
Sec. 402. Definitions and requirements for programs relating to 
                            violence against women.

    TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                                VIOLENCE

Sec. 501. STOP grants improvements.
Sec. 502. Grants to encourage arrest and enforce protection orders 
                            improvements.
Sec. 503. Legal assistance for victims improvements.
Sec. 504. Court training and improvements.
Sec. 505. Full faith and credit improvements.
Sec. 506. Privacy protections for victims of domestic violence, dating 
                            violence, sexual violence, and stalking.
Sec. 507. Stalker database.
Sec. 508. Victim assistants for District of Columbia.
Sec. 509. Preventing cyberstalking.
Sec. 510. Repeat offender provision.
Sec. 511. Prohibiting dating violence.
Sec. 512. GAO study and report.

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

Sec. 601. Technical amendment to Violence Against Women Act.
Sec. 602. Sexual assault services program.
Sec. 603. Amendments to the rural domestic violence and child abuse 
                            enforcement assistance program.
Sec. 604. Assistance for victims of abuse.
Sec. 605. GAO study of National Domestic Violence Hotline.
Sec. 606. Grants for outreach to underserved populations.

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

Sec. 701. Services and justice for young victims of violence.
Sec. 702. Grants to combat violent crimes on campuses.
Sec. 703. Safe havens.
Sec. 704. Grants to combat domestic violence, dating violence, sexual 
                            assault, and stalking in middle and high 
                            schools.

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

Sec. 801. Preventing violence in the home.

         TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

Sec. 900. Short title; references to VAWA-2000; regulations.

                      Subtitle A--Victims of Crime

Sec. 901. Conditions applicable to U and T visas.
Sec. 902. Clarification of basis for relief under hardship waivers for 
                            conditional permanent residence.
Sec. 903. Adjustment of status for victims of trafficking.

                      Subtitle B--VAWA Petitioners

Sec. 911. Definition of VAWA petitioner.
Sec. 912. Self-petitioning for children.
Sec. 913. Self-petitioning parents.
Sec. 914. Promoting consistency in VAWA adjudications.
Sec. 915. Relief for certain victims pending actions on petitions and 
                            applications for relief.
Sec. 916. Access to VAWA protection regardless of manner of entry.
Sec. 917. Eliminating abusers' control over applications for 
                            adjustments of status.
Sec. 918. Parole for VAWA petitioners and for derivatives of 
                            trafficking victims.
Sec. 919. Exemption of victims of domestic violence, sexual assault and 
                            trafficking from sanctions for failure to 
                            depart voluntarily.
Sec. 920. Clarification of access to naturalization for victims of 
                            domestic violence.
Sec. 921. Prohibition of adverse determinations of admissibility or 
                            deportability based on protected 
                            information.
Sec. 922. Information for K nonimmigrants about legal rights and 
                            resources for immigrant victims of domestic 
                            violence.
Sec. 923. Authorization of appropriations.

                  Subtitle C--Miscellaneous Provisions

Sec. 931. Removing 2 year custody and residency requirement for 
                            battered adopted children.
Sec. 932. Waiver of certain grounds of inadmissibility for VAWA 
                            petitioners.
Sec. 933. Employment authorization for battered spouses of certain 
                            nonimmigrants.
Sec. 934. Grounds for hardship waiver for conditional permanent 
                            residence for intended spouses.
Sec. 935. Cancellation of removal.
Sec. 936. Motions to reopen.
Sec. 937. Removal proceedings.
Sec. 938. Conforming relief in suspension of deportation parallel to 
                            the relief available in VAWA-2000 
                            cancellation for bigamy.
Sec. 939. Correction of cross-reference to credible evidence 
                            provisions.
Sec. 940. Technical corrections.

                    TITLE X--SAFETY ON TRIBAL LANDS

Sec. 1001. Purposes.
Sec. 1002. Consultation.
Sec. 1003. Analysis and research on violence on tribal lands.
Sec. 1004. Tracking of violence on tribal lands.
Sec. 1005. Tribal Division of the Office on Violence Against Women.
Sec. 1006. GAO report to Congress on status of prosecution of sexual 
                            assault and domestic violence on tribal 
                            lands.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2006.

    There are authorized to be appropriated for fiscal year 2006, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $161,407,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $216,286,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $72,828,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $679,661,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not less than $15,000,000 for the investigation 
                and prosecution of violations of title 17 of the United 
                States Code;
                    (C) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (D) $5,000,000 for the investigation and 
                prosecution of violations of chapter 77 of title 18 of 
                the United States Code.
            (5) Antitrust division.--For the Antitrust Division: 
        $144,451,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,626,146,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $5,761,237,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $800,255,000.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $5,065,761,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,716,173,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms and explosives.--
        For the Bureau of Alcohol, Tobacco, Firearms and Explosives: 
        $923,613,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $181,137,000, which shall include not to exceed 
        $8,000,000 for construction of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $661,940,000 for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,270,000.
            (15) Community relations service.-- For the Community 
        Relations Service: $9,759,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $21,468,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $11,300,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,222,000,000.
            (19) Justice information sharing technology.--For necessary 
        expenses for information sharing technology, including 
        planning, development, and deployment: $181,490,000.
            (20) Narrow Band communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $128,701,000.
            (21) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and Office of Community 
        Oriented Policing Services:
                    (A) $121,105,000 for the Office of Justice 
                Programs.
                    (B) $14,172,000 for the Office on Violence Against 
                Women.
                    (C) $31,343,000 for the Office of Community 
                Oriented Policing Services.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2007.

    There are authorized to be appropriated for fiscal year 2007, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $167,863,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $224,937,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $75,741,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $706,847,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not less than $15,600,000 for the investigation 
                and prosecution of violations of title 17 of the United 
                States Code;
                    (C) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (D) $5,000,000 for the investigation and 
                prosecution of violations of chapter 77 of title 18 of 
                the United States Code.
            (5) Antitrust division.--For the Antitrust Division: 
        $150,229,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,691,192,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $5,991,686,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $832,265,000.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $5,268,391,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,784,820,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms and explosives.--
        For the Bureau of Alcohol, Tobacco, Firearms and Explosives: 
        $960,558,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $188,382,000, which shall include not to exceed 
        $8,000,000 for construction of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $688,418,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,321,000.
            (15) Community relations service.--For the Community 
        Relations Service: $10,149,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,000,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $11,752,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,405,300,000.
            (19) Justice information sharing technology.--For necessary 
        expenses for information sharing technology, including 
        planning, development, and deployment: $188,750,000.
            (20) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $133,849,000.
            (21) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services:
                    (A) $125,949,000 for the Office of Justice 
                Programs.
                    (B) $15,600,000 for the Office on Violence Against 
                Women.
                    (C) $32,597,000 for the Office of Community 
                Oriented Policing Services.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.

    There are authorized to be appropriated for fiscal year 2008, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $174,578,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $233,934,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $78,771,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $735,121,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not less than $16,224,000 for the investigation 
                and prosecution of violations of title 17 of the United 
                States Code;
                    (C) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (D) $5,000,000 for the investigation and 
                prosecution of violations of chapter 77 of title 18 of 
                the United States Code.
            (5) Antitrust division.--For the Antitrust Division: 
        $156,238,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,758,840,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $6,231,354,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $865,556,000.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $5,479,127,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,856,213,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms and explosives.--
        For the Bureau of Alcohol, Tobacco, Firearms and Explosives: 
        $998,980,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $195,918,000, which shall include not to exceed 
        $8,000,000 for construction of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $715,955,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,374,000.
            (15) Community relations service.--For the Community 
        Relations Service: $10,555,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,000,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $12,222,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,616,095,000.
            (19) Justice information sharing technology.--For necessary 
        expenses for information sharing technology, including 
        planning, development, and deployment: $196,300,000.
            (20) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $139,203,000.
            (21) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services:
                    (A) $130,987,000 for the Office of Justice 
                Programs.
                    (B) $16,224,000 for the Office on Violence Against 
                Women.
                    (C) $33,901,000 for the Office of Community 
                Oriented Policing Services.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.

    There are authorized to be appropriated for fiscal year 2009, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $181,561,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $243,291,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $81,922,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $764,526,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not less than $16,872,000 for the investigation 
                and prosecution of violations of title 17 of the United 
                States Code;
                    (C) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (D) $5,000,000 for the investigation and 
                prosecution of violations of chapter 77 of title 18 of 
                the United States Code.
            (5) Antitrust division.--For the Antitrust Division: 
        $162,488,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,829,194,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $6,480,608,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $900,178,000.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $5,698,292,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,930,462,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms and explosives.--
        For the Bureau of Alcohol, Tobacco, Firearms and Explosives: 
        $1,038,939,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $203,755,000, which shall include not to exceed 
        $8,000,000 for construction of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $744,593,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,429,000.
            (15) Community relations service.--For the Community 
        Relations Service: $10,977,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,000,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $12,711,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,858,509,000.
            (19) Justice information sharing technology.--For necessary 
        expenses for information sharing technology, including 
        planning, development, and deployment: $204,152,000.
            (20) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $144,771,000.
            (21) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services:
                    (A) $132,226,000 for the Office of Justice 
                Programs.
                    (B) $16,837,000 for the Office on Violence Against 
                Women.
                    (C) $35,257,000 for the Office of Community 
                Oriented Policing Services.

SEC. 105. ORGANIZED RETAIL THEFT.

    (a) National Data.--(1) The Attorney General and the Federal Bureau 
of Investigation shall establish a task force to combat organized 
retail theft and provide expertise to the retail community for the 
establishment of a national database or clearinghouse housed and 
maintained in the private sector to track and identify where organized 
retail theft type crimes are being committed in the United Sates. The 
national database shall allow Federal, State, and local law enforcement 
officials as well as authorized retail companies (and authorized 
associated retail databases) to transmit information into the database 
electronically and to review information that has been submitted 
electronically.
    (2) The Attorney General shall make available funds to provide for 
the ongoing administrative and technological costs to federal law 
enforcement agencies participating in the database project.
    (3) The Attorney General through the Bureau of Justice Assistance 
in the Office of Justice may make grants to help provide for the 
administrative and technological costs to State and local law 
enforcement agencies participating in the data base project.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated for each of fiscal years 2006 through 2009, $5,000,000 for 
educating and training federal law enforcement regarding organized 
retail theft, for investigating, apprehending and prosecuting 
individuals engaged in organized retail theft, and for working with the 
private sector to establish and utilize the database described in 
subsection (a).
    (c) Definition of Organized Retail Theft.--For purposes of this 
section, ``organized retail theft'' means--
            (1) the violation of a State prohibition on retail 
        merchandise theft or shoplifting, if the violation consists of 
        the theft of quantities of items that would not normally be 
        purchased for personal use or consumption and for the purpose 
        of reselling the items or for reentering the items into 
        commerce;
            (2) the receipt, possession, concealment, bartering, sale, 
        transport, or disposal of any property that is know or should 
        be known to have been taken in violation of paragraph (1); or
            (3) the coordination, organization, or recruitment of 
        persons to undertake the conduct described in paragraph (1) or 
        (2).

     TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS

  Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies

SEC. 201. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW ENFORCEMENT BLOCK 
              GRANT PROGRAM.

    (a) In General.--Part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended as follows:
            (1) Subpart 1 of such part (42 U.S.C. 3751-3759) is 
        repealed.
            (2) Such part is further amended--
                    (A) by inserting before section 500 (42 U.S.C. 
                3750) the following new heading:

 ``Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program'';

                    (B) by amending section 500 to read as follows:

``SEC. 500. NAME OF PROGRAM.

    ``(a) In General.--The grant program established under this subpart 
shall be known as the `Edward Byrne Memorial Justice Assistance Grant 
Program'.
    ``(b) References to Former Programs.--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).''; 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, vessels, or aircraft;
                    ``(B) luxury items;
                    ``(C) real estate;
                    ``(D) construction projects (other than penal or 
                correctional institutions); or
                    ``(E) any similar matters.
    ``(e) Administrative Costs.--Not more than 10 percent of a grant 
made under this subpart may be used for costs incurred to administer 
such grant.
    ``(f) Period.--The period of a grant made under this subpart shall 
be four years, except that renewals and extensions beyond that period 
may be granted at the discretion of the Attorney General.
    ``(g) Rule of Construction.--Subparagraph (d)(1) shall not be 
construed to prohibit the use, directly or indirectly, of funds 
provided under this subpart to provide security at a public event, such 
as a political convention or major sports event, so long as such 
security is provided under applicable laws and procedures.

``SEC. 502. APPLICATIONS.

    ``To request a grant under this subpart, the chief executive 
officer of a State or unit of local government shall submit an 
application to the Attorney General within 90 days after the date on 
which funds to carry out this subpart are appropriated for a fiscal 
year, in such form as the Attorney General may require. Such 
application shall include the following:
            ``(1) A certification that Federal funds made available 
        under this subpart will not be used to supplant State or local 
        funds, but will be used to increase the amounts of such funds 
        that would, in the absence of Federal funds, be made available 
        for law enforcement activities.
            ``(2) An assurance that, not fewer than 30 days before the 
        application (or any amendment to the application) was submitted 
        to the Attorney General, the application (or amendment) was 
        submitted for review to the governing body of the State or unit 
        of local government (or to an organization designated by that 
        governing body).
            ``(3) An assurance that, before the application (or any 
        amendment to the application) was submitted to the Attorney 
        General--
                    ``(A) the application (or amendment) was made 
                public; and
                    ``(B) an opportunity to comment on the application 
                (or amendment) was provided to citizens and to 
                neighborhood or community-based organizations, to the 
                extent applicable law or established procedure makes 
                such an opportunity available.
            ``(4) An assurance that, for each fiscal year covered by an 
        application, the applicant shall maintain and report such data, 
        records, and information (programmatic and financial) as the 
        Attorney General may reasonably require.
            ``(5) A certification, made in a form acceptable to the 
        Attorney General and executed by the chief executive officer of 
        the applicant (or by another officer of the applicant, if 
        qualified under regulations promulgated by the Attorney 
        General), that--
                    ``(A) the programs to be funded by the grant meet 
                all the requirements of this subpart;
                    ``(B) all the information contained in the 
                application is correct;
                    ``(C) there has been appropriate coordination with 
                affected agencies; and
                    ``(D) the applicant will comply with all provisions 
                of this subpart and all other applicable Federal laws.

``SEC. 503. REVIEW OF APPLICATIONS.

    ``The Attorney General shall not finally disapprove any application 
(or any amendment to that application) submitted under this subpart 
without first affording the applicant reasonable notice of any 
deficiencies in the application and opportunity for correction and 
reconsideration.

``SEC. 504. RULES.

    ``The Attorney General shall issue rules to carry out this subpart. 
The first such rules shall be issued not later than one year after the 
date on which amounts are first made available to carry out this 
subpart.

``SEC. 505. FORMULA.

    ``(a) Allocation Among States.--
            ``(1) In general.--Of the total amount appropriated for 
        this subpart, the Attorney General shall, except as provided in 
        paragraph (2), allocate--
                    ``(A) 50 percent of such remaining amount to each 
                State in amounts that bear the same ratio of--
                            ``(i) the total population of a State to--
                            ``(ii) the total population of the United 
                        States; and
                    ``(B) 50 percent of such remaining amount to each 
                State in amounts that bear the same ratio of--
                            ``(i) the average annual number of part 1 
                        violent crimes of the Uniform Crime Reports of 
                        the Federal Bureau of Investigation reported by 
                        such State for the three most recent years 
                        reported by such State to--
                            ``(ii) the average annual number of such 
                        crimes reported by all States for such years.
            ``(2) Minimum allocation.--If carrying out paragraph (1) 
        would result in any State receiving an allocation less than 
        0.25 percent of the total amount (in this paragraph referred to 
        as a `minimum allocation State'), then paragraph (1), as so 
        carried out, shall not apply, and the Attorney General shall 
        instead--
                    ``(A) allocate 0.25 percent of the total amount to 
                each State; and
                    ``(B) using the amount remaining after carrying out 
                subparagraph (A), carry out paragraph (1) in a manner 
                that excludes each minimum allocation State, including 
                the population of and the crimes reported by such 
                State.
    ``(b) Allocation Between States and Units of Local Government.--Of 
the amounts allocated under subsection (a)--
            ``(1) 60 percent shall be for direct grants to States, to 
        be allocated under subsection (c); and
            ``(2) 40 percent shall be for grants to be allocated under 
        subsection (d).
    ``(c) Allocation for State Governments.--
            ``(1) In general.--Of the amounts allocated under 
        subsection (b)(1), each State may retain for the purposes 
        described in section 501 an amount that bears the same ratio 
        of--
                    ``(A) total expenditures on criminal justice by the 
                State government in the most recently completed fiscal 
                year to--
                    ``(B) the total expenditure on criminal justice by 
                the State government and units of local government 
                within the State in such year.
            ``(2) Remaining amounts.--Except as provided in subsection 
        (e)(1), any amounts remaining after the allocation required by 
        paragraph (1) shall be made available to units of local 
        government by the State for the purposes described in section 
        501.
    ``(d) Allocations to Local Governments.--
            ``(1) In general.--Of the amounts allocated under 
        subsection (b)(2), grants for the purposes described in section 
        501 shall be made directly to units of local government within 
        each State in accordance with this subsection, subject to 
        subsection (e).
            ``(2) Allocation.--
                    ``(A) In general.--From the amounts referred to in 
                paragraph (1) with respect to a State (in this 
                subsection referred to as the `local amount'), the 
                Attorney General shall allocate to each unit of local 
                government an amount which bears the same ratio to such 
                share as the average annual number of part 1 violent 
                crimes reported by such unit to the Federal Bureau of 
                Investigation for the 3 most recent calendar years for 
                which such data is available bears to the number of 
                part 1 violent crimes reported by all units of local 
                government in the State in which the unit is located to 
                the Federal Bureau of Investigation for such years.
                    ``(B) Transitional rule.--Notwithstanding 
                subparagraph (A), for fiscal years 2006, 2007, and 
                2008, the Attorney General shall allocate the local 
                amount to units of local government in the same manner 
                that, under the Local Government Law Enforcement Block 
                Grants program in effect immediately before the date of 
                the enactment of this section, the reserved amount was 
                allocated among reporting and nonreporting units of 
                local government.
            ``(3) Annexed units.--If a unit of local government in the 
        State has been annexed since the date of the collection of the 
        data used by the Attorney General in making allocations 
        pursuant to this section, the Attorney General shall pay the 
        amount that would have been allocated to such unit of local 
        government to the unit of local government that annexed it.
            ``(4) Resolution of disparate allocations.--(A) 
        Notwithstanding any other provision of this subpart, if--
                    ``(i) the Attorney General certifies that a unit of 
                local government bears more than 50 percent of the 
                costs of prosecution or incarceration that arise with 
                respect to part 1 violent crimes reported by a 
                specified geographically constituent unit of local 
                government; and
                    ``(ii) but for this paragraph, the amount of funds 
                allocated under this section to--
                            ``(I) any one such specified geographically 
                        constituent unit of local government exceeds 
                        150 percent of the amount allocated to the unit 
                        of local government certified pursuant to 
                        clause (i); or
                            ``(II) more than one such specified 
                        geographically constituent unit of local 
                        government exceeds 400 percent of the amount 
                        allocated to the unit of local government 
                        certified pursuant to clause (i),
        then in order to qualify for payment under this subsection, the 
        unit of local government certified pursuant to clause (i), 
        together with any such specified geographically constituent 
        units of local government described in clause (ii), shall 
        submit to the Attorney General a joint application for the 
        aggregate of funds allocated to such units of local government. 
        Such application shall specify the amount of such funds that 
        are to be distributed to each of the units of local government 
        and the purposes for which such funds are to be used. The units 
        of local government involved may establish a joint local 
        advisory board for the purposes of carrying out this paragraph.
            ``(B) In this paragraph, the term `geographically 
        constituent unit of local government' means a unit of local 
        government that has jurisdiction over areas located within the 
        boundaries of an area over which a unit of local government 
        certified pursuant to clause (i) has jurisdiction.
    ``(e) Limitation on Allocations to Units of Local Government.--
            ``(1) Maximum allocation.--No unit of local government 
        shall receive a total allocation under this section that 
        exceeds such unit's total expenditures on criminal justice 
        services for the most recently completed fiscal year for which 
        data are available. Any amount in excess of such total 
        expenditures shall be allocated proportionally among units of 
        local government whose allocations under this section do not 
        exceed their total expenditures on such services.
            ``(2) Allocations under $10,000.--If the allocation under 
        this section to a unit of local government is less than $10,000 
        for any fiscal year, the direct grant to the State under 
        subsection (c) shall be increased by the amount of such 
        allocation, to be distributed (for the purposes described in 
        section 501) among State police departments that provide 
        criminal justice services to units of local government and 
        units of local government whose allocation under this section 
        is less than $10,000.
            ``(3) Non-reporting units.--No allocation under this 
        section shall be made to a unit of local government that has 
        not reported at least three years of data on part 1 violent 
        crimes of the Uniform Crime Reports to the Federal Bureau of 
        Investigation within the immediately preceding 10 years.
    ``(f) Funds not Used by the State.--If the Attorney General 
determines, on the basis of information available during any grant 
period, that any allocation (or portion thereof) under this section to 
a State for such grant period will not be required, or that a State 
will be unable to qualify or receive funds under this subpart, or that 
a State chooses not to participate in the program established under 
this subpart, then such State's allocation (or portion thereof) shall 
be awarded by the Attorney General to units of local government, or 
combinations thereof, within such State, giving priority to those 
jurisdictions with the highest annual number of part 1 violent crimes 
of the Uniform Crime Reports reported by the unit of local government 
to the Federal Bureau of Investigation for the three most recent 
calendar years for which such data are available.
    ``(g) Special Rules for Puerto Rico.--
            ``(1) All funds set aside for commonwealth government.--
        Notwithstanding any other provision of this subpart, the 
        amounts allocated under subsection (a) to Puerto Rico, 100 
        percent shall be for direct grants to the Commonwealth 
        government of Puerto Rico.
            ``(2) No local allocations.--Subsections (c) and (d) shall 
        not apply to Puerto Rico.
    ``(h) Units of Local Government in Louisiana.--In carrying out this 
section with respect to the State of Louisiana, the term `unit of local 
government' means a district attorney or a parish sheriff.

``SEC. 506. RESERVED FUNDS.

    ``Of the total amount made available to carry out this subpart for 
a fiscal year, the Attorney General shall reserve not more than--
            ``(1) $20,000,000, for use by the National Institute of 
        Justice in assisting units of local government to identify, 
        select, develop, modernize, and purchase new technologies for 
        use by law enforcement, of which $1,000,000 shall be for use by 
        the Bureau of Justice Statistics to collect data necessary for 
        carrying out this subpart; and
            ``(2) $20,000,000, to be granted by the Attorney General to 
        States and units of local government to develop and implement 
        antiterrorism training programs.

``SEC. 507. INTEREST-BEARING TRUST FUNDS.

    ``(a) Trust Fund Required.--A State or unit of local government 
shall establish a trust fund in which to deposit amounts received under 
this subpart.
    ``(b) Expenditures.--
            ``(1) In general.--Each amount received under this subpart 
        (including interest on such amount) shall be expended before 
        the date on which the grant period expires.
            ``(2) Repayment.--A State or unit of local government that 
        fails to expend an entire amount (including interest on such 
        amount) as required by paragraph (1) shall repay the unexpended 
        portion to the Attorney General not later than 3 months after 
        the date on which the grant period expires.
            ``(3) Reduction of future amounts.--If a State or unit of 
        local government fails to comply with paragraphs (1) and (2), 
        the Attorney General shall reduce amounts to be provided to 
        that State or unit of local government accordingly.
    ``(c) Repaid Amounts.--Amounts received as repayments under this 
section shall be subject to section 108 of this title as if such 
amounts had not been granted and repaid. Such amounts shall be 
deposited in the Treasury in a dedicated fund for use by the Attorney 
General to carry out this subpart. Such funds are hereby made available 
to carry out this subpart.

``SEC. 508. 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'';
                    (E) in section 808 (42 U.S.C. 3789), by striking 
                ``the State office described in section 507 or 1408'' 
                and inserting ``the State office responsible for the 
                trust fund required by section 507, or the State office 
                described in section 1408,'';
                    (F) in section 901 (42 U.S.C. 3791), in subsection 
                (a)(2), by striking ``for the purposes of section 
                506(a)'' and inserting ``for the purposes of section 
                505(a)'';
                    (G) in section 1502 (42 U.S.C. 3796bb-1)--
                            (i) in paragraph (1), by striking ``section 
                        506(a)'' and inserting ``section 505(a)'';
                            (ii) in paragraph (2)--
                                    (I) by striking ``section 503(a)'' 
                                and inserting ``section 502''; and
                                    (II) by striking ``section 506'' 
                                and inserting ``section 505'';
                    (H) in section 1602 (42 U.S.C. 3796cc-1), in 
                subsection (b), by striking ``The office designated 
                under section 507 of title I'' and inserting ``The 
                office responsible for the trust fund required by 
                section 507'';
                    (I) in section 1702 (42 U.S.C. 3796dd-1), in 
                subsection (c)(1), by striking ``and reflects 
                consideration of the statewide strategy under section 
                503(a)(1)''; and
                    (J) in section 1902 (42 U.S.C. 3796ff-1), in 
                subsection (e), by striking ``The Office designated 
                under section 507'' and inserting ``The office 
                responsible for the trust fund required by section 
                507''.
    (d) Applicability.--The amendments made by this section shall apply 
with respect to the first fiscal year beginning after the date of the 
enactment of this Act and each fiscal year thereafter.

SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE SELECTED IN 
              A GIVEN YEAR TO RECEIVE PUBLIC SAFETY OFFICER MEDAL OF 
              VALOR.

    Section 3(c) of the Public Safety Officer Medal of Valor Act of 
2001 (42 U.S.C. 15202(c)) is amended by striking ``more than 5 
recipients'' and inserting ``more than 5 individuals, or groups of 
individuals, as recipients''.

SEC. 203. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY ATTORNEY GENERAL 
              IN CONSIDERING APPLICATION FOR EMERGENCY FEDERAL LAW 
              ENFORCEMENT ASSISTANCE.

    Section 609M(b) of the Justice Assistance Act of 1984 (42 U.S.C. 
10501(b)) is amended by striking ``the Director of the Office of 
Justice Assistance'' and inserting ``the Assistant Attorney General for 
the Office of Justice Programs''.

SEC. 204. CLARIFICATION OF USES FOR REGIONAL INFORMATION SHARING SYSTEM 
              GRANTS.

    Section 1301(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796h(b)), as most recently amended by section 701 
of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 374), is amended--
            (1) in paragraph (1), by inserting ``regional'' before 
        ``information sharing systems'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) establishing and maintaining a secure 
        telecommunications system for regional information sharing 
        between Federal, State, and local law enforcement agencies;''; 
        and
            (3) by striking ``(5)'' at the end of paragraph (4).

SEC. 205. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL RECORD 
              DATABASES.

    (a) Duties of Director.--Section 302 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
            (1) in subsection (b), by inserting after the third 
        sentence the following new sentence: ``The Director shall be 
        responsible for the integrity of data and statistics and shall 
        protect against improper or illegal use or disclosure.'';
            (2) by amending paragraph (19) of subsection (c) to read as 
        follows:
            ``(19) provide for improvements in the accuracy, quality, 
        timeliness, immediate accessibility, and integration of State 
        criminal history and related records, support the development 
        and enhancement of national systems of criminal history and 
        related records including the National Criminal History 
        Background Check System, the National Incident-Based Reporting 
        System, and the records of the National Crime Information 
        Center, facilitate State participation in national records and 
        information systems, and support statistical research for 
        critical analysis of the improvement and utilization of 
        criminal history records;''; and
            (3) in subsection (d)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by striking the period at the end of paragraph 
                (5) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) confer and cooperate with Federal statistical 
        agencies as needed to carry out the purposes of this part, 
        including by entering into cooperative data sharing agreements 
        in conformity with all laws and regulations applicable to the 
        disclosure and use of data.''.
    (b) Use of Data.--Section 304 of such Act (42 U.S.C. 3735) is 
amended by striking ``particular individual'' and inserting ``private 
person or public agency''.
    (c) Confidentiality of Information.--Section 812(a) of such Act (42 
U.S.C. 3789g(a)) is amended by striking ``Except as provided by Federal 
law other than this title, no'' and inserting ``No''.

SEC. 206. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR 
              VESTS.

    Section 1001(a)(23) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking 
``2007'' and inserting ``2009''.

Subtitle B--Building Community Capacity to Prevent, Reduce, and Control 
                                 Crime

SEC. 211. OFFICE OF WEED AND SEED STRATEGIES.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by inserting after section 102 (42 
U.S.C. 3712) the following new sections:

``SEC. 103. OFFICE OF WEED AND SEED STRATEGIES.

    ``(a) Establishment.--There is established within the Office an 
Office of Weed and Seed Strategies, headed by a Director appointed by 
the Attorney General.
    ``(b) Assistance.--The Director may assist States, units of local 
government, and neighborhood and community-based organizations in 
developing Weed and Seed strategies, as provided in section 104.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $60,000,000 for fiscal year 
2006, and such sums as may be necessary for each of fiscal years 2007, 
2008, and 2009, to remain available until expended.

``SEC. 104. WEED AND SEED STRATEGIES.

    ``(a) In General.--From amounts made available under section 
103(c), the Director of the Office of Weed and Seed Strategies may 
implement strategies, to be known as Weed and Seed strategies, to 
prevent, control, and reduce violent crime, criminal drug-related 
activity, and gang activity in designated Weed-and-Seed communities. 
Each such strategy shall involve both of the following activities:
            ``(1) Weeding.--Activities, to be known as Weeding 
        activities, which shall include promoting and coordinating a 
        broad spectrum of community efforts (especially those of law 
        enforcement agencies and prosecutors) to arrest, and to 
        sanction or incarcerate, persons in that community who 
        participate or engage in violent crime, criminal drug-related 
        activity, and other crimes that threaten the quality of life in 
        that community.
            ``(2) Seeding.--Activities, to be known as Seeding 
        activities, which shall include promoting and coordinating a 
        broad spectrum of community efforts (such as drug abuse 
        education, mentoring, and employment counseling) to provide--
                    ``(A) human services, relating to prevention, 
                intervention, or treatment, for at-risk individuals and 
                families; and
                    ``(B) community revitalization efforts, including 
                enforcement of building codes and development of the 
                economy.
    ``(b) Guidelines.--The Director shall issue guidelines for the 
development and implementation of Weed and Seed strategies under this 
section. The guidelines shall ensure that the Weed and Seed strategy 
for a community referred to in subsection (a) shall--
            ``(1) be planned and implemented through and under the 
        auspices of a steering committee, properly established in the 
        community, comprised of--
                    ``(A) in a voting capacity, representatives of--
                            ``(i) appropriate law enforcement agencies; 
                        and
                            ``(ii) other public and private agencies, 
                        and neighborhood and community-based 
                        organizations, interested in criminal justice 
                        and community-based development and 
                        revitalization in the community; and
                    ``(B) in a voting capacity, both--
                            ``(i) the Drug Enforcement Administration's 
                        special agent in charge for the jurisdiction 
                        encompassing the community; and
                            ``(ii) the United States Attorney for the 
                        District encompassing the community;
            ``(2) describe how law enforcement agencies, other public 
        and private agencies, neighborhood and community-based 
        organizations, and interested citizens are to cooperate in 
        implementing the strategy; and
            ``(3) incorporate a community-policing component that shall 
        serve as a bridge between the Weeding activities under 
        subsection (a)(1) and the Seeding activities under subsection 
        (a)(2).
    ``(c) Designation.--For a community to be designated as a Weed-and-
Seed community for purposes of subsection (a)--
            ``(1) the United States Attorney for the District 
        encompassing the community must certify to the Director that--
                    ``(A) the community suffers from consistently high 
                levels of crime or otherwise is appropriate for such 
                designation;
                    ``(B) the Weed and Seed strategy proposed, adopted, 
                or implemented by the steering committee has a high 
                probability of improving the criminal justice system 
                within the community and contains all the elements 
                required by the Director; and
                    ``(C) the steering committee is capable of 
                implementing the strategy appropriately; and
            ``(2) the community must agree to formulate a timely and 
        effective plan to independently sustain the strategy (or, at a 
        minimum, a majority of the best practices of the strategy) when 
        assistance under this section is no longer available.
    ``(d) Application.--An application for designation as a Weed-and-
Seed community for purposes of subsection (a) shall be submitted to the 
Director by the steering committee of the community in such form, and 
containing such information and assurances, as the Director may 
require. The application shall propose--
            ``(1) a sustainable Weed and Seed strategy that includes--
                    ``(A) the active involvement of the United States 
                Attorney for the District encompassing the community, 
                the Drug Enforcement Administration's special agent in 
                charge for the jurisdiction encompassing the community, 
                and other Federal law enforcement agencies operating in 
                the vicinity;
                    ``(B) a significant community-oriented policing 
                component; and
                    ``(C) demonstrated coordination with complementary 
                neighborhood and community-based programs and 
                initiatives; and
            ``(2) a methodology with outcome measures and specific 
        objective indicia of performance to be used to evaluate the 
        effectiveness of the strategy.
    ``(e) Grants.--
            ``(1) In general.--In implementing a strategy for a 
        community under subsection (a), the Director may make grants to 
        that community.
            ``(2) Uses.--For each grant under this subsection, the 
        community receiving that grant--
                    ``(A) shall use not less than 40 percent of the 
                grant amounts for Seeding activities under subsection 
                (a)(2); and
                    ``(B) may not use any of the grant amounts for 
                construction, except that the Assistant Attorney 
                General may authorize use of grant amounts for 
                incidental or minor construction, renovation, or 
                remodeling.
            ``(3) Limitations.--A community may not receive grants 
        under this subsection (or fall within such a community)--
                    ``(A) for a period of more than 10 fiscal years;
                    ``(B) for more than 5 separate fiscal years, except 
                that the Assistant Attorney General may, in single 
                increments and only upon a showing of extraordinary 
                circumstances, authorize grants for not more than 3 
                additional separate fiscal years; or
                    ``(C) in an aggregate amount of more than 
                $1,000,000, except that the Assistant Attorney General 
                may, upon a showing of extraordinary circumstances, 
                authorize grants for not more than an additional 
                $500,000.
            ``(4) Distribution.--In making grants under this 
        subsection, the Director shall ensure that--
                    ``(A) to the extent practicable, the distribution 
                of such grants is geographically equitable and includes 
                both urban and rural areas of varying population and 
                area; and
                    ``(B) priority is given to communities that clearly 
                and effectively coordinate crime prevention programs 
                with other Federal programs in a manner that addresses 
                the overall needs of such communities.
            ``(5) Federal share.--(A) Subject to subparagraph (B), the 
        Federal share of a grant under this subsection may not exceed 
        75 percent of the total costs of the projects described in the 
        application for which the grant was made.
            ``(B) The requirement of subparagraph (A)--
                    ``(i) may be satisfied in cash or in kind; and
                    ``(ii) may be waived by the Assistant Attorney 
                General upon a determination that the financial 
                circumstances affecting the applicant warrant a finding 
                that such a waiver is equitable.
            ``(6) Supplement, not supplant.--To receive a grant under 
        this subsection, the applicant must provide assurances that the 
        amounts received under the grant shall be used to supplement, 
        not supplant, non-Federal funds that would otherwise be 
        available for programs or services provided in the 
        community.''.
    (b) Abolishment of Executive Office of Weed and Seed; Transfers of 
Functions.--
            (1) Abolishment.--The Executive Office of Weed and Seed is 
        abolished.
            (2) Transfer.--There are hereby transferred to the Office 
        of Weed and Seed Strategies all functions and activities 
        performed immediately before the date of the enactment of this 
        Act by the Executive Office of Weed and Seed Strategies.
    (c) Effective Date.--This section and the amendments made by this 
section take effect 90 days after the date of the enactment of this 
Act.

                 Subtitle C--Assisting Victims of Crime

SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE OUTREACH 
              SERVICES TO VICTIMS OF CRIME.

    Section 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(c)), as most recently amended by section 623 of the USA PATRIOT 
Act (Public Law 107-56; 115 Stat. 372), is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking the comma after ``Director'';
                    (B) in subparagraph (A), by striking ``and'' at the 
                end;
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
            ``(C) for nonprofit neighborhood and community-based victim 
        service organizations and coalitions to improve outreach and 
        services to victims of crime.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``paragraph (1)(A)'' and 
                        inserting ``paragraphs (1)(A) and (1)(C)''; and
                            (ii) by striking ``and'' at the end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(C) not more than $10,000 shall be used for any single 
        grant under paragraph (1)(C).''.

SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES RELATING 
              TO CRIME VICTIMS FUND.

    Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) 
is amended as follows:
            (1) Authority to accept gifts.--Subsection (b)(5) of such 
        section is amended by striking the period at the end and 
        inserting the following: ``, which the Director is hereby 
        authorized to accept for deposit into the Fund, except that the 
        Director is not hereby authorized to accept any such gift, 
        bequest, or donation that--
                    ``(A) attaches conditions inconsistent with 
                applicable laws or regulations; or
                    ``(B) is conditioned upon or would require the 
                expenditure of appropriated funds that are not 
                available to the Office for Victims of Crime.''.
            (2) Authority to replenish antiterrorism emergency 
        reserve.--Subsection (d)(5)(A) of such section is amended by 
        striking ``expended'' and inserting ``obligated''.
            (3) Authority to make grants to indian tribes for victim 
        assistance programs.--Subsection (g) of such section is 
        amended--
                    (A) in paragraph (1), by striking ``, acting 
                through the Director,'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
    ``(2) The Attorney General may use 5 percent of the funds available 
under subsection (d)(2) (prior to distribution) for grants to Indian 
tribes to establish child victim assistance programs, as 
appropriate.''.

SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE USED BY 
              STATE FOR TRAINING PURPOSES.

    (a) Crime Victim Compensation.--Section 1403(a)(3) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended by inserting 
after ``may be used for'' the following: ``training purposes and''.
    (b) Crime Victim Assistance.--Section 1404(b)(3) of such Act (42 
U.S.C. 10603(b)(3)) is amended by inserting after ``may be used for'' 
the following: ``training purposes and''.

SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST 
              WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS.

    (a) Clarification of Specific Purposes.--Section 2001(b) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg(b)) is amended in the matter preceding paragraph (1) by 
inserting after ``violent crimes against women'' the following: ``to 
develop and strengthen victim services in cases involving violent 
crimes against women''.
    (b) Clarification of State Grants.--Section 2007 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is 
amended--
            (1) in subsection (a), by striking ``to States'' and all 
        that follows through ``tribal governments'';
            (2) in subsection (c)(3)(A), by striking ``police'' and 
        inserting ``law enforcement''; and
            (3) in subsection (d)--
                    (A) in the second sentence, by inserting after 
                ``each application'' the following: ``submitted by a 
                State''; and
                    (B) in the third sentence, by striking ``An 
                application'' and inserting ``In addition, each 
                application submitted by a State or tribal 
                government''.
    (c) Change From Annual to Biennial Reporting.--Section 2009(b) of 
such Act (42 U.S.C. 3796gg-3) is amended by striking ``Not later than'' 
and all that follows through ``the Attorney General shall submit'' and 
inserting the following: ``Not later than one month after the end of 
each even-numbered fiscal year, the Attorney General shall submit''.

SEC. 225. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.

    (a) Stalking and Domestic Violence.--Section 40610 of the Violence 
Against Women Act of 1994 (title IV of the Violent Crime Control and 
Law Enforcement Act of 1994; 42 U.S.C. 14039) is amended by striking 
``The Attorney General shall submit to the Congress an annual report, 
beginning one year after the date of the enactment of this Act, that 
provides'' and inserting ``Each even-numbered fiscal year, the Attorney 
General shall submit to the Congress a biennial report that provides''.
    (b) Safe Havens for Children.--Section 1301(d)(1) of the Victims of 
Trafficking and Violence Protection Act of 2000 (42 U.S.C. 10420(d)(1)) 
is amended in the matter preceding subparagraph (A) by striking ``Not 
later than 1 year after the last day of the first fiscal year 
commencing on or after the date of the enactment of this Act, and not 
later than 180 days after the last day of each fiscal year 
thereafter,'' and inserting ``Not later than one month after the end of 
each even-numbered fiscal year,''.

                      Subtitle D--Preventing Crime

SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER FOR PURPOSES 
              OF JUVENILE DRUG COURTS.

    Section 2953(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3797u-2(b)) is amended in the matter preceding 
paragraph (1) by striking ``an offense that'' and inserting ``a felony-
level offense that''.

SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS FOR DRUG 
              COURTS.

    (a) Minimum Allocation Repealed.--Section 2957 of such Act (42 
U.S.C. 3797u-6) is amended by striking subsection (b).
    (b) Technical Assistance and Training.--Such section is further 
amended by adding at the end the following new subsection:
    ``(b) Technical Assistance and Training.--Unless one or more 
applications submitted by any State or unit of local government within 
such State (other than an Indian tribe) for a grant under this part has 
been funded in any fiscal year, such State, together with eligible 
applicants within such State, shall be provided targeted technical 
assistance and training by the Community Capacity Development Office to 
assist such State and such eligible applicants to successfully compete 
for future funding under this part.''.

SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS PROGRAM 
              EXTENDED TO COURTS THAT SUPERVISE NON-OFFENDERS WITH 
              SUBSTANCE ABUSE PROBLEMS.

    Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is amended 
by striking ``offenders with substance abuse problems'' and inserting 
``offenders, and other individuals under the jurisdiction of the court, 
with substance abuse problems''.

SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR 
              LOCAL FACILITIES.

    Section 1904 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796ff-3) is amended by adding at the end the following 
new subsection:
    ``(d) Definition.--In this section, the term `jail-based substance 
abuse treatment program' means a course of individual and group 
activities, lasting for a period of not less than 3 months, in an area 
of a correctional facility set apart from the general population of the 
correctional facility, if those activities are--
            ``(1) directed at the substance abuse problems of the 
        prisoners; and
            ``(2) intended to develop the cognitive, behavioral, and 
        other skills of prisoners in order to address the substance 
        abuse and related problems of prisoners.''.

                       Subtitle E--Other Matters

SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.

    (a) Certain Programs That Are Exempt From Paying States Interest on 
Late Disbursements Also Exempted From Paying Charge to Treasury for 
Untimely Disbursements.--Section 204(f) of Public Law 107-273 (116 
Stat. 1776; 31 U.S.C. 6503 note) is amended--
            (1) by striking ``section 6503(d)'' and inserting 
        ``sections 3335(b) or 6503(d)''; and
            (2) by striking ``section 6503'' and inserting ``sections 
        3335(b) or 6503''.
    (b) Southwest Border Prosecutor Initiative Included Among Such 
Exempted Programs.--Section 204(f) of such Act is further amended by 
striking ``pursuant to section 501(a)'' and inserting ``pursuant to the 
Southwest Border Prosecutor Initiative (as carried out pursuant to 
paragraph (3) (117 Stat. 64) under the heading relating to Community 
Oriented Policing Services of the Department of Justice Appropriations 
Act, 2003 (title I of division B of Public Law 108-7), or as carried 
out pursuant to any subsequent authority) or section 501(a)''.
    (c) Funds Available for ATFE May Be Used for Aircraft, Boats, 
Ammunition, Firearms, Firearms Competitions, and Any Authorized 
Activity.--Section 530C(b) of title 28, United States Code, is amended 
by adding at the end the following new paragraph:
            ``(8) Bureau of alcohol, tobacco, firearms, and 
        explosives.--Funds available to the Attorney General for the 
        Bureau of Alcohol, Tobacco, Firearms, and Explosives may be 
        used for the conduct of all its authorized activities.''.
    (d) Audits and Reports on ATFE Undercover Investigative 
Operations.--Section 102(b) of the Department of Justice and Related 
Agencies Appropriations Act, 1993 (28 U.S.C. 533 note), as in effect 
pursuant to section 815(d) of the Antiterrorism and Effective Death 
Penalty Act of 1996 (28 U.S.C. 533 note) shall apply with respect to 
the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the 
undercover investigative operations of the Bureau on the same basis as 
such section applies with respect to any other agency and the 
undercover investigative operations of such agency.

SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.

    (a) Coordinate and Support Office for Victims of Crime.--Section 
102 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3712) is amended in subsection (a)(5) by inserting after ``the 
Bureau of Justice Statistics,'' the following: ``the Office for Victims 
of Crime,''.
    (b) Setting Grant Conditions and Priorities.--Such section is 
further amended in subsection (a)(6) by inserting ``, including placing 
special conditions on all grants, and determining priority purposes for 
formula grants'' before the period at the end.

SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-OFFENDER 
              REGISTRATION LAWS.

    (a) Compliance Period.--A State shall not be treated, for purposes 
of any provision of law, as having failed to comply with section 170101 
(42 U.S.C. 14071) or 170102 (42 U.S.C. 14072) of the Violent Crime 
Control and Law Enforcement Act of 1994 until 36 months after the date 
of the enactment of this Act, except that the Attorney General may 
grant an additional 24 months to a State that is making good faith 
efforts to comply with such sections.
    (b) Time for Registration of Current Address.--Subsection (a)(1)(B) 
of such section 170101 is amended by striking ``unless such requirement 
is terminated under'' and inserting ``for the time period specified 
in''.

SEC. 244. REPEAL OF CERTAIN PROGRAMS.

    (a) Safe Streets Act Programs.--The following provisions of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 are repealed:
            (1) Criminal justice facility construction pilot program.--
        Part F (42 U.S.C. 3769-3769d).
            (2) Matching grant program for school security.--Part AA 
        (42 U.S.C. 3797a-3797e).
    (b) Violent Crime Control and Law Enforcement Act Programs.--The 
following provisions of the Violent Crime Control and Law Enforcement 
Act of 1994 are repealed:
            (1) Local crime prevention block grant program.--Subtitle B 
        of title III (42 U.S.C. 13751-13758).
            (2) Assistance for delinquent and at-risk youth.--Subtitle 
        G of title III (42 U.S.C. 13801-13802).
            (3) Improved training and technical automation.--Subtitle E 
        of title XXI (42 U.S.C. 14151).
            (4) Other state and local aid.--Subtitle F of title XXI (42 
        U.S.C. 14161).

SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.

    Part H of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 is amended as follows:
            (1) Notice and hearing on denial or termination of grant.--
        Section 802 (42 U.S.C. 3783) of such part is amended--
                    (A) by striking subsections (b) and (c); and
                    (B) by striking ``(a)'' before ``Whenever,''.
            (2) Finality of determinations.--Section 803 (42 U.S.C. 
        3784) of such part is amended--
                    (A) by striking ``, after reasonable notice and 
                opportunity for a hearing,''; and
                    (B) by striking ``, except as otherwise provided 
                herein''.
            (3) Repeal of appellate court review.--Section 804 (42 
        U.S.C. 3785) of such part is repealed.

SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME CONTROL AND 
              SAFE STREETS ACT OF 1968.

    Section 901 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3791) is amended as follows:
            (1) Indian tribe.--Subsection (a)(3)(C) of such section is 
        amended by striking ``(as that term is defined in section 103 
        of the Juvenile Justice and Delinquency Prevention Act of 1974 
        (42 U.S.C. 5603))''.
            (2) Combination.--Subsection (a)(5) of such section is 
        amended by striking ``program or project'' and inserting 
        ``program, plan, or project''.
            (3) Neighborhood or community-based organizations.--
        Subsection (a)(11) of such section is amended by striking 
        ``which'' and inserting ``, including faith-based, that''.
            (4) Indian tribe; private person.--Subsection (a) of such 
        section is further amended--
                    (A) in paragraph (24) by striking ``and'' at the 
                end;
                    (B) in paragraph (25) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(26) the term `Indian Tribe' has the meaning given the 
        term `Indian tribe' in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)); 
        and
            ``(27) the term `private person' means any individual 
        (including an individual acting in his official capacity) and 
        any private partnership, corporation, association, 
        organization, or entity (or any combination thereof).''.

SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO 
              PRISONERS FOR HEALTH CARE ITEMS AND SERVICES.

    Section 4006 of title 18, United States Code, is amended--
            (1) in subsection (a) by inserting after ``The Attorney 
        General'' the following: ``or the Secretary of Homeland 
        Security, as applicable,''; and
            (2) in subsection (b)(1)--
                    (A) by striking ``the Immigration and 
                Naturalization Service'' and inserting ``the Department 
                of Homeland Security'';
                    (B) by striking ``shall not exceed the lesser of 
                the amount'' and inserting ``shall be the amount 
                billed, not to exceed the amount'';
                    (C) by striking ``items and services'' and all that 
                follows through ``the Medicare program'' and inserting 
                ``items and services under the Medicare program''; and
                    (D) by striking ``; or'' and all that follows 
                through the period at the end and inserting a period.

SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding after section 104, as 
added by section 211 of this Act, the following new section:

``SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office 
        an Office of Audit, Assessment, and Management, headed by a 
        Director appointed by the Attorney General. In carrying out the 
        functions of the Office, the Director shall be subject to the 
        authority, direction, and control of the Attorney General. Such 
        authority, direction, and control may be delegated only to the 
        Assistant Attorney General, without redelegation.
            ``(2) Purpose.--The purpose of the Office shall be to carry 
        out and coordinate performance audits of, take actions to 
        ensure compliance with the terms of, and manage information 
        with respect to, grants under programs covered by subsection 
        (b). The Director shall take special conditions of the grant 
        into account and consult with the office that issued those 
        conditions to ensure appropriate compliance.
            ``(3) Exclusivity.--The Office shall be the exclusive 
        element of the Department of Justice, other than the Inspector 
        General, performing functions and activities for the purpose 
        specified in paragraph (2). There are hereby transferred to the 
        Office all functions and activities, other than functions and 
        activities of the Inspector General, for such purpose performed 
        immediately before the date of the enactment of this Act by any 
        other element of the Department.
    ``(b) Covered Programs.--The programs referred to in subsection (a) 
are the following:
            ``(1) The program under part Q of this title.
            ``(2) Any grant program carried out by the Office of 
        Justice Programs.
            ``(3) Any other grant program carried out by the Department 
        of Justice that the Attorney General considers appropriate.
    ``(c) Performance Audits Required.--
            ``(1) In general.--The Director shall select grants awarded 
        under the programs covered by subsection (b) and carry out 
        performance audits on such grants. In selecting such grants, 
        the Director shall ensure that the aggregate amount awarded 
        under the grants so selected represent not less than 10 percent 
        of the aggregate amount of money awarded under all such grant 
        programs.
            ``(2) Relationship to nij evaluations.--This subsection 
        does not affect the authority or duty of the Director of the 
        National Institute of Justice to carry out overall evaluations 
        of programs covered by subsection (b), except that such 
        Director shall consult with the Director of the Office in 
        carrying out such evaluations.
            ``(3) Timing of performance audits.--The performance audit 
        required by paragraph (1) of a grant selected under paragraph 
        (1) shall be carried out--
                    ``(A) not later than the end of the grant period, 
                if the grant period is not more than 1 year; and
                    ``(B) at the end of each year of the grant period, 
                if the grant period is more than 1 year.
    ``(d) Compliance Actions Required.--The Director shall take such 
actions to ensure compliance with the terms of a grant as the Director 
considers appropriate with respect to each grant that the Director 
determines (in consultation with the head of the element of the 
Department of Justice concerned), through a performance audit under 
subsection (a) or other means, is not in compliance with such terms. In 
the case of a misuse of more than 1 percent of the grant amount 
concerned, the Director shall, in addition to any other action to 
ensure compliance that the Director considers appropriate, ensure that 
the entity responsible for such misuse ceases to receive any funds 
under any program covered by subsection (b) until such entity repays to 
the Attorney General an amount equal to the amounts misused. The 
Director may, in unusual circumstances, grant relief from this 
requirement to ensure that an innocent party is not punished.
    ``(e) Grant Management System.--The Director shall establish and 
maintain, in consultation with the chief information officer of the 
Office, a modern, automated system for managing all information 
relating to the grants made under the programs covered by subsection 
(b).
    ``(f) Availability of Funds.--Not to exceed 5 percent of all 
funding made available for a fiscal year for the programs covered by 
subsection (b) shall be reserved for the activities of the Office of 
Audit, Assessment, and Management as authorized by this section.''.
    (b) Effective Date.--This section and the amendment made by this 
section take effect 90 days after the date of the enactment of this 
Act.

SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding after section 105, as 
added by section 248 of this Act, the following new section:

``SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office a 
        Community Capacity Development Office, headed by a Director 
        appointed by the Attorney General. In carrying out the 
        functions of the Office, the Director shall be subject to the 
        authority, direction, and control of the Attorney General. Such 
        authority, direction, and control may be delegated only to the 
        Assistant Attorney General, without redelegation.
            ``(2) Purpose.--The purpose of the Office shall be to 
        provide training to actual and prospective participants under 
        programs covered by section 105(b) to assist such participants 
        in understanding the substantive and procedural requirements 
        for participating in such programs.
            ``(3) Exclusivity.--The Office shall be the exclusive 
        element of the Department of Justice performing functions and 
        activities for the purpose specified in paragraph (2). There 
        are hereby transferred to the Office all functions and 
        activities for such purpose performed immediately before the 
        date of the enactment of this Act by any other element of the 
        Department. This does not preclude a grant-making office from 
        providing specialized training and technical assistance in its 
        area of expertise.
    ``(b) Means.--The Director shall, in coordination with the heads of 
the other elements of the Department, carry out the purpose of the 
Office through the following means:
            ``(1) Promoting coordination of public and private efforts 
        and resources within or available to States, units of local 
        government, and neighborhood and community-based organizations.
            ``(2) Providing information, training, and technical 
        assistance.
            ``(3) Providing support for inter- and intra-agency task 
        forces and other agreements and for assessment of the 
        effectiveness of programs, projects, approaches, or practices.
            ``(4) Providing in the assessment of the effectiveness of 
        neighborhood and community-based law enforcement and crime 
        prevention strategies and techniques, in coordination with the 
        National Institute of Justice.
            ``(5) Any other similar means.
    ``(c) Locations.--Training referred to in subsection (a) shall be 
provided on a regional basis to groups of such participants. In a case 
in which remedial training is appropriate, as recommended by the 
Director or the head of any element of the Department, such training 
may be provided on a local basis to a single such participant.
    ``(d) Best Practices.--The Director shall--
            ``(1) identify grants under which clearly beneficial 
        outcomes were obtained, and the characteristics of those grants 
        that were responsible for obtaining those outcomes; and
            ``(2) incorporate those characteristics into the training 
        provided under this section.
    ``(e) Availability of Funds.--Not to exceed 5 percent of all 
funding made available for a fiscal year for the programs covered by 
section 105(b) shall be reserved for the activities of the Community 
Capacity Development Office as authorized by this section.''.
    (b) Effective Date.--This section and the amendment made by this 
section take effect 90 days after the date of the enactment of this 
Act.

SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding after section 106, as 
added by section 249 of this Act, the following new section:

``SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

    ``(a) Establishment.--There is established within the Office an 
Office of Applied Law Enforcement Technology, headed by a Director 
appointed by the Attorney General. The purpose of the Office 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 Office, the 
Director shall--
            ``(1) establish clear minimum standards for computer 
        systems that can be purchased using amounts awarded under such 
        grants; and
            ``(2) ensure that recipients of such grants use such 
        systems to participate in crime reporting programs administered 
        by the Department.''.
    (b) Effective Date.--This section and the amendment made by this 
section take effect 90 days after the date of the enactment of this 
Act.

SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding after section 107, as 
added by section 250 of this Act, the following new section:

``SEC. 108. AVAILABILITY OF FUNDS.

    ``(a) Period for Awarding Grant Funds.--
            ``(1) In general.--Unless otherwise specifically provided 
        in an authorization, DOJ grant funds for a fiscal year shall 
        remain available to be awarded and distributed to a grantee 
        only in that fiscal year and the three succeeding fiscal years, 
        subject to paragraphs (2) and (3). DOJ grant funds not so 
        awarded and distributed shall revert to the Treasury.
            ``(2) Treatment of reprogrammed funds.--DOJ grant funds for 
        a fiscal year that are reprogrammed in a later fiscal year 
        shall be treated for purposes of paragraph (1) as DOJ grant 
        funds for such later fiscal year.
            ``(3) Treatment of deobligated funds.--If DOJ grant funds 
        were obligated and then deobligated, the period of availability 
        that applies to those grant funds under paragraph (1) shall be 
        extended by a number of days equal to the number of days from 
        the date on which those grant funds were obligated to the date 
        on which those grant funds were deobligated.
    ``(b) Period for Expending Grant Funds.--DOJ grant funds for a 
fiscal year that have been awarded and distributed to a grantee may be 
expended by that grantee only in the period permitted under the terms 
of the grant. DOJ grant funds not so expended shall revert to the 
Treasury.
    ``(c) Definition.--In this section, the term `DOJ grant funds' 
means, for a fiscal year, amounts appropriated for activities of the 
Department of Justice in carrying out grant programs for that fiscal 
year.
    ``(d) Applicability.--This section applies to DOJ grant funds for 
fiscal years beginning with fiscal year 2006.''.
    (b) Effective Date.--This section and the amendment made by this 
section take effect 90 days after the date of the enactment of this 
Act.

SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS OF OFFICE OF 
              JUSTICE PROGRAMS.

    (a) Consolidation of Accounting Activities and Procurement 
Activities.--The Assistant Attorney General of the Office of Justice 
Programs 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 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 shall ensure that, on and after September 30, 2010, 
all financial management activities (including human resources, 
payroll, and accounting activities, as well as procurement activities) 
of all elements of the Office are carried out through a single 
financial management system.
    (d) Achieving Compliance.--
            (1) Schedule.--The Assistant Attorney General shall 
        undertake a scheduled consolidation of operations to achieve 
        compliance with the requirements of this section.
            (2) Specific requirements.--With respect to achieving 
        compliance with the requirements of--
                    (A) subsection (a), the consolidation of operations 
                shall be initiated not later than 90 days after the 
                date of the enactment of this Act; and
                    (B) subsections (b) and (c), the consolidation of 
                operations shall be initiated not later than September 
                30, 2005, and shall be carried out by the Office of 
                Administration, in consultation with the Chief 
                Information Officer and the Office of Audit, 
                Assessment, and Management.

SEC. 253. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE GRANT 
              PROGRAM.

    (a) In General.--Section 1701 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Grant Authorization.--The Attorney General shall carry out a 
single grant program under which the Attorney General makes grants to 
States, units of local government, Indian tribal governments, other 
public and private entities, and multi-jurisdictional or regional 
consortia for the purposes described in subsection (b).'';
            (2) by striking subsections (b) and (c);
            (3) by redesignating subsection (d) as subsection (b), and 
        in that subsection--
                    (A) by striking ``Additional Grant Projects.--
                Grants made under subsection (a) may include programs, 
                projects, and other activities to--'' and inserting 
                ``Uses of Grant Amounts.--The purposes for which grants 
                made under subsection (a) may be made are--'';
                    (B) by redesignating paragraphs (1) through (12) as 
                paragraphs (6) through (17), respectively;
                    (C) by inserting before paragraph (6) (as so 
                redesignated) the following new paragraphs:
            ``(1) rehire law enforcement officers who have been laid 
        off as a result of State and local budget reductions for 
        deployment in community-oriented policing;
            ``(2) hire and train new, additional career law enforcement 
        officers for deployment in community-oriented policing across 
        the Nation;
            ``(3) procure equipment, technology, or support systems, or 
        pay overtime, to increase the number of officers deployed in 
        community-oriented policing;
            ``(4) improve security at schools and on school grounds in 
        the jurisdiction of the grantee through--
                    ``(A) placement and use of metal detectors, locks, 
                lighting, and other deterrent measures;
                    ``(B) security assessments;
                    ``(C) security training of personnel and students;
                    ``(D) coordination with local law enforcement; and
                    ``(E) any other measure that, in the determination 
                of the Attorney General, may provide a significant 
                improvement in security;
            ``(5) 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;
            (5) in subsection (c) (as so redesignated) by striking 
        ``subsection (i)'' and inserting ``subsection (g)''; and
            (6) by adding at the end the following new subsection:
    ``(j) Matching Funds for School Security Grants.--Notwithstanding 
subsection (i), in the case of a grant under subsection (a) for the 
purposes described in subsection (b)(4)--
            ``(1) the portion of the costs of a program provided by 
        that grant may not exceed 50 percent;
            ``(2) any funds appropriated by Congress for the activities 
        of any agency of an Indian tribal government or the Bureau of 
        Indian Affairs performing law enforcement functions on any 
        Indian lands may be used to provide the non-Federal share of a 
        matching requirement funded under this subsection; and
            ``(3) the Attorney General may provide, in the guidelines 
        implementing this section, for the requirement of paragraph (1) 
        to be waived or altered in the case of a recipient with a 
        financial need for such a waiver or alteration.''.
    (b) Conforming Amendment.--Section 1702 of title I of such Act (42 
U.S.C. 3796dd-1) is amended in subsection (d)(2) by striking ``section 
1701(d)'' and inserting ``section 1701(b)''.
    (c) Authorization of Appropriations.--Section 1001(a)(11) of title 
I of such Act (42 U.S.C. 3793(a)(11)) is amended--
            (1) in subparagraph (A) by striking ``expended--'' and all 
        that follows through ``2000'' and inserting ``expended 
        $1,047,119,000 for each of fiscal years 2006 through 2009''; 
        and
            (2) in subparagraph (B)--
                    (A) by striking ``section 1701(f)'' and inserting 
                ``section 1701(d)''; and
                    (B) by striking the third sentence.

SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS UNDER PUBLIC 
              SAFETY OFFICERS' DEATH BENEFITS PROGRAMS.

    (a) Persons Eligible for Death Benefits.--Section 1204 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b), 
as most recently amended by section 2(a) of the Mychal Judge Police and 
Fire Chaplains Public Safety Officers' Benefit Act of 2002 (Public Law 
107-196; 116 Stat. 719), is amended--
            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (8) and (9), respectively;
            (2) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) `member of a rescue squad or ambulance crew' means an 
        officially recognized or designated public employee member of a 
        rescue squad or ambulance crew;''; and
            (3) in paragraph (4) by striking ``and'' and all that 
        follows through the end and inserting a semicolon.
    (b) Clarification of Limitation on Payments in Non-Civilian 
Cases.--Section 1202(5) of such Act (42 U.S.C. 3796a(5)) is amended by 
inserting ``with respect'' before ``to any individual''.
    (c) Waiver of Collection in Certain Cases.--Section 1201 of such 
Act (42 U.S.C. 3796) is amended by adding at the end the following:
    ``(m) In any case in which the Bureau paid, before the date of the 
enactment of Public Law 107-196, any benefit under this part to an 
individual who--
            ``(1) before the enactment of that law was entitled to 
        receive that benefit; and
            ``(2) by reason of the retroactive effective date of that 
        law is no longer entitled to receive that benefit,
the Bureau may suspend or end activities to collect that benefit if the 
Bureau determines that collecting that benefit is impractical or would 
cause undue hardship to that individual.''.
    (d) Designation of Beneficiary.--Section 1201(a)(4) of such Act (42 
U.S.C. 3796(a)(4)) is amended to read as follows:
            ``(4) if there is no surviving spouse or surviving child--
                    ``(A) in the case of a claim made on or after the 
                date that is 90 days after the date of the enactment of 
                this subparagraph, to the individual designated by such 
                officer as beneficiary under this section in such 
                officer's most recently executed designation of 
                beneficiary on file at the time of death with such 
                officer's public safety agency, organization, or unit, 
                provided that such individual survived such officer; or
                    ``(B) if there is no individual qualifying under 
                subparagraph (A), to the individual designated by such 
                officer as beneficiary under such officer's most 
                recently executed life insurance policy, provided that 
                such individual survived such officer; or''.

SEC. 255. PRE-RELEASE AND POST-RELEASE PROGRAMS FOR JUVENILE OFFENDERS.

    Section 1801(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796ee(b)) is amended--
            (1) in paragraph (15) by striking ``or'' at the end;
            (2) in paragraph (16) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(17) establishing, improving, and coordinating pre-
        release and post-release systems and programs to facilitate the 
        successful reentry of juvenile offenders from State or local 
        custody in the community.''.

SEC. 256. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANTS.

    Section 1810(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg-10(a)) is amended by striking ``2002 through 
2005'' and inserting ``2006 through 2009''.

SEC. 257. SEX OFFENDER MANAGEMENT.

    Section 40152 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 258. EVIDENCE-BASED APPROACHES.

    Section 1802 of the Omnibus Crime Control and Safe Streets Act of 
1968 is amended--
            (1) in subsection (a)(1)(B) by inserting ``, including the 
        extent to which evidence-based approaches are utilized'' after 
        ``part''; and
            (2) in subsection (b)(1)(A)(ii) by inserting ``, including 
        the extent to which evidence-based approaches are utilized'' 
        after ``part''.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107-56.

    (a) Striking Surplus Words.--
            (1) Section 2703(c)(1) of title 18, United States Code, is 
        amended by striking ``or'' at the end of subparagraph (C).
            (2) Section 1960(b)(1)(C) of title 18, United States Code, 
        is amended by striking ``to be used to be used'' and inserting 
        ``to be used''.
    (b) Punctuation and Grammar Corrections.--Section 2516(1)(q) of 
title 18, United States Code, is amended--
            (1) by striking the semicolon after the first close 
        parenthesis; and
            (2) by striking ``sections'' and inserting ``section''.
    (c) Cross Reference Correction.--Section 322 of Public Law 107-56 
is amended, effective on the date of the enactment of that section, by 
striking ``title 18'' and inserting ``title 28''.
    (d) Capitalization Correction.--Subsections (a) and (b) of section 
2703 of title 18, United States Code, are each amended by striking 
``Contents of wire or electronic'' and inserting ``Contents of Wire or 
Electronic''.

SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS.

    (a) Table of Sections Omission.--The table of sections at the 
beginning of chapter 203 of title 18, United States Code, is amended by 
inserting after the item relating to section 3050 the following new 
item:

``3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, 
                            Firearms, and Explosives.''.
    (b) Repeal of Duplicative Program.--Section 316 of Part A of the 
Runaway and Homeless Youth Act (42 U.S.C. 5712d), as added by section 
40155 of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322; 108 Stat. 1922), is repealed.

SEC. 303. USE OF FEDERAL TRAINING FACILITIES.

    (a) Federal Training Facilities.--Unless specifically authorized in 
writing by the Attorney General, the Department of Justice (and each 
entity within it) shall use for any predominately internal training or 
conference meeting only a facility that does not require a payment to a 
private entity for use of the facility.
    (b) Annual Report.--The Attorney General shall prepare an annual 
report to the Chairmen and ranking minority members of the Committees 
on the Judiciary of the Senate and of the House of Representatives that 
details each training and conference meeting that requires specific 
authorization under subsection (a). The report shall include an 
explanation of why the facility was chosen, and a breakdown of any 
expenditures incurred in excess of the cost of conducting the training 
or meeting at a facility that did not require such authorization.

SEC. 304. PRIVACY OFFICER.

    (a) In General.--The Attorney General shall designate a senior 
official in the Department of Justice to assume primary responsibility 
for privacy policy.
    (b) Responsibilities.--The responsibilities of such official shall 
include--
            (1) assuring that the use of technologies sustain, and do 
        not erode, privacy protections relating to the use, collection, 
        and disclosure of personally identifiable information;
            (2) assuring that personally identifiable information 
        contained in systems of records is handled in full compliance 
        with fair information practices as set out in section 552a of 
        title 5, United States Code;
            (3) evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personally 
        identifiable information by the Federal Government;
            (4) conducting a privacy impact assessment of proposed 
        rules of the Department on the privacy of personally 
        identifiable information, including the type of personally 
        identifiable information collected and the number of people 
        affected;
            (5) preparing a report to Congress on an annual basis on 
        activities of the Department that affect privacy, including 
        complaints of privacy violations, implementation of section 
        552a of title 5, United States Code, internal controls, and 
        other relevant matters;
            (6) ensuring that the Department protects personally 
        identifiable information and information systems from 
        unauthorized access, use, disclosure, disruption, modification, 
        or destruction in order to provide--
                    (A) integrity, which means guarding against 
                improper information modification or destruction, and 
                includes ensuring information nonrepudiation and 
                authenticity;
                    (B) confidentially, which means preserving 
                authorized restrictions on access and disclosure, 
                including means for protecting personal privacy and 
                proprietary information;
                    (C) availability, which means ensuring timely and 
                reliable access to and use of that information; and
                    (D) authentication, which means utilizing digital 
                credentials to assure the identity of users and 
                validate their access; and
            (7) advising the Attorney General and the Director of the 
        Office of Management and Budget on information security and 
        privacy issues pertaining to Federal Government information 
        systems.
    (c) Review.--The Department of Justice shall review its policies to 
assure that the Department treats personally identifiable information 
in its databases in a manner that complies with applicable Federal law 
on privacy.

SEC. 305. BANKRUPTCY CRIMES.

    The Director of the Executive Office for United States Trustees 
shall prepare an annual report to the Congress detailing--
            (1) the number and types of criminal referrals made by the 
        United States Trustee Program;
            (2) the outcomes of each criminal referral;
            (3) for any year in which the number of criminal referrals 
        is less than for the prior year, an explanation of the 
        decrease; and
            (4) the United States Trustee Program's efforts to prevent 
        bankruptcy fraud and abuse, particularly with respect to the 
        establishment of uniform internal controls to detect common, 
        higher risk frauds, such as a debtor's failure to disclose all 
        assets.

SEC. 306. REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR 
              RESIDENTS DETAINED ON SUSPICION OF TERRORISM.

    Not less often than once every 12 months, the Attorney General 
shall submit to Congress a report on the status of United States 
persons or residents detained, as of the date of the report, on 
suspicion of terrorism. The report shall--
            (1) specify the number of persons or residents so detained; 
        and
            (2) specify the standards developed by the Department of 
        Justice for recommending or determining that a person should be 
        tried as a criminal defendant or should be designated as an 
        enemy combatant.

SEC. 307. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL 
              ABUSE OFFENSES IN CORRECTIONAL FACILITIES.

    (a) Expanded Jurisdiction.--The following provisions of title 18, 
United States Code, are each amended by inserting ``or in the custody 
of the Attorney General or the Bureau of Prisons or any institution or 
facility in which the person is confined by direction of the Attorney 
General,'' after ``in a Federal prison,'':
            (1) Subsections (a) and (b) of section 2241.
            (2) The first sentence of subsection (c) of section 2241.
            (3) Section 2242.
            (4) Subsections (a) and (b) of section 2243.
            (5) Subsections (a) and (b) of section 2244.
    (b) Increased Penalties.--
            (1) Sexual abuse of a ward.--Section 2243(b) of such title 
        is amended by striking ``one year'' and inserting ``five 
        years''.
            (2) Abusive sexual contact.--Section 2244 of such title is 
        amended by striking ``six months'' and inserting ``two years'' 
        in each of subsections (a)(4) and (b).

SEC. 308. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN CORRECTIONAL 
              FACILITIES.

    Section 1791(a) of title 18, United States Code, is amended in each 
of paragraphs (1) and (2) by inserting ``or an individual in the 
custody of the Attorney General or the Bureau of Prisons or any 
institution or facility in which the person is confined by direction of 
the Attorney General'' after ``an inmate of a prison''.

SEC. 309. MAGISTRATE JUDGE'S AUTHORITY TO CONTINUE PRELIMINARY HEARING.

    The second sentence of section 3060(c) of title 18, United States 
Code, is amended to read as follows: ``In the absence of such consent 
of the accused, the judge or magistrate judge may extend the time 
limits only on a showing that extraordinary circumstances exist and 
justice requires the delay.''.

SEC. 310. TECHNICAL CORRECTIONS RELATING TO STEROIDS.

    Section 102(41)(A) of the Controlled Substances Act (21 U.S.C. 
802(41)(A)), as amended by the Anabolic Steroid Control Act of 2004 
(Public law 108-358), is amended by--
            (1) striking clause (xvii) and inserting the following:
            ``(xvii) 13b-ethyl-17b-hydroxygon-4-en-3-one;''; and
            (2) striking clause (xliv) and inserting the following:
            ``(xliv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
        eno[3,2-c]-pyrazole);''.

SEC. 311. PRISON RAPE COMMISSION EXTENSION.

    Section 7 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 
15606) is amended in subsection (d)(3)(A) by striking ``2 years'' and 
inserting ``3 years''.

SEC. 312. LONGER STATUTE OF LIMITATION FOR HUMAN TRAFFICKING-RELATED 
              OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3298. Trafficking-related offenses
    ``No person shall be prosecuted, tried, or punished for any non-
capital offense or conspiracy to commit a non-capital offense under 
section 1581 (Peonage; Obstructing Enforcement), 1583 (Enticement into 
Slavery), 1584 (Sale into Involuntary Servitude), 1589 (Forced Labor), 
1590 (Trafficking with Respect to Peonage, Slavery, Involuntary 
Servitude, or Forced Labor), or 1592 (Unlawful Conduct with Respect to 
Documents in furtherance of Trafficking, Peonage, Slavery, Involuntary 
Servitude, or Forced Labor) of this title or under section 274(a) of 
the Immigration and Nationality Act unless the indictment is found or 
the information is instituted not later than 10 years after the 
commission of the offense.''.
    (b) Clerical amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``3298. Trafficking-related offenses.''.
    (c) Modification of Statute Applicable to Offense Against 
Children.--Section 3283 of title 18, United States Code, is amended by 
inserting ``, or for ten years after the offense, whichever is longer'' 
after ``of the child''.

SEC. 313. USE OF CENTER FOR CRIMINAL JUSTICE TECHNOLOGY.

    (a) In General.--The Attorney General may use the services of the 
Center for Criminal Justice Technology, a nonprofit ``center of 
excellence'' that provides technology assistance and expertise to the 
criminal justice community.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section the 
following amounts, to remain available until expended:
            (1) $7,500,000 for fiscal year 2006;
            (2) $7,500,000 for fiscal year 2007; and
            (3) $10,000,000 for fiscal year 2008.

SEC. 314. SEARCH GRANTS.

    (a) In General.--Pursuant to subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968, the Attorney 
General may make grants to SEARCH, the National Consortium for Justice 
Information and Statistics, to carry out the operations of the National 
Technical Assistance and Training Program.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$2,000,000 for each of fiscal years 2006 through 2009.

SEC. 315. REAUTHORIZATION OF LAW ENFORCEMENT TRIBUTE ACT.

    Section 11001 of Public Law 107-273 (42 U.S.C. 15208; 116 Stat. 
1816) is amended in subsection (i) by striking ``2006'' and inserting 
``2009''.

SEC. 316. AMENDMENT REGARDING BULLYING AND GANGS.

    Paragraph (13) of section 1801(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amended to read as 
follows:
            ``(13) establishing and maintaining accountability-based 
        programs that are designed to enhance school safety, which 
        programs may include reseach-based bullying and gang prevention 
        programs;''.

SEC. 317. TRANSFER OF PROVISIONS RELATING TO THE BUREAU OF ALCOHOL, 
              TOBACCO, FIREARMS, AND EXPLOSIVES.

    (a) Organizational Provision.--Part II of title 28, United States 
Code, is amended by adding at the end the following new chapter:

  ``CHAPTER 40A--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES

``Sec.
``599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
``599B. Personnel management demonstration project.''.
    (b) Transfer of Provisions.--The section heading for, and 
subsections (a), (b), (c)(1), and (c)(3) of, section 1111, and section 
1115, of the Homeland Security Act of 2002 (6 U.S.C. 531(a), (b), 
(c)(1), and (c)(3), and 533) are hereby transferred to, and added at 
the end of chapter 40A of such title, as added by subsection (a) of 
this section.
    (c) Conforming Amendments.--
            (1) Such section 1111 is amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives'';
                and
                    (B) in subsection (b)(2), by inserting ``of section 
                1111 of the Homeland Security Act of 2002 (as enacted 
                on the date of the enactment of such Act)'' after 
                ``subsection (c)'',
        and such section heading and such subsections (as so amended) 
        shall constitute section 599A of such title.
            (2) Such section 1115 is amended by striking the section 
        heading and inserting the following:
``Sec. 599B. Personnel management demonstration project'',
        and such section (as so amended) shall constitute section 599B 
        of such title.
    (d) Clerical Amendment.--The chapter analysis for such part is 
amended by adding at the end the following new item:

``40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives.    599A''.

SEC. 318. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND TRAINING 
              PROJECTS PROGRAM.

    Section 32401(b) of the Violent Crime Control Act of 1994 (42 
U.S.C. 13921(b)) is amended by striking paragraphs (1) through (6) and 
inserting the following:
            ``(1) $20,000,000 for fiscal year 2006;
            ``(2) $20,000,000 for fiscal year 2007;
            ``(3) $20,000,000 for fiscal year 2008;
            ``(4) $20,000,000 for fiscal year 2009; and
            ``(5) $20,000,000 for fiscal year 2010.''.

SEC. 319. NATIONAL TRAINING CENTER.

    (a) In General.--The Attorney General may use the services of the 
National Training Center in Sioux City, Iowa, to utilize a national 
approach to bring communities and criminal justice agencies together to 
receive training to control the growing national problem of 
methamphetamine, poly drugs and their associated crimes. The National 
Training Center in Sioux City, Iowa, seeks a comprehensive approach to 
control and reduce methamphetamine trafficking, production and usage 
through training.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section the 
following amounts, to remain available until expended:
            (1) $2,500,000 for fiscal year 2006.
            (2) $3,000,000 for fiscal year 2007.
            (3) $3,000,000 for fiscal year 2008.
            (4) $3,000,000 for fiscal year 2009.

SEC. 320. SENSE OF CONGRESS RELATING TO ``GOOD TIME'' RELEASE.

    It is the sense of Congress that it is important to study the 
concept of implementing a ``good time'' release program for non-violent 
criminals in the Federal prison system.

SEC. 321. POLICE BADGES.

    Section 716 of title 18, United States Code, is amended--
            (1) in subsection (b), by inserting ``is a genuine police 
        badge and'' after ``that the badge''; and
            (2) by adding at the end the following:
    ``(d) It is a defense to a prosecution under this section that the 
badge is a counterfeit police badge and is used or is intended to be 
used exclusively--
            ``(1) for a dramatic presentation, such as a theatrical, 
        film, or television production; or
            ``(2) for legitimate law enforcement purposes.''.

SEC. 322. OFFICIALLY APPROVED POSTAGE.

    Section 475 of title 18, United States Code, is amended by adding 
at the end the following: ``Nothing in this section applies to evidence 
of postage payment approved by the United States Postal Service.''.

      TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005

SEC. 401. SHORT TITLE.

    Titles IV through X of this Act may be cited as the ``Violence 
Against Women Reauthorization Act of 2005''.

SEC. 402. DEFINITIONS AND REQUIREMENTS FOR PROGRAMS RELATING TO 
              VIOLENCE AGAINST WOMEN.

    Part T of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended by inserting before section 2001 (42 U.S.C. 3796gg) the 
following new sections:

``SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING TO VIOLENCE AGAINST 
              WOMEN ARE GENDER-NEUTRAL.

    ``In this part, and in any other Act of Congress, unless the 
context unequivocally requires otherwise, a provision authorizing or 
requiring the Department of Justice to make grants, or to carry out 
other activities, for assistance to victims of domestic violence, 
dating violence, stalking, sexual assault, or trafficking in persons, 
shall be construed to cover grants that provide assistance to female 
victims, male victims, or both.

``SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION CARRIED OUT BY 
              VIOLENCE AGAINST WOMEN OFFICE.

    ``(a) In General.--In this part, and in any violence against women 
provision, unless the context unequivocally requires otherwise, the 
following definitions apply:
            ``(1) Courts.--The term `courts' means any civil or 
        criminal, tribal, and Alaskan Village, Federal, State, local or 
        territorial court having jurisdiction to address domestic 
        violence, dating violence, sexual assault or stalking, 
        including immigration, family, juvenile, and dependency courts, 
        and the judicial officers serving in those courts, including 
        judges, magistrate judges, commissioners, justices of the 
        peace, or any other person with decisionmaking authority.
            ``(2) Child maltreatment.--The term `child maltreatment' 
        means the physical or psychological abuse or neglect of a child 
        or youth, including sexual assault and abuse.
            ``(3) Community-based organization.--The term `community-
        based organization' means an organization that--
                    ``(A) focuses primarily on domestic violence, 
                dating violence, sexual assault, or stalking;
                    ``(B) has established a specialized culturally 
                specific program that addresses domestic violence, 
                dating violence, sexual assault, or stalking;
                    ``(C) has a primary focus on underserved 
                populations (and includes representatives of these 
                populations) and domestic violence, dating violence, 
                sexual assault, or stalking; or
                    ``(D) obtains expertise, or shows demonstrated 
                capacity to work effectively, on domestic violence, 
                dating violence, sexual assault, and stalking through 
                collaboration.
            ``(4) Court-based and court-related personnel.--The term 
        `court-based' and `court-related personnel' mean persons 
        working in the court, whether paid or volunteer, including--
                    ``(A) clerks, special masters, domestic relations 
                officers, administrators, mediators, custody 
                evaluators, guardians ad litem, lawyers, negotiators, 
                probation, parole, interpreters, victim assistants, 
                victim advocates, and judicial, administrative, or any 
                other professionals or personnel similarly involved in 
                the legal process;
                    ``(B) court security personnel;
                    ``(C) personnel working in related, supplementary 
                offices or programs (such as child support 
                enforcement); and
                    ``(D) any other court-based or community-based 
                personnel having responsibilities or authority to 
                address domestic violence, dating violence, sexual 
                assault, or stalking in the court system.
            ``(5) Domestic violence.--The term `domestic violence' 
        includes felony or misdemeanor crimes of violence committed by 
        a current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabitating with or has cohabitated with the victim as a 
        spouse, by a person similarly situated to a spouse of the 
        victim under the domestic or family violence laws of the 
        jurisdiction receiving grant monies, or by any other person 
        against an adult, youth, or minor victim who is protected from 
        that person's acts under the domestic or family violence laws 
        of the jurisdiction receiving grant monies.
            ``(6) Dating partner.--The term `dating partner' refers to 
        a person who is or has been in an ongoing social relationship 
        of a romantic or intimate nature with the abuser, and existence 
        of such a relationship based on a consideration of--
                    ``(A) the length of the relationship;
                    ``(B) the type of relationship; and
                    ``(C) the frequency of interaction between the 
                persons involved in the relationship.
            ``(7) Dating violence.--The term `dating violence' means 
        violence committed by a person--
                    ``(A) who is or has been in an ongoing social 
                relationship of a romantic or intimate nature with the 
                victim; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of the 
                following factors:
                            ``(i) The length of the relationship.
                            ``(ii) The type of relationship.
                            ``(iii) The frequency of interaction 
                        between the persons involved in the 
                        relationship.
            ``(8) Elder abuse.--The term `elder abuse' means any action 
        against a person who is 60 years of age or older that 
        constitutes the willful--
                    ``(A) infliction of injury, unreasonable 
                confinement, intimidation, or cruel punishment with 
                resulting physical harm, pain, or mental anguish; or
                    ``(B) deprivation by a person, including a 
                caregiver, of goods or services that are necessary to 
                avoid physical harm, mental anguish, or mental illness.
            ``(9) Indian.--The term `Indian' means a member of an 
        Indian tribe.
            ``(10) Indian housing.--The term `Indian housing' means 
        housing assistance described in the Native American Assistance 
        and Self-Determination Act of (25 U.S.C. 4101 et seq., as 
        amended).
            ``(11) Indian tribe.--The term `Indian tribe' means a 
        tribe, band, pueblo, nation, or other organized group or 
        community of Indians, including any Alaska Native village or 
        regional or village corporation (as defined in, or established 
        pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 
        1601 et seq.)), that is recognized as eligible for the special 
        programs and services provided by the United States to Indians 
        because of their status as Indians.
            ``(12) Indian law enforcement.--The term `Indian law 
        enforcement' means the departments or individuals under the 
        direction of the Indian tribe that maintain public order.
            ``(13) Law enforcement.--The term `law enforcement' means a 
        public agency charged with policing functions, including any of 
        its component bureaus (such as governmental victim services 
        programs), including those referred to in section 3 of the 
        Indian Enforcement Reform Act (25 U.S.C. 2802).
            ``(14) Legal assistance.--The term `legal assistance'--
                    ``(A) includes assistance to adult, youth, and 
                minor victims of domestic violence, dating violence, 
                sexual assault, and stalking in--
                            ``(i) family, tribal, territorial, 
                        immigration, employment, administrative agency, 
                        housing matters, campus administrative or 
                        protection or stay away order proceedings, and 
                        other similar matters; and
                            ``(ii) criminal justice investigations, 
                        prosecutions and post-trial matters (including 
                        sentencing, parole, and probation) that impact 
                        the victim's safety and privacy, subject to 
                        subparagraph (B); and
                    ``(B) does not include representation of a 
                defendant in a criminal or juvenile proceeding.
            ``(15) Linguistically and culturally specific services.--
        The term `linguistically and culturally specific services' 
        means community-based services that offer full linguistic 
        access and culturally specific services and resources, 
        including outreach, collaboration, and support mechanisms 
        primarily directed toward racial and ethnic populations and 
        other underserved communities.
            ``(16) Personally identifying information or personal 
        information.--The term `personally identifying information' or 
        `personal information' means individually identifying 
        information for or about an individual including information 
        likely to disclose the location of a victim of domestic 
        violence, dating violence, sexual assault, or stalking, 
        including--
                    ``(A) a first and last name;
                    ``(B) a home or other physical address;
                    ``(C) contact information (including a postal, e-
                mail or Internet protocol address, or telephone or 
                facsimile number);
                    ``(D) a social security number; and
                    ``(E) any other information, including date of 
                birth, racial or ethnic background, or religious 
                affiliation, that, in combination with any of 
                subparagraphs (A) through (D), would serve to identify 
                any individual.
            ``(17) Prosecution.--The term `prosecution' means any 
        public agency charged with direct responsibility for 
        prosecuting criminal offenders, including such agency's 
        component bureaus (such as governmental victim services 
        programs).
            ``(18) Protection order or restraining order.--The term 
        `protection order' or `restraining order' includes--
                    ``(A) any injunction, restraining order, or any 
                other order issued by a civil or criminal court for the 
                purpose of preventing violent or threatening acts or 
                harassment against, sexual violence or contact or 
                communication with or physical proximity to, another 
                person, including any temporary or final orders issued 
                by civil or criminal courts whether obtained by filing 
                an independent action or as a pendente lite order in 
                another proceeding so long as any civil order was 
                issued in response to a complaint, petition, or motion 
                filed by or on behalf of a person seeking protection; 
                and
                    ``(B) any support, child custody or visitation 
                provisions, orders, remedies, or relief issued as part 
                of a protection order, restraining order, or stay away 
                injunction pursuant to State, tribal, territorial, or 
                local law authorizing the issuance of protection 
                orders, restraining orders, or injunctions for the 
                protection of victims of domestic violence, dating 
                violence, sexual assault, or stalking.
            ``(19) Rural area and rural community.--The terms `rural 
        area' and `rural community' mean--
                    ``(A) any area or community, respectively, no part 
                of which is within an area designated as a standard 
                metropolitan statistical area by the Office of 
                Management and Budget; or
                    ``(B) any area or community, respectively, that 
                is--
                            ``(i) within an area designated as a 
                        metropolitan statistical area or considered as 
                        part of a metropolitan statistical area; and
                            ``(ii) located in a rural census tract.
            ``(20) Rural state.--The term `rural State' means a State 
        that has a population density of 52 or fewer persons per square 
        mile or a State in which the largest county has fewer than 
        150,000 people, based on the most recent decennial census.
            ``(21) Sexual assault.--The term `sexual assault' means any 
        conduct prescribed by chapter 109A of title 18, United States 
        Code, whether or not the conduct occurs in the special maritime 
        and territorial jurisdiction of the United States or in a 
        Federal prison and includes both assaults committed by 
        offenders who are strangers to the victim and assaults 
        committed by offenders who are known or related by blood or 
        marriage to the victim.
            ``(22) Stalking.--The term `stalking' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to--
                    ``(A) fear for his or her safety or the safety of 
                others; or
                    ``(B) suffer substantial emotional distress.
            ``(23) State.--The term `State' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and except as otherwise provided, Guam, American Samoa, 
        the Virgin Islands, and the Northern Mariana Islands.
            ``(24) State domestic violence coalition.--The term `State 
        domestic violence coalition' means a program determined by the 
        Administration for Children and Families under the Family 
        Violence Prevention and Services Act (42 U.S.C. 10410(b)).
            ``(25) State sexual assault coalition.--The term `State 
        sexual assault coalition' means a program determined by the 
        Center for Injury Prevention and Control of the Centers for 
        Disease Control and Prevention under the Public Health Service 
        Act (42 U.S.C. 280b et seq.).
            ``(26) Territorial domestic violence or sexual assault 
        coalition.--The term `territorial domestic violence or sexual 
        assault coalition' means a program addressing domestic violence 
        that is--
                    ``(A) an established nonprofit, nongovernmental 
                territorial coalition addressing domestic violence or 
                sexual assault within the territory; or
                    ``(B) a nongovernmental organization with a 
                demonstrated history of addressing domestic violence or 
                sexual assault within the territory that proposes to 
                incorporate as a nonprofit, nongovernmental territorial 
                coalition.
            ``(27) Tribal coalition.--The term `tribal coalition' 
        means--
                    ``(A) an established nonprofit, nongovernmental 
                tribal coalition addressing domestic violence and 
                sexual assault against American Indian and Alaskan 
                Native women; or
                    ``(B) individuals or organizations that propose to 
                incorporate as nonprofit, nongovernmental tribal 
                coalitions to address domestic violence and sexual 
                assault against American Indian and Alaskan Native 
                women.
            ``(28) Tribal government.--The term `tribal government' 
        means--
                    ``(A) the governing body of an Indian tribe; or
                    ``(B) a tribe, band, pueblo, nation, or other 
                organized group or community of Indians, including any 
                Alaska Native village or regional or village 
                corporation (as defined in, or established pursuant to, 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.)), that is recognized as eligible for the 
                special programs and services provided by the United 
                States to Indians because of their status as Indians.
            ``(29) Tribal organization.--The term `tribal organization' 
        means--
                    ``(A) the governing body of any Indian tribe;
                    ``(B) any legally established organization of 
                Indians which is controlled, sanctioned, or chartered 
                by such governing body of a tribe or tribes to be 
                served, or which is democratically elected by the adult 
                members of the Indian community to be served by such 
                organization and which includes the maximum 
                participation of Indians in all phases of its 
                activities; or
                    ``(C) any tribal nonprofit organization.
            ``(30) Underserved populations.--The term `underserved 
        populations' includes populations underserved because of 
        geographic location, underserved racial and ethnic populations, 
        populations underserved because of special needs (such as 
        language barriers, disabilities, alienage status, or age), and 
        any other population determined to be underserved by the 
        Attorney General.
            ``(31) Victim advocate.--The term `victim advocate' means a 
        person, whether paid or serving as a volunteer, who provides 
        services to victims of domestic violence, sexual assault, 
        stalking, or dating violence under the auspices or supervision 
        of a victim services program.
            ``(32) Victim assistant.--The term `victim assistant' means 
        a person, whether paid or serving as a volunteer, who provides 
        services to victims of domestic violence, sexual assault, 
        stalking, or dating violence under the auspices or supervision 
        of a court or a law enforcement or prosecution agency.
            ``(33) Victim services or victim service provider.--The 
        term `victim services' or `victim service provider' means a 
        nonprofit, nongovernmental organization that assists domestic 
        violence, dating violence, sexual assault, or stalking victims, 
        including rape crisis centers, domestic violence shelters, 
        faith-based organizations, and other organizations, with a 
        documented history of effective work, or a demonstrated 
        capacity to work effectively in collaboration with an 
        organization with a documented history of effective work, 
        concerning domestic violence, dating violence, sexual assault, 
        or stalking.
            ``(34) Youth.--The term `youth' means teen and young adult 
        victims of domestic violence, dating violence, sexual assault, 
        or stalking.
    ``(b) Violence Against Women Provision.--In this section, the term 
`violence against women provision' means any provision required by law 
to be carried out by or through the Violence Against Women Office.

``SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT PROGRAM CARRIED OUT 
              BY VIOLENCE AGAINST WOMEN OFFICE.

    ``(a) In General.--In carrying out grants under this part, and in 
carrying out grants under any other violence against women grant 
program, the Director of the Violence Against Women Office shall ensure 
each of the following:
            ``(1) Nondisclosure of confidential or private 
        information.--
                    ``(A) In general.--In order to ensure the safety of 
                adult, youth, and minor victims of domestic violence, 
                dating violence, sexual assault, or stalking, and their 
                families, each grantee and subgrantee shall reasonably 
                protect the confidentiality and privacy of persons 
                receiving services.
                    ``(B) Nondisclosure.--Subject to subparagraph (C), 
                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.
                    ``(C) Release.--If release of information described 
                in subparagraph (B) is compelled by statutory or court 
                mandate or is requested by a Member of Congress--
                            ``(i) grantees and subgrantees shall make 
                        reasonable attempts to provide notice to 
                        victims affected by the disclosure of 
                        information; and
                            ``(ii) grantees and subgrantees shall take 
                        steps necessary to protect the privacy and 
                        safety of the persons affected by the release 
                        of the information.
                    ``(D) Information sharing.--Grantees and 
                subgrantees may share--
                            ``(i) nonpersonally identifying data in the 
                        aggregate regarding services to their clients 
                        and nonpersonally identifying demographic 
                        information in order to comply with Federal, 
                        State, tribal, or territorial reporting, 
                        evaluation, or data collection requirements; 
                        and
                            ``(ii) court-generated information and law-
                        enforcement generated information contained in 
                        secure, governmental registries for 
                        investigation, prosecution, and enforcement 
                        purposes.
            ``(2) Approved activities.--In carrying out activities 
        under the grant program, grantees and subgrantees may 
        collaborate with and provide information to Federal, State, 
        local, tribal, and territorial public officials and agencies to 
        develop and implement policies to reduce or eliminate domestic 
        violence, dating violence, sexual assault, and stalking.
            ``(3) Non-supplantation.--Any Federal funds received under 
        the grant program shall be used to supplement, not supplant, 
        non-Federal funds that would otherwise be available for the 
        activities carried out under the grant.
            ``(4) Use of funds.--Funds authorized and appropriated 
        under the grant program may be used only for the specific 
        purposes described in the grant program and shall remain 
        available until expended.
            ``(5) Evaluation.--Grantees must collect data for use to 
        evaluate the effectiveness of the program (or for use to carry 
        out related research), pursuant to the requirements described 
        in paragraph (1)(D).
            ``(6) Prohibition on lobbying.--Any funds appropriated for 
        the grant program shall be subject to the prohibition in 
        section 1913 of title 18, United States Code, relating to 
        lobbying with appropriated moneys.
            ``(7) Prohibition on tort litigation.--Funds appropriated 
        for the grant program may not be used to fund civil 
        representation in a lawsuit based on a tort claim. This 
        paragraph shall not be construed as a prohibition on providing 
        assistance to obtain restitution in a protection order or 
        criminal case.
    ``(b) Violence Against Women Grant Program.--In this section, the 
term `violence against women grant program' means any grant program 
required by law to be carried out by or through the Violence Against 
Women Office.''.

    TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                                VIOLENCE

SEC. 501. STOP GRANTS IMPROVEMENTS.

    (a) Authorization of Appropriations.--Section 1001(a)(18) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(8)) is amended by striking ``$185,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$215,000,000 for each of 
fiscal years 2006 through 2010''.
    (b) Purpose Area Enhancements.--Section 2001(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg(b)) is amended--
            (1) by striking ``, and specifically, for the purposes of--
        '' and inserting ``, including collaborating with and informing 
        public officials and agencies in order to develop and implement 
        policies to reduce or eliminate domestic violence, dating 
        violence, sexual assault, and stalking, and specifically only 
        for the purposes of--'';
            (2) in paragraph (5), by inserting after ``protection 
        orders are granted,'' the following: ``supporting nonprofit 
        nongovernmental victim services programs and tribal 
        organizations in working with public officials and agencies to 
        develop and implement policies, rules, and procedures in order 
        to reduce or eliminate domestic violence, dating violence, 
        sexual assault, and stalking,'';
            (3) in paragraph (10), by striking ``and'' after the 
        semicolon; and
            (4) by adding at the end the following:
            ``(12) maintaining core victim services and criminal 
        justice initiatives, while supporting complementary new 
        initiatives and emergency services for victims and their 
        families; and
            ``(13) supporting the placement of special victim 
        assistants (to be known as `Jessica Gonzales Victim 
        Assistants') in local law enforcement agencies to serve as 
        liaisons between victims of domestic violence, dating violence, 
        sexual assault, and stalking and personnel in local law 
        enforcement agencies in order to improve the enforcement of 
        protection orders. Jessica Gonzales Victim Assistants shall 
        have expertise in domestic violence, dating violence, sexual 
        assault, or stalking and may undertake the following 
        activities--
                    ``(A) developing, in collaboration with 
                prosecutors, courts, and victim service providers, 
                standardized response policies for local law 
                enforcement agencies, including triage protocols to 
                ensure that dangerous or potentially lethal cases are 
                identified and prioritized;
                    ``(B) notifying persons seeking enforcement of 
                protection orders as to what responses will be provided 
                by the relevant law enforcement agency;
                    ``(C) referring persons seeking enforcement of 
                protection orders to supplementary services (such as 
                emergency shelter programs, hotlines, or legal 
                assistance services); and
                    ``(D) taking other appropriate action to assist or 
                secure the safety of the person seeking enforcement of 
                a protection order.''.
    (c) Clarification of Activities Regarding Underserved 
Populations.--Section 2007 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended--
            (1) in subsection (c)(2), by inserting before the semicolon 
        the following: ``and describe how the State will address the 
        needs of racial and ethnic minorities and other underserved 
        populations''; and
            (2) in subsection (e)(2), by striking subparagraph (D) and 
        inserting the following:
                    ``(D) recognize and meaningfully respond to the 
                needs of racial and ethnic and other underserved 
                populations and ensure that monies set aside to fund 
                services and activities for racial and ethnic and other 
                underserved populations are distributed equitably among 
                those populations.''.
    (d) Tribal and Territorial Setasides.--Section 2007 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1), as 
amended by subsection (c), is further amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``5 percent'' and 
                inserting ``10 percent'';
                    (B) in paragraph (2), by striking ``\1/54\'' and 
                inserting ``\1/56\'';
                    (C) in paragraph (3), by striking ``and the 
                coalition for the combined Territories of the United 
                States, each receiving an amount equal to \1/54\'' and 
                inserting ``Guam, American Samoa, the United States 
                Virgin Islands, and the Commonwealth of the Northern 
                Mariana Islands, each receiving an amount equal to \1/
                56\'';
                    (D) in paragraph (4), by striking ``\1/54\'' and 
                inserting ``\1/56\'';
                    (E) in paragraph (5), by striking ``and'' after the 
                semicolon;
                    (F) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                    (G) by adding at the end:
            ``(7) such funds shall remain available until expended.'';
            (2) in subsection (c)(3)(B), by inserting after ``victim 
        services'' the following: ``, of which at least 10 percent 
        shall be distributed to culturally specific community-based 
        organizations''; and
            (3) in subsection (d)--
                    (A) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) a memorandum of understanding showing that tribal, 
        territorial, State, or local prosecution, law enforcement, and 
        court and victim service provider subgrantees have consulted 
        with tribal, territorial, State, or local victim services 
        programs during the course of developing their grant 
        applications in order to ensure that proposed services, 
        activities and equipment acquisitions are designed to promote 
        the safety, confidentiality, and economic independence of 
        victims of domestic violence, sexual assault, stalking, and 
        dating violence.''.
    (e) Training, Technical Assistance, and Data Collection.--Section 
2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg-1), as amended by this section, is further amended by 
adding at the end the following:
    ``(i) Training, Technical Assistance, and Data Collection.--
            ``(1) In general.--Of the total amounts appropriated under 
        this part, not less than 3 percent and up to 8 percent shall be 
        available for providing training, technical assistance, and 
        data collection relating to the purpose areas of this part to 
        improve the capacity of grantees, subgrantees, and other 
        entities to offer services and assistance to victims of 
        domestic violence, sexual assault, stalking, and dating 
        violence.
            ``(2) Indian training.--The Director of the Violence 
        Against Women Office shall ensure that training, technical 
        assistance, and data collection regarding violence against 
        Indian women will be developed and provided by entities having 
        expertise in tribal law and culture.
    ``(j) Limits on Internet Publication of Registration Information.--
As a condition of receiving grant amounts under this part, the 
recipient shall not make available publicly on the Internet any 
information regarding the registration or filing of a protection order, 
restraining order, or injunction in either the issuing or enforcing 
State, tribal, or territorial jurisdiction, if such publication would 
be likely to publicly reveal the identity or location of the party 
protected under such order. A State, Indian tribe, or territory may 
share court-generated law enforcement generated information contained 
in secure, governmental registries for protection order enforcement 
purposes.''.
    (f) Availability of Forensic Medical Exams.--Section 2010 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4) 
is amended by adding at the end the following:
    ``(c) Use of Funds.--A State or Indian tribal government may use 
Federal grant funds under this part to pay for forensic medical exams 
performed by trained examiners for victims of sexual assault, except 
that such funds may not be used to pay for forensic medical exams by 
any State or Indian tribal government that requires victims of sexual 
assault to seek reimbursement for such exams from their insurance 
carriers.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to permit a State to require a victim of sexual assault to 
participate in the criminal justice system or cooperate with law 
enforcement in order to be provided with a forensic medical exam, 
reimbursement for charges incurred on account of such an exam, or 
both.''.
    (g) Polygraph Testing Prohibition.--Part T of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 
amended by adding at the end the following new section:

``SEC. 2012. POLYGRAPH TESTING PROHIBITION.

    ``In order to be eligible for grants under this part, a State, 
Indian tribal government, or unit of local government must certify 
within three years of enactment of the Violence Against Women 
Reauthorization Act of 2005 that their laws, policies, or practices 
ensure that no law enforcement officer, prosecuting officer, or other 
government official shall ask or require an adult, youth, or minor 
victim of a sex offense as defined under Federal, tribal, State, 
territorial or local law to submit to a polygraph examination or 
similar truth-telling device or method as a condition for proceeding 
with the investigation, charging or prosecution of such an offense. A 
victim's refusal to submit to the aforementioned shall not prevent the 
investigation, charging or prosecution of the pending case.''.
    (h) No Matching Requirement.--Part T of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is further 
amended by adding at the end the following new section:

``SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN GRANTEES.

    ``No matching funds shall be required for a grant or subgrant made 
under this part, if made--
            ``(1) to a law enforcement agency having fewer than 20 
        officers;
            ``(2) to a victim service provider having an annual 
        operating budget of less than $5,000,000; or
            ``(3) to any entity that the Attorney General determines 
        has adequately demonstrated financial need.''.

SEC. 502. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS 
              IMPROVEMENTS.

    (a) Authorization of Appropriations.--Section 1001(a)(19) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(19)) is amended by striking ``$65,000,000 for each of fiscal 
years 2001 through 2005.'' and inserting ``$65,000,000 for each of 
fiscal years 2006 through 2010. Funds appropriated under this paragraph 
shall remain available until expended.''.
    (b) Grantee Requirements.--Section 2101 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
            (1) in subsection (a), by striking ``to treat domestic 
        violence as a serious violation'' and inserting ``to treat 
        domestic violence, dating violence, sexual assault, and 
        stalking as serious violations'';
            (2) in subsection (b)--
                    (A) in the matter before paragraph (1), by 
                inserting after ``State'' the following: ``, tribal, 
                territorial,'';
                    (B) in paragraph (1), by striking ``mandatory 
                arrest or'';
                    (C) in paragraph (2), by--
                            (i) inserting after ``educational 
                        programs,'' the following: ``protection order 
                        registries,''; and
                            (ii) striking ``domestic violence and 
                        dating violence.'' and inserting ``domestic 
                        violence, dating violence, sexual assault, and 
                        stalking. Such policies, educational programs, 
                        registries, and training shall incorporate 
                        confidentiality and privacy protections for 
                        victims of domestic violence, dating violence, 
                        sexual assault, and stalking.'';
                    (D) in paragraph (3), by--
                            (i) striking ``domestic violence cases'' 
                        and inserting ``domestic violence, dating 
                        violence, sexual assault, and stalking cases''; 
                        and
                            (ii) striking ``groups'' and inserting 
                        ``teams'';
                    (E) in paragraph (5), by striking ``domestic 
                violence and dating violence'' and inserting ``domestic 
                violence, dating violence, sexual assault, and 
                stalking'';
                    (F) in paragraph (6), by--
                            (i) striking ``other'' and inserting 
                        ``civil''; and
                            (ii) inserting after ``domestic violence'' 
                        the following: ``, dating violence, sexual 
                        assault, and stalking''; and
                    (G) by adding at the end the following:
            ``(9) To enhance and support the capacity of victims 
        services programs to collaborate with and inform efforts by 
        State and local jurisdictions and public officials and agencies 
        to develop best practices and policies regarding arrest of 
        domestic violence, dating violence, sexual assault, and 
        stalking offenders and to strengthen protection order 
        enforcement and to reduce or eliminate domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(10) To develop State, tribal, territorial, or local 
        policies, procedures, and protocols for preventing dual arrests 
        and prosecutions in cases of domestic violence, dating 
        violence, sexual assault, and stalking and to develop effective 
        methods for identifying the pattern and history of abuse that 
        indicates which party is the actual perpetrator of abuse.
            ``(11) To plan, develop and establish comprehensive victim 
        service and support centers, such as family justice centers, 
        designed to bring together victim advocates from non-profit, 
        non-governmental victim services organizations, law enforcement 
        officers, prosecutors, probation officers, governmental victim 
        assistants, forensic medical professionals, civil legal 
        attorneys, chaplains, legal advocates, representatives from 
        community-based organizations and other relevant public or 
        private agencies or organizations into one centralized 
        location, in order to improve safety, access to services, and 
        confidentiality for victims and families.
            ``(12) To develop and implement policies and training for 
        police, prosecutors, 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.'';
            (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 within three years of enactment of the 
        Violence Against Women Reauthorization Act of 2005 that their 
        laws, policies, or practices ensure that--
                    ``(A) no law enforcement officer, prosecuting 
                officer or other government official shall ask or 
                require an adult, youth, or minor victim of a sex 
                offense as defined under Federal, tribal, State, 
                territorial, or local law to submit to a polygraph 
                examination or other truth telling device as a 
                condition for proceeding with the investigation, 
                charging or prosecution of such an offense; and
                    ``(B) the refusal of a victim to submit to an 
                examination described in subparagraph (A) shall not 
                prevent the investigation, charging or prosecution of 
                the offense.''; and
            (4) by striking subsections (d) and (e) and inserting the 
        following:
    ``(d) Allotment for Indian Tribes.--Not less than 10 percent of the 
total amount made available for grants under this section for each 
fiscal year shall be available for grants to Indian tribal 
governments.''.
    (c) Applications.--Section 2102(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(b)) is amended in each of 
paragraphs (1) and (2) by inserting after ``involving domestic 
violence'' the following: ``, dating violence, sexual assault, or 
stalking''.
    (d) Training, Technical Assistance, and Data Collection.--Part U of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796hh et seq.) is amended by adding at the end the following:

``SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.

    ``Of the total amounts appropriated under this part, not less than 
5 percent and up to 8 percent shall be available for providing 
training, technical assistance, and data collection relating to the 
purpose areas of this part to improve the capacity of grantees, 
subgrantees, and other entities to offer services and assistance to 
victims of domestic violence and dating violence.''.

SEC. 503. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.

    Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 
3796gg-6) is amended--
            (1) in subsection (a), by--
                    (A) inserting before ``legal assistance'' the 
                following: ``civil and criminal'';
                    (B) inserting after ``effective aid to'' the 
                following: ``adult, youth, and minor''; and
                    (C) striking ``domestic violence, dating violence, 
                stalking, or sexual assault'' and inserting ``domestic 
                violence, dating violence, sexual assault, or 
                stalking'';
            (2) in subsection (c), by striking ``private nonprofit 
        entities, Indian tribal governments,'' and inserting 
        ``nonprofit, nongovernmental organizations, Indian tribal 
        governments and tribal organizations, territorial 
        organizations,'';
            (3) in each of paragraphs (1), (2), and (3) of subsection 
        (c), by striking ``victims of domestic violence, stalking, and 
        sexual assault'' and inserting ``victims of domestic violence, 
        dating violence, sexual assault, and stalking'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``domestic 
                violence, dating violence, or sexual assault'' and 
                inserting ``domestic violence, dating violence, sexual 
                assault, or stalking''; and
                    (B) by striking paragraphs (2) and (3) and 
                inserting the following:
            ``(2) any training program conducted in satisfaction of the 
        requirement of paragraph (1) has been or will be developed with 
        input from and in collaboration with a tribal, State, 
        territorial, or local domestic violence, dating violence, 
        sexual assault or stalking organization or coalition, as well 
        as appropriate tribal, State, territorial, and local law 
        enforcement officials;
            ``(3) any person or organization providing legal assistance 
        through a program funded under subsection (c) has informed and 
        will continue to inform tribal, State, territorial, or local 
        domestic violence, dating violence, sexual assault or stalking 
        organizations and coalitions, as well as appropriate tribal, 
        State, territorial, and local law enforcement officials of 
        their work; and''; and
            (5) in subsection (f)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $55,000,000 for each of fiscal years 
        2006 through 2010. Funds appropriated under this section shall 
        remain available until expended and may be used only for the 
        specific programs and activities described in this section. 
        Funds appropriated under this section may not be used for 
        advocacy.''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by--
                                    (I) striking ``5 percent'' and 
                                inserting ``10 percent'';
                                    (II) striking ``programs'' and 
                                inserting ``tribal governments or 
                                tribal organizations'';
                                    (III) inserting ``adult, youth, and 
                                minor'' after ``that assist''; and
                                    (IV) striking ``domestic violence, 
                                dating violence, stalking, and sexual 
                                assault'' and inserting ``domestic 
                                violence, dating violence, sexual 
                                assault, and stalking''; and
                            (ii) in subparagraph (B), by striking 
                        ``technical assistance to support projects 
                        focused solely or primarily on providing legal 
                        assistance to victims of sexual assault'' and 
                        inserting ``technical assistance in civil and 
                        crime victim matters to adult, youth, and minor 
                        victims of sexual assault''.

SEC. 504. COURT TRAINING AND IMPROVEMENTS.

    The Violence Against Women Act of 1994 is amended by adding after 
subtitle I (42 U.S.C. 14042) the following:

      ``Subtitle J--Violence Against Women Act Court Training and 
                              Improvements

``SEC. 41001. SHORT TITLE.

    ``This subtitle may be cited as the `Violence Against Women Act 
Court Training and Improvements Act of 2005'.

``SEC. 41002. GRANTS FOR COURT TRAINING AND IMPROVEMENTS.

    ``(a) Purpose.--The purpose of this section is to enable the 
Attorney General, though the Director of the Office on Violence Against 
Women, to award grants to improve court responses to adult, youth, and 
minor domestic violence, dating violence, sexual assault, and stalking 
to be used for the following purposes--
            ``(1) improved internal civil and criminal court functions, 
        responses, practices, and procedures;
            ``(2) education for court-based and court-related personnel 
        on issues relating to victims' needs, including safety, 
        security, privacy, confidentiality and economic independence, 
        as well as information about perpetrator behavior and best 
        practices for holding perpetrators accountable;
            ``(3) collaboration and training with Federal, State, and 
        local public agencies and officials and nonprofit, non-
        governmental organizations to improve implementation and 
        enforcement of relevant Federal, State, tribal, territorial and 
        local law;
            ``(4) to enable courts or court-based or court-related 
        programs to develop new or enhance current--
                    ``(A) court infrastructure (such as specialized 
                courts, dockets, intake centers, or interpreter 
                services and linguistically and culturally specific 
                services, or a court system dedicated to the 
                adjudication of domestic violence cases);
                    ``(B) community-based initiatives within the court 
                system (such as court watch programs, victim advocates, 
                or community-based supplementary services);
                    ``(C) offender management, monitoring, and 
                accountability programs;
                    ``(D) safe and confidential information-storage and 
                -sharing databases within and between court systems;
                    ``(E) education and outreach programs (such as 
                interpreters) to improve community access, including 
                enhanced access for racial and ethnic communities and 
                racial and ethnic and other underserved populations (as 
                defined in section 2000B of the Omnibus Crime Control 
                and Safe Streets Act of 1968); and
                    ``(F) other projects likely to improve court 
                responses to domestic violence, dating violence, sexual 
                assault, and stalking;
            ``(5) to provide training, technical assistance, and data 
        collection to tribal, Federal, State, territorial or local 
        courts wishing to improve their practices and procedures or to 
        develop new programs; and
            ``(6) to provide training for specialized service 
        providers, such as interpreters.
    ``(b) Grant Requirements.--Grants awarded under this section shall 
be subject to the following conditions:
            ``(1) Eligible grantees.--Eligible grantees may include--
                    ``(A) tribal, Federal, State, territorial or local 
                courts or court-based programs, provided that the 
                court's internal organizational policies, procedures, 
                or rules do not require mediation or counseling between 
                offenders and victims physically together in cases 
                where domestic violence, dating violence, sexual 
                assault, or stalking is an issue; and
                    ``(B) national, tribal, State, or local private, 
                nonprofit organizations with demonstrated expertise in 
                developing and providing judicial education about 
                domestic violence, dating violence, sexual assault, or 
                stalking.
            ``(2) Conditions of eligibility for certain grants.--
                    ``(A) Court programs.--To be eligible for a grant 
                under subsection (a)(4), applicants shall certify in 
                writing that any courts or court-based personnel 
                working directly with or making decisions about adult, 
                youth, or minor parties experiencing domestic violence, 
                dating violence, sexual assault, and stalking have 
                completed or will complete education about domestic 
                violence, dating violence, sexual assault, and 
                stalking.
                    ``(B) Education programs.--To be eligible for a 
                grant under subsection (a)(2), applicants shall certify 
                in writing that any education program developed under 
                subsection (a)(2) has been or will be developed with 
                significant input from and in collaboration with a 
                national, tribal, State, territorial, or local victim 
                services provider or coalition.
    ``(c) Evaluation.--
            ``(1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women, may evaluate 
        the grants funded under this section.
            ``(2) Tribal grantees.--Evaluation of tribal grantees under 
        this section shall be conducted by entities with expertise in 
        Federal Indian law and tribal court practice.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $4,000,000 for each of fiscal years 
        2006 to 2010.
            ``(2) Set aside.--Of the amounts made available under this 
        section in each fiscal year, not less than 10 percent shall be 
        used for grants to tribes.

``SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CURRICULA.

    ``(a) National Curricula.--
            ``(1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women, shall fund 
        efforts to develop a national education curriculum for use by 
        State and national judicial educators to ensure that all courts 
        and court personnel have access to information about relevant 
        Federal, State, territorial, or local law, promising practices, 
        procedures, and policies regarding court responses to adult, 
        youth, and minor domestic violence, dating violence, sexual 
        assault, and stalking.
            ``(2) Eligible entities.--Any curricula developed under 
        this subsection--
                    ``(A) shall be developed by an entity or entities 
                having demonstrated expertise in developing judicial 
                education curricula on issues relating to domestic 
                violence, dating violence, sexual assault, and 
                stalking; or
                    ``(B) if the primary grantee does not have 
                demonstrated expertise such issues, the curricula shall 
                be developed by the primary grantee in partnership with 
                an organization having such expertise.
    ``(b) Tribal Curricula.--
            ``(1) In general.--The Attorney General, through the Office 
        on Violence Against Women, shall fund efforts to develop 
        education curricula for tribal court judges to ensure that all 
        tribal courts have relevant information about promising 
        practices, procedures, policies, and law regarding tribal court 
        responses to adult, youth, and minor domestic violence, dating 
        violence, sexual assault, and stalking.
            ``(2) Eligible entities.--Any curricula developed under 
        this subsection--
                    ``(A) shall be developed by a tribal organization 
                having demonstrated expertise in developing judicial 
                education curricula on issues relating to domestic 
                violence, dating violence, sexual assault, and 
                stalking; and
                    ``(B) if the primary grantee does not have such 
                expertise, the curricula shall be developed by the 
                primary grantee through partnership with organizations 
                having such expertise.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $1,000,000 for each of fiscal years 
        2006 to 2010.
            ``(2) Availability.--Funds appropriated under this section 
        shall remain available until expended and may only be used for 
        the specific programs and activities described in this section.
            ``(3) Set aside.--Of the amounts made available under this 
        section in each fiscal year, not less than 10 percent shall be 
        used for grants to tribes.

``SEC. 41004. ACCESS TO JUSTICE FOR TEENS.

    ``(a) Purpose.--It is the purpose of this section to encourage 
cross training and collaboration between the courts, domestic violence 
and sexual assault service providers, youth organizations and service 
providers, violence prevention programs, and law enforcement agencies, 
so that communities can establish and implement policies, procedures, 
and practices to protect and more comprehensively and effectively serve 
youth victims of dating violence, domestic violence, sexual assault, 
and stalking between the ages of 12 and 24, and to engage, where 
necessary, other entities addressing the safety, health, mental health, 
social service, housing, and economic needs of youth victims of 
domestic violence, dating violence, sexual assault, and stalking.
    ``(b) Grant Authority.--
            ``(1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women (in this 
        section referred to as the `Director'), shall make grants to 
        eligible entities to enable entities to jointly carry out cross 
        training and other collaborative initiatives that seek to carry 
        out the purposes of this section. Amounts appropriated under 
        this section may only be used for programs and activities 
        described under subsection (c).
            ``(2) Grant periods.--Grants shall be awarded under this 
        section for a period of 3 fiscal years.
            ``(3) Eligible entities.--To be eligible for a grant under 
        this section, a grant applicant shall establish a collaboration 
        that shall include--
                    ``(A) a Tribal, State, Territorial or local 
                juvenile, family, civil, criminal or other trial court 
                with jurisdiction over domestic violence, dating 
                violence, sexual assault or stalking cases (hereinafter 
                referred to as `courts'); and
                    ``(B) a victim service provider that has experience 
                in working on domestic violence, dating violence, 
                sexual assault, or stalking and the effect that those 
                forms of abuse have on young people.
    ``(c) Uses of Funds.--An entity that receives a grant under this 
section shall use the funds made available through the grant for cross-
training and collaborative efforts to--
            ``(1) assess and analyze currently available services for 
        youth victims of domestic violence, dating violence, sexual 
        assault, and stalking, determine relevant barriers to such 
        services in a particular locality;
            ``(2) establish and enhance linkages and collaboration 
        between courts, domestic violence or sexual assault service 
        providers, and, where applicable, law enforcement agencies, and 
        other entities addressing the safety, health, mental health, 
        social service, housing, and economic needs of youth victims of 
        domestic violence, dating violence, sexual assault or stalking, 
        including community-based supports such as schools, local 
        health centers, community action groups, and neighborhood 
        coalitions to identify, assess, and respond appropriately to 
        the varying needs of youth victims of dating violence, domestic 
        violence, sexual assault or stalking;
            ``(3) educate the staff of courts, domestic violence and 
        sexual assault service providers, and, as applicable, the staff 
        of law enforcement agencies, youth organizations, schools, 
        healthcare providers and other community prevention and 
        intervention programs to responsibly address youth victims and 
        perpetrators of domestic violence, dating violence, sexual 
        assault and stalking, and to understand relevant laws, court 
        procedures and policies; and
            ``(4) provide appropriate resources in juvenile court 
        matters to respond to dating violence, domestic violence, 
        sexual assault and stalking and assure necessary services 
        dealing with the health and mental health of youth victims are 
        available.
    ``(d) Grant Applications.--To be eligible for a grant under this 
section, the entities that are members of the applicant collaboration 
described in subsection (b)(3) shall jointly submit an application to 
the Director at such time, in such manner, and containing such 
information as the Director may require.
    ``(e) Priority.--In awarding grants under this section, the 
Director shall give priority to entities that have submitted 
applications in partnership with law enforcement agencies and religious 
and community organizations and service providers that work primarily 
with youth, especially teens, and who have demonstrated a commitment to 
coalition building and cooperative problem solving in dealing with 
problems of dating violence, domestic violence, sexual assault, and 
stalking in teen populations.
    ``(f) Distribution.--In awarding grants under this section--
            ``(1) not less than 10 percent of funds appropriated under 
        this section in any year shall be available for grants to 
        collaborations involving tribal courts, tribal coalitions, 
        tribal organizations, or domestic violence or sexual assault 
        service providers the primary purpose of which is to provide 
        culturally relevant services to American Indian or Alaska 
        Native women or youth;
            ``(2) the Attorney General shall not use more than 2.5 
        percent of funds appropriated under this section in any year 
        for monitoring and evaluation of grants made available under 
        this section;
            ``(3) the Attorney General shall not use more than 2.5 
        percent of funds appropriated under this section in any year 
        for administration of grants made available under this section; 
        and
            ``(4) up to 8 percent of funds appropriated under this 
        section in any year shall be available to provide training, 
        technical assistance, and data collection for programs funded 
        under this section.
    ``(g) Reports.--
            ``(1) Reports.--Each of the entities that are members of 
        the applicant collaboration described in subsection (b)(3) and 
        that receive a grant under this section shall jointly prepare 
        and submit a report to the Attorney General every 18 months 
        detailing the activities that the entities have undertaken 
        under the grant and such additional information as the Attorney 
        General may require. Each such report shall contain information 
        on--
                    ``(A) the activities implemented by the recipients 
                of the grants awarded under this section; and
                    ``(B) 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--
                            ``(i) the staffs of courts;
                            ``(ii) domestic violence, dating violence, 
                        sexual assault, and stalking service providers; 
                        and
                            ``(iii) law enforcement agencies and 
                        community organizations.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $5,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 505. FULL FAITH AND CREDIT IMPROVEMENTS.

    (a) Enforcement of Protection Orders Issued by Territories.--
Section 2265 of title 18, United States Code, is amended--
            (1) by striking ``State or Indian tribe'' each place it 
        appears and inserting ``State, Indian tribe, or territory'';
            (2) by striking ``State or tribal'' each place it appears 
        and inserting ``State, tribal, or territorial''; and
            (3) in subsection (a) by striking ``State or tribe'' and 
        inserting ``State, Indian tribe, or territory''.
    (b) Clarification of Entities Having Enforcement Authority and 
Responsibilities.--Section 2265(a) of title 18, United States Code, is 
amended by striking ``and enforced as if it were'' and inserting ``and 
enforced by the court and law enforcement personnel of the other State, 
Indian tribal government, or Territory as if it were''.
    (c) Protection Orders.--Sections 2265 and 2266 of title 18, United 
States Code, are both amended by striking ``protection order'' each 
place it appears and inserting ``protection order, restraining order, 
or injunction''.
    (d) Definitions.--Section 2266 of title 18, United States Code, is 
amended by striking paragraph (5) and inserting the following:
            ``(5) Protection order, restraining order, or injunction.--
        The term `protection order, restraining order, or injunction' 
        includes--
                    ``(A) any injunction or other order issued by a 
                civil or criminal court for the purpose of preventing 
                violent or threatening acts or harassment against, 
                sexual violence, or contact or communication with or 
                physical proximity to, another person, including any 
                temporary or final order issued by a civil or criminal 
                court whether obtained by filing an independent action 
                or as a pendente lite order in another proceeding so 
                long as any civil or criminal order was issued in 
                response to a complaint, petition, or motion filed by 
                or on behalf of a person seeking protection; and
                    ``(B) any support, child custody or visitation 
                provisions, orders, remedies or relief issued as part 
                of a protection order, restraining order, or injunction 
                pursuant to State, tribal, territorial, or local law 
                authorizing the issuance of protection orders, 
                restraining orders, or injunctions for the protection 
                of victims of domestic violence, sexual assault, dating 
                violence, or stalking.''.

SEC. 506. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
              VIOLENCE, SEXUAL VIOLENCE, AND STALKING.

    The Violence Against Women Act of 1994, as amended by this Act, is 
further amended by adding after subtitle J (as added by section 504) 
the following:

  ``Subtitle K--Privacy Protections for Victims of Domestic Violence, 
             Dating Violence, Sexual Violence, and Stalking

``SEC. 41101. TASK FORCE.

    ``The Attorney General shall establish a task force to review and 
report on policies, procedures, and technological issues that may 
affect the privacy and confidentiality of victims of domestic violence, 
dating violence, stalking and sexual assault. The Attorney General 
shall include representatives from States, tribes, territories, law 
enforcement, court personnel, and private nonprofit organizations whose 
mission is to help develop a best practices model to prevent personally 
identifying information of adult, youth, and minor victims of domestic 
violence, dating violence, stalking and sexual assault from being 
released to the detriment of such victimized persons. The Attorney 
General shall designate one staff member to work with the task force. 
The Attorney General is authorized to make grants to develop a 
demonstration project to implement the best practices identified by the 
Task Force.

``SEC. 41102. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle $1,000,000 for each of fiscal years 2006 through 
2010.
    ``(b) Availability.--Amounts appropriated under this section shall 
remain available until expended and may only be used for the specific 
programs and activities described in this subtitle.''.

SEC. 507. STALKER DATABASE.

    Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 
14032) is amended--
            (1) by striking ``2001'' and inserting ``2006''; and
            (2) by striking ``2005'' and inserting ``2010''.

SEC. 508. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA.

    Section 40114 of the Violence Against Women Act of 1994 is amended 
to read as follows:

``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.

    ``There are authorized to be appropriated to the Attorney General 
for the purpose of appointing victim assistants for the prosecution of 
sex crimes and domestic violence crimes where applicable (such as the 
District of Columbia), $1,000,000 for each of fiscal years 2006 through 
2010.''.

SEC. 509. PREVENTING CYBERSTALKING.

    Section 2261A of title 18, United States Code, is amended--
            (1) in paragaph (1)--
                    (A) by inserting after ``intimidate'' the 
                following: ``, or places under surveillance with the 
                intent to kill, injure, haras, or intimidate,''; and
                    (B) by inserting after ``or serious bodily injury 
                to,'' the following: ``or causes substantial emotional 
                harm to,'';
            (2) in paragraph (2)(A), by striking ``to kill or injure'' 
        and inserting ``to kill, injure, harass, or intimidate, or 
        places under surveillance with the intent to kill, injure, 
        harass, or intimidate, or to cause substantial emtional harm 
        to,''; and
            (3) in paragraph (2), in the matter following clause (iii) 
        of subparagraph (B)--
                    (A) by inserting after ``uses the mail'' the 
                following: ``, any interactive computer service,''; and
                    (B) by inserting after ``course of conduct that'' 
                the following: ``causes substantial emotional harm to 
                that person or''.

SEC. 510. REPEAT OFFENDER PROVISION.

    Chapter 110A of title 18, United States Code, is amended by adding 
after section 2265 the following:
``Sec. 2265A. Repeat offender provision
    ``The maximum term of imprisonment for a violation of this chapter 
after a prior interstate domestic violence offense (as defined in 
section 2261) or interstate violation of protection order (as defined 
in section 2262) or interstate stalking (as defined in sections 
2261A(a) and 2261A(b)) shall be twice the term otherwise provided for 
the violation.''.

SEC. 511. PROHIBITING DATING VIOLENCE.

    Section 2261(a) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``or intimate partner'' 
        both places such term appears and inserting ``, intimate 
        partner, or dating partner''; and
            (2) in paragraph (2), by striking ``or intimate partner'' 
        both places such term appears and inserting ``, intimate 
        partner, or dating partner''.

SEC. 512. GAO STUDY AND REPORT.

    (a) Study Required.--The Comptroller General shall conduct a study 
to establish the extent to which men, women, youth, and children are 
victims of domestic violence, dating violence, sexual assault, and 
stalking and the availability to all victims of shelter, counseling, 
legal representation, and other services commonly provided to victims 
of domestic violence.
    (b) Activities Under Study.--In conducting the study, the following 
shall apply:
            (1) Crime statistics.--The Comptroller General shall not 
        rely only on crime statistics, but may also use existing 
        research available, including public health studies and 
        academic studies.
            (2) Survey.--The Comptroller General shall survey the 
        Department of Justice, as well as any recipients of Federal 
        funding for any purpose or an appropriate sampling of 
        recipients, to determine--
                    (A) what services are provided to victims of 
                domestic violence, dating violence, sexual assault, and 
                stalking;
                    (B) whether those services are made available to 
                youth, child, female, and male victims; and
                    (C) the number, age, and gender of victims 
                receiving each available service.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress a report 
on the activities carried out under this section.

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

SEC. 601. TECHNICAL AMENDMENT TO VIOLENCE AGAINST WOMEN ACT.

    Section 2001 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg) is amended by adding at the end the following:
    ``(e) Use of Funds.--Funds appropriated for grants under this part 
may be used only for the specific programs and activities expressly 
described in this part.''.

SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM.

    Part T of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796gg et seq.) is amended by adding after section 2013 (as 
added by section 501 of this Act) the following:

``SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM.

    ``(a) Purpose.--The purposes of this section are--
            ``(1) to assist States, Indian tribes, and territories in 
        providing intervention, advocacy, accompaniment, support 
        services, and related assistance for--
                    ``(A) adult, youth, and minor victims of sexual 
                assault;
                    ``(B) family and household members of such victims; 
                and
                    ``(C) those collaterally affected by the 
                victimization except for the perpetrator of such 
                victimization; and
            ``(2) to provide training and technical assistance to, and 
        to support data collection relating to sexual assault by--
                    ``(A) Federal, State, tribal, territorial, and 
                local governments, law enforcement agencies, and 
                courts;
                    ``(B) professionals working in legal, social 
                service, and health care settings;
                    ``(C) nonprofit organizations;
                    ``(D) faith-based organizations; and
                    ``(E) other individuals and organizations seeking 
                such assistance.
    ``(b) Grants to States, Territories and Tribal Entities.--
            ``(1) Grants authorized.--The Attorney General shall award 
        grants to States, territories and Indian tribes, tribal 
        organizations, and non-profit tribal organizations within 
        Indian country and Alaskan native villages for the 
        establishment, maintenance and expansion of rape crisis centers 
        or other programs and projects to assist those victimized by 
        sexual assault.
            ``(2) Special emphasis.--States, territories and tribal 
        entities will give special emphasis to the support of 
        community-based organizations with a demonstrated history of 
        providing intervention and related assistance to victims of 
        sexual assault.
    ``(c) Grants for Culturally Specific Programs Addressing Sexual 
Assault.--
            ``(1) Grants authorized.--The Attorney General shall award 
        grants to any culturally specific community-based organization 
        that--
                    ``(A) is a private, nonprofit organization that 
                focuses primarily on racial and ethnic communities;
                    ``(B) must have documented organizational 
                experience in the area of sexual assault intervention 
                or have entered into partnership with an organization 
                having such expertise;
                    ``(C) has expertise in the development of 
                community-based, linguistically and culturally specific 
                outreach and intervention services relevant for the 
                specific racial and ethnic communities to whom 
                assistance would be provided or have the capacity to 
                link to existing services in the community tailored to 
                the needs of racial and ethnic populations; and
                    ``(D) has an advisory board or steering committee 
                and staffing which is reflective of the targeted racial 
                and ethnic community.
            ``(2) Award basis.--The Attorney General shall award grants 
        under this subsection on a competitive basis for a period of no 
        less than 3 fiscal years.
    ``(d) Services Authorized.--For grants under subsection (b) and (c) 
the following services and activities may include--
            ``(1) 24 hour hotline services providing crisis 
        intervention services and referrals;
            ``(2) accompaniment and advocacy through medical, criminal 
        justice, and social support systems, including medical 
        facilities, police, and court proceedings;
            ``(3) crisis intervention, short-term individual and group 
        support services, and comprehensive service coordination, and 
        supervision to assist sexual assault victims and family or 
        household members;
            ``(4) support mechanisms that are culturally relevant to 
        the community;
            ``(5) information and referral to assist the sexual assault 
        victim and family or household members;
            ``(6) community-based, linguistically and culturally-
        specific services including outreach activities for racial and 
        ethnic and other underserved populations and linkages to 
        existing services in these populations;
            ``(7) collaborating with and informing public officials and 
        agencies in order to develop and implement policies to reduce 
        or eliminate sexual assault; and
            ``(8) the development and distribution of educational 
        materials on issues related to sexual assault and the services 
        described in clauses (A) through (G).
    ``(e) Grants to State, Territorial, and Tribal Sexual Assault 
Coalitions.--
            ``(1) Grants authorized.--
                    ``(A) In general.--The Attorney General shall award 
                grants to State, territorial and tribal sexual assault 
                coalitions to assist in supporting the establishment, 
                maintenance and expansion of such coalitions as 
                determined by the National Center for Injury Prevention 
                and Control Office in collaboration with the Violence 
                Against Women Office of the Department of Justice.
                    ``(B) First-time applicants.--No entity shall be 
                prohibited from submitting an application under this 
                subsection because such entity has not previously 
                applied or received funding under this subsection.
    ``(f) Coalition Activities Authorized.--Grant funds received under 
subsection (e) may be used to--
            ``(1) work with local sexual assault programs and other 
        providers of direct services to encourage appropriate responses 
        to sexual assault within the State, territory, or Indian tribe;
            ``(2) work with judicial and law enforcement agencies to 
        encourage appropriate responses to sexual assault cases;
            ``(3) work with courts, child protective services agencies, 
        and children's advocates to develop appropriate responses to 
        child custody and visitation issues when sexual assault has 
        been determined to be a factor;
            ``(4) design and conduct public education campaigns;
            ``(5) plan and monitor the distribution and use of grants 
        and grant funds to their State, territory, or Indian tribe; and
            ``(6) collaborate with and inform Federal, State, Tribal, 
        or local public officials and agencies to develop and implement 
        policies to reduce or eliminate sexual assault.
    ``(g) Application.--
            ``(1) Each eligible entity desiring a grant under 
        subsections (c) and (e) shall submit an application to the 
        Attorney General at such time, in such manner and containing 
        such information as the Attorney General determines to be 
        essential to carry out the purposes of this section.
            ``(2) Each eligible entity desiring a grant under 
        subsection (b) shall include--
                    ``(A) demonstration of meaningful involvement of 
                the State or territorial coalitions, or Tribal 
                coalition, where applicable, in the development of the 
                application and implementation of the plans;
                    ``(B) a plan for an equitable distribution of 
                grants and grant funds within the State, territory or 
                tribal area and between urban and rural areas within 
                such State or territory;
                    ``(C) the State, territorial or Tribal entity that 
                is responsible for the administration of grants; and
                    ``(D) any other information the Attorney General 
                reasonably determines to be necessary to carry out the 
                purposes and provisions of this section.
    ``(h) Reporting.--
            ``(1) Each entity receiving a grant under subsection (b), 
        (c) and (e) shall submit a report to the Attorney General that 
        describes the activities carried out with such grant funds.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        $55,000,000 for each of the fiscal years 2006 through 2010 to 
        carry out this section. Any amounts so appropriated shall 
        remain available until expended.
            ``(2) Allocations.--Of the total amount appropriated for 
        each fiscal year to carry out this section--
                    ``(A) not more than 2.5 percent shall be used by 
                the Attorney General for evaluation, monitoring and 
                administrative costs under this section;
                    ``(B) not more than 2.5 percent shall be used for 
                the provision of technical assistance to grantees and 
                subgrantees under this section, except that in 
                subsection (c) up to 5 percent of funds appropriated 
                under that subsection may be available for technical 
                assistance to be provided by a national organization or 
                organizations whose primary purpose and expertise is in 
                sexual assault within racial and ethnic communities;
                    ``(C) not less than 75 percent shall be used for 
                making grants to states and territories and tribal 
                entities under subsection (b) of which not less than 10 
                percent of this amount shall be allocated for grants to 
                tribal entities. State, territorial and tribal 
                governmental agencies shall use no more than 5 percent 
                for administrative costs;
                    ``(D) not less than 10 percent shall be used for 
                grants for culturally specific programs addressing 
                sexual assault under subsection (c); and
                    ``(E) not less than 10 percent shall be used for 
                making grants to state, territorial and tribal 
                coalitions under subsection (e) of which not less than 
                10 percent shall be allocated for grants to tribal 
                coalitions.
        The remaining funds shall be available for grants to State and 
        territorial coalitions, and the Attorney General shall allocate 
        an amount equal to \1/56\ of the amounts so appropriated to 
        each of the several States, the District of Columbia, and the 
        territories.
            ``(3) Minimum amount.--Of the amount appropriated under 
        section (i)(2)(C), the Attorney General, not including the set 
        aside for tribal entities, shall allocate not less than 1.50 
        percent to each State and not less than 0.125 percent to each 
        of the territories. The remaining funds shall be allotted to 
        each State and each territory in an amount that bears the same 
        ratio to such remaining funds as the population of such State 
        bears to the population of the combined States, or for 
        territories, the population of the combined territories.''.

SEC. 603. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
              ENFORCEMENT ASSISTANCE PROGRAM.

    Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C. 
13971) is amended to read as follows:

``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
              STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to identify, assess, and appropriately respond to 
        adult, youth, and minor domestic violence, sexual assault, 
        dating violence, and stalking in rural communities, by 
        encouraging collaboration between--
                    ``(A) domestic violence, dating violence, sexual 
                assault, and stalking victim service providers;
                    ``(B) law enforcement agencies;
                    ``(C) prosecutors;
                    ``(D) courts;
                    ``(E) other criminal justice service providers;
                    ``(F) human and community service providers;
                    ``(G) educational institutions; and
                    ``(H) health care providers;
            ``(2) to establish and expand nonprofit, nongovernmental, 
        State, tribal, and local government services in rural 
        communities to adult, youth, and minor victims; and
            ``(3) to increase the safety and well-being of women and 
        children in rural communities, by--
                    ``(A) dealing directly and immediately with 
                domestic violence, sexual assault, dating violence, and 
                stalking occurring in rural communities; and
                    ``(B) creating and implementing strategies to 
                increase awareness and prevent domestic violence, 
                sexual assault, dating violence, and stalking.
    ``(b) Grants Authorized.--The Attorney General, acting through the 
Director of the Office on Violence Against Women (referred to in this 
section as the `Director'), may award 3-year grants, with a possible 
extension for an additional 3 years, to States, Indian tribes, local 
governments, and nonprofit, public or private entities, including 
tribal nonprofit organizations, to carry out programs serving rural 
areas or rural communities that address domestic violence, dating 
violence, sexual assault, and stalking by--
            ``(1) implementing, expanding, and establishing cooperative 
        efforts and projects between law enforcement officers, 
        prosecutors, victim advocacy groups, and other related parties 
        to investigate and prosecute incidents of domestic violence, 
        dating violence, sexual assault, and stalking;
            ``(2) providing treatment, counseling, and other long- and 
        short-term assistance to adult, youth, and minor victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking in rural communities; and
            ``(3) working in cooperation with the community to develop 
        education and prevention strategies directed toward such 
        issues.
    ``(c) Use of Funds.--Funds appropriated pursuant to this section 
shall be used only for specific programs and activities expressly 
described in subsection (a).
    ``(d) Allotments and Priorities.--
            ``(1) Allotment for indian tribes.--Not less than 10 
        percent of the total amount made available for each fiscal year 
        to carry out this section shall be allocated for grants to 
        Indian tribes or tribal organizations.
            ``(2) Allotment for sexual assault services.--
                    ``(A) In general.--Not less than 25 percent of the 
                total amount made available for each fiscal year to 
                carry out this section shall be allocated for grants 
                that meaningfully address sexual assault in rural 
                communities, except as provided in subparagraph (B).
                    ``(B) Escalation.--The percentage required by 
                subparagraph (A) shall be--
                            ``(i) 30 percent, for any fiscal year for 
                        which $45,000,000 or more is made available to 
                        carry out this section;
                            ``(ii) 35 percent, for any fiscal year for 
                        which $50,000,000 or more is made available to 
                        carry out this section; or
                            ``(iii) 40 percent, for any fiscal year for 
                        which $55,000,000 or more is made available to 
                        carry out this section.
                    ``(C) Savings clause.--Nothing in this paragraph 
                shall prohibit an applicant from applying for funding 
                to address domestic violence, dating violence, sexual 
                assault, or stalking, separately or in combination, in 
                the same application.
                    ``(D) Report to congress.--The Attorney General 
                shall, on an annual basis, submit to Congress a report 
                on the effectiveness of the set-aside for sexual 
                assault services. The report shall include any 
                recommendations of the Attorney General with respect to 
                the rural grant program.
            ``(3) Allotment for training, technical assistance, and 
        data collection.--Of the amounts appropriated for each fiscal 
        year to carry out this section, not more than 8 percent may be 
        used by the Director for training, technical assistance, and 
        data collection costs. Of the amounts so used, not less than 25 
        percent shall be available to nonprofit, nongovernmental 
        organizations whose focus and expertise is in addressing sexual 
        assault to provide training, technical assistance, and data 
        collection with respect to sexual assault grantees.
            ``(4) Underserved populations.--In awarding grants under 
        this section, the Director shall give priority to the needs of 
        racial and ethnic and other underserved populations (as defined 
        in section 2000B of the Omnibus Crime Control and Safe Streets 
        Act of 1968).
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $50,000,000 for each of the fiscal years 2006 through 2010 to 
        carry out this section.
            ``(2) Additional funding.--In addition to funds received 
        through a grant under subsection (b), a law enforcement agency 
        may use funds received through a grant under part Q of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd et seq.) to accomplish the objectives of this 
        section.''.

SEC. 604. ASSISTANCE FOR VICTIMS OF ABUSE.

    Part T of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796gg et seq.) is amended by adding after section 2014 (as 
added by section 602 of this Act) the following:

``SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE.

    ``(a) Grants Authorized.--The Attorney General may award grants to 
appropriate entities--
            ``(1) to provide services for victims of domestic violence, 
        abuse by caregivers, and sexual assault who are 50 years of age 
        or older;
            ``(2) to improve the physical accessibility of existing 
        buildings in which services are or will be rendered for victims 
        of domestic violence and sexual assault who are 50 years of age 
        or older;
            ``(3) to provide training, consultation, and information on 
        abuse by caregivers, domestic violence, dating violence, 
        stalking, and sexual assault against individuals with 
        disabilities (as defined in section 3 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102)), and to enhance 
        direct services to such individuals;
            ``(4) for training programs to assist law enforcement 
        officers, prosecutors, governmental agencies, victim 
        assistants, and relevant officers of Federal, State, tribal, 
        territorial, and local courts in recognizing, addressing, 
        investigating, and prosecuting instances of adult, youth, or 
        minor domestic violence, dating violence, sexual assault, 
        stalking, elder abuse, and violence against individuals with 
        disabilities, including domestic violence and sexual assault, 
        against older or disabled individuals; and
            ``(5) for multidisciplinary collaborative community 
        responses to victims.
    ``(b) Use of Funds.--Grant funds under this section may be used--
            ``(1) to implement or expand programs or services to 
        respond to the needs of persons 50 years of age or older who 
        are victims of domestic violence, dating violence, sexual 
        assault, stalking, or elder abuse;
            ``(2) to provide personnel, training, technical assistance, 
        data collection, advocacy, intervention, risk reduction and 
        prevention of domestic violence, dating violence, stalking, and 
        sexual assault against disabled individuals;
            ``(3) to conduct outreach activities to ensure that 
        disabled individuals who are victims of domestic violence, 
        dating violence, stalking, or sexual assault receive 
        appropriate assistance;
            ``(4) to conduct cross-training for victim service 
        organizations, governmental agencies, and nonprofit, 
        nongovernmental organizations serving individuals with 
        disabilities; about risk reduction, intervention, prevention 
        and the nature of dynamic of domestic violence, dating 
        violence, stalking, and sexual assault for disabled 
        individuals;
            ``(5) to provide training, technical assistance, and data 
        collection to assist with modifications to existing policies, 
        protocols, and procedures to ensure equal access to the 
        services, programs, and activities of victim service 
        organizations for disabled individuals;
            ``(6) to provide training, technical assistance, and data 
        collection on the requirements of shelters and victim services 
        organizations under Federal antidiscrimination laws, 
        including--
                    ``(A) the Americans with Disabilities Act of 1990; 
                and
                    ``(B) section 504 of the Rehabilitation Act of 
                1973;
            ``(7) to purchase equipment, and provide personnel so that 
        shelters and victim service organizations can accommodate the 
        needs of disabled individuals;
            ``(8) to provide advocacy and intervention services for 
        disabled individuals who are victims of domestic violence, 
        dating violence, stalking, or sexual assault through 
        collaborative partnerships between--
                    ``(A) nonprofit, nongovernmental agencies;
                    ``(B) governmental agencies serving individuals 
                with disabilities; and
                    ``(C) victim service organizations; or
            ``(9) to develop model programs providing advocacy and 
        intervention services within organizations serving disabled 
        individuals who are victims of domestic violence, dating 
        violence, sexual assault, or stalking.
    ``(c) Eligible Entities.--
            ``(1) In general.--An entity shall be eligible to receive a 
        grant under this section if the entity is--
                    ``(A) a State;
                    ``(B) a unit of local government;
                    ``(C) a nonprofit, nongovernmental organization 
                such as a victim services organization, an organization 
                serving individuals with disabilities or a community-
                based organization; and
                    ``(D) a religious organization.
            ``(2) Limitation.--A grant awarded for the purposes 
        described in subsection (b)(9) shall be awarded only to an 
        eligible agency (as defined in section 410 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 796f-5)).
    ``(d) Application.--An eligible entity desiring a grant under this 
section shall submit an application to the Attorney General at such 
time, in such manner, and containing such information as the Attorney 
General may require.
    ``(e) Reporting.--Not later than 1 year after the last day of the 
first fiscal year commencing on or after the date of enactment of this 
Act, and not later than 180 days after the last day of each fiscal year 
thereafter, the Attorney General shall submit to Congress a report 
evaluating the effectiveness of programs administered and operated 
pursuant to this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated $20,500,000 for each of the fiscal years 2006 through 2010 
to carry out this section.''.

SEC. 605. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE HOTLINE.

    (a) Study Required.--Not later than 6 months after the date of 
enactment of this Act, the Comptroller General shall conduct a study of 
the National Domestic Violence Hotline to determine the effectiveness 
of the Hotline in assisting victims of domestic violence.
    (b) Issues to Be Studied.--In conducting the study under subsection 
(a), the Comptroller General shall--
            (1) compile statistical and substantive information about 
        calls received by the Hotline since its inception, or a 
        representative sample of such calls, while maintaining the 
        confidentiality of Hotline callers;
            (2) interpret the data compiled under paragraph (1)--
                    (A) to determine the trends, gaps in services, and 
                geographical areas of need; and
                    (B) to assess the trends and gaps in services to 
                underserved populations and the military community; and
            (3) gather other important information about domestic 
        violence.
    (c) Report.--Not later than 3 years after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 606. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS.

    (a) Grants Authorized.--
            (1) In general.--From amounts made available to carry out 
        this section, the Attorney General, acting through the Director 
        of the Office on Violence Against Women, shall award grants to 
        eligible entities described in subsection (b) to carry out 
        local, regional, or national public information campaigns 
        focused on addressing adult, youth, or minor domestic violence, 
        dating violence, sexual assault, stalking, or trafficking 
        within tribal, racial, and ethnic populations and immigrant 
        communities, including information on services available to 
        victims and ways to prevent or reduce domestic violence, dating 
        violence, sexual assault, and stalking.
            (2) Term.--The Attorney General shall award grants under 
        this section for a period of 1 fiscal year.
    (b) Eligible Entities.--Eligible entities under this section are--
            (1) nonprofit, nongovernmental organizations or coalitions 
        that represent the targeted tribal, racial, and ethnic 
        populations or immigrant community that--
                    (A) have a documented history of creating and 
                administering effective public awareness campaigns 
                addressing domestic violence, dating violence, sexual 
                assault, and stalking; or
                    (B) work in partnership with an organization that 
                has a documented history of creating and administering 
                effective public awareness campaigns addressing 
                domestic violence, dating violence, sexual assault, and 
                stalking; or
            (2) a governmental entity that demonstrates a partnership 
        with organizations described in paragraph (1).
    (c) Allocation of Funds.--Of the amounts appropriated for grants 
under this section--
            (1) not more than 20 percent shall be used for national 
        model campaign materials targeted to specific tribal, racial, 
        or ethnic populations or immigrant community, including 
        American Indian tribes and Alaskan native villages for the 
        purposes of research, testing, message development, and 
        preparation of materials; and
            (2) the balance shall be used for not less than 10 State, 
        regional, territorial, tribal, or local campaigns targeting 
        specific communities with information and materials developed 
        through the national campaign or, if appropriate, new materials 
        to reach an underserved population or a particularly isolated 
        community.
    (d) Use of Funds.--Funds appropriated under this section shall be 
used to conduct a public information campaign and build the capacity 
and develop leadership of racial, ethnic populations, or immigrant 
community members to address domestic violence, dating violence, sexual 
assault, and stalking.
    (e) Application.--An eligible entity desiring a grant under this 
section shall submit an application to the Director of the 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 racial, ethnic, and immigrant communities;
            (2) reasonable distribution among State, regional, 
        territorial, tribal, and local campaigns; and
            (3) that not more than 8 percent of the total amount 
        appropriated under this section for each fiscal year is set 
        aside for training, technical assistance, and data collection.
    (g) Reports.--Each eligible entity receiving a grant under this 
section shall submit to the Director of the 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 2006 through 2010.

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

SEC. 701. SERVICES AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE.

    The Violence Against Women Act of 1994 is amended by adding after 
subtitle K (as added by section 506) the following:

  ``Subtitle L--Services, Education, Protection and Justice for Young 
                          Victims of Violence

``SEC. 41201. GRANTS FOR TRAINING AND COLLABORATION ON THE INTERSECTION 
              BETWEEN DOMESTIC VIOLENCE AND CHILD MALTREATMENT.

    ``(a) Purpose.--The purpose of this section is to support efforts 
by domestic violence or dating violence victim services providers, 
courts, law enforcement, child welfare agencies, and other related 
professionals and community organizations to develop collaborative 
responses and services and provide cross-training to enhance community 
responses to families where there is both child maltreatment and 
domestic violence.
    ``(b) Grants Authorized.--The Attorney General, through the 
Violence Against Women Office, shall award grants on a competitive 
basis to eligible entities for the purposes and in the manner described 
in this section.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $8,000,000 for each of fiscal 
years 2006 through 2010. Funds appropriated under this section shall 
remain available until expended. Of the amounts appropriated to carry 
out this section for each fiscal year, the Attorney General shall--
            ``(1) use not more than 3 percent for evaluation, 
        monitoring, site visits, grantee conferences, and other 
        administrative costs associated with conducting activities 
        under this section;
            ``(2) set aside not more than 10 percent for grants to 
        programs addressing child maltreatment and domestic violence or 
        dating violence that are operated by, or in partnership with, a 
        tribal organization; and
            ``(3) set aside up to 8 percent for training and technical 
        assistance, to be provided--
                    ``(A) to organizations that are establishing or 
                have established collaborative responses and services; 
                and
                    ``(B) by organizations having demonstrated 
                expertise in developing collaborative community and 
                system responses to families in which there is both 
                child maltreatment and domestic violence or dating 
                violence, whether or not they are receiving funds under 
                this section.
    ``(d) Underserved Populations.--In awarding grants under this 
section, the Attorney General shall consider the needs of racial and 
ethnic and other underserved populations (as defined in section 2000B 
of the Omnibus Crime Control and Safe Streets Act of 1968).
    ``(e) Grant Awards.--The Attorney General shall award grants under 
this section for periods of not more than 3 fiscal years.
    ``(f) Uses of Funds.--Entities receiving grants under this section 
shall use amounts provided to develop collaborative responses and 
services and provide cross-training to enhance community responses to 
families where there is both child maltreatment and domestic violence 
or dating violence. Amounts distributed under this section may only be 
used for programs and activities described in subsection (g).
    ``(g) Programs and Activities.--The programs and activities 
developed under this section shall--
            ``(1) encourage cross training, education, service 
        development, and collaboration among child welfare agencies, 
        domestic violence victim service providers, and courts, law 
        enforcement agencies, community-based programs, and other 
        entities, in order to ensure that such entities have the 
        capacity to and will identify, assess, and respond 
        appropriately to--
                    ``(A) domestic violence or dating violence in homes 
                where children are present and may be exposed to the 
                violence;
                    ``(B) domestic violence or dating violence in child 
                protection cases; and
                    ``(C) the needs of both the child and nonabusing 
                parent;
            ``(2) establish and implement policies, procedures, 
        programs, and practices for child welfare agencies, domestic 
        violence victim service providers, courts, law enforcement 
        agencies, and other entities, that are consistent with the 
        principles of protecting and increasing the immediate and long-
        term safety and well being of children and non-abusing parents 
        and caretakers by--
                    ``(A) increasing the safety, autonomy, capacity, 
                and financial security of non-abusing parents or 
                caretakers, including developing service plans and 
                utilizing community-based services that provide 
                resources and support to non-abusing parents;
                    ``(B) protecting the safety, security, and well-
                being of children by preventing their unnecessary 
                removal from a non-abusing parent, or, in cases where 
                removal of the child is necessary to protect the 
                child's safety, taking the necessary steps to provide 
                appropriate and community-based services to the child 
                and the non-abusing parent to promote the safe and 
                appropriately prompt reunification of the child with 
                the non-abusing parent;
                    ``(C) recognizing the relationship between child 
                maltreatment and domestic violence or dating violence 
                in a family, as well as the impact of and danger posed 
                by the perpetrators' behavior on adult, youth, and 
                minor victims; and
                    ``(D) holding adult, youth, and minor perpetrators 
                of domestic violence or dating violence, not adult, 
                youth, and minor victims of abuse or neglect, 
                accountable for stopping the perpetrators' abusive 
                behaviors, including the development of separate 
                service plans, court filings, or community-based 
                interventions where appropriate;
            ``(3) increase cooperation and enhance linkages between 
        child welfare agencies, domestic violence victim service 
        providers, courts (including family, criminal, juvenile courts, 
        or tribal courts), law enforcement agencies, and other entities 
        to provide more comprehensive community-based services 
        (including health, mental health, social service, housing, and 
        neighborhood resources) to protect and to serve adult, youth, 
        and minor victims;
            ``(4) identify, assess, and respond appropriately to 
        domestic violence or dating violence in child protection cases 
        and to child maltreatment when it co-occurs with domestic 
        violence or dating violence;
            ``(5) analyze and change policies, procedures, and 
        protocols that contribute to overrepresentation of racial and 
        ethnic minorities in the court and child welfare system; and
            ``(6) provide appropriate referrals to community-based 
        programs and resources, such as health and mental health 
        services, shelter and housing assistance for adult, youth, and 
        minor victims and their children, legal assistance and advocacy 
        for adult, youth, and minor victims, assistance for parents to 
        help their children cope with the impact of exposure to 
        domestic violence or dating violence and child maltreatment, 
        appropriate intervention and treatment for adult perpetrators 
        of domestic violence or dating violence whose children are the 
        subjects of child protection cases, programs providing support 
        and assistance to racial and ethnic populations, and other 
        necessary supportive services.
    ``(h) Grantee Requirements.--
            ``(1) Applications.--Under this section, an entity shall 
        prepare and submit to the Attorney General an application at 
        such time, in such manner, and containing such information as 
        the Attorney General may require, consistent with the 
        requirements described herein. The application shall--
                    ``(A) ensure that communities impacted by these 
                systems or organizations are adequately represented in 
                the development of the application, the programs and 
                activities to be undertaken, and that they have a 
                significant role in evaluating the success of the 
                project;
                    ``(B) describe how the training and collaboration 
                activities will enhance or ensure the safety and 
                economic security of families where both child 
                maltreatment and domestic violence or dating violence 
                occurs by providing appropriate resources, protection, 
                and support to the victimized parents of such children 
                and to the children themselves; and
                    ``(C) outline methods and means participating 
                entities will use to ensure that all services are 
                provided in a developmentally, linguistically and 
                culturally competent manner and will utilize community-
                based supports and resources.
            ``(2) Eligible entities.--To be eligible for a grant under 
        this section, an entity shall be a collaboration that--
                    ``(A) shall include a State or local child welfare 
                agency or Indian Tribe;
                    ``(B) shall include a domestic violence or dating 
                violence victim service provider;
                    ``(C) may include a court;
                    ``(D) may include a law enforcement agency, or 
                Bureau of Indian Affairs providing tribal law 
                enforcement; and
                    ``(E) may include any other such agencies or 
                private nonprofit organizations, including community-
                based organizations, with the capacity to provide 
                effective help to the adult, youth, and minor victims 
                served by the collaboration.
            ``(3) Reports.--Each entity receiving a grant under this 
        section shall report to the Attorney General every 18 months, 
        detailing how the funds have been used.

``SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND TO TEENS.

    ``(a) Grants Authorized.--The Attorney General shall award grants 
to eligible entities to conduct programs to serve youth between the 
ages of 12 and 24 of domestic violence, dating violence, sexual 
assault, and stalking. Amounts appropriated under this section may only 
be used for programs and activities described under subsection (c).
    ``(b) Eligible Grantees.--To be eligible to receive a grant under 
this section, an entity shall be--
            ``(1) a nonprofit, nongovernmental entity, the primary 
        purpose of which is to provide services to victims of domestic 
        violence, dating violence, sexual assault, or stalking;
            ``(2) a religious or community-based organization that 
        specializes in working with youth victims of domestic violence, 
        dating violence, sexual assault, or stalking;
            ``(3) an Indian Tribe or tribal organization providing 
        services primarily to tribal youth or tribal victims of 
        domestic violence, dating violence, sexual assault or stalking; 
        or
            ``(4) a nonprofit, nongovernmental entity providing 
        services for runaway or homeless youth.
    ``(c) Use of Funds.--
            ``(1) In general.--An entity that receives a grant under 
        this section shall use amounts provided under the grant to 
        design or replicate, and implement, programs and services, 
        using domestic violence, dating violence, sexual assault, and 
        stalking intervention models to respond to the needs of youth 
        who are victims of domestic violence, dating violence, sexual 
        assault or stalking.
            ``(2) Types of programs.--Such a program--
                    ``(A) shall provide direct counseling and advocacy 
                for teens and young adults, who have experienced 
                domestic violence, dating violence, sexual assault or 
                stalking;
                    ``(B) shall include linguistically, culturally, and 
                community relevant services for racial and ethnic and 
                other underserved populations or linkages to existing 
                services in the community tailored to the needs of 
                racial and ethnic and other underserved populations;
                    ``(C) may include mental health services;
                    ``(D) may include legal advocacy efforts on behalf 
                of minors and young adults with respect to domestic 
                violence, dating violence, sexual assault or stalking;
                    ``(E) may work with public officials and agencies 
                to develop and implement policies, rules, and 
                procedures in order to reduce or eliminate domestic 
                violence, dating violence, sexual assault, and stalking 
                against youth and young adults; and
                    ``(F) may use not more than 25 percent of the grant 
                funds to provide additional services and resources for 
                youth, including childcare, transportation, educational 
                support, and respite care.
    ``(d) Awards Basis.--
            ``(1) Grants to indian tribes.--Not less than 10 percent of 
        funds appropriated under this section in any year shall be 
        available for grants to Indian Tribes or tribal organizations.
            ``(2) Administration.--The Attorney General shall not use 
        more than 2.5 percent of funds appropriated under this section 
        in any year for administration, monitoring, and evaluation of 
        grants made available under this section.
            ``(3) Training, technical assistance, and data 
        collection.--Not less than 5 percent of funds appropriated 
        under this section in any year shall be available to provide 
        training, technical assistance, and data collection for 
        programs funded under this section.
    ``(e) Term.--The Attorney General shall make the grants under this 
section for a period of 3 fiscal years.
    ``(f) Reports.--An entity receiving a grant under this section 
shall submit to the Attorney General every 18 months a report of how 
grant funds have been used.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 702. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

    (a) Grants Authorized.--
            (1) In general.--The Attorney General is authorized to make 
        grants to institutions of higher education, for use by such 
        institutions or consortia consisting of campus personnel, 
        student organizations, campus administrators, security 
        personnel, and regional crisis centers affiliated with the 
        institution, to develop and strengthen effective security and 
        investigation strategies to combat domestic violence, dating 
        violence, sexual assault, and stalking on campuses, and to 
        develop and strengthen victim services in cases involving such 
        crimes against women on campuses, which may include 
        partnerships with local criminal justice authorities and 
        community-based victim services agencies.
            (2) Award basis.--The Attorney General shall award grants 
        and contracts under this section on a competitive basis for a 
        period of 3 years. The Attorney General, through the Director 
        of the Office on Violence Against Women, shall award the grants 
        in amounts of not more than $500,000 for individual 
        institutions of higher education and not more than $1,000,000 
        for consortia of such institutions.
            (3) Equitable participation.--The Attorney General shall 
        make every effort to ensure--
                    (A) the equitable participation of private and 
                public institutions of higher education in the 
                activities assisted under this section;
                    (B) the equitable geographic distribution of grants 
                under this section among the various regions of the 
                United States; and
                    (C) the equitable distribution of grants under this 
                section to tribal colleges and universities and 
                traditionally black colleges and universities.
    (b) Use of Grant Funds.--Grant funds awarded under this section may 
be used for the following purposes:
            (1) To provide personnel, training, technical assistance, 
        data collection, and other equipment with respect to the 
        increased apprehension, investigation, and adjudication of 
        persons committing domestic violence, dating violence, sexual 
        assault, and stalking on campus.
            (2) To train campus administrators, campus security 
        personnel, and personnel serving on campus disciplinary or 
        judicial boards to develop and implement campus policies, 
        protocols, and services that more effectively identify and 
        respond to the crimes domestic violence, dating violence, 
        sexual assault, and stalking. Within 90 days after the date of 
        enactment of this Act, the Attorney General shall issue and 
        make available minimum standards of training relating to 
        domestic violence, dating violence, sexual assault, and 
        stalking on campus, for all campus security personnel and 
        personnel serving on campus disciplinary or judicial boards.
            (3) To implement and operate education programs for the 
        prevention of domestic violence, dating violence, sexual 
        assault and stalking.
            (4) To develop, enlarge, or strengthen victim services 
        programs on the campuses of the institutions involved, 
        including programs providing legal, medical, or psychological 
        counseling, for victims of domestic violence, dating violence, 
        sexual assault, and stalking, and to improve delivery of victim 
        assistance on campus. To the extent practicable, such an 
        institution shall collaborate with any entities carrying out 
        nonprofit and other victim services programs, including 
        domestic violence, dating violence, sexual assault, and 
        stalking victim services programs in the community in which the 
        institution is located. If appropriate victim services programs 
        are not available in the community or are not accessible to 
        students, the institution shall, to the extent practicable, 
        provide a victim services program on campus or create a victim 
        services program in collaboration with a community-based 
        organization. The institution shall use not less than 20 
        percent of the funds made available through the grant for a 
        victim services program provided in accordance with this 
        paragraph.
            (5) To create, disseminate, or otherwise provide assistance 
        and information about victims' options on and off campus to 
        bring disciplinary or other legal action, including assistance 
        to victims in immigration matters.
            (6) To develop, install, or expand data collection and 
        communication systems, including computerized systems, linking 
        campus security to the local law enforcement for the purpose of 
        identifying and tracking arrests, protection orders, violations 
        of protection orders, prosecutions, and convictions with 
        respect to the crimes of domestic violence, dating violence, 
        sexual assault, and stalking on campus.
            (7) To provide capital improvements (including improved 
        lighting and communications facilities but not including the 
        construction of buildings) on campuses to address the crimes of 
        domestic violence, dating violence, sexual assault, and 
        stalking.
            (8) To support improved coordination among campus 
        administrators, campus security personnel, and local law 
        enforcement to reduce domestic violence, dating violence, 
        sexual assault, and stalking on campus.
    (c) Applications.--
            (1) In general.--In order to be eligible to be awarded a 
        grant under this section for any fiscal year, an institution of 
        higher education shall submit an application to the Attorney 
        General at such time and in such manner as the Attorney General 
        shall prescribe.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    (A) describe the need for grant funds and the plan 
                for implementation for any of the purposes described in 
                subsection (b);
                    (B) include proof that the institution of higher 
                education collaborated with any non-profit, 
                nongovernmental entities carrying out other victim 
                services programs, including domestic violence, dating 
                violence, sexual assault, and stalking victim services 
                programs in the community in which the institution is 
                located;
                    (C) describe the characteristics of the population 
                being served, including type of campus, demographics of 
                the population, and number of students;
                    (D) provide measurable goals and expected results 
                from the use of the grant funds;
                    (E) provide assurances that the Federal funds made 
                available under this section shall be used to 
                supplement and, to the extent practical, increase the 
                level of funds that would, in the absence of Federal 
                funds, be made available by the institution for the 
                purposes described in subsection (b); and
                    (F) include such other information and assurances 
                as the Attorney General reasonably determines to be 
                necessary.
            (3) Compliance with campus crime reporting required.--No 
        institution of higher education shall be eligible for a grant 
        under this section unless such institution is in compliance 
        with the requirements of section 485(f) of the Higher Education 
        Act of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of the total 
        amount of grant funds appropriated under this section for 
        fiscal years 2006 through 2010 may be used to provide technical 
        assistance in complying with the mandatory reporting 
        requirements of section 485(f) of such Act.
    (d) General Terms and Conditions.--
            (1) Nonmonetary assistance.--In addition to the assistance 
        provided under this section, the Attorney General may request 
        any Federal agency to use the agency's authorities and the 
        resources granted to the agency under Federal law (including 
        personnel, equipment, supplies, facilities, and managerial, 
        technical, and advisory services) in support of campus 
        security, and investigation and victim service efforts.
            (2) Confidentiality.--
                    (A) Nondisclosure of confidential or private 
                information.--In order to ensure the safety of adult 
                and minor victims of domestic violence, dating 
                violence, sexual assault, or stalking and their 
                families, grantees and sub-grantees under this section 
                shall reasonably--
                            (i) protect the confidentiality and privacy 
                        of persons receiving services under the grants 
                        and subgrants; and
                            (ii) not disclose and personally 
                        identifying information, or individual client 
                        information, collected in connection with 
                        services requested, utilized, or denied through 
                        programs provided by such grantees and 
                        subgrantees under this section.
                    (B) Consent.--A grantee or subgrantee under this 
                section shall not reveal personally any identifying 
                information or individual client information collected 
                as described in subparagraph (A) without the informed, 
                written, and reasonably time-limited consent of the 
                person (or, in the case of an unemancipated minor, the 
                minor and the parent or guardian of the minor) about 
                whom information is sought, whether for the program 
                carried out under this section or any other Federal, 
                State, tribal, or territorial assistance program.
                    (C) Compelled release and notice.--If a grantee or 
                subgrantee under this section is compelled by statutory 
                or court mandate to disclose information described in 
                subparagraph (A), the grantee or subgrantee--
                            (i) shall make reasonable attempts to 
                        provide notice to individuals affected by the 
                        disclosure of information; and
                            (ii) shall take steps necessary to protect 
                        the privacy and safety of the individual 
                        affected by the disclosure.
                    (D) Permissive sharing.--Grantees and subgrantees 
                under this section may share with each other, in order 
                to comply with Federal, State, tribal, or territorial 
                reporting, evaluation, or data collection 
                requirements--
                            (i) aggregate data, that is not personally 
                        identifying information, regarding services 
                        provided to their clients; and
                            (ii) demographic information that is not 
                        personally identifying information.
                    (E) Court-generated and law enforcement-generated 
                information.--Grantees and subgrantees under this 
                section may share with each other--
                            (i) court-generated information contained 
                        in secure, governmental registries for 
                        protection order enforcement purposes; and
                            (ii) law enforcement-generated information.
                    (F) Definition.--As used in this paragraph, the 
                term ``personally identifying information'' means 
                individually identifying information from or about an 
                individual, including--
                            (i) first and last name;
                            (ii) home or other physical address, 
                        including street name and name of city or town;
                            (iii) email address or other online contact 
                        information, such as an instant-messaging user 
                        identifier or a screen name that reveals an 
                        individual's email address;
                            (iv) telephone number;
                            (v) social security number;
                            (vi) Internet Protocol (``IP'') address or 
                        host name that identifies an individual;
                            (vii) persistent identifier, such as a 
                        customer number held in a ``cookie'' or 
                        processor serial number, that is combined with 
                        other available data that identifies an 
                        individual; or
                            (viii) information that, in combination 
                        with the information in any of the clauses (i) 
                        through (vii), would serve to identify any 
                        individual, including--
                                    (I) grade point average;
                                    (II) date of birth;
                                    (III) academic or occupational 
                                interests;
                                    (IV) athletic or extracurricular 
                                interests;
                                    (V) racial or ethnic background; or
                                    (VI) religious affiliation.
            (3) Grantee reporting.--
                    (A) 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).
            (4) 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 $15,000,000 
for each of fiscal years 2006 through 2010.

SEC. 703. SAFE HAVENS.

    Section 1301 of the Victims of Trafficking and Violence Protection 
Act of 2000 (42 U.S.C. 10420) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 1301. SAFE HAVENS FOR CHILDREN.'';

            (2) in subsection (a)--
                    (A) by inserting ``, through the Director of the 
                Office on Violence Against Women,'' after ``Attorney 
                General'';
                    (B) by inserting ``public or nonprofit 
                nongovernmental entities, and to'' after ``may award 
                grants to'';
                    (C) by inserting ``dating violence,'' after 
                ``domestic violence,'';
                    (D) by striking ``to provide'' and inserting the 
                following:
            ``(1) to provide'';
                    (E) by striking the period at the end and inserting 
                a semicolon; and
                    (F) by adding at the end the following:
            ``(2) to protect children from the trauma of witnessing 
        domestic or dating violence or experiencing abduction, injury, 
        or death during parent and child visitation exchanges;
            ``(3) to protect parents or caretakers who are victims of 
        domestic and dating violence from experiencing further 
        violence, abuse, and threats during child visitation exchanges; 
        and
            ``(4) to protect children from the trauma of experiencing 
        sexual assault or other forms of physical assault or abuse 
        during parent and child visitation and visitation exchanges.''; 
        and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section, $20,000,000 for each of fiscal years 
        2006 through 2010. Funds appropriated under this section shall 
        remain available until expended.
            ``(2) Use of funds.--Of the amounts appropriated to carry 
        out this section for each fiscal year, the Attorney General 
        shall--
                    ``(A) set aside not less than 5 percent for grants 
                to Indian tribal governments or tribal organizations;
                    ``(B) use not more than 3 percent for evaluation, 
                monitoring, site visits, grantee conferences, and other 
                administrative costs associated with conducting 
                activities under this section; and
                    ``(C) set aside not more than 8 percent for 
                training, technical assistance, and data collection to 
                be provided by organizations having nationally 
                recognized expertise in the design of safe and secure 
                supervised visitation programs and visitation exchange 
                of children in situations involving domestic violence, 
                dating violence, sexual assault, or stalking.''.

SEC. 704. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
              ASSAULT, AND STALKING IN MIDDLE AND HIGH SCHOOLS.

    (a) Short Title.--This section may be cited as the ``Supporting 
Teens through Education and Protection Act of 2005'' or the ``STEP 
Act''.
    (b) Grants Authorized.--The Attorney General, through the Director 
of the Office on Violence Against Women, is authorized to award grants 
to middle schools and high schools that work with domestic violence and 
sexual assault experts to enable the schools--
            (1) to provide training to school administrators, faculty, 
        counselors, coaches, healthcare providers, security personnel, 
        and other staff on the needs and concerns of students who 
        experience domestic violence, dating violence, sexual assault, 
        or stalking, and the impact of such violence on students;
            (2) to develop and implement policies in middle and high 
        schools regarding appropriate, safe responses to, and 
        identification and referral procedures for, students who are 
        experiencing or perpetrating domestic violence, dating 
        violence, sexual assault, or stalking, including procedures for 
        handling the requirements of court protective orders issued to 
        or against students or school personnel, in a manner that 
        ensures the safety of the victim and holds the perpetrator 
        accountable;
            (3) to provide support services for students and school 
        personnel, such as a resource person who is either on-site or 
        on-call, and who is an expert described in subsections (i)(2) 
        and (i)(3), for the purpose of developing and strengthening 
        effective prevention and intervention strategies for students 
        and school personnel experiencing domestic violence, dating 
        violence, sexual assault or stalking;
            (4) to provide developmentally appropriate educational 
        programming to students regarding domestic violence, dating 
        violence, sexual assault, and stalking, and the impact of 
        experiencing domestic violence, dating violence, sexual 
        assault, and stalking on children and youth by adapting 
        existing curricula activities to the relevant student 
        population;
            (5) to work with existing mentoring programs and develop 
        strong mentoring programs for students, including student 
        athletes, to help them understand and recognize violence and 
        violent behavior, how to prevent it and how to appropriately 
        address their feelings; and
            (6) to conduct evaluations to assess the impact of programs 
        and policies assisted under this section in order to enhance 
        the development of the programs.
    (c) Award Basis.--The Director shall award grants and contracts 
under this section on a competitive basis.
    (d) Policy Dissemination.--The Director shall disseminate to middle 
and high schools any existing Department of Justice, Department of 
Health and Human Services, and Department of Education policy guidance 
and curricula regarding the prevention of domestic violence, dating 
violence, sexual assault, and stalking, and the impact of the violence 
on children and youth.
    (e) Nondisclosure of Confidential or Private Information.--In order 
to ensure the safety of adult, youth, and minor victims of domestic 
violence, dating violence, sexual assault, or stalking and their 
families, grantees and subgrantees shall protect the confidentiality 
and privacy of persons receiving services. Grantees and subgrantees 
pursuant to this section shall not disclose any personally identifying 
information or individual information collected in connection with 
services requested, utilized, or denied through grantees' and 
subgrantees' programs. Grantees and subgrantees shall not reveal 
individual client information without the informed, written, reasonably 
time-limited consent of the person (or in the case of unemancipated 
minor, the minor and the parent or guardian) about whom information is 
sought, whether for this program or any other Tribal, Federal, State or 
Territorial grant program. If release of such information is compelled 
by statutory or court mandate, grantees and subgrantees shall make 
reasonable attempts to provide notice to victims affected by the 
disclosure of information. If such personally identifying information 
is or will be revealed, grantees and subgrantees shall take steps 
necessary to protect the privacy and safety of the persons affected by 
the release of the information. Grantees may share non-personally 
identifying data in the aggregate regarding services to their clients 
and non-personally identifying demographic information in order to 
comply with Tribal, Federal, State or Territorial reporting, 
evaluation, or data collection requirements. Grantees and subgrantees 
may share court-generated information contained in secure, governmental 
registries for protection order enforcement purposes.
    (f) Grant Term and Allocation.--
            (1) Term.--The Director shall make the grants under this 
        section for a period of 3 fiscal years.
            (2) Allocation.--Not more than 15 percent of the funds 
        available to a grantee in a given year shall be used for the 
        purposes described in subsection (b)(4)(D), (b),(5), and 
        (b)(6).
    (g) Distribution.--
            (1) In general.--Not less than 5 percent of funds 
        appropriated under subsection (l) in any year shall be 
        available for grants to tribal schools, schools on tribal lands 
        or schools whose student population is more than 25 percent 
        native American.
            (2) Administration.--The Director shall not use more than 5 
        percent of funds appropriated under subsection (l) in any year 
        for administration, monitoring and evaluation of grants made 
        available under this section.
            (3) Training, technical assistance, and data collection.--
        Not less than 5 percent of funds appropriated under subsection 
        (l) in any year shall be available to provide training, 
        technical assistance, and data collection for programs funded 
        under this section.
    (h) Application.--To be eligible to be awarded a grant or contract 
under this section for any fiscal year, a middle or secondary school, 
in consultation with an expert as described in subsections (i)(2) and 
(i)(3), shall submit an application to the Director at such time and in 
such manner as the Director shall prescribe.
    (i) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a partnership that--
            (1) shall include a public, charter, tribal, or nationally 
        accredited private middle or high school, a school administered 
        by the Department of Defense under 10 U.S.C. 2164 or 20 U.S.C. 
        921, a group of schools, or a school district;
            (2) shall include a domestic violence victim service 
        provider that has a history of working on domestic violence and 
        the impact that domestic violence and dating violence have on 
        children and youth;
            (3) shall include a sexual assault victim service provider, 
        such as a rape crisis center, program serving tribal victims of 
        sexual assault, or coalition or other nonprofit nongovernmental 
        organization carrying out a community-based sexual assault 
        program, that has a history of effective work concerning sexual 
        assault and the impact that sexual assault has on children and 
        youth; and
            (4) may include a law enforcement agency, the State, 
        Tribal, Territorial or local court, nonprofit nongovernmental 
        organizations and service providers addressing sexual 
        harassment, bullying or gang-related violence in schools, and 
        any other such agencies or nonprofit nongovernmental 
        organizations with the capacity to provide effective assistance 
        to the adult, youth, and minor victims served by the 
        partnership.
    (j) Priority.--In awarding grants under this section, the Director 
shall give priority to entities that have submitted applications in 
partnership with relevant courts or law enforcement agencies.
    (k) Reporting and Dissemination of Information.--
            (1) Reporting.--Each of the entities that are members of 
        the applicant partnership described in subsection (i), that 
        receive a grant under this section shall jointly prepare and 
        submit to the Director every 18 months a report detailing the 
        activities that the entities have undertaken under the grant 
        and such additional information as the Director shall require.
            (2) Dissemination of information.--Within 9 months of the 
        completion of the first full grant cycle, the Director shall 
        publicly disseminate, including through electronic means, model 
        policies and procedures developed and implemented in middle and 
        high schools by the grantees, including information on the 
        impact the policies have had on their respective schools and 
        communities.
    (l) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section, $5,000,000 for each of fiscal years 
        2006 through 2010.
            (2) Availability.--Funds appropriated under paragraph (1) 
        shall remain available until expended.

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

SEC. 801. PREVENTING VIOLENCE IN THE HOME.

    The Violence Against Women Act of 1994 is amended by adding after 
subtitle L (as added by section 701) the following:

 ``Subtitle M--Strengthening America's Families by Preventing Violence 
                              in the Home

``SEC. 41301. PURPOSE.

    ``The purpose of this subtitle is to--
            ``(1) prevent crimes involving domestic violence, dating 
        violence, sexual assault, and stalking, including when 
        committed against children and youth;
            ``(2) increase the resources and services available to 
        prevent domestic violence, dating violence, sexual assault, and 
        stalking, including when committed against children and youth;
            ``(3) reduce the impact of exposure to violence in the 
        lives of children and youth so that the intergenerational cycle 
        of violence is interrupted;
            ``(4) develop and implement education and services programs 
        to prevent children in vulnerable families from becoming 
        victims or perpetrators of domestic violence, dating violence, 
        sexual assault, or stalking;
            ``(5) promote programs to ensure that children and youth 
        receive the assistance they need to end the cycle of violence 
        and develop mutually respectful, nonviolent relationships; and
            ``(6) encourage collaboration among community-based 
        organizations and governmental agencies serving children and 
        youth, providers of health and mental health services and 
        providers of domestic violence, dating violence, sexual 
        assault, and stalking victim services to prevent violence.

``SEC. 41302. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        consultation with the Secretary of Health and Human Services, 
        is authorized to award grants on a competitive basis to 
        eligible entities for the purpose of mitigating the effects of 
        domestic violence, dating violence, sexual assault, and 
        stalking on children exposed to such violence, and reducing the 
        risk of future victimization or perpetration of domestic 
        violence, dating violence, sexual assault, and stalking.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations, as defined in 
                section 2000B of the Omnibus Crime Control and Safe 
                Streets Act of 1968;
                    ``(B) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year;
                    ``(C) awarding up to 8 percent for the funding of 
                training, technical assistance, and data collection 
                programs from the amounts made available under this 
                section for a fiscal year; and
                    ``(D) awarding not less than 66 percent to programs 
                described in subsection (c)(1) from the amounts made 
                available under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--The funds appropriated under this section 
shall be used for--
            ``(1) programs that provide services for children exposed 
        to domestic violence, dating violence, sexual assault, or 
        stalking, which may include direct counseling, advocacy, or 
        mentoring, and must include support for the nonabusing parent 
        or the child's caretaker;
            ``(2) training and coordination for programs that serve 
        children and youth (such as Head Start, child care, and after-
        school programs) on how to safely and confidentially identify 
        children and families experiencing domestic violence and 
        properly refer them to programs that can provide direct 
        services to the family and children, and coordination with 
        other domestic violence or other programs serving children 
        exposed to domestic violence, dating violence, sexual assault, 
        or stalking that can provide the training and direct services 
        referenced in this subsection; or
            ``(3) advocacy within the systems that serve children to 
        improve the system's understanding of and response to children 
        who have been exposed to domestic violence and the needs of the 
        nonabusing parent.
    ``(d) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be--
            ``(1) a victim service provider, tribal nonprofit 
        organization or community-based organization that has a 
        documented history of effective work concerning children or 
        youth exposed to domestic violence, dating violence, sexual 
        assault, or stalking, including programs that provide 
        culturally specific services, Head Start, child care, after 
        school programs, and health and mental health providers; or
            ``(2) a State, territorial, tribal, or local unit of 
        government agency that is partnered with an organization 
        described in paragraph (1).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) at a minimum, describe in the application the 
        policies and procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children who have been exposed to violence and their 
                nonabusing parent, enhance or ensure the safety and 
                security of children and their nonabusing parent in 
                homes already experiencing domestic violence, dating 
                violence, sexual assault, or stalking; and
                    ``(B) ensure linguistically, culturally, and 
                community relevant services for racial and ethnic and 
                other underserved populations.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, providing 
additional information as the Director shall require.

``SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, AND YOUTH TO PREVENT 
              DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 
              STALKING.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        collaboration with the Secretary of Health and Human Services, 
        shall award grants on a competitive basis to eligible entities 
        for the purpose of developing or enhancing programs related to 
        building alliances among men, women, and youth to prevent 
        domestic violence, dating violence, sexual assault, and 
        stalking by helping them to develop mutually respectful, 
        nonviolent relationships.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations (as defined in 
                section 2000B of the Omnibus Crime Control and Safe 
                Streets Act of 1968);
                    ``(B) with respect to gender-specific programs 
                described under subsection (c)(1)(A), ensuring 
                reasonable distribution of funds to programs for boys 
                and programs for girls;
                    ``(C) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year; and
                    ``(D) awarding up to 8 percent for the funding of 
                training, technical assistance, and data collection for 
                grantees and non-grantees working in this area and 
                evaluation programs from the amounts made available 
                under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--
            ``(1) Programs.--The funds appropriated under this section 
        shall be used by eligible entities for--
                    ``(A) public education and community based 
                programs, including gender-specific programs in 
                accordance with applicable laws--
                            ``(i) to encourage children and youth to 
                        pursue only mutually respectful, nonviolent 
                        relationships and empower them to reduce their 
                        risk of becoming victims or perpetrators of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking; and
                            ``(ii) that include at a minimum--
                                    ``(I) information on domestic 
                                violence, dating violence, sexual 
                                assault, stalking, or child sexual 
                                abuse and how they affect children and 
                                youth; and
                                    ``(II) strategies to help 
                                participants be as safe as possible; or
                    ``(B) public education campaigns and community 
                organizing to encourage men and boys to work as allies 
                with women and girls to prevent domestic violence, 
                dating violence, stalking, and sexual assault conducted 
                by entities that have experience in conducting public 
                education campaigns that address domestic violence, 
                dating violence, sexual assault, or stalking.
            ``(2) Media limits.--No more than 25 percent of funds 
        received by a grantee under this section may be used to create 
        and distribute media materials.
    ``(d) Eligible Entities.--
            ``(1) Relationships.--Eligible entities under subsection 
        (c)(1)(A) are--
                    ``(A) nonprofit, nongovernmental domestic violence, 
                dating violence, sexual assault, or stalking victim 
                service providers or coalitions;
                    ``(B) community-based child or youth services 
                organizations with demonstrated experience and 
                expertise in addressing the needs and concerns of young 
                people;
                    ``(C) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered with an 
                organization described in subparagraph (A) or (B); or
                    ``(D) a program that provides culturally specific 
                services.
            ``(2) Awareness campaign.--Eligible entities under 
        subsection (c)(1)(B) are--
                    ``(A) nonprofit, nongovernmental organizations or 
                coalitions that have a documented history of creating 
                and administering effective public education campaigns 
                addressing the prevention of domestic violence, dating 
                violence, sexual assault or stalking; or
                    ``(B) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered with an 
                organization described in subparagraph (A).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) for a grant under subsection (c)(1)(A), describe in 
        the application the policies and procedures that the entity has 
        or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and youth already experiencing domestic 
                violence, dating violence, sexual assault, or stalking 
                in their lives;
                    ``(B) provide, where appropriate, linguistically, 
                culturally, and community relevant services for racial 
                and ethnic and other underserved populations;
                    ``(C) inform participants about laws, services, and 
                resources in the community, and make referrals as 
                appropriate; and
                    ``(D) ensure that State and local domestic 
                violence, dating violence, sexual assault, and stalking 
                victim service providers and coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, including an 
evaluation of funded programs and providing additional information as 
the Director shall require.

``SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR HOME 
              VISITATION PROJECTS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, shall award 
        grants on a competitive basis to home visitation programs, in 
        collaboration with law enforcement, victim service providers, 
        for the purposes of developing and implementing model policies 
        and procedures to train home visitation service providers on 
        addressing domestic violence, dating violence, sexual assault, 
        and stalking in families experiencing violence, or at risk of 
        violence, to reduce the impact of that violence on children, 
        maintain safety, improve parenting skills, and break 
        intergenerational cycles of violence.
            ``(2) Term.--The Director shall make the grants under this 
        section for a period of 2 fiscal years.
            ``(3) Award basis.--The Director shall--
                    ``(A) consider the needs of underserved 
                populations;
                    ``(B) award not less than 7 percent of such amounts 
                for the funding of tribal projects from the amounts 
                made available under this section for a fiscal year; 
                and
                    ``(C) award up to 8 percent for the funding of 
                technical assistance programs from the amounts made 
                available under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a national, Federal, State, local, 
territorial, or tribal--
            ``(1) home visitation program that provides services to 
        pregnant women and to young children and their parent or 
        primary caregiver that are provided in the permanent or 
        temporary residence or in other familiar surroundings of the 
        individual or family receiving such services; or
            ``(2) victim services organization or agency in 
        collaboration with an organization or organizations listed in 
        paragraph (1).
    ``(d) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) describe in the application the policies and 
        procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and their nonabusing parent in homes already 
                experiencing domestic violence, dating violence, sexual 
                assault, or stalking;
                    ``(B) ensure linguistically, culturally, and 
                community relevant services for racial ethnic and other 
                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 or recognize (or 
                        both) domestic violence, dating violence, 
                        sexual assault, and stalking;
                            ``(ii) understand the impact of domestic 
                        violence or sexual assault on children and 
                        protective actions taken by a nonabusing parent 
                        or caretaker in response to violence against 
                        anyone in the household; and
                            ``(iii) link new parents with existing 
                        community resources in communities where 
                        resources exist; and
                    ``(D) ensure that relevant State and local domestic 
                violence, dating violence, sexual assault, and stalking 
                victim service providers and coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section, and are included as training partners, 
                where possible.''.

         TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

SEC. 900. SHORT TITLE; REFERENCES TO VAWA-2000; REGULATIONS.

    (a) Short Title.--This title may be cited as ``Immigrant Victims of 
Violence Protection Act of 2005''.
    (b) References to VAWA-2000.--In this title, the term ``VAWA-2000'' 
means the Violence Against Women Act of 2000 (division B of Public Law 
106-386).
    (c) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General, the Secretary of Homeland 
Security, and Secretary of State shall promulgate regulations to 
implement the provisions contained in the Battered Immigrant Women 
Protection Act of 2000 (title V of VAWA-2000) and the amendments made 
by (and the provisions of) this title. In applying such regulations, in 
the case of petitions, applications, or certifications filed on or 
before the effective date of publication of such regulations for relief 
covered by such regulations, there shall be no requirement to submit an 
additional petition, application, or certification and any priority or 
similar date with respect to such a petition or application shall 
relate back to the date of the filing of the petition or application.

                      Subtitle A--Victims of Crime

SEC. 901. CONDITIONS APPLICABLE TO U AND T VISAS.

    (a) Treatment of Spouse and Children of Victims of Trafficking.--
Clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)) is amended to read as follows:
                    ``(ii) if accompanying, or following to join, the 
                alien described in clause (i)--
                            ``(I) in the case of an alien so described 
                        who is under 21 years of age, the spouse, 
                        children, unmarried siblings under 18 years of 
                        age on the date on which such alien applied for 
                        status under such clause, and parents of such 
                        alien; or
                            ``(II) in the case of an alien described in 
                        clause (i) who is 21 years of age or older, the 
                        spouse and children of such alien;''.
    (b) Duration of U and T Visas.--
            (1) U visas.--Section 214(p) of such Act (8 U.S.C. 1184(p)) 
        is amended by adding at the end the following new paragraph:
            ``(6) Duration of status.--The authorized period of status 
        of an alien as a nonimmigrant under section 101(a)(15)(U) shall 
        be 4 years, but--
                    ``(A) shall be extended on a year-by-year basis 
                upon certification from a Federal, State or local law 
                enforcement official, prosecutor, judge, or other 
                Federal, State or local authority investigating or 
                prosecuting criminal activity described in section 
                101(a)(15)(U)(iii) that the alien's ongoing presence in 
                the United States is required to assist in the 
                investigation or prosecution of such criminal activity; 
                and
                    ``(B) shall be extended if the alien files an 
                application for adjustment of status under section 
                245(m), until final adjudication of such 
                application.''.
            (2) T visas.--Section 214(o) of such Act (8 U.S.C. 
        1184(o)), as redesignated by section 8(a)(3) of the Trafficking 
        Victims Protection Reauthorization Act of 2003 (Public Law 108-
        193), is amended by adding at the end the following:
    ``(7) The authorized period of status of an alien as a nonimmigrant 
status under section 101(a)(15)(T) shall be 4 years, but--
            ``(A) shall be extended on a year-by-year basis upon 
        certification from a Federal, State or local law enforcement 
        official, prosecutor, judge, or other Federal, State or local 
        authority investigating or prosecuting criminal activity 
        relating to human trafficking that the alien's ongoing presence 
        in the United States is required to assist in the investigation 
        or prosecution of such criminal activity; and
            ``(B) shall be extended if the alien files an application 
        for adjustment of status under section 245(l), until final 
        adjudication of such application.''.
    (c) Permitting Change of Nonimmigrant Status to U and T 
Nonimmigrant Status.--
            (1) In general.--Section 248 of such Act (8 U.S.C. 1258) is 
        amended--
                    (A) by striking ``The Attorney General'' and 
                inserting ``(a) The Secretary of Homeland Security'';
                    (B) by inserting ``(subject to subsection (b))'' 
                after ``except''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(b) The limitation based on inadmissibility under section 
212(a)(9)(B) and the exceptions specified in numbered paragraphs of 
subsection (a) shall not apply to a change of nonimmigrant 
classification to that of a nonimmigrant under subparagraph (T) or (U) 
of section 101(a)(15), other than from such classification under 
subparagraph (C) or (D) of such section.''.
            (2) Conforming amendment.--Section 214(l)(2)(A) of such Act 
        (8 U.S.C. 1184(l)(2)(A)) is amended by striking ``248(2)'' and 
        inserting ``248(a)(2)''.
    (d) Certification Process for Victims of Trafficking.--
            (1) Victim assistance in investigation or prosecution.--
        Section 107(b)(1)(E) of the Trafficking Victims Protection Act 
        of 2000 (division A of Public Law 106-386; 22 U.S.C. 
        7105(b)(1)(E)) is amended--
                    (A) in clause (i)(I), by striking ``investigation 
                and prosecution'' and inserting ``investigation or 
                prosecution, by the United States or a State or local 
                government''; and
                    (B) in clause (iii)--
                            (i) by striking ``Investigation and 
                        prosecution'' and ``investigation and 
                        prosecution'' and inserting ``Investigation or 
                        prosecution'' and ``investigation or 
                        prosecution'', respectively;
                            (ii) in subclause (II), by striking ``and'' 
                        at the end;
                            (iii) in subclause (III), by striking the 
                        period and inserting ``; or''; and
                            (iv) by adding at the end the following new 
                        subclause:
                                    ``(IV) responding to and 
                                cooperating with requests for evidence 
                                and information.''.
            (2) Clarifying roles of attorney general and secretary of 
        homeland security.--
                    (A) Section 107 of the Trafficking Victims 
                Protection Act of 2000 (division A of Public Law 106-
                386; 22 U.S.C. 7105) is amended--
                            (i) in subsections (b)(1)(E)(i)(II)(bb), 
                        (b)(1)(E)(ii), (e)(5), and (g), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security'' each place it appears; 
                        and
                            (ii) in subsection (c), by inserting ``, 
                        Secretary of Homeland Security,'' after 
                        ``Attorney General''.
                    (B) Section 101(a)(15)(T) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended by 
                striking ``Attorney General'' and inserting ``Secretary 
                of Homeland Security'' each place it appears.
                    (C) Section 212(d)(13) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(d)(13)) is amended--
                            (i) in subparagraph (A), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security'';
                            (ii) in subparagraph (B), by striking 
                        ``Attorney General'' the first place it appears 
                        and inserting ``Secretary of Homeland 
                        Security''; and
                            (iii) in subparagraph (B), by striking 
                        ``Attorney General, in the Attorney General's 
                        discretion'' and inserting ``Secretary, in the 
                        Secretary's discretion''.
                    (D) Section 101(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(i)) is amended--
                            (i) in paragraph (1), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security, the Attorney General,''; 
                        and
                            (ii) in paragraph (2), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''.
                    (E) Section 245(l) of the Immigration and 
                Nationality Act (8 U.S.C. 1255(l)) is amended--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'' 
                        the first place it appears in paragraphs (1) 
                        and (2) and in paragraph (5);
                            (ii) by striking ``Attorney General'' and 
                        inserting ``Secretary'' the second place it 
                        appears in paragraphs (1) and (2); and
                            (iii) in paragraph (2), by striking 
                        ``Attorney General's'' and inserting 
                        ``Secretary's''.
            (3) Request by state and local law enforcement officials.--
        Section 107(c)(3) of the Trafficking Victims Protection Act of 
        2000 (division A of Public Law 106-386; 22 U.S.C. 7105(c)(3)) 
        is amended by adding at the end the following: ``State or local 
        law enforcement officials may request that such Federal law 
        enforcement officials permit the continued presence of 
        trafficking victims. If such a request contains a certification 
        that a trafficking victim is a victim of a severe form of 
        trafficking, such Federal law enforcement officials may permit 
        the continued presence of the trafficking victim in accordance 
        with this paragraph.''.
    (e) Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b)(1), (c), and (d)(3) shall take effect on the date of the 
        enactment of this Act.
            (2) Transition for duration of t visas.--In the case of an 
        alien who is classified as a nonimmigrant under section 
        101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(T)) before the the date of implementation of the 
        amendment made by subsection (b)(2) and whose period of 
        authorized stay was less than 4 years, the authorized period of 
        status of the alien as such a nonimmigrant shall be extended to 
        be 4 years and shall be further extended on a year-by-year 
        basis as provided in section 214(o)(7) of such Act, as added by 
        such amendment.
            (3) Certification process.--(A) The amendments made by 
        subsection (d)(1) shall be effective as if included in the 
        enactment of VAWA-2000.
            (B) The amendments made by subsection (d)(2) shall be 
        effective as of the applicable date of transfer of authority 
        from the Attorney General to the Secretary of Homeland Security 
        under the Homeland Security Act of 2002 (Public Law 107-296).

SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER HARDSHIP WAIVERS FOR 
              CONDITIONAL PERMANENT RESIDENCE.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by adding at the end 
the following: ``An application for relief under this paragraph may be 
based on one or more grounds specified in subparagraphs (A) through (D) 
and may be amended at any time to change the ground or grounds for such 
relief without the application being resubmitted.''.
    (b) Appeals.--Such section is further amended by adding at the end 
the following: ``Such an application may not be considered if there is 
a final removal order in effect with respect to the alien.''.
    (c) Conforming Amendment.--Section 237(a)(1)(H)(ii) of such Act (8 
U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at 
the end the following: ``or qualifies for a waiver under section 
216(c)(4)''.
    (d) Effective Dates.--
            (1) The amendment made by subsection (a) shall apply to 
        applications for relief pending or filed on or after April 10, 
        2003.
            (2) The amendment made by subsection (b) shall apply to 
        applications for relief filed on or after the date of the 
        enactment of this Act.

SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING.

    (a) Reduction in Required Period of Presence Authorized.--
            (1) In general.--Section 245(l) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(l)) is amended--
                    (A) in paragraph (1)(A), by inserting ``subject to 
                paragraph (6),'' after ``(A)'';
                    (B) in paragraph (1)(A), by inserting after 
                ``since'' the following: ``the earlier of (i) the date 
                the alien was granted continued presence under section 
                107(c)(3) of the Trafficking Victims Protection Act of 
                2000, or (ii)''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(6) The Secretary of Homeland Security may waive or reduce the 
period of physical presence required under paragraph (1)(A) for an 
alien's adjustment of status under this subsection if a Federal, State, 
or local law enforcement official investigating or prosecuting 
trafficking described in section 101(a)(15)(T)(i) in relation to the 
alien or the alien's spouse, child, parent, or sibling certifies that 
the official has no objection to such waiver or reduction.''.
            (2) Conforming amendment.--Section 107(c) of the 
        Trafficking Victims Protection Act of 2000 (division A of 
        Public Law 106-386; 22 U.S.C. 7105(c)) is amended by adding at 
        the end the following new paragraph:
            ``(5) Certification of no objection for waiver or reduction 
        of period of required physical presence for adjustment of 
        status.--In order for an alien to have the required period of 
        physical presence under paragraph (1)(A) of section 245(l) of 
        the Immigration and Nationality Act waived or reduced under 
        paragraph (6) of such section, a Federal, State, and local law 
        enforcement official investigating or prosecuting trafficking 
        described in section 101(a)(15)(T)(i) in relation to the alien 
        or the alien's spouse, child, parent, or sibling may provide 
        for a certification of having no objection to such waiver or 
        reduction.''.
    (b) Treatment of Good Moral Character.--Section 245(l) of the 
Immigration and Nationality Act (8 U.S.C. 1255(l)), as amended by 
subsection (a)(1), is amended--
            (1) in paragraph (1)(B), by inserting ``subject to 
        paragraph (7),'' after ``(B)''; and
            (2) by adding at the end the following new paragraph:
    ``(7) For purposes of paragraph (1)(B), the Secretary of Homeland 
Security, in the Secretary's sole unreviewable discretion, may waive 
consideration of a disqualification from good moral character described 
in section 101(f) with respect to an alien if there is a connection 
between the disqualification and the trafficking with respect to the 
alien described in section 101(a)(15)(T)(i).''.
    (c) Annual Report on Training of Law Enforcement.--
            (1) In general.--Section 107(g) of the Trafficking Victims 
        Protection Act of 2000 (division A of Public Law 106-386; 22 
        U.S.C. 7105(g)) is amended by adding at the end the following: 
        ``Each such report shall also include statistics regarding the 
        number of law enforcement officials who have been trained in 
        the identification and protection of trafficking victims and 
        certification for assistance as nonimmigrants under section 
        101(a)(15)(T) of such Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to annual reports beginning with the report for 
        fiscal year 2006.

                      Subtitle B--VAWA Petitioners

SEC. 911. DEFINITION OF VAWA PETITIONER.

    (a) In General.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following 
new paragraph:
    ``(51) The term `VAWA petitioner' means an alien whose application 
or petition for classification or relief under any of the following 
provisions (whether as a principal or as a derivative) has been filed 
and has not been denied after exhaustion of administrative appeals:
            ``(A) Clause (iii), (iv), or (vii) of section 204(a)(1)(A).
            ``(B) Clause (ii) or (iii) of section 204(a)(1)(B).
            ``(C) Subparagraph (C) or (D) of section 216(c)(4).
            ``(D) The first section of Public Law 89-732 (commonly 
        known as the Cuban Adjustment Act) as a child or spouse who has 
        been battered or subjected to extreme cruelty.
            ``(E) Section 902(d)(1)(B) of the Haitian Refugee 
        Immigration Fairness Act of 1998 (division A of section 101(h) 
        of Public Law 105-277).
            ``(F) Section 202(d)(1) of the Nicaraguan Adjustment and 
        Central American Relief Act (8 U.S.C. 1255 note; Public Law 
        105-100).
            ``(G) Section 309(c)(5) of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (division C of Public 
        Law 104-208; 8 U.S.C. 1101 note).''.
    (b) Conforming Amendments.--
            (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 U.S.C. 
        1182(a)(6)(A)(ii)(I)) is amended by striking ``qualifies for 
        immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), 
        or (B)(iii) of section 204(a)(1)'' and inserting ``is a VAWA 
        petitioner''.
            (2) Section 212(a)(9)(C)(ii) of such Act (8 U.S.C. 
        1182(a)(9)(C)(ii)) is amended by striking ``to whom the 
        Attorney General has granted classification under clause (iii), 
        (iv), or (v) of section 204(a)(1)(A), or classification under 
        clause (ii), (iii), or (iv) of section 204(a)(1)(B)'' and 
        inserting ``is a VAWA petitioner''.
            (3) Subsections (h)(1)(C) and (g)(1)(C) of section 212 (8 
        U.S.C. 1182) is amended by striking ``qualifies for 
        classification under clause (iii) or (iv) of section 
        204(a)(1)(A) or classification under clause (ii) or (iii) of 
        section 204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
            (4) Section 212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is 
        amended by striking ``an alien granted classification under 
        clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 
        (iii) of section 204(a)(1)(B)'' and inserting ``a VAWA 
        petitioner''.
            (5) Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 
        1227(a)(1)(H)(ii)) is amended by striking ``is an alien who 
        qualifies for classification under clause (iii) or (iv) of 
        section 204(a)(1)(A) or clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
            (6) Section 240A(b)(4)(B) of such Act (8 U.S.C. 
        1229b(b)(4)(B)) is amended by striking ``they were applications 
        filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
        (B)(iii)'' and inserting ``the applicants were VAWA 
        petitioners''.
            (7) Section 245(a) of such Act (8 U.S.C. 1255(a)) is 
        amended by striking ``under subparagraph (A)(iii), (A)(iv), 
        (B)(ii), or (B)(iii) of section 204(a)(1) or'' and inserting 
        ``as a VAWA petitioner''.
            (8) Section 245(c) of such Act (8 U.S.C. 1255(c)) is 
        amended by striking ``under subparagraph (A)(iii), (A)(iv), 
        (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 
        204(a)(1)'' and inserting ``as a VAWA petitioner''.
            (9) For additional conforming amendments to sections 
        212(a)(4)(C)(i) and 240(c)(7)(C)(iv)(I) of the Immigration and 
        Nationality Act, see sections 832(b)(2) and 817(a) of this Act.

SEC. 912. SELF-PETITIONING FOR CHILDREN.

    (a) Self-Petitioning by Children of Parent-Abusers Upon Death or 
Other Termination of Parent-Child Relationship.--
            (1) Citizen parents.--Section 204(a)(1)(A)(iv) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is 
        amended--
                    (A) by striking ``or who'' and inserting ``who''; 
                and
                    (B) by inserting after ``domestic violence,'' the 
                following: ``or who was a child of a United States 
                citizen parent who within the past 2 years (or, if 
                later, two years after the date the child attains 18 
                years of age) died or otherwise terminated the parent-
                child relationship (as defined under section 
                101(b)),''.
            (2) Lawful permanent resident parents.--
                    (A) In general.--Section 204(a)(1)(B)(iii) of such 
                Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended--
                            (i) by striking ``or who'' and inserting 
                        ``who''; and
                            (ii) by inserting after ``domestic 
                        violence,'' the following: ``or who was a child 
                        of a lawful permanent resident resident who 
                        within the past 2 years (or, if later, two 
                        years after the date the child attains 18 years 
                        of age) died or otherwise terminated the 
                        parent-child relationship (as defined under 
                        section 101(b)),''.
                    (B) Conforming treatment of deceased spouses.--
                Section 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 
                U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amended--
                            (i) by redesignating subitems (aaa) and 
                        (bbb) as subitems (bbb) and (ccc), 
                        respectively; and
                            (ii) by inserting before subitem (bbb), as 
                        so redesignated, the following:
                    ``(aaa) whose spouse died within the past 2 
                years;''.
            (3) Effective dates.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendment made by paragraphs (1) and (2) shall take 
                effect on the date of the enactment of this Act.
                    (B) Transition in case of citizen parents who died 
                before enactment.--In applying the amendments made by 
                paragraphs (1) and (2)(A) in the case of an alien whose 
                citizen parent or lawful permanent resident parent died 
                or whose parent-child relationship with such parent 
                terminated during the period beginning on October 28, 
                1998, and ending on the date of the enactment of this 
                Act, the following rules apply:
                            (i) The reference to ``within the past 2 
                        years'' in section 204(a)(1)(A)(iv) or 
                        204(a)(1)(B)(iii), respectively, of the 
                        Immigration and Nationality Act in the matter 
                        inserted by such paragraph is deemed to be a 
                        reference to such period.
                            (ii) The petition must be filed under such 
                        section within 2 years after the date of the 
                        enactment of this Act (or, if later, 2 years 
                        after the alien's 18th birthday).
                            (iii) The determination of eligibility for 
                        benefits as a child under such section 
                        (including under section 204(a)(1)(D) of the 
                        Immigration and Nationality Act by reason of a 
                        petition authorized under such section) shall 
                        be determined as of the date of the death of 
                        the citizen parent or lawful permanent resident 
                        parent or the termination of the parent-child 
                        relationship.
    (b) Protecting Victims of Child Abuse From Aging Out.--
            (1) Clarification regarding continuation of immediate 
        relative status for children of citizens.--Section 
        204(a)(1)(D)(i)(I) of the Immigration and Nationality Act (8 
        U.S.C. 1154(a)(1)(D)(i)(I)) is amended--
                    (A) by striking ``clause (iv) of section 
                204(a)(1)(A)'' and inserting ``subparagraph (A)(iv)'' 
                each place it appears; and
                    (B) by striking ``a petitioner for preference 
                status under paragraph (1), (2), or (3) of section 
                203(a), whichever paragraph is applicable'' and 
                inserting ``to continue to be treated as an immediate 
                relative under section 201(b)(2)(A)(i), or a petitioner 
                for preference status under section 203(a)(3) if 
                subsequently married''.
            (2) Clarification regarding application to children of 
        lawful permanent residents.--Section 204(a)(1)(D) of such Act 
        (8 U.S.C. 1154(a)(1)(D)) is amended--
                    (A) in clause (i)(I)--
                            (i) by inserting after the first sentence 
                        the following new sentence: ``Any child who 
                        attains 21 years of age who has filed a 
                        petition under subparagraph (B)(iii) that was 
                        filed or approved before the date on which the 
                        child attained 21 year of age shall be 
                        considered (if the child has not been admitted 
                        or approved for lawful permanent residence by 
                        the date the child attained 21 years of age) a 
                        petitioner for preference status under section 
                        203(a)(2)(A), with the same priority date 
                        assigned to the self-petition filed under such 
                        subparagraph.''; and
                            (ii) in the last sentence, by inserting 
                        ``in either such case'' after ``shall be 
                        required to be filed'';
                    (B) in clause (i)(III), by striking ``paragraph 
                (1), (2), or (3) of section 203(a)'' and inserting 
                ``section 203(a)(2)(A)''; and
                    (C) in clause (ii), by striking ``(A)(iii), 
                (A)(iv),''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to applications filed before, on, or after the date 
        of the enactment of VAWA-2000.
    (c) Clarification of No Separate Adjustment Application for 
Derivative Children.--
            (1) In general.--Section 245(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(a)) is amended by adding at the 
        end the following: ``In the case of a petition under clause 
        (ii), (iii), or (iv) of section 204(a)(1)(A) that includes an 
        individual as a derivative child of a principal alien, no 
        adjustment application other than the adjustment application of 
        the principal alien shall be required for adjustment of status 
        of the individual under this subsection or subsection (c).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications filed before, on, or after such 
        date.
    (d)  Late Petition Permitted for Adults Abused as Children.--
            (1) In general.--Section 204(a)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(D)), is amended by 
        adding at the end the following new clause:
    ``(iv) In the case of an alien who qualified to petition under 
subparagraph (A)(iv) or (B)(iii) as of the date the individual attained 
21 years of age, the alien may file a petition under such respective 
subparagraph notwithstanding that the alien has attained such age or 
been married so long as the petition is filed before the date the 
individual attains 25 years of age. In the case of such a petition, the 
alien shall remain eligible for adjustment of status as a child 
notwithstanding that the alien has attained 21 years of age or has 
married, or both.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to individuals who attain 21 years of age on or 
        after the date of the enactment of VAWA-2000.

SEC. 913. SELF-PETITIONING PARENTS.

    (a) In General.--Section 204(a)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the 
end the following new clause:
    ``(vii) An alien who--
            ``(I) is the parent of a citizen of the United States or 
        was a parent of a citizen of the United States who within the 
        past 2 years lost or renounced citizenship status related to 
        battering or extreme cruelty by the United States citizen son 
        or daughter or who within the past two years died;
            ``(II) is a person of good moral character;
            ``(III) is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i) by virtue of the alien's 
        relationship to the son or daughter referred to in subclause 
        (I); and
            ``(IV) resides, or has resided in the past, with the 
        citizen daughter or son;
may file a petition with the Secretary of Homeland Security under this 
subparagraph for classification of the alien under such section if the 
alien demonstrates that the alien has been battered by or has been the 
subject of extreme cruelty perpetrated by the alien's citizen son or 
daughter.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICATIONS.

    (a) In General.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking 
        ``an incident of domestic violence'' and inserting ``battering 
        or extreme cruelty by the United States citizen spouse'';
            (2) in subparagraph (A)(iv), by striking ``an incident of 
        domestic violence'' and inserting ``battering or extreme 
        cruelty by such parent'';
            (3) in subparagraph (B)(ii)(II)(aa)(CC)(bbb), as 
        redesignated by section 912(a)(2)(B)(i), by striking ``due to 
        an incident of domestic violence'' and inserting ``related to 
        battering or extreme cruelty by the lawful permanent resident 
        spouse''; and
            (4) in subparagraph (B)(iii), by striking ``due to an 
        incident of domestic violence'' and inserting ``related to 
        battering or extreme cruelty by such parent''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of VAWA-2000.

SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND 
              APPLICATIONS FOR RELIEF.

    (a) Relief.--
            (1) Limitation on removal or deportation.--Section 237 of 
        the Immigration and Nationality Act (8 U.S.C. 1227) is amended 
        by adding at the end the following new subsection:
    ``(d)(1) In the case of an alien in the United States for whom a 
petition as a VAWA petitioner has been filed, if the petition sets 
forth a prima facie case for approval, the Secretary of Homeland 
Security, in the Secretary's sole unreviewable discretion, may grant 
the alien deferred action until the petition is approved or the 
petition is denied after exhaustion of administrative appeals. In the 
case of the approval of such petition, such deferred action may be 
extended until a final determination is made on an application for 
adjustment of status.
    ``(2) In the case of an alien in the United States for whom an 
application for nonimmigrant status (whether as a principal or 
derivative child) under subparagraph (T) or (U) of section 101(a)(15) 
has been filed, if the application sets forth a prima facie case for 
approval, the Secretary of Homeland Security, in the Secretary's sole 
unreviewable discretion, may grant the alien deferred action until the 
application is approved or the application is denied after exhaustion 
of administrative appeals.
    ``(3) During a period in which an alien is provided deferred action 
under this subsection, the alien shall not be removed or deported. ''.
            (2) Limitation on detention.--Section 236 of such Act (8 
        U.S.C. 1226) is amended by adding at the end the following new 
        subsection:
    ``(f) Limitation on Detention of Certain Victims of Violence.--(1) 
An alien for whom a petition as a VAWA petitioner has been approved or 
for whom an application for nonimmigrant status (whether as a principal 
or derivative child) under subparagraph (T) or (U) of section 
101(a)(15) has been approved, subject to paragraph (2), the alien shall 
not be detained if the only basis for detention is a ground for which--
            ``(A) a waiver is provided under section 212(h), 
        212(d)(13), 212(d)(14), 237(a)(7), or 237(a)(2)(a)(V); or
            ``(B) there is an exception under section 204(a)(1)(C).
    ``(2) Paragraph (1) shall not apply in the case of detention that 
is required under subsection (c) or section 236A.''.
            (3) Employment authorization.--
                    (A) For vawa petitioners.--Section 204(a)(1) of 
                such Act (8 U.S.C. 1154(a)(1)) is amended by adding at 
                the end the following:
    ``(K)(i) In the case of an alien for whom a petition as a VAWA 
petitioner is approved, the alien is eligible for work authorization 
and shall be provided an `employment authorized' endorsement or other 
appropriate work permit.''.
                    (B) For aliens with approved t visas.--Section 
                214(o) of such Act (8 U.S.C. 1184(o)), as amended by 
                section 901(b)(2), is amended by adding at the end the 
                following new paragraph:
    ``(8) In the case of an alien for whom an application for 
nonimmigrant status (whether as a principal or derivative) under 
section 101(a)(15)(T) has been approved, the alien is eligible for work 
authorization and shall be provided an `employment authorized' 
endorsement or other appropriate work permit.''.
            (4) Processing of applications.--Section 204(a)(1)(K) of 
        the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(K)), 
        as added by paragraph (3)(A), is amended by adding at the end 
        the following:
    ``(ii) A petition as a VAWA petitioner shall be processed without 
regard to whether a proceeding to remove or deport such alien is 
brought or pending.''.
            (5) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to petitions and applications filed before, on, or 
        after such date.
    (b) Applicants for Cancellation of Removal or Suspension of 
Deportation.--
            (1) In general.--Section 240A(b)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(b)(2)) is amended by adding at 
        the end the following new subparagraph:
                    ``(E) Relief while application pending.--In the 
                case of an alien who has applied for relief under this 
                paragraph and whose application sets forth a prima 
                facie case for such relief or who has filed an 
                application for relief under section 244(a)(3) (as in 
                effect on March 31, 1997) that sets forth a prima facie 
                case for such relief--
                            ``(i) the alien shall not be removed or 
                        deported until the application has been 
                        approved or, in the case it is denied, until 
                        all opportunities for appeal of the denial have 
                        been exhausted; and
                            ``(ii) such an application shall be 
                        processed without regard to whether a 
                        proceeding to remove or deport such alien is 
                        brought or pending.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications filed before, on, or after such 
        date.

SEC. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.

    (a) Fiancees.--
            (1) Self-petitioning.--Section 204(a)(1)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) 
        is amended--
                    (A) in subclause (I)(bb), by inserting after 
                ``during the marriage'' the following: ``or 
                relationship intended by the alien to be legally a 
                marriage or to conclude in a valid marriage'';
                    (B) in subclause (II)(aa)--
                            (i) by striking ``or'' at the end of 
                        subitem (BB);
                            (ii) by inserting ``or'' at the end of 
                        subitem (CC); and
                            (iii) by adding at the end the following 
                        new subitem:
            ``(DD) who entered the United States as an alien described 
        in section 101(a)(15)(K) with the intent to enter into a valid 
        marriage and the alien (or child of the alien) was battered or 
        subject to extreme cruelty in the United States by the United 
        States citizen who filed the petition to accord status under 
        such section;'';
                    (C) in subclause (II)(cc), by striking ``or who'' 
                and inserting ``, who'' and by inserting before the 
                semicolon at the end the following: ``, or who is 
                described in subitem (aa)(DD)''; and
                    (D) in subclause (II)(dd), by inserting ``or who is 
                described in subitem (aa)(DD)'' before the period at 
                the end.
            (2) Exception from requirement to depart.--Section 214(d) 
        of such Act (8 U.S.C. 1184(d)) is amended by inserting before 
        the period at the end the following: ``unless the alien (and 
        the child of the alien) entered the United States as an alien 
        described in section 101(a)(15)(K) with the intent to enter 
        into a valid marriage and the alien or child was battered or 
        subject to extreme cruelty in the United States by the United 
        States citizen who filed the petition to accord status under 
        such section''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens admitted before, on, or after such date.
    (b) Spouses Who Are Conditional Permanent Residents.--
            (1) In general.--Section 245(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(d)) is amended--
                    (A) by inserting ``(1)'' after ``(d)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Paragraph (1) shall not apply to an alien who seeks 
adjustment of status on the basis of an approved petition for 
classification as a VAWA petitioner.''.
            (2) Conforming application in cancellation of removal.--
        Section 240A(b)(2)(A)(i) of such Act (8 U.S.C. 
        1229b(b)(2)(A)(i)) is amended--
                    (A) by striking ``or'' at the end of subclause 
                (II);
                    (B) by adding ``or'' at the end of subclause (III); 
                and
                    (C) by adding at the end the following new 
                subclause:
                            ``(IV) the alien entered the United States 
                        as an alien described in section 101(a)(15)(K) 
                        with the intent to enter into a valid marriage 
                        and the alien (or the child of the alien who is 
                        described in such section) was battered or 
                        subject to extreme cruelty in the United States 
                        by the United States citizen who filed the 
                        petition to accord status under such 
                        section;''.
            (3) Exception to restriction on adjustment of status.--The 
        second sentence of section 245(d)(1) of such Act (8 U.S.C. 
        1255(d)(1)), as designated by paragraph (1)(A), is amended by 
        inserting ``who is not described in section 
        204(a)(1)(A)(iii)(II)(aa)(DD)'' after ``alien described in 
        section 101(a)(15)(K)''.
            (4) Application under suspension of deportation.--Section 
        244(a)(3) of such Act (as in effect on March 31, 1997) shall be 
        applied (as if in effect on such date) as if the phrase ``is 
        described in section 240A(b)(2)(A)(i)(IV) or'' were inserted 
        before ``has been battered'' the first place it appears.
            (5) Effective date.--The amendments made by this 
        subsection, and the provisions of paragraph (4), shall take 
        effect on the date of the enactment of this Act and shall apply 
        to applications for adjustment of status, for cancellation of 
        removal, or for suspension of deportation filed before, on, or 
        after such date.
    (c) Information on Certain Convictions and Limitation on Petitions 
for K Nonimmigrant Petitioners.--Section 214(d) of the Immigration and 
Nationality Act (8 U.S.C. 1184(d)) is amended--
            (1) by striking ``(d)'' and inserting ``(d)(1)'';
            (2) by inserting after the second sentence the following: 
        ``Such information shall include information on any criminal 
        convictions of the petitioner for domestic violence, sexual 
        assault, or child abuse.''; and
            (3) by adding at the end the following:
    ``(2)(A) Subject to subparagraph (B), a consular officer may not 
approve a petition under paragraph (1) unless the officer has verified 
that--
            ``(i) the petitioner has not, previous to the pending 
        petition, petitioned under paragraph (1) with respect to more 
        than 2 applying aliens; and
            ``(ii) if the petitioner has had such a petition previously 
        approved, 2 years have elapsed since the filing of such 
        previously approved petition.
    ``(B) The Secretary of Homeland Security may, in the discretion of 
the Secretary, waive the limitation in subparagraph (A), if 
justification exists for such a waiver.
    ``(3) For purposes of this subsection--
            ``(A) the term `child abuse' means a felony or misdemeanor 
        crime, as defined by Federal or State law, committed by an 
        offender who is a stranger to the victim, or committed by an 
        offender who is known by, or related by blood or marriage to, 
        the victim, against a victim who has not attained the lesser 
        of--
                    ``(i) 18 years of age; or
                    ``(ii) except in the case of sexual abuse, the age 
                specified by the child protection law of the State in 
                which the child resides; and
            ``(B) the terms `domestic violence' and `sexual assault' 
        have the meaning given such terms in section 2003 of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796gg-2).''.
    (d) Spouses and Children of Asylum Applicants Under Adjustment 
Provisions.--
            (1) In general.--Section 209(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1159(b)(3)) is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following:
            ``(B) was the spouse of a refugee within the meaning of 
        section 101(a)(42)(A) at the time the asylum application was 
        granted and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee or whose child was battered 
        or subjected to extreme cruelty by such refugee (without the 
        active participation of such spouse in the battery or cruelty), 
        or
            ``(C) was the child of a refugee within the meaning of 
        section 101(a)(42)(A) at the time of the filing of the asylum 
        application and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee,''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act 
        and--
                    (A) section 209(b)(3)(B) of the Immigration and 
                Nationality Act, as added by paragraph (1)(B), shall 
                apply to spouses of refugees for whom an asylum 
                application is granted before, on, or after such date; 
                and
                    (B) section 209(b)(3)(C) of such Act, as so added, 
                shall apply with respect to the child of a refugee for 
                whom an asylum application is filed before, on, or 
                after such date.
    (e) Visa Waiver Entrants.--
            (1) In general.--Section 217(b)(2) of such Act (8 U.S.C. 
        1187(b)(2)) is amended by inserting after ``asylum,'' the 
        following: ``as a VAWA petitioner, or for relief under 
        subparagraph (T) or (U) of section 101(a)(15), under section 
        240A(b)(2), or under section 244(a)(3) (as in effect on March 
        31, 1997),''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to waivers provided under section 217(b)(2) of the 
        Immigration and Nationality Act before, on, or after such date 
        as if it had been included in such waivers.
    (f) Exception From Foreign Residence Requirement for Educational 
Visitors.--
            (1) In general.--Section 212(e) of such Act (8 U.S.C. 
        1182(e)) is amended, in the matter before the first proviso, by 
        inserting ``unless the alien is a VAWA petitioner or an 
        applicant for nonimmigrant status under subparagraph (T) or (U) 
        of section 101(a)(15)'' after ``for an aggregate of a least two 
        years following departure from the United States''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens regardless of whether the foreign 
        residence requirement under section 212(e) of the Immigration 
        and Nationality Act arises out of an admission or acquisition 
        of status under section 101(a)(15)(J) of such Act before, on, 
        or after the date of the enactment of this Act.

SEC. 917. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR 
              ADJUSTMENTS OF STATUS.

    (a) Application of Motions to Reopen for All VAWA Petitioners.--
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the 
REAL ID Act of 2005 (division B of Public Law 109-13), is amended--
            (1) in subclause (I), by striking ``under clause (iii) or 
        (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``as a VAWA petitioner''; and
            (2) in subclause (II), by inserting ``or adjustment of 
        status'' after ``cancellation of removal''.
    (b) Application of VAWA Deportation Protections for Transitional 
Relief to All VAWA Petitioners.--Section 1506(c)(2) of the Violence 
Against Women Act of 2000 (8 U.S.C. 1229a note) is amended--
            (1) in subparagraph (A)--
                    (A) by amending clause (i) to read as follows:
                            ``(i) if the basis of the motion is to 
                        apply for relief as a VAWA petitioner (as 
                        defined in section 101(a)(51) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(51)) or under section 244(a)(3) of such 
                        Act (8 U.S.C. 1254(a)(3)); and''; and
                    (B) in clause (ii), by inserting ``or adjustment of 
                status'' after ``suspension of deportation''; and
            (2) in subparagraph (B)(ii), by striking ``for relief'' and 
        all that follows through ``1101 note))'' and inserting ``for 
        relief described in subparagraph (A)(i)''.
    (c) Application of VAWA-Related Relief Under Section 202 of 
NACARA.--Section 202(d)(1) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100) is 
amended--
            (1) in subparagraph (B)(ii), by inserting ``, or was 
        eligible for adjustment,'' after ``whose status is adjusted''; 
        and
            (2) in subparagraph (E), by inserting after ``April 1, 
        2000'' the following: ``, or, in the case of an alien who 
        qualifies under subparagraph (B)(ii), applies for such 
        adjustment during the 18-month period beginning on the date of 
        enactment of the Violence Against Women Act of 2005'' .
    (d) Petitioning Rights of Certain Former Spouses Under Cuban 
Adjustment.--The first section of Public Law 89-732 (8 U.S.C. 1255 
note) is amended by adding at the end the following: ``An alien who was 
the spouse of any Cuban alien described in this section and has resided 
with such spouse shall continue to be treated as such a spouse for 2 
years after the date on which the Cuban alien dies (or, if later, 2 
years after the date of enactment of Violence Against Women Act of 
2005), or for 2 years after the date of termination of the marriage 
(or, if later, 2 years after the date of enactment of Violence Against 
Women Act of 2005) if the alien demonstrates a connection between the 
termination of the marriage and the battering or extreme cruelty by the 
Cuban alien.''.
    (e) Self-Petitioning Rights of HRIFA Applicants.--Section 
902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 
(division A of section 101(h) of Public Law 105-277; 112 Stat. 2681-
538; 8 U.S.C. 1255 note), as amended by section 1511(a) of VAWA-2000, 
is amended--
            (1) in clause (i), by striking ``whose status is adjusted 
        to that of an alien lawfully admitted for permanent residence'' 
        and inserting ``who is or was eligible for classification''; 
        and
            (2) in clause (ii), by striking ``whose status is adjusted 
        to that of an alien lawfully admitted for permanent residence'' 
        and inserting ``who is or was eligible for classification''.
    (f) Self-Petitioning Rights Under Section 203 of NACARA.--Section 
309 of the Illegal Immigration and Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note), as 
amended by section 203(a) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), is 
amended--
            (1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by 
        section 1510(b) of VAWA-2000--
                    (A) by striking ``or'' at the end of subitem (BB);
                    (B) by striking ``and'' at the end of subitem (CC) 
                and inserting ``or''; and
                    (C) by adding at the end the following new subitem:
                                            ``(DD) at the time at which 
                                        the spouse or child files an 
                                        application for suspension of 
                                        deportation or cancellation of 
                                        removal; and''; and
            (2) in subsection (g)--
                    (A) by inserting ``(1)'' before 
                ``Notwithstanding'';
                    (B) by inserting ``subject to paragraph (2),'' 
                after ``section 101(a) of the Immigration and 
                Nationality Act)),''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) There shall be no limitation on a motion to reopen removal or 
deportation proceedings in the case of an alien who is described in 
subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen 
removal or deportation proceedings in the case of such an alien shall 
be handled under the procedures that apply to aliens seeking relief 
under section 204(a)(1)(A)(iii) of the Immigration and Nationality 
Act.''.
    (g) Limitation on Petitioning for Abuser.--Section 204(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as amended by 
section 915(a)(3)(A), is amended by adding at the end the following new 
subparagraph:
    ``(L) Notwithstanding the previous provisions of this paragraph, an 
individual who was a VAWA petitioner or who had the status of a 
nonimmigrant under subparagraph (T) or (U) of section 101(a)(15) may 
not file a petition for classification under this section or section 
214 to classify any person who committed the battery or extreme cruelty 
or trafficking against the individual (or the individual's child) which 
established the individual's (or individual's child's) eligibility as a 
VAWA petitioner or for such nonimmigrant status.''.
    (h) Effective Date.--Except as otherwise provided in this section, 
the amendments made by this section shall take effect on the date of 
the enactment of this Act.

SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DERIVATIVES OF 
              TRAFFICKING VICTIMS.

    (a) In General.--Section 240A(b)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(4)) is amended--
            (1) in the heading, by striking ``Children of battered 
        aliens'' and inserting ``Battered aliens, children of battered 
        aliens, and derivative family members of trafficking 
        victims,'';
            (2) in subparagraph (A)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting a semicolon; and
                    (C) by adding at the end the following new clauses:
                            ``(iii) VAWA petitioner whose petition was 
                        approved based on having been battered or 
                        subjected to extreme cruelty by a United States 
                        citizen spouse, parent, or son or daughter and 
                        who is admissible and eligible for an immigrant 
                        visa;
                            ``(iv) VAWA petitioner whose petition was 
                        approved based on having been battered or 
                        subjected to extreme cruelty by a lawful 
                        permanent resident spouse or parent, who is 
                        admissible and would be eligible for an 
                        immigrant visa but for the fact that an 
                        immigrant visa is not immediately available to 
                        the alien, and who filed a petition for 
                        classification under section 204(a)(1)(B), if 
                        at least 3 years has elapsed since the 
                        petitioner's priority date; or
                            ``(v) an alien whom the Secretary of State 
                        determines would, but for an application or 
                        approval, meet the conditions for approval as a 
                        nonimmigrant described in section 
                        101(a)(15)(T)(ii).''; and
            (3) in subparagraph (B)--
                    (A) in the first sentence, by striking ``The grant 
                of parole'' and inserting ``(i) The grant of parole 
                under subparagraph (A)(i) or (A)(ii)'';
                    (B) in the second sentence, by striking ``covered 
                under this paragraph'' and inserting ``covered under 
                such subparagraphs'';
                    (C) in the last sentence, by inserting ``of 
                subparagraph (A)'' after ``clause (i) or (ii)''; and
                    (D) by adding at the end the following new clauses:
                    ``(ii) The grant of parole under subparagraph 
                (A)(iii) or (A)(iv) shall extend from the date of 
                approval of the applicable petition to the time the 
                application for adjustment of status filed by aliens 
                covered under such subparagraphs has been finally 
                adjudicated. Applications for adjustment of status 
                filed by aliens covered under such subparagraphs shall 
                be treated as if they were applications filed under 
                section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
                (B)(iii) for purposes of section 245 (a) and (c).
                    ``(iii) The grant of parole under subparagraph 
                (A)(v) shall extend from the date of the determination 
                of the Secretary of State described in such 
                subparagraph to the time the application for status 
                under section 101(a)(15)(T)(ii) has been finally 
                adjudicated. Failure by such an alien to exercise due 
                diligence in filing a visa petition on the alien's 
                behalf may result in revocation of parole.''.
    (b) Conforming Reference.--Section 212(d)(5) of such Act (8 U.S.C. 
1182(d)(5)) is amended by adding at the end the following new 
subparagraph:
    ``(C) Parole is provided for certain battered aliens, children of 
battered aliens, and parents of battered alien children under section 
240A(b)(4).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND 
              TRAFFICKING FROM SANCTIONS FOR FAILURE TO DEPART 
              VOLUNTARILY.

    (a) In General.--Section 240B(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229c(d)) is amended--
            (1) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The ineligibility for relief under paragraph (1) shall not 
apply to an alien who is a VAWA petitioner, who is seeking status as a 
nonimmigrant under subparagraph (T) or (U) of section 101(a)(15), or 
who is an applicant for relief under section 240A(b)(2) or under 
section 244(a)(3) (as in effect on March 31, 1997), if there is a 
connection between the failure to voluntarily depart and the battery or 
extreme cruelty, trafficking, or criminal activity, referred to in the 
respective provision.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply as if included in the enactment of the Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) 
and shall apply to failures to depart voluntarily occurring before, on, 
or after the date of the enactment of this Act.

SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF 
              DOMESTIC VIOLENCE.

    (a) In General.--Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1430(a)) is amended by inserting after ``extreme cruelty 
by a United States citizen spouse or parent'' the following: ``, 
regardless of whether the lawful permanent resident status was obtained 
on the basis of such battery or cruelty''.
    (b) Use of Credible Evidence.--Such section is further amended by 
adding at the end the following: ``The provisions of section 
204(a)(1)(J) shall apply in acting on an application under this 
subsection in the same manner as they apply in acting on petitions 
referred to in such section.''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications for naturalization filed before, on, or after the date of 
the enactment of this Act.

SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF ADMISSIBILITY OR 
              DEPORTABILITY BASED ON PROTECTED INFORMATION.

    (a) Application of Restrictions on Additional Departments.--Section 
384 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1367) is amended--
            (1) in subsection (a), as amended by section 1513(d) of 
        VAWA-2000--
                    (A) in the matter before paragraph (1), by striking 
                ``(including any bureau or agency of such Department)'' 
                and inserting ``, or the Secretary of Homeland 
                Security, the Secretary of State, the Secretary of 
                Health and Human Services, or the Secretary of Labor or 
                any other official or employee of the Department of 
                Homeland Security, the Department of State, the 
                Department of Health and Human Services, or the 
                Department of Labor (including any bureau or agency of 
                any such Department)''; and
                    (B) in paragraph (2), by striking ``of the 
                Department,'' and inserting ``of any such 
                Department,''; and
            (2) in subsection (b)--
                    (A) in paragraphs (1), by striking ``The Attorney 
                General may provide, in the Attorney General's 
                discretion'' and inserting ``The Attorney General, 
                Secretary of Homeland Security, Secretary of State, 
                Secretary of Health and Human Services, and Secretary 
                of Labor may provide, in each's discretion'';
                    (B) in paragraph (2), by striking ``The Attorney 
                General may provide in the discretion of the Attorney 
                General'' and inserting ``The Attorney General, 
                Secretary of Homeland Security, Secretary of State, 
                Secretary of Health and Human Services, and the 
                Secretary of Labor may provide, in each's discretion''; 
                and
                    (C) in paragraph (5), by striking ``is authorized 
                to disclose'' and inserting ``, Secretary of Homeland 
                Security, Secretary of State, Secretary of Health and 
                Human Services, and Secretary of Labor, or Attorney 
                General may disclose''.
    (b) Increasing Scope of Aliens and Information Protected.--
Subsection (a) of such section is amended--
            (1) in paragraph (1)--
                    (A) in the matter before subparagraph (A), by 
                striking ``furnished solely by'' and inserting 
                ``furnished by or derived from information provided 
                solely by'';
                    (B) by striking ``or'' at the end of subparagraph 
                (D);
                    (C) by adding ``or'' at the end of subparagraph 
                (E); and
                    (D) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) in the case of an alien applying for 
                continued presence as a victim of trafficking under 
                section 107(b)(1)(E)(i)(II)(bb) of the Trafficking 
                Protection Act of 2000 or status under section 
                101(a)(15)(T) of the Immigration and Nationality Act, 
                the trafficker or perpetrator,''; and
            (2) in paragraph (2)--
                    (A) by striking ``under clause (iii) or (iv) of 
                section 204(a)(1)(A), clause (ii) or (iii) of section 
                204(a)(1)(B)'' and inserting ``as a VAWA petitioner (as 
                defined in section 101(a)(51) of the Immigration and 
                Nationality Act), or under''; and
                    (B) by striking ``or section 244(a)(3) of such Act 
                as an alien (or the parent of a child) who has been 
                battered or subjected to extreme cruelty.'' and 
                inserting the following: ``, section 101(a)(15)(T), 
                section 214(c)(15), or section 240A(b)(2) of such Act, 
                or section 244(a)(3) of such Act (as in effect on March 
                31, 1997), or for continued presence as a victim of 
                trafficking under section 107(b)(1)(E)(i)(II)(bb) of 
                the Trafficking Protection Act of 2000, or any 
                derivative of the alien;''.
    (c) Providing for Congressional Review.--Subsection (b) of such 
section is amended by adding at the end the following new paragraph:
            ``(6) Subsection (a) shall not apply to prevent the 
        Attorney General and the Secretary of Homeland Security from 
        disclosing to the chairmen and ranking members of the Judiciary 
        Committees of the House of Representatives and of the Senate in 
        the exercise of Congressional oversight authority information 
        on closed cases under this section in a manner that protects 
        the confidentiality of such information and that omits 
        personally identifying information (including locational 
        information about individuals).''.
    (d) Application to Juvenile Special Immigrants.--Subsection (a) of 
such section, as amended by subsection (b)(2)(B), is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by adding ``or'' at the end of paragraph (2); and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) in the case of an alien described in section 
        101(a)(27)(J) of the Immigration and Nationality Act who has 
        been abused, neglected, or abandoned, contact the alleged 
        abuser (or family member of the alleged abuser) at any stage of 
        applying for special immigrant juvenile status, including after 
        a request for the consent of the Secretary of Homeland Security 
        under clause (iii)(I) of such section.''.
    (e) Improved Enforcement.--Subsection (c) of such section is 
amended by adding at the end the following: ``The Office of 
Professional Responsibility in the Department of Justice shall be 
responsible for carrying out enforcement under the previous 
sentence.''.
    (f) Certification of Compliance in Removal Proceedings.--
            (1) In general.--Section 239 of the Immigration and 
        Nationality Act (8 U.S.C. 1229) is amended by adding at the end 
        the following new subsection:
    ``(e) Certification of Compliance With Restrictions on 
Disclosure.--Removal proceedings shall not be initiated against an 
alien unless there is a certification of either of the following:
            ``(1) No enforcement action was taken leading to such 
        proceedings against the alien--
                    ``(A) at a domestic violence shelter, a victims 
                services organization or program (as described in 
                section 2003(8) of the Omnibus Crime Control and Safe 
                Streets Act of 1968), a rape crisis center, a family 
                justice center, or a supervised visitation center; or
                    ``(B) at a courthouse (or in connection with the 
                appearance of the alien at a courthouse) if the alien 
                is appearing in connection with a protection order 
                case, child custody case, or other civil or criminal 
                case relating to domestic violence, sexual assault, 
                trafficking, or stalking in which the alien has been 
                battered or subject to extreme cruelty or if the alien 
                is described in subparagraph (T) or (U) of section 
                101(a)(15).
            ``(2) Such an enforcement action was taken, but the 
        provisions of section 384(a)(1) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 have been 
        complied with.''.
            (2) Compliance.--Section 384(c) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (division C of 
        Public Law 104-208; 8 U.S.C. 1367(c)) is amended by inserting 
        ``or who knowingly makes a false certification under section 
        239(e) of the Immigration and Nationality Act'' after ``in 
        violation of this section''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
violations or disclosures made on or after such date.

SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT LEGAL RIGHTS AND 
              RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General and the Secretary of State, 
shall develop consistent and accurate materials, including an 
information pamphlet described in subsection (b), on legal rights and 
resources for immigrant victims of domestic violence for dissemination 
to applicants for K nonimmigrant visas. In preparing such materials, 
the Secretary shall consult with non-governmental organizations with 
expertise on the legal rights of immigrant victims of battery, extreme 
cruelty, sexual assault and other crimes.
    (b) Information Pamphlet.--The information pamphlet developed under 
subsection (a) shall include information on the following:
            (1) The K nonimmigrant visa application process and the 
        marriage-based immigration process, including conditional 
        residence and adjustment of status.
            (2) The illegality of domestic violence, sexual assault, 
        and child abuse in the United States and the dynamics of 
        domestic violence.
            (3) Domestic violence and sexual assault services in the 
        United States, including the National Domestic Violence Hotline 
        and the National Sexual Assault Hotline.
            (4) The legal rights of immigrant victims of abuse and 
        other crimes in immigration, criminal justice, family law, and 
        other matters.
            (5) The obligations of parents to provide child support for 
        children.
            (6) Marriage fraud under United States immigration laws and 
        the penalties for committing such fraud.
            (7) A warning concerning the potential use of K 
        nonimmigrant visas by individuals who have a history of 
        committing domestic violence, sexual assault, or child abuse.
    (c) Summaries.--The Secretary of Homeland Security, in consultation 
with the Attorney General and the Secretary of State, shall develop 
summaries of the pamphlet developed under subsection (a) that shall be 
used by consular officers when reviewing the pamphlet in interviews 
under section (e)(2).
    (d) Translation.--
            (1) In general.--In order to best serve the language groups 
        having the greatest concentration of K nonimmigrant visa 
        applicants, the information pamphlet under subsection (b) 
        shall, subject to paragraph (2), be translated by the Secretary 
        of State into the following languages: Russian, Spanish, 
        Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, 
        Japanese, French, Arabic, Portuguese, and Hindi.
            (2) Revision.--Every two years, the Secretary of Homeland 
        Security, in consultation with the Attorney General and the 
        Secretary of State, shall determine the specific languages into 
        which the information pamphlet is translated based on the 
        languages spoken by the greatest concentrations of K 
        nonimmigrant visa applicants.
    (e) Availability and Distribution.--The information pamphlet 
developed under subsection (a) shall be made available and distributed 
as follows:
            (1) Mailings to k nonimmigrant visa applicants.--
                    (A) The pamphlet shall be mailed by the Secretary 
                of State to each applicant for a K nonimmigrant visa at 
                the same time that the instruction packet regarding the 
                visa application process is mailed to such applicant. 
                The pamphlet so mailed shall be in the primary language 
                of the applicant, or in English if no translation into 
                the applicant's primary language is available.
                    (B) In addition, in the case of an applicant for a 
                nonimmigrant visa under section 101(a)(15)(K)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(K)(i)) the Secretary of Homeland Security 
                shall provide to the Secretary of State, for inclusion 
                in the mailing under subparagraph (A), a copy of the 
                petition submitted by the petitioner for such applicant 
                under section 214(d) of such Act (8 U.S.C. 1184(d)).
                    (C) The Secretary of Homeland Security shall 
                provide to the Secretary of State any criminal 
                background information the Secretary of Homeland 
                Security possesses with respect to a petitioner under 
                such section 214(d). The Secretary of State, in turn, 
                shall share any such criminal background information 
                that is in the public record with the nonimmigrant visa 
                applicant who is the beneficiary of the petition. The 
                visa applicant shall be informed that such criminal 
                background information is based on available records 
                and may not be complete. The Secretary of State also 
                shall provide for the disclosure of such criminal 
                background information to the visa applicant at the 
                consular interview in the primary language of the visa 
                applicant. Nothing in this subparagraph shall be 
                construed to authorize the Secretary of Homeland 
                Security to conduct any new or additional criminal 
                background check that is not otherwise conducted in the 
                course of adjudicating such petitions.
            (2) Consular interviews.--The pamphlet shall be distributed 
        directly to K nonimmigrant visa applicants at all consular 
        interviews for such visas. The consular officer conducting the 
        visa interview shall review the pamphlet and summary with the 
        applicant orally in the applicant's primary language, in 
        addition to distributing the pamphlet to the applicant in 
        English.
            (3) Consular access.--The pamphlet shall be made available 
        to the public at all consular posts. Summaries of the pamphlets 
        under subsection (c) shall be made available to foreign service 
        officers at all consular posts.
            (4) Posting on state department website.--The pamphlet 
        shall be posted on the website of the Department of State as 
        well as on the websites of all consular posts processing K 
        nonimmigrant visa applications.
    (f) K Nonimmigrant Defined.--For purposes of this section, the term 
``K nonimmigrant visa'' means a nonimmigrant visa under clause (i) or 
(ii) of section 101(a)(15)(K) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(K)).

SEC. 923. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to provide for 
adjudication of petitions and adjustment applications of VAWA 
petitioners (as defined in section 101(a)(51) of the Immigration and 
Nationality Act, as added by section 911(a)) and of aliens seeking 
status as nonimmigrants under subparagraph (T) or (U) of section 
101(a)(15) of such Act.

                  Subtitle C--Miscellaneous Provisions

SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY REQUIREMENT FOR 
              BATTERED ADOPTED CHILDREN.

    (a) In General.--Section 101(b)(1)(E)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting 
after ``at least two years'' the following: ``or if the child has been 
battered or subject to extreme cruelty by the adopting parent or by a 
family member of the adopting parent residing in the same household''.
    (b) Conforming Naturalization Amendment.--Section 320(a)(3) of such 
Act (8 U.S.C. 1431(a)(3)) is amended by inserting before the period at 
the end the following: ``or the child is residing in the United States 
pursuant to a lawful admission for permanent residence and has been 
battered or subject to extreme cruelty by the citizen parent or by a 
family member of the citizen parent residing in the same household ''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications pending or filed on or after such date.

SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY FOR VAWA 
              PETITIONERS.

    (a) Waiver of False Claim of U.S. Citizenship.--
            (1) In general.--Section 212(i)(1) of such Act (8 U.S.C. 
        1182(i)(1)) is amended by inserting ``(and, in the case of a 
        VAWA petitioner who demonstrates a connection between the false 
        claim of United States citizenship and the petitioner being 
        subjected to battery or extreme cruelty, clause (ii))'' after 
        ``clause (i)''.
            (2) Conforming reference.--Section 212(a)(6)(C)(iii) of 
        such Act (8 U.S.C. 1182(a)(6)(C)(iii)) is amended by striking 
        ``clause (i)'' and inserting ``clauses (i) and (ii)''.
    (b) Exemption From Public Charge Ground.--
            (1) In general.--Section 212(a)(4) of such Act (8 U.S.C. 
        1182(a)(4)) is amended by adding at the end the following new 
        subparagraph:
                    ``(E) Special rule for battered aliens.--
                Subparagraphs (A) through (C) shall not apply to an 
                alien who is a VAWA petitioner or is a qualified alien 
                described in section 431(c) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996.''.
            (2) Conforming amendment.--Section 212(a)(4)(C)(i) of such 
        Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows:
                            ``(i) the alien is described in 
                        subparagraph (E); or''.
    (c) Effective Date.--Except as provided in this section, the 
amendments made by this section shall take effect on the date of the 
enactment of this Act and shall apply regardless of whether the 
conviction was entered, crime, or disqualifying event occurred before, 
on, or after such date.

SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN 
              NONIMMIGRANTS.

    (a) In General.--Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by sections 403(a) and 404(a) of the 
REAL ID Act of 2005 (division B of Public Law 109-13), is amended by 
adding at the end the following new paragraph:
    ``(15) In the case of an alien spouse admitted under subparagraph 
(A), (E)(iii), (G), or (H) of section 101(a)(15) who is accompanying or 
following to join a principal alien admitted under subparagraph (A), 
(E)(iii), (G), or (H)(i) of such section, respectively, the Secretary 
of Homeland Security shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
`employment authorized' endorsement or other appropriate work permit if 
the alien spouse demonstrates that during the marriage the alien spouse 
or a child of the alien spouse has been battered or has been the 
subject to extreme cruelty perpetrated by the spouse of the alien 
spouse. Requests for relief under this paragraph shall be handled under 
the procedures that apply to aliens seeking relief under section 
204(a)(1)(A)(iii).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
aliens who obtained the status of an alien spouse before, on, or after 
such date.

SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDITIONAL PERMANENT 
              RESIDENCE FOR INTENDED SPOUSES.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``, or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) the alien meets the requirements under 
                section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the 
                marriage ceremony has been battered by or was subject 
                to extreme cruelty perpetrated by his or her intended 
                spouse and was not at fault in failing to meet the 
                requirements of paragraph (1).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply as if included in the enactment of VAWA-2000.

SEC. 935. CANCELLATION OF REMOVAL.

    (a) Clarifying Application of Domestic Violence Waiver Authority in 
Cancellation of Removal.--
            (1) In general.--Section 240A(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(b)) is amended--
                    (A) in paragraph (1)(C)--
                            (i) by inserting ``subject to paragraph 
                        (5),'' after ``(C)''; and
                            (ii) by striking ``(except in a case 
                        described in section 237(a)(7) where the 
                        Attorney General exercises discretion to grant 
                        a waiver)'';
                    (B) in paragraph (2)(A), by amending clause (iv) to 
                read as follows:
                            ``(iv) subject to paragraph (5), the alien 
                        is not inadmissible under paragraph (2) or (3) 
                        of section 212(a), is not removable under 
                        paragraph (2), (3)(D), or (4) of section 
                        237(a), and is not removable under section 
                        237(a)(1)(G) (except if there was a connection 
                        between the marriage fraud described in such 
                        section and the battery or extreme cruelty 
                        described in clause (i)); and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) Application of domestic violence waiver authority.--
        The provisions of section 237(a)(7) shall apply in the 
        application of paragraphs (1)(C) and (2)(A)(iv) (including 
        waiving grounds of deportability) in the same manner as they 
        apply under section 237(a). In addition, for purposes of such 
        paragraphs and in the case of an alien who has been battered or 
        subjected to extreme cruelty and if there was a connection 
        between the inadmissibility or deportability and such battery 
        or cruelty with respect to the activity involved, the Attorney 
        General may waive, in the sole unreviewable discretion of the 
        Attorney General, any other ground of inadmissibility or 
        deportability for which a waiver is authorized under section 
        212(h), 212(d)(13), 212(d)(14), or 237(a)(2)(A)(v), and the 
        exception described in section 204(a)(1)(C) shall apply.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply as if included in the enactment of section 1504(a) 
        of VAWA-2000.
    (b) Clarifying Nonapplication of Cancellation Cap.--
            (1) In general.--Section 240A(e)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(e)(3)) is amended by adding at 
        the end the following new subparagraph:
                    ``(C) Aliens with respect to their cancellation of 
                removal under subsection (b)(2).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to cancellations of removal occurring on or after 
        October 1, 2004.

SEC. 936. MOTIONS TO REOPEN.

    (a) Removal Proceedings.--
            (1) In general.--Section 240(c)(7) of the Immigration and 
        Nationality Act (8 U.S.C. 1230(c)(7)), as redesignated by 
        section 101(d)(1) of the REAL ID Act of 2005 (division B of 
        Public Law 109-13), is amended--
                    (A) in subparagraph (A), by inserting ``, except 
                that this limitation shall not apply so as to prevent 
                the filing of one motion to reopen described in 
                subparagraph (C)(iv)'' before the period at the end; 
                and
                    (B) in subparagraph (C)--
                            (i) in the heading of clause (iv), by 
                        striking ``spouses and children'' and inserting 
                        ``spouses, children, and parents'';
                            (ii) in the matter before subclause (I) of 
                        clause (iv), by striking ``The deadline 
                        specified in subsection (b)(5)(C) for filing a 
                        motion to reopen does not apply'' and inserting 
                        ``Any limitation under this section on the 
                        deadlines for filing such motions shall not 
                        apply'';
                            (iii) in clause (iv)(I), by inserting ``or 
                        section 244(a)(3) (as in effect on March 31, 
                        1997)'' after ``section 240A(b)(2)'';
                            (iv) by striking ``and'' at the end of 
                        clause (iv)(II);
                            (v) by striking the period at the end of 
                        clause (iv)(III) and inserting ``; and''; and
                            (vi) by adding at the end the following:
                                    ``(IV) if the alien is physically 
                                present in the United States at the 
                                time of filing the motion.
                        The filing of a motion to reopen under this 
                        clause shall stay the removal of the alien 
                        pending final disposition of the motion 
                        including exhaustion of all appeals if the 
                        motion establishes a prima facie case for the 
                        relief applied for.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (b) Deportation and Exclusion Proceedings.--
            (1) In general.--Section 1506(c)(2) of VAWA-2000 is 
        amended--
                    (A) in the matter before clause (i) of subparagraph 
                (A), by striking ``Notwithstanding any limitation 
                imposed by law on motions to reopen or rescind 
                deportation'' inserting ``Notwithstanding any 
                limitation on the number of motions, or the deadlines 
                for filing motions (including the deadline specified in 
                section 242B(c)(3) of the Immigration and Nationality 
                Act before the title III-A effective date), to reopen 
                or rescind deportation or exclusion'';
                    (B) in the matter before clause (i) of subparagraph 
                (A), by striking ``there is no time limit on the filing 
                of a motion'' and all that follows through ``does not 
                apply'' and inserting ``such limitations shall not 
                apply to the filing of a single motion under this 
                subparagraph to reopen such proceedings'';
                    (C) by adding at the end of subparagraph (A) the 
                following:
                ``The filing of a motion under this subparagraph shall 
                stay the removal of the alien pending a final 
                disposition of the motion including the exhaustion of 
                all appeals if the motion establishes a prima facie 
                case for the relief applied for.'';
                    (D) in subparagraph (B), by inserting ``who are 
                physically present in the United States and'' after 
                ``filed by aliens''; and
                    (E) in subparagraph (B)(i), by inserting ``or 
                exclusion'' after ``deportation''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.

SEC. 937. REMOVAL PROCEEDINGS.

    (a) Treatment of Battery or Extreme Cruelty as Exceptional 
Circumstances.--Section 240(e)(1) of such Act (8 U.S.C. 1230(e)(1)) is 
amended by inserting ``battery or extreme cruelty of the alien or any 
child or parent of the alien or'' after ``exceptional circumstances 
(such as''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
a failure to appear that occurs before, on, or after such date.

SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPORTATION PARALLEL TO 
              THE RELIEF AVAILABLE IN VAWA-2000 CANCELLATION FOR 
              BIGAMY.

     Section 244(a)(3) of the Immigration and Nationality Act (as in 
effect before the title III-A effective date in section 309 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) 
shall be applied as if ``or by a United States citizen or lawful 
permanent resident whom the alien intended to marry, but whose marriage 
is not legitimate because of that United States citizen's or permanent 
resident's bigamy'' were inserted after ``by a spouse or parent who is 
a United States citizen or lawful permanent resident''.

SEC. 939. CORRECTION OF CROSS-REFERENCE TO CREDIBLE EVIDENCE 
              PROVISIONS.

    (a) Cuban Adjustment Provision.--The last sentence of the first 
section of Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note), as 
amended by section 1509(a) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (b) NACARA.--Section 202(d)(3) of the Nicaraguan Adjustment and 
Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), 
as amended by section 1510(a)(2) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (c) IIARAIRA.--Section 309(c)(5)(C)(iii) of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 1996 (division C of 
Public Law 104-208; 8 U.S.C. 1101 note), as amended by section 
1510(b)(2) of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and 
inserting ``204(a)(1)(J)''.
    (d) HRIFA.--Section 902(d)(1)(B)(iii) of the Haitian Refugee 
Immigration Fairness Act of 1998 (division A of section 101(h) of 
Public Law 105-277; 112 Stat. 2681-538), as amended by section 1511(a) 
of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and inserting 
``204(a)(1)(J)''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of VAWA-2000.

SEC. 940. TECHNICAL CORRECTIONS.

    (a) Technical Corrections to References in Application of Special 
Physical Presence and Good Moral Character Rules.--
            (1) Physical presence rules.--Section 240A(b)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is 
        amended--
                    (A) in the first sentence, by striking 
                ``(A)(i)(II)'' and inserting ``(A)(ii)''; and
                    (B) in the fourth sentence, by striking ``section 
                240A(b)(2)(B)'' and inserting ``this subparagraph, 
                subparagraph (A)(ii),''.
            (2) Moral character rules.--Section 240A(b)(2)(C) of such 
        Act (8 U.S.C. 1229b(b)(2)(C)) is amended by striking 
        ``(A)(i)(III)'' and inserting ``(A)(iii)''.
            (3) Effective date.--The amendments made by this subsection 
        shall be effective as if included in the enactment of section 
        1504(a) of VAWA (114 Stat. 1522).
    (b) Correction of Cross-Reference Error in Applying Good Moral 
Character.--
            (1) In general.--Section 101(f)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking 
        ``(9)(A)'' and inserting ``(10)(A)''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective as if included in the enactment of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (Public Law 104-208).
    (c) Punctuation Correction.--Effective as if included in the 
enactment of section 5(c)(2) of VAWA-2000, section 237(a)(1)(H)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)(ii)) is 
amended by striking the period at the end and inserting ``; or''.
    (d) Correction of Designation and Indentation.--The last sentence 
of section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA-2000, is 
amended--
            (1) by striking ``section 212(a)(9)(C)(i)'' and inserting 
        ``clause (i)'';
            (2) by redesignating paragraphs (1) and (2), and 
        subparagraphs (A) through (D) of paragraph (2), as subclauses 
        (I) and (II), and items (aa) through (dd) of subclause (II), 
        respectively; and
            (3) by moving the margins of each of such paragraphs and 
        subparagraphs 6 ems to the right.
    (e) Additional Technical Corrections.--(1) Section 
237(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1227(a)(7)(A)(i)(I)) is 
amended by striking ``is self-defense'' and inserting ``in self-
defense''.
    (2) Section 245(l)(2)(B) of such Act (8 U.S.C. 1255(l)(2)(B)) is 
amended by striking ``(10(E))'' and inserting ``(10)(E))''.

                    TITLE X--SAFETY ON TRIBAL LANDS

SEC. 1001. PURPOSES.

    The purposes of this title are--
            (1) to decrease the incidence of domestic violence, dating 
        violence, sexual assault, and stalking on Tribal lands;
            (2) to strengthen the capacity of Indian tribes to exercise 
        their sovereign authority to respond to domestic violence, 
        dating violence, sexual assault, and stalking on Tribal lands 
        under their jurisdiction; and
            (3) to ensure that perpetrators of domestic violence, 
        dating violence, sexual assault, and stalking on Tribal lands 
        are held accountable for their criminal behavior.

SEC. 1002. CONSULTATION.

    (a) In General.--The Secretary of the Interior and the Attorney 
General shall each conduct annual consultations with Indian tribal 
governments concerning the Federal administration of tribal funds and 
programs established under the Violence Against Women Act of 1994 
(title IV of Public Law 103-322) and the Violence Against Women Act of 
2000 (division B of Public Law 106-386), including consultation 
concerning--
            (1) the timeliness of the Federal grant application and 
        award processes;
            (2) the amounts awarded under each program directly to 
        tribal governments, tribal organizations, and tribal nonprofit 
        organizations;
            (3) determinations not to award grant funds;
            (4) grant awards made in violation of the eligibility 
        guidelines to a nontribal entity; and
            (5) training, technical assistance, and data collection 
        grants for tribal grant programs or programs addressing the 
        safety of Indian women.
    (b) Recommendations.--During consultations under subsection (a), 
the Secretary and the Attorney General shall solicit recommendations 
from Indian tribes concerning--
            (1) administering tribal funds and programs;
            (2) enhancing the safety of Indian women from domestic 
        violence, dating violence, sexual assault, and stalking; and
            (3) strengthening the Federal response to such violent 
        crimes.

SEC. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON TRIBAL LANDS.

    (a) National Baseline Study.--The Attorney General, acting through 
the Director of the Office on Violence Against Women, shall conduct a 
national baseline study to examine violence against Indian women.
    (b) Scope.--
            (1) In general.--The study shall examine violence committed 
        against Indian women, including--
                    (A) domestic violence;
                    (B) dating violence;
                    (C) sexual assault;
                    (D) stalking; and
                    (E) murder.
            (2) Evaluation.--The study shall evaluate the effectiveness 
        of Federal, State, tribal, and local responses to the 
        violations described in paragraph (1) committed against Indian 
        women.
    (c) Task Force.--
            (1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, shall 
        establish a task force to assist in the development and 
        implementation of the study under subsection (a).
            (2) Members.--The Director shall appoint to the task force 
        representatives from--
                    (A) national tribal domestic violence and sexual 
                assault nonprofit organizations;
                    (B) tribal governments; and
                    (C) the National Congress of American Indians.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit to Congress a report that 
describes the findings made in the study.
    (e) Authorization of appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2006 and 2007, to remain available until expended.

SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS.

    (a) Access to Federal Criminal Information Databases.--Section 534 
of title 28, United States Code, is amended--
            (1) by redesignating subsections (d) and (e) as subsection 
        (e) and (f); and
            (2) by inserting after subsection (c) the following:
    ``(d) Indian Law Enforcement Agencies.--The Attorney General shall 
permit Indian law enforcement agencies, in cases of domestic violence, 
dating violence, sexual assault, and stalking, to enter information 
into Federal criminal information databases and to obtain information 
from the databases, including information relating to--
            ``(1) identification records;
            ``(2) criminal history records;
            ``(3) protection orders; and
            ``(4) wanted person records.''.
    (b) Tribal Registry.--
            (1) Establishment.--The Attorney General shall contract 
        with any interested Indian tribe, tribal organization, or 
        tribal nonprofit organization to develop and maintain--
                    (A) a national tribal sex offender registry; and
                    (B) a tribal protection order registry containing 
                civil and criminal orders of protection issued by 
                Indian tribes and participating jurisdictions.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2006 through 2010, to remain available 
        until expended.

SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE AGAINST WOMEN.

    Part T of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended by adding after section 2015 (as added by section 604 of this 
Act) the following:

``SEC. 2016. TRIBAL DIVISION.

    ``(a) In General.--The Director of the Office on Violence Against 
Women shall designate one or more employees, each of whom shall have 
demonstrated expertise in tribal law and practice regarding domestic 
violence, dating violence, sexual assault, and stalking against members 
of Indian tribes, to be responsible for--
            ``(1) overseeing and managing the administration of grants 
        to and contracts with Indian tribes, tribal courts, tribal 
        organizations, tribal nonprofit organizations and the 
        territories;
            ``(2) ensuring that, if a grant or a contract pursuant to 
        such a grant is made to an organization to perform services 
        that benefit more than one Indian tribe, the approval of each 
        Indian tribe to be benefited shall be a prerequisite to the 
        making of the grant or letting of the contract;
            ``(3) assisting in the development of Federal policy, 
        protocols, and guidelines on matters relating to domestic 
        violence, dating violence, sexual assault, and stalking against 
        members of Indian tribes;
            ``(4) advising the Director of the Office on Violence 
        Against Women concerning policies, legislation, implementation 
        of laws, and other issues relating to domestic violence, dating 
        violence, sexual assault, and stalking against members of 
        Indian tribes;
            ``(5) representing the Office on Violence Against Women in 
        the annual consultations under section 1002 of the Violence 
        Against Women Reauthorization Act of 2005;
            ``(6) providing assistance to the Department of Justice to 
        develop policy and to enforce Federal law relating to domestic 
        violence, dating violence, sexual assault, and stalking against 
        members of Indian tribes;
            ``(7) maintaining a liaison with the judicial branches of 
        Federal, State and tribal governments on matters relating to 
        domestic violence, dating violence, sexual assault, and 
        stalking against members of Indian tribes; and
            ``(8) ensuring that adequate tribal training, technical 
        assistance, and data collection is made available to Indian 
        tribes, tribal courts, tribal organizations, and tribal 
        nonprofit organizations for all programs relating to domestic 
        violence, dating violence, sexual assault, and stalking against 
        members of Indian tribes.
    ``(b) Authority.--
            ``(1) In general.--The Director shall ensure that a portion 
        of the tribal set-aside funds from any grant awarded under the 
        Violence Against Women Act of 1994 (title IV of Public Law 103-
        322) or the Violence Against Women Act of 2000 (division B of 
        Public Law 106-386) is used to enhance the capacity of Indian 
        tribes to address the safety of members of Indian tribes.
            ``(2) Accountability.--The Director shall ensure that some 
        portion of the tribal set-aside funds from any grant made under 
        this part is used to hold offenders accountable through--
                    ``(A) enhancement to the response of Indian tribes 
                to crimes of domestic violence, dating violence, sexual 
                assault, and stalking against Indian women, including 
                legal services for victims and Indian-specific offender 
                programs;
                    ``(B) development and maintenance of tribal 
                domestic violence shelters or programs for battered 
                members of Indian tribes, including sexual assault 
                services, that are based upon the unique circumstances 
                of the members of Indian tribes to be served;
                    ``(C) development of tribal educational awareness 
                programs and materials;
                    ``(D) support for customary tribal activities to 
                strengthen the intolerance of an Indian tribe to 
                violence against memberes of Indian tribes; and
                    ``(E) development, implementation, and maintenance 
                of tribal electronic databases for tribal protection 
                order registries.

``SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--Of the amounts set aside for Indian 
        tribes and tribal organizations in a program referred to in 
        paragraph (2), the Attorney General, through the Director of 
        the Office of Violence Against Women (referred to in this 
        section as the ``Director''), shall take such setasides and 
        combine them to establish the Safety for Indian Women Formula 
        Grants Program, a single formula grant program to enhance the 
        response of Indian tribal governments to address domestic 
        violence, sexual assault, dating violence, and stalking. Grants 
        made under this program shall be administered by the Tribal 
        Division of the Office on Violence Against Women.
            ``(2) Programs covered.--The programs covered by paragraph 
        (1) are the programs carried out under the following 
        provisions:
                    ``(A) Section 2007 (42 U.S.C. 3796gg-1), Grants to 
                Combat Violent Crimes Against Women.
                    ``(B) Section 2101 (42 U.S.C. 3796hh), Grants to 
                Encourage Arrest Policies.
                    ``(C) Section 1201 of the Violence Against Women 
                Act of 2000 (42 U.S.C. 3796gg-6), Legal Assistance for 
                Victims.
                    ``(D) Section 1301 of the Violence Against Women 
                Act of 2000 (42 U.S.C. 10420), Safe Havens for Children 
                Pilot Program.
                    ``(E) Section 40295 of the Violence Against Women 
                Act of 1994 (42 U.S.C. 13971), Rural Domestic Violence 
                and Child Abuser Enforcement Assistance.
                    ``(F) Section 41002 of the Violence Against Women 
                Act of 1994, Grants for Court Training and 
                Improvements.
                    ``(G) Section 2014(b), Sexual Assault Services 
                Program, Grants to States, Territories and Indian 
                Tribes.
                    ``(H) Title VII, section 41201, Grants for Training 
                and Collaboration on the Intersection Between Domestic 
                Violence and Child Maltreatment. Section 41202, 
                Services to Advocate For and Respond to Teens.
                    ``(I) Section 704, Grants to Combat Domestic 
                Violence, Dating Violence, Sexual Assault, and Stalking 
                In Middle And High Schools.
    ``(b) Purpose of Program and Grants.--
            ``(1) General program purpose.--The purpose of the program 
        required by this section is to assist Indian tribal governments 
        to develop and enhance effective governmental strategies to 
        curtail violent crimes against and increase the safety of 
        members of Indian tribes consistent with tribal law and custom, 
        specifically the following:
                    ``(A) To increase tribal capacity to respond to 
                domestic violence, dating violence, sexual assault, and 
                stalking crimes against members of Indian tribes.
                    ``(B) To strengthen tribal justice interventions 
                including tribal law enforcement, prosecution, courts, 
                probation, correctional facilities; and enhance 
                services to members of Indian tribes victimized by 
                domestic violence, dating violence, sexual assault, and 
                stalking.
            ``(2) Purposes for which grants may be used.--The Director 
        may make grants to Indian tribes for the purpose of enhancing 
        participating tribes' capacity to address the safety of members 
        of Indian tribes. Each participating tribe shall exercise its 
        right of self-determination and self-governance in allocating 
        and using funds made available under the program. Each 
        participating tribe may use funds under the program to support 
        its specific tribally based response to increasing the safety 
        of members of Indian tribes. Grants under the program shall 
        support the governmental efforts identified by the Indian tribe 
        required according to its distinctive ways of life to increase 
        the safety of members of Indian tribes from crimes of sexual 
        assault, domestic violence, dating violence, stalking, 
        kidnapping, and murder.
    ``(c) Disbursement.--Not later than 120 days after the receipt of 
an application under this section, the Attorney General, through the 
Director, shall--
            ``(1) disburse the appropriate sums provided for under this 
        section; or
            ``(2) inform the Indian tribe why the application does not 
        conform to the terms of the application requirements.
    ``(d) Required Procedures.--
            ``(1) Deadline to provide notice.--No later than 60 days 
        after receiving an appropriation of funds supporting the 
        program required by this section, Director shall--
                    ``(A) publish in the Federal Register notification 
                of--
                            ``(i) the availability of those funds to 
                        Indian tribes;
                            ``(ii) the total amount of funds available; 
                        and
                            ``(iii) the process by which tribes may 
                        participate in the program; and
                    ``(B) mail each Indian tribe a notification of the 
                matters required by subparagraph (A), together with 
                instructions on the process, copies of application 
                forms, and a notification of the deadline for 
                submission of an application.
            ``(2) Deadline to make funds available.--No later than 180 
        days after receiving an appropriation referred to in paragraph 
        (1), the Director shall distribute and make accessible those 
        funds to Indian tribes opting to participate in the program.
            ``(3) Formula.--The Director shall distribute those funds 
        according to the following formula:
                    ``(A) 60 percent of the available funds shall be 
                allocated equally to all Indian tribes who exercise the 
                option to access the funds.
                    ``(B) The remaining 40 percent shall be allocated 
                to the same Indian tribes on a per capita basis, 
                according to the population residing in the respective 
                Indian tribe's service area.
            ``(4) Set-aside.--No later than 120 days after receiving an 
        appropriation referred to in paragraph (1), the Director shall 
        set aside not less than 5 percent and up to 7 percent of the 
        total amount of those funds for the purpose of entering into a 
        cooperative agreement or contract with one or more tribal 
        organizations with demonstrated expertise in providing training 
        and technical assistance to Indian tribes in addressing 
        domestic violence, dating violence, sexual assault, and 
        stalking against members of Indian tribes, tribal law, and 
        customary pratices. At least one of the cooperative agreements 
        or contracts shall be entered into with a single tribal 
        organization to provide comprehensive technical assistance to 
        participating tribal governments. Such training and technical 
        assistance shall be specifically designed to address the unique 
        legal unique legal status, distinct cultural ways of life, and 
        geographic circumstances of the Indian tribes receiving funds 
        under the program.
    ``(e) Recipient Requirements.--
            ``(1) In general.--Indian tribes may receive funds under 
        the program required by this section as individual tribes or as 
        a consortium of tribes.
            ``(2) Subgrants and other arrangements.--Participating 
        tribes may make subgrants or enter into contracts or 
        cooperative agreements with the funds under the program to 
        enhance the safety of, and end domestic violence, dating 
        violence, sexual assault, and stalking against, members of 
        Indian tribes.
            ``(3) Set aside.--Participating tribes must set aside no 
        less than 50 percent of their total allocation under this 
        section for tribally specific domestic violence, dating 
        violence, sexual assault, or stalking victim services and 
        advocacy for members of Indian tribes. The services supported 
        with funds under the program must be designed to address the 
        unique circumstances of the individuals to be served, including 
        the customary practices and linguistic needs of the individuals 
        within the tribal community to be served. Tribes shall give 
        preference to tribal organizations or tribal nonprofit 
        organizations providing advocacy services to members of Indian 
        tribes within the community to be served such as a safety 
        center or shelter program for members of Indian tribes. In the 
        case where the above organizations do not exist within the 
        participating tribe, the participation and support from members 
        of Indian tribes in the community to be served is sufficient to 
        meet this requirement.
    ``(f) Administration Requirements.--
            ``(1) Application.--To reduce the administrative burden for 
        Indian tribes, the Director shall prepare an expedited 
        application process for Indian tribes participating in the 
        program required by this section. The expedited process shall 
        facilitate participating tribes' submission of information--
                    ``(A) outlining project activities;
                    ``(B) describing how the project activities will 
                enhance the Indian tribe's response to domestic 
                violence, dating violence, sexual assault, and stalking 
                against members of Indian tribes; and
                    ``(C) identifying the tribal partner providing 
                advocacy and related services for members of Indian 
                tribes who are victims of crimes of domestic violence, 
                dating violence, sexual assault, and stalking.
            ``(2) Reporting and evaluation.--The Director shall 
        alleviate administrative burdens upon participating Indian 
        tribes by--
                    ``(A) developing a reporting and evaluation process 
                relevant to the distinct governance of Indian tribes;
                    ``(B) requiring only essential data to be 
                collected; and
                    ``(C) limiting reporting to an annual basis.
            ``(3) Grant period.--The Director shall award grants for a 
        two-year period, with a possible extension of another two years 
        to implement projects under the grant.
    ``(g) Presumption That Matching Funds not Required.--
            ``(1) In general.--Given the unique political relationship 
        between the United States and Indian tribes differentiates 
        tribes from other entities that deal with or are affected by, 
        the Federal Government, the Director shall not require an 
        Indian tribe to match funds under this section, except as 
        provided in paragraph (2).
            ``(2) Exception.--If the Director determines that an Indian 
        tribe has adequate resources to comply with a matching 
        requirement that would otherwise apply but for the operation of 
        paragraph (1), the Director may waive the operation of 
        paragraph (1) for that tribe.
    ``(h) Evaluation.--The Director shall award a contract or 
cooperative agreement to evaluate programs under this section to an 
entity with the demonstrated expertise in domestic violence, dating 
violence, sexual assault, and stalking and knowledge and experience 
in--
            ``(1) the development and delivery of services to members 
        of Indian tribes who are victimized;
            ``(2) the development and implementation of tribal 
        governmental responses to such crimes; and
            ``(3) the traditional and customary practices of Indian 
        tribes to such crimes.''.

SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF PROSECUTION OF SEXUAL 
              ASSAULT AND DOMESTIC VIOLENCE ON TRIBAL LANDS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this section, the Comptroller General of the United States shall 
submit to the Congress a report on the prosecution of sexual assault 
and domestic violence committed against adult American Indians and 
Alaska Natives.
    (b) Contents of Report.--The report required by subsection (a) 
shall include the following:
            (1) An assessment of the effectiveness of prosecution of 
        such cases by the United States district attorneys of such 
        cases.
            (2) For each district containing Indian country, a summary 
        of the number of sexual assault and domestic violence related 
        cases within Federal criminal jurisdiction and charged 
        according to the following provisions of title 18, United 
        States Code: Sections 1153, 1152, 113, 2261(a)(1)(2), 2261A(1), 
        2261A(2), and 922(g)(8).
            (3) A summary of the number of--
                    (A) reports received;
                    (B) investigations conducted;
                    (C) declinations and basis for declination;
                    (D) prosecutions, including original charge and 
                final disposition;
                    (E) sentences imposed upon conviction; and
                    (F) male victims, female victims, Indian 
                defendants, and non-Indian defendants.
            (4) The priority assigned by the district to the 
        prosecution of such cases and the percentage of such cases 
        prosecuted to total cases prosecuted.
            (5) Any recommendations by the Comptroller General for 
        improved Federal prosecution of such cases.
    (c) Years Covered.--The report required by this section shall cover 
the years 2000 through 2005.
                                                 Union Calendar No. 129

109th CONGRESS

  1st Session

                               H. R. 3402

                          [Report No. 109-233]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for the Department of Justice for fiscal 
            years 2006 through 2009, and for other purposes.

_______________________________________________________________________

                           September 22, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed