[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3693 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 3693
_______________________________________________________________________
AN ACT
To make technical corrections to the Violence Against Women and
Department of Justice Reauthorization Act of 2005.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. UNIVERSAL GRANT CONDITIONS AND DEFINITIONS OF THE VIOLENCE
AGAINST WOMEN ACT OF 2005.
(a) Short Title.--Section 1 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 is amended by--
(1) inserting ``(a) In General'' before ``This''; and
(2) adding at the end the following:
``(b) Separate Short Titles.--Section 3 and titles I through IX of
this Act may be cited as the `Violence Against Women Reauthorization
Act of 2005'. Title XI of this Act may be cited as the `Department of
Justice Appropriations Authorization Act of 2005'.''.
(b) Clarify Effective Dates.--The Violence Against Women Act and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162)
is amended by adding after section 3 the following new section:
``SEC. 4. EFFECTIVE DATE OF SPECIFIC SECTIONS.
``Notwithstanding any other provision of this Act or any other law,
sections 101, 102 (except the amendment to section 2101(d) of the
Omnibus Crime Control and Safe Streets Act of 1968 included in that
section), 103, 121, 203, 204, 205, 304, 306, 602, 906, and 907 of this
Act shall not take effect until the beginning of fiscal year 2007.''.
(c) Ensure Comprehensive Definitional Section.--
(1) Crimes on campuses.--Section 304 of the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) is amended by adding at the end the
following:
``(g) Definitions and Grant Conditions.--In this section the
definitions and grant conditions in section 40002 of the Violence
Against Women Act of 1994 shall apply.''.
(2) Outreach to underserved populations.--Section 120 of
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) is amended by
adding at the end the following:
``(i) Definitions and Grant Conditions.--In this section the
definitions and grant conditions in section 40002 of the Violence
Against Women Act of 1994 shall apply.''.
(3) Cultural services.--Section 121 of the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) is amended by adding at the end the
following:
``(h) Definitions and Grant Conditions.--In this section the
definitions and grant conditions in section 40002 of the Violence
Against Women Act of 1994 shall apply.''.
(d) Correct Definition of Sexual Assault.--Section 40002(a)(23) of
the Violence Against Women Act of 1994, as added by section 3 of the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162), is amended by striking ``prescribed'' and
inserting ``proscribed''.
(e) Tribal Definitions.--Section 40002(a) of the Violence Against
Women Act of 1994, as added by section 3 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public Law 109-
162), is amended--
(1) in paragraph (1), by striking ``Alaskan'' and inserting
``Alaska Native'';
(2) by redesignating paragraphs (31) through (36) as
paragraphs (32) through (37), respectively; and
(3) by adding after paragraph (30) the following:
``(31) Tribal nonprofit organization.--The term `tribal
nonprofit organization' means--
``(A) a victim services provider that has as its
primary purpose to assist Native victims of domestic
violence, dating violence, sexual assault, or stalking;
and
``(B) staff and leadership of the organization must
include persons with a demonstrated history of
assisting American Indian or Alaska Native victims of
domestic violence, dating violence, sexual assault, or
stalking.''.
(f) Clarify Matching Provision in the Universal Grant Condition.--
Section 40002(b) of the Violence Against Women Act of 1994, as added by
section 3 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162), is amended by
striking paragraph (1) and inserting the following:
``(1) Match.--No matching funds shall be required for any
grant or subgrant made under this Act for--
``(A) any tribe, territory, or victim service
provider; or
``(B) any other entity, including a State, that--
``(i) petitions for a waiver of any match
condition imposed by the Attorney General or
the Secretaries of Health and Human Services or
Housing and Urban Development; and
``(ii) whose petition for waiver is
determined by the Attorney General or the
Secretaries of Health and Human Services or
Housing and Urban Development to have
adequately demonstrated the financial need of
the petitioning entity.''.
SEC. 2. TITLE I-LAW ENFORCEMENT TOOLS.
(a) Duplicate Provision.--Title I of the Violence Against Women Act
of 2005 (Public Law 109-162) is amended by striking section 108.
(b) Authorization Period.--Section 1167 of the Violence Against
Women Act of 2005 is amended by striking ``2006 through 2010'' and
inserting ``2007 through 2011''.
(c) Definition of Spouse of Intimate Partner.--Section 2266(7)(A)
of title 18, United States Code, is amended by striking clause (ii) and
inserting the following:
``(ii) section 2261A--
``(I) a spouse or former spouse of
the target of the stalking, a person
who shares a child in common with the
target of the stalking, and a person
who cohabits or has cohabited as a
spouse with the target of the stalking;
or
``(II) a person who is or has been
in a social relationship of a romantic
or intimate nature with the target of
the stalking, as determined by the
length of the relationship, the type of
the relationship, and the frequency of
interaction between the persons
involved in the relationship.''.
(d) Strike Repeated Sections.--The Violence Against Women and
Department of Justice Reauthorization Act of 2005 is amended by
striking sections 1134 and 1135.
(e) Conditions on Technical Assistance.--Section 40002(b)(11) of
the Violence Against Women Act of 1994 is amended by inserting before
``If there'' the following: ``Of the total amounts appropriated under
this title, not less than 3 percent and up to 8 percent, unless
otherwise noted, shall be available for providing training and
technical assistance relating to the purposes of this title to improve
the capacity of the grantees, subgrantees, and other entities.''.
(f) Remove the Technical Assistance Provision in STOP and Grants To
Encourage Arrest.--The Omnibus Crime Control and Safe Streets Act of
1968 is amended--
(1) in section 2007, by striking subsection (i), as added
by section 101 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005; and
(2) by striking section 2106, as added by section 102 of
the Violence Against Women and Department of Justice
Reauthorization Act of 2005.
(g) Correct STOP Grant Allocation.--Section 2007 (b)(2) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
1), as amended by section 101 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005, is amended by
striking ``and the coalitions for combined Territories of the United
States'' and inserting ``the coalition for Guam, the coalition for
American Samoa, the coalition for the United States Virgin Islands, and
the coalition for the Commonwealth of the Northern Mariana Islands.''.
(h) Underserved Populations Report.--Section 120(g) of the Violence
Against Women and Department of Justice Reauthorization Act of 2005 is
amended by striking ``, every 18 months,''.
(i) Correct Definition of Dating Partner.--Section 2266(10) of
title 18, United States Code, as amended by section 116 of the Violence
Against Women and Department of Justice Reauthorization Act of 2005, is
further amended by striking ``and the existence of such a
relationship'' and inserting ``. The existence of such a relationship
is''.
(j) Alter Compliance Time for Forensic Exam Certification.--Section
2010(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-4(d)) as added by section 101 of the Violence Against
Women and Department of Justice Reauthorization Act of 2005, is amended
by--
(1) striking ``Nothing'' and inserting ``(1) In general.--
''; and
(2) inserting at the end the following:
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 to come into compliance
with this subsection.''.
(k) Correct Underserved Populations Grant Program.--Section 121 of
the Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162) is amended--
(1) in subsection (a)(1), by inserting at the end the
following : ``The requirements of the grant programs identified
in paragraph (2) shall not apply to this new grant program.'';
and
(2) in subsection (b)(2) by striking the period and
inserting ``, including--
``(A) working with State and local governments and
social service agencies to develop and enhance
effective strategies to provide culturally and
linguistically specific services to victims of domestic
violence, dating violence, sexual assault, and
stalking;
``(B) increasing communities' capacity to provide
culturally and linguistically specific resources and
support for victims of domestic violence, dating
violence, sexual assault, and stalking crimes and their
families;
``(C) strengthening criminal justice interventions,
by providing training for law enforcement, prosecution,
courts, probation, and correctional facilities on
culturally and linguistically specific responses to
domestic violence, dating violence, sexual assault, and
stalking;
``(D) enhancing traditional services to victims of
domestic violence, dating violence, sexual assault, and
stalking through the leadership of culturally and
linguistically specific programs offering services to
victims of domestic violence, dating violence, sexual
assault, and stalking;
``(E) working in cooperation with the community to
develop education and prevention strategies
highlighting culturally and linguistically specific
issues and resources regarding victims of domestic
violence, dating violence, sexual assault, and
stalking;
``(F) providing culturally and linguistically
specific programs for children exposed to domestic
violence, dating violence, sexual assault, and
stalking;
``(G) providing culturally and linguistically
specific resources and services that address the
safety, economic, housing, and workplace needs of
victims of domestic violence, dating violence, sexual
assault, or stalking, including emergency assistance;
or
``(H) examining the dynamics of culture and its
impact on victimization and healing.''.
(l) Fix Allocation Issue in STOP Grants.--Subparagraphs (A) and (B)
of section 2007(c)(3) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-1(c)(3) (A) and (B)) are amended
to read as follows:
``(A) not less than 25 percent shall be allocated
for law enforcement and not less than 25 percent shall
be allocated for prosecutors;
``(B) not less than 30 percent shall be allocated
for victims services of which at least 10 percent shall
be distributed to culturally specific community-based
organizations; and''.
(m) Correct GAO Study.--Section 119(a) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) is amended by striking ``of domestic violence.'' and inserting
``of these respective crimes.''
(n) Protection Order Correction.--Section 106(c) of the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) is amended by striking ``the registration or
filing of a protection order'' and inserting ``the registration, filing
of a petition for, or issuance of a protection order, restraining order
or injunction''
SEC. 3. TITLE II-IMPROVED SERVICES.
(a) Sexual Assault Services Into VAWA.--Section 202 of the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) is repealed.
(b) Sexual Assault Services Program.--The Violence Against Women
Act of 1994 (Public Law 103-322) is amended by adding at the end the
following:
``Subtitle P--Sexual Assault Services
``SEC. 41601. SEXUAL ASSAULT SERVICES PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to assist States, Indian tribes, and territories in
providing intervention, advocacy, accompaniment, support
services, and related assistance for--
``(A) adult, youth, and child victims of sexual
assault;
``(B) family and household members of such victims;
and
``(C) those collaterally affected by the
victimization, except for the perpetrator of such
victimization; and
``(2) to provide for technical assistance and training
relating to sexual assault to--
``(A) Federal, State, tribal, territorial and local
governments, law enforcement agencies, and courts;
``(B) professionals working in legal, social
service, and health care settings;
``(C) nonprofit organizations;
``(D) faith-based organizations; and
``(E) other individuals and organizations seeking
such assistance.
``(b) Grants to States and Territories.--
``(1) Grants authorized.--The Attorney General shall award
grants to States and territories to support the establishment,
maintenance, and expansion of rape crisis centers and other
programs and projects to assist those victimized by sexual
assault.
``(2) Allocation and use of funds.--
``(A) Administrative costs.--Not more than 5
percent of the grant funds received by a State or
territory governmental agency under this subsection for
any fiscal year may be used for administrative costs.
``(B) Grant funds.--Any funds received by a State
or territory under this subsection that are not used
for administrative costs shall be used to provide
grants to rape crisis centers and other nonprofit,
nongovernmental organizations for programs and
activities within such State or territory that provide
direct intervention and related assistance.
``(C) Intervention and related assistance.--
Intervention and related assistance under subparagraph
(B) may include--
``(i) 24-hour hotline services providing
crisis intervention services and referral;
``(ii) accompaniment and advocacy through
medical, criminal justice, and social support
systems, including medical facilities, police,
and court proceedings;
``(iii) crisis intervention, short-term
individual and group support services, and
comprehensive service coordination and
supervision to assist sexual assault victims
and family or household members;
``(iv) information and referral to assist
the sexual assault victim and family or
household members;
``(v) community-based, linguistically and
culturally specific services and support
mechanisms, including outreach activities for
underserved communities; and
``(vi) the development and distribution of
materials on issues related to the services
described in clauses (i) through (v).
``(3) Application.--
``(A) In general.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Attorney General at such time and in such manner
as the Attorney General may reasonably require.
``(B) Contents.--Each application submitted under
subparagraph (A) shall--
``(i) set forth procedures designed to
ensure meaningful involvement of the State or
territorial sexual assault coalition and
representatives from underserved communities in
the development of the application and the
implementation of the plans;
``(ii) set forth procedures designed to
ensure an equitable distribution of grants and
grant funds within the State or territory and
between urban and rural areas within such State
or territory;
``(iii) identify the State or territorial
agency that is responsible for the
administration of programs and activities; and
``(iv) meet other such requirements as the
Attorney General reasonably determines are
necessary to carry out the purposes and
provisions of this section.
``(4) Minimum amount.--The Attorney General shall allocate
to each State not less than 1.50 percent of the total amount
appropriated in a fiscal year for grants under this section,
except that the United States Virgin Islands, American Samoa,
Guam, the District of Columbia, Puerto Rico, and the
Commonwealth of the Northern Mariana Islands shall each be
allocated 0.125 percent of the total appropriations. The
remaining funds shall be allotted to each State and each
territory in an amount that bears the same ratio to such
remaining funds as the population of such State and such
territory bears to the population of all the States and the
territories. The District of Columbia shall be treated as a
territory for purposes of calculating its allocation under the
preceding formula.
``(c) Grants for Culturally Specific Programs Addressing Sexual
Assault.--
``(1) Grants authorized.--The Attorney General shall award
grants to eligible entities to support the establishment,
maintenance, and expansion of culturally specific intervention
and related assistance for victims of sexual assault.
``(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
``(A) be a private nonprofit organization that
focuses primarily on culturally specific communities;
``(B) must have documented organizational
experience in the area of sexual assault intervention
or have entered into a partnership with an organization
having such expertise;
``(C) have expertise in the development of
community-based, linguistically and culturally specific
outreach and intervention services relevant for the
specific communities to whom assistance would be
provided or have the capacity to link to existing
services in the community tailored to the needs of
culturally specific populations; and
``(D) have an advisory board or steering committee
and staffing which is reflective of the targeted
culturally specific community.
``(3) Award basis.--The Attorney General shall award grants
under this section on a competitive basis.
``(4) Distribution.--
``(A) The Attorney General shall not use more than
2.5 percent of funds appropriated under this subsection
in any year for administration, monitoring, and
evaluation of grants made available under this
subsection.
``(B) Up to 5 percent of funds appropriated under
this subsection in any year shall be available for
technical assistance by a national, nonprofit,
nongovernmental organization or organizations whose
primary focus and expertise is in addressing sexual
assault within underserved culturally specific
populations.
``(5) Term.--The Attorney General shall make grants under
this section for a period of no less than 2 fiscal years.
``(6) Reporting.--Each entity receiving a grant under this
subsection shall submit a report to the Attorney General that
describes the activities carried out with such grant funds.
``(d) Grants to State, Territorial, and Tribal Sexual Assault
Coalitions.--
``(1) Grants authorized.--
``(A) In general.--The Attorney General shall award
grants to State, territorial, and tribal sexual assault
coalitions to assist in supporting the establishment,
maintenance, and expansion of such coalitions.
``(B) Minimum amount.--Not less than 10 percent of
the total amount appropriated to carry out this section
shall be used for grants under subparagraph (A).
``(C) Eligible applicants.--Each of the State,
territorial, and tribal sexual assault coalitions.
``(2) Use of funds.--Grant funds received under this
subsection may be used to--
``(A) work with local sexual assault programs and
other providers of direct services to encourage
appropriate responses to sexual assault within the
State, territory, or tribe;
``(B) work with judicial and law enforcement
agencies to encourage appropriate responses to sexual
assault cases;
``(C) work with courts, child protective services
agencies, and children's advocates to develop
appropriate responses to child custody and visitation
issues when sexual assault has been determined to be a
factor;
``(D) design and conduct public education
campaigns;
``(E) plan and monitor the distribution of grants
and grant funds to their State, territory, or tribe; or
``(F) collaborate with and inform Federal, State,
or local public officials and agencies to develop and
implement policies to reduce or eliminate sexual
assault.
``(3) Allocation and use of funds.--From amounts
appropriated for grants under this subsection for each fiscal
year--
``(A) not less than 10 percent of the funds shall
be available for grants to tribal sexual assault
coalitions; and
``(B) the remaining funds shall be available for
grants to State and territorial coalitions, and the
Attorney General shall allocate an amount equal to \1/
56\ of the amounts so appropriated to each of those
State and territorial coalitions.
``(4) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Attorney General at such time, in such manner, and containing
such information as the Attorney General determines to be
essential to carry out the purposes of this section.
``(5) First-time applicants.--No entity shall be prohibited
from submitting an application under this subsection during any
fiscal year for which funds are available under this subsection
because such entity has not previously applied or received
funding under this subsection.
``(e) Grants to Tribes.--
``(1) Grants authorized.--The Attorney General may award
grants to Indian tribes, tribal organizations, and nonprofit
tribal organizations for the operation of sexual assault
programs or projects in Indian tribal lands and Alaska Native
villages to support the establishment, maintenance, and
expansion of programs and projects to assist those victimized
by sexual assault.
``(2) Allocation and use of funds.--
``(A) Administrative costs.--Not more than 5
percent of the grant funds received by an Indian tribe,
tribal organization, and nonprofit tribal organization
under this subsection for any fiscal year may be used
for administrative costs.
``(B) Grant funds.--Any funds received under this
subsection that are not used for administrative costs
shall be used to provide grants to tribal organizations
and nonprofit tribal organizations for programs and
activities within Indian country and Alaskan native
villages that provide direct intervention and related
assistance.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$50,000,000 to remain available until expended for each of the
fiscal years 2007 through 2011 to carry out the provisions of
this section.
``(2) Allocations.--Of the total amounts appropriated for
each fiscal year to carry out this section--
``(A) not more than 2.5 percent shall be used by
the Attorney General for evaluation, monitoring, and
other administrative costs under this section;
``(B) not more than 2.5 percent shall be used for
the provision of technical assistance to grantees and
subgrantees under this section;
``(C) not less than 65 percent shall be used for
grants to States and territories under subsection (b);
``(D) not less than 10 percent shall be used for
making grants to State, territorial, and tribal sexual
assault coalitions under subsection (d);
``(E) not less than 10 percent shall be used for
grants to tribes under subsection (e); and
``(F) not less than 10 percent shall be used for
grants for culturally specific programs addressing
sexual assault under subsection (c).''.
SEC. 4. TITLE III-YOUNG VICTIMS.
(a) Correct Citation in Section 41204.--Section 41204(f)(2) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043c-3) is amended by
striking ``(b)(4)(D)'' and inserting ``(b)(4)''.
(b) Correct Campus Grant Program's Purpose Areas.--Section
304(b)(2) of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) is amended by striking
the first sentence and inserting ``To develop and implement campus
policies, protocols, and services that more effectively identify and
respond to the crimes of domestic violence, dating violence, sexual
assault and stalking, and to train campus administrators, campus
security personnel, and personnel serving on campus disciplinary or
judicial boards on such policies, protocols, and services.''.
(c) Correction.--In section 758(c)(1)(A) of the Public Health
Services Act (42 U.S.C. 294h(c)(1)(A)), insert ``experiencing'' after
``to individuals who are'' and before ``or who have experienced''.
(d) Campus Reporting Requirement.--Section 304(d)(2)(A) of the
Violence Against Women and Department of Justice Reauthorization Act of
2005 is amended by striking ``biennial''.
SEC. 5. TILE VI--HOUSING AMENDMENTS.
(a) Amendments to Collaborative Grant Program.--Section 41404 of
the Violence Against Women Act of 1994 (as added by Public Law 109-162;
119 Stat. 3033) is amended--
(1) in subsection (a)(1) by striking ``of Children'' and
inserting ``for Children''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in the heading, by striking ``(1) In
general.--''; and
(ii) by adding at the end ``Such
activities, services, or programs--'';
(B) in paragraph (2), by striking ``(2) Activities,
services, programs.--Such activities, services, or
programs described in paragraph (1)'' and inserting
``(1)'';
(C) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively; and
(D) in paragraph (3), as so redesignated, by
striking ``paragraph (3)'' and inserting ``paragraph
(2)''.
(b) Technical Amendments to Stewart B. McKinney Homeless Assistance
Act.--Section 423(a)(8) of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11383(a)(8)) is amended--
(1) in the first sentence of subparagraph (A), by striking
``subsection'' and inserting ``section''; and
(2) in subparagraph (B)(ii), by striking ``or `victim
service providers'''.
(c) Technical Amendment to Violence Against Women Act of 2005.--
Section 606 of the Violence Against Women Act of 2005 (Public Law 104-
162; 119 Stat. 3041) is amended in the heading by striking ``voucher''.
(d) Selection of Tenants.--Section 8(d)(1)(A) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended to read as
follows:
``(A) the selection of tenants shall be the
function of the owner, subject to the annual
contributions contract between the Secretary and the
agency, except that with respect to the certificate and
moderate rehabilitation programs only, for the purpose
of selecting families to be assisted, the public
housing agency may establish local preferences,
consistent with the public housing agency plan
submitted under section 5A (42 U.S.C. 1437c-1) by the
public housing agency and that an applicant or
participant is or has been a victim of domestic
violence, dating violence, or stalking is not an
appropriate basis for denial of program assistance or
for denial of admission if the applicant otherwise
qualifies for assistance or admission;''.
(e) Technical Amendments to Housing Assistance Program.--Section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended--
(1) in subsection (c)(9)(C), by striking clause (ii) and
inserting the following:
``(ii) Notwithstanding clause (i) or any Federal, State, or local
law to the contrary, an owner or manager may bifurcate a lease under
this section, or remove a household member from a lease under this
section, without regard to whether a household member is a signatory to
a lease, in order to evict, remove, terminate occupancy rights, or
terminate assistance to any individual who is a tenant or lawful
occupant and who engages in criminal acts of physical violence against
family members or others, without evicting, removing, terminating
assistance to, or otherwise penalizing the victim of such violence who
is also a tenant or lawful occupant. Such eviction, removal,
termination of occupancy rights, or termination of assistance shall be
effected in accordance with the procedures prescribed by Federal,
State, and local law for the termination of leases or assistance under
the relevant program of HUD-assisted housing.'';
(2) in subsection (d)(1)(B)(iii), by striking subclause
(II) and inserting the following:
``(II) Notwithstanding subclause (I) or any Federal, State, or
local law to the contrary, a public housing agency may terminate
assistance to, or an owner or manager may bifurcate a lease under this
section, or remove a household member from a lease under this section,
without regard to whether a household member is a signatory to a lease,
in order to evict, remove, terminate occupancy rights, or terminate
assistance to any individual who is a tenant or lawful occupant and who
engages in criminal acts of physical violence against family members or
others, without evicting, removing, terminating assistance to, or
otherwise penalizing the victim of such violence who is also a tenant
or lawful occupant. Such eviction, removal, termination of occupancy
rights, or termination of assistance shall be effected in accordance
with the procedures prescribed by Federal, State, and local law for the
termination of leases or assistance under the relevant program of HUD-
assisted housing.'';
(3) in subsection (f)--
(A) in paragraph (9), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (10)(A)(i), by striking ``; and''
and inserting ``; or''; and
(C) in paragraph (11)(B), by striking ``blood and
marriage'' and inserting ``blood or marriage'';
(4) in subsection (o)--
(A) in the second sentence of paragraph (6)(B)--
(i) by striking ``by'' after ``denial of
program assistance'';
(ii) by striking ``for admission for'' and
inserting ``for admission or''; and
(iii) by striking ``admission, and that
nothing'' and inserting ``admission. Nothing'';
(B) in paragraph (7)(D)--
(i) by striking clause (ii) and inserting
the following:
``(ii) Limitation.--Notwithstanding clause
(i) or any Federal, State, or local law to the
contrary, a public housing agency may terminate
assistance to, or an owner or manager may
bifurcate a lease under this section, or remove
a household member from a lease under this
section, without regard to whether a household
member is a signatory to a lease, in order to
evict, remove, terminate occupancy rights, or
terminate assistance to any individual who is a
tenant or lawful occupant and who engages in
criminal acts of physical violence against
family members or others, without evicting,
removing, terminating assistance to, or
otherwise penalizing the victim of such
violence who is also a tenant or lawful
occupant. Such eviction, removal, termination
of occupancy rights, or termination of
assistance shall be effected in accordance with
the procedures prescribed by Federal, State,
and local law for the termination of leases or
assistance under the relevant program of HUD-
assisted housing.'';
(ii) in clause (iii), by striking ``access
to control'' and inserting ``access or
control''; and
(iii) in clause (v), by striking
``terminate,'' and inserting ``terminate''; and
(C) in paragraph (20)(D)(ii), by striking
``distribution'' and inserting ``distribution or''; and
(5) in subsection (ee)(1)--
(A) in subparagraph (A), by striking ``the owner,
manager, or public housing agency requests such
certification'' and inserting ``the individual receives
a request for such certification from the owner,
manager, or public housing agency'';
(B) in subparagraph (B)--
(i) by striking ``the owner, manager,
public housing agency, or assisted housing
provider has requested such certification in
writing'' and inserting ``the individual has
received a request in writing for such
certification for the owner, manager, or public
housing agency'';
(ii) by striking ``manager, public
housing'' and inserting ``manager or public
housing'' each place that term appears; and
(iii) by striking ``, or assisted housing
provider'' each place that term appears;
(C) in subparagraph (C), by striking ``sexual
assault,'';
(D) in subparagraph (D), by striking ``sexual
assault,''; and
(E) in subparagraph (E)--
(i) by striking ``manager, public housing''
and inserting ``manager or public housing''
each place that term appears; and
(ii) by striking ``, or assisted housing
provider'' each place that term appears.
(f) Technical Amendment to Section 6 of United States Housing Act
of 1937.--Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amended--
(1) in subsection (l)(6), by striking subparagraph (B) and
inserting the following: ``(B) notwithstanding subparagraph (A)
or any Federal, State, or local law to the contrary, a public
housing agency may bifurcate a lease under this section, or
remove a household member from a lease under this section,
without regard to whether a household member is a signatory to
a lease, in order to evict, remove, terminate occupancy rights,
or terminate assistance to any individual who is a tenant or
lawful occupant and who engages in criminal acts of physical
violence against family members or others, without evicting,
removing, terminating assistance to, or otherwise penalizing
the victim of such violence who is also a tenant or lawful
occupant and such eviction, removal, termination of occupancy
rights, or termination of assistance shall be effected in
accordance with the procedures prescribed by Federal, State,
and local law for the termination of leases or assistance under
the relevant program of HUD-assisted housing;''; and
(2) in subsection (u)--
(A) in paragraph (1)(A), by striking ``the public
housing agency requests such certification'' and
inserting ``the individual receives a request for such
certification from the public housing agency'';
(B) in paragraph (1)(B), by striking ``the public
housing agency has requested such certification in
writing'' and inserting ``the individual has received a
request in writing for such certification from the
public housing agency''; and
(C) in paragraph (3)(D)(ii), by striking ``blood
and marriage'' and inserting ``blood or marriage''.
SEC. 6. TITLE VIII--IMMIGRATION AND NATIONALITY ACT.
(a) Petitions for Immigrant Status.--Section 204(a)(1)(D)(v) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)(v)) is amended
by inserting ``or (B)(iii)'' after ``(A)(iv)''.
(b) Inadmissible Aliens.--Section 212 of such Act (8 U.S.C. 1182)
is amended--
(1) in subsection (a)--
(A) in paragraph (4)(C)(i)--
(i) in subclause (II), by striking ``, or''
at the end and inserting a semicolon; and
(ii) by adding at the end the following:
``(III) classification or status as
a VAWA self-petitioner; or'';
(B) in paragraph (6)(A)(ii), by amending subclause
(I) to read as follows:
``(I) the alien is a VAWA self-
petitioner;''; and
(C) in paragraph (9)(C)(ii), by striking ``the
Attorney General has consented'' and all that follows
through ``United States.'' and inserting the following:
``the Secretary of Homeland Security has consented to
the alien's reapplying for admission.
``(iii) Waiver.--The Secretary of Homeland
Security may waive the application of clause
(i) in the case of an alien who is a VAWA self-
petitioner if there is a connection between--
``(I) the alien's battering or
subjection to extreme cruelty; and
``(II) the alien's removal,
departure from the United States,
reentry into the United States; or
attempted reentry into the United
States.'';
(2) in subsection (g)(1), by amending subparagraph (C) to
read as follows:
``(C) is a VAWA self-petitioner,'';
(3) in subsection (h)(1), by amending subparagraph (C) to
read as follows:
``(C) the alien is a VAWA self-petitioner; and'';
and
(4) in subsection (i)(1), 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 self-petitioner''.
(c) Deportable Aliens.--Section 237(a)(1)(H)(ii) of such Act (8
U.S.C. 1227(a)(1)(H)(ii)) is amended to read as follows:
``(ii) is a VAWA self-petitioner.''.
(d) Removal.--Section 239(e)(2)(B) of such Act (8 U.S.C.
1229(e)(2)(B)) is amended by striking ``(V)'' and inserting ``(U)''.
(e) Cancellation of Removal.--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)
for purposes of section 245 (a) and (c).'' and inserting ``the
applicants were VAWA self-petitioners.''.
(f) Adjustment of Status.--Section 245 of such Act (8 U.S.C. 1255)
is amended--
(1) in subsection (a), by striking ``under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1)
or'' and inserting ``as a VAWA self-petitioner''; and
(2) in subsection (c), 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 self-
petitioner''.
(g) Immigration Officers.--Section 287 of such Act (8 U.S.C. 1357)
is amended by redesignating subsection (i) as subsection (h).
(h) Penalties for Disclosure of Information.--Section 384(a)(2) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(2)) is amended by striking ``clause (iii) or (iv)''
and all that follows and inserting ``paragraph (15)(T), (15)(U), or
(51) of section 101(a) of the Immigration and Nationality Act or
section 240A(b)(2) of such Act.''.
SEC. 7. TITLE IX--INDIAN WOMEN.
(a) Omnibus Crime Control and Safe Streets.--
(1) Grants to combat violent crimes against women.--Part T
of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended--
(A) by redesignating the second section 2007 (42
U.S.C. 3796gg-10) (relating to grants to Indian tribal
governments), as added by section 906 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005, as section 2015;
(B) by redesignating the second section 2008 (42
U.S.C. 3796gg-11) (relating to a tribal deputy), as
added by section 907 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005, as
section 2016; and
(C) by moving those sections so as to appear at the
end of the part.
(2) State grant amounts.--Section 2007(b) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
1(b)), as amended by section 906(b) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005, is
amended by striking paragraph (1) and inserting the following:
``(1) 10 percent shall be available for grants under the
program authorized by section 2015, which shall not otherwise
be subject to the requirements of this part (other than section
2008);''.
(3) Grants to indian tribal governments.--Section 2015 of
the Omnibus Crime Control and Safe Streets Act of 1968, as
added by section 906 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (as
redesignated by paragraph (1)(A)), is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``and tribal organizations'' and
inserting ``or authorized designees of Indian
tribal governments'';
(ii) in paragraph (6), by striking ``and''
at the end;
(iii) in paragraph (7), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(8) provide legal assistance necessary to provide
effective aid to victims of domestic violence, dating violence,
stalking, or sexual assault who are seeking relief in legal
matters arising as a consequence of that abuse or violence, at
minimal or no cost to the victims.''; and
(B) by striking subsection (c).
(4) Tribal deputy responsibilities.--Section 2016(b)(1)(I)
of the Omnibus Crime Control and Safe Streets Act of 1968 (as
redesignated by paragraph (1)(B)) is amended by inserting after
``technical assistance'' the following: ``that is developed and
provided by entities having expertise in tribal law, customary
practices, and Federal Indian law''.
(5) Grants to encourage arrest policies and enforcement of
protection orders.--Section 2101 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended by
striking subsection (e) and inserting the following:
``(e) Allotment for Indian Tribes.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year shall
be available for grants under the program authorized by section
2015.
``(2) Applicability of part.--The requirements of this part
shall not apply to funds allocated for the program described in
paragraph (1).''.
(b) Rural Domestic Violence.--
(1) In general.--Section 40295(d) of the Safe Homes for
Women Act of 1994 (42 U.S.C. 13971(d)), as amended by section
306 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005, is amended by striking paragraph
(1) and inserting the following:
``(1) Allotment for indian tribes.--
``(A) In general.--Not less than 10 percent of the
total amount available under this section for each
fiscal year shall be available for grants under the
program authorized by section 2015 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
10).
``(B) Applicability of part.--The requirements of
this section shall not apply to funds allocated for the
program described in subparagraph (A).''.
(2) Conforming amendment.--Section 906 of the Violence
Against Women and Department of Justice Reauthorization Act of
2005 is amended by--
(A) striking subsection (d); and
(B) redesignating subsections (e) through (g) as
subsections (d) through (f), respectively.
(c) Violence Against Women Act of 1994.--
(1) Transitional housing assistance.--Section 40299(g) of
the Violence Against Women Act of 1994 (42 U.S.C. 13975(g)), as
amended by sections 602 and 906 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005, is
amended--
(A) in paragraph (3)(C), by striking clause (i) and
inserting the following:
``(i) Indian tribes.--
``(I) In general.--Not less than 10
percent of the total amount available
under this section for each fiscal year
shall be available for grants under the
program authorized by section 2015 of
the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-
10).
``(II) Applicability of part.--The
requirements of this section shall not
apply to funds allocated for the
program described in subclause (I).'';
and
(B) by striking paragraph (4).
(2) Court training and improvements.--Section 41006 of the
Violence Against Women Act of 1994 (42 U.S.C. 14043a-3), as
added by section 105 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005, is amended
by striking subsection (c) and inserting the following:
``(c) Set Aside.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year shall
be available for grants under the program authorized by section
2015 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-10).
``(2) Applicability of part.--The requirements of this
section shall not apply to funds allocated for the program
described in paragraph (1).''.
(d) Violence Against Women Act of 2000.--
(1) Legal assistance for victims.--Section 1201(f) of the
Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6(f)), as
amended by sections 103 and 906 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005, is
amended--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``10
percent'' and inserting ``3 percent'';
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following:
``(B) Tribal government program.--
``(i) In general.--Not less than 7 percent
of the total amount available under this
section for each fiscal year shall be available
for grants under the program authorized by
section 2015 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-10).
``(ii) Applicability of part.--The
requirements of this section shall not apply to
funds allocated for the program described in
clause (i).''; and
(B) by striking paragraph (4).
(2) Safe havens for children.--Section 1301 of the Violence
Against Women Act of 2000 (42 U.S.C. 10420), as amended by
sections 906 and 306 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005, is amended--
(A) in subsection (e)(2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
and
(B) by striking subsection (f) and inserting the
following:
``(f) Allotment for Indian Tribes.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year shall
be available for grants under the program authorized by section
2015 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-10).
``(2) Applicability of part.--The requirements of this
section shall not apply to funds allocated for the program
described in paragraph (1).''.
SEC. 8. TITLE XI--DEPARTMENT OF JUSTICE.
(a) Organized Retail Theft.--Section 1105(a)(3) of the Violence
Against Women and Department of Justice Reauthorization Act of 2005 (28
U.S.C. 509 note) is amended by striking ``The Attorney General through
the Bureau of Justice Assistance in the Office of Justice may'' and
inserting ``The Director of the Bureau of Justice Assistance of the
Office of Justice Programs may''.
(b) Formulas and Reporting.--Sections 1134 and 1135 of the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162; 119 Stat. 3108), and the amendments made by such
sections, are repealed.
(c) Grants for Young Witness Assistance.--Section 1136(a) of the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (42 U.S.C. 3743(a)) is amended by striking ``The Attorney General,
acting through the Bureau of Justice Assistance, may'' and inserting
``The Director of the Bureau of Justice Assistance of the Office of
Justice Programs may''.
(d) Use of Federal Training Facilities.--Section 1173 of the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (28 U.S.C. 530c note) is amended--
(1) in subsection (a), by inserting ``or for meals,
lodging, or other expenses related to such internal training or
conference meeting'' before the period; and
(2) in subsection (b), by striking ``that requires specific
authorization'' and inserting ``authorized''.
(e) Office of Audit, Assessment, and Management.--Part A of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by redesignating the section 105 titled
``office of audit, assessment, and management'' as section 109 and
transferring such section to the end of such part A.
(f) Community Capacity Development Office.--Section 106 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712e) is
amended by striking ``section 105(b)'' each place such term appears and
inserting ``section 103(b)''.
(g) Availability of Funds.--Section 108(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712g(b)) is amended by
striking ``revert to the Treasury'' and inserting ``be deobligated''.
(h) Deletion of Duplicative Reference to Tribal Governments.--
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b) is amended--
(1) in paragraph (1), by inserting ``or'' after the
semicolon;
(2) in paragraph (2), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (3).
(i) Applications for Byrne Grants.--Section 502 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended
in the matter preceding paragraph (1), by striking ``90 days'' and
inserting ``120 days''.
(j) Matching Grant Program for School Security.--Part AA of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797a et seq.) is amended--
(1) in section 2701(a), by striking ``The Attorney General,
acting through the Office of Community Oriented Policing
Services,'' and inserting ``The Director of the Office of
Community Oriented Policing Services (in this section referred
to as the `Director')''; and
(2) by striking ``Attorney General'' each place such term
appears and inserting ``Director''.
(k) Funding.--Section 1101 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162)
is amended--
(1) in paragraph (8), by striking ``$800,255,000'' and
inserting ``$809,372,000'';
(2) in paragraph (11), by striking ``$923,613,000'' and
inserting ``$935,817,000'';
(3) in paragraph (12), by striking ``$8,000,000'' and
inserting ``$10,000,000''; and
(4) in paragraph (14), by striking ``$1,270,000'' and
inserting ``$1,303,000''.
(l) Drug Courts Technical Assistance and Training.--Section 2957(b)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797u-6(b)) is amended by striking ``Community Capacity Development
Office'' each place such term appears and inserting ``Bureau of Justice
Assistance''.
(m) Aimee's Law.--Section 2001(e)(1) of division C of Public Law
106-386 (42 U.S.C. 13713(e)(1)) is amended by striking ``section 506 of
the Omnibus Crime Control and Safe Streets Act of 1968'' and inserting
``section 505 of the Omnibus Crime Control and Safe Streets Act of
1968''.
(n) Effective Dates.--
(1) Office of weed and feed strategies.--Section 1121(c) of
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 3712a note) is amended
by striking ``90 days after the date of the enactment of this
Act'' and inserting ``with respect to appropriations for fiscal
year 2007 and for each fiscal year thereafter''.
(2) Substance abuse treatment.--
(A) In general.--Chapter 4 of subtitle B of title
XI of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-
162; 3110) is amended by adding at the end the
following:
``SEC. 1147. EFFECTIVE DATE.
``The amendments made by sections 1144 and 1145 shall take effect
on October 1, 2006.''.
(B) Conforming amendment.--The table of contents in
section 2 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 106-
162; 119 Stat. 2960) is amended by inserting after the
item relating to section 1146 the following:
``Sec. 1147. Effective date.''.
(3) Office of audit, assessment, and management.--Section
1158(b) of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 3712d note) is amended
to read as follows:
``(b) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
section 109 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3712d) shall take effect on April 5, 2006.
``(2) Certain provisions.--Subsections (c), (d), and (e) of
section 109 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3712d) shall take effect on October 1,
2006.''.
(4) Office of applied law enforcement technology.--
(A) In general.--Section 1160(b) of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005 (42 U.S.C. 3712f note) is amended by
striking ``90 days after the date of the enactment of
this Act'' and inserting ``on October 1, 2006''.
(B) Availability of funds.--Section 1161(b) of the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 3712g note) is
amended by striking ``90 days after the date of the
enactment of this Act'' and inserting ``on October 1,
2006''.
(5) Evidence-based approaches.--Section 1168 of the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162; 119 Stat.
3122) is amended--
(A) by striking ``Section 1802'' and inserting the
following:
``(a) In General.--Section 1802''; and
(B) by adding at the end the following:
``(b) Effective Date.--The amendments made by this section shall
take effect on October 1, 2006.''.
(6) State criminal alien assistance program.--Section 1196
of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162; 119 Stat.
3130) is amended by adding at the end the following:
``(d) Effective Date.--The amendments made by subsections (a) and
(b) shall take effect on October 1, 2006.''.
Passed the Senate July 19, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 3693
_______________________________________________________________________
AN ACT
To make technical corrections to the Violence Against Women and
Department of Justice Reauthorization Act of 2005.