[Congressional Record Volume 151, Number 123 (Wednesday, September 28, 2005)]
[House]
[Pages H8433-H8481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H8433]]
DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, FISCAL YEARS
2006 THROUGH 2009
The SPEAKER pro tempore. Pursuant to House Resolution 462 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 3402.
{time} 1605
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 3402) to authorize appropriations for the Department of
Justice for fiscal years 2006 through 2009, and for other purposes,
with Mr. LaHood in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, all
time for general debate had expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill shall be considered as an original bill
for the purpose of amendment under the 5-minute rule and shall be
considered read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 3402
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.
[[Page H8434]]
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.
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(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
[[Page H8436]]
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--
[[Page H8437]]
``(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)--
[[Page H8438]]
(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;
[[Page H8439]]
``(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''.
[[Page H8440]]
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
[[Page H8441]]
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--
[[Page H8442]]
(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.
[[Page H8443]]
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
[[Page H8444]]
(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.
[[Page H8445]]
``(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.
[[Page H8446]]
``(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
[[Page H8447]]
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,
[[Page H8448]]
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
[[Page H8449]]
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
[[Page H8450]]
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
[[Page H8451]]
``(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
[[Page H8452]]
(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.
[[Page H8453]]
``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
[[Page H8454]]
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
[[Page H8455]]
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.
[[Page H8456]]
``(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)--
[[Page H8457]]
``(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--
[[Page H8458]]
(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
[[Page H8459]]
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.
[[Page H8460]]
(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--
[[Page H8461]]
(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
[[Page H8462]]
``(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
[[Page H8463]]
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
[[Page H8464]]
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.
[[Page H8465]]
``(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.
The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in House Report 109-236. Each amendment may be
offered only in the order printed in the report, by a Member designated
in the report, shall be considered read, shall be debatable for the
time specified, equally divided and controlled by the
[[Page H8466]]
proponent and an opponent of the amendment, shall not be subject to
amendment and shall not be subject to a demand for division of the
question.
It is now in order to consider amendment No. 1 printed in House
Report 109-236.
Amendment No. 1 Offered by Mr. Sensenbrenner
Mr. SENSENBRENNER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Sensenbrenner:
Page 6, line 14, strike ``pardon and''.
Page 10, line 14, strike ``pardon and''.
Page 25, line 1, insert ``(1)'' before ``Any''.
Page 25, line 7, strike the close quotation marks and
strike ``; and''.
Page 25, after line 7, insert the following:
``(2) Any reference in a law, regulation, document, paper,
or other record of the United States to section 506 of this
Act as such section was in effect on the date of the
enactment of the Department of Justice Appropriations
Authorization Act, Fiscal Years 2006 through 2009, shall be
deemed to be a reference to section 505(a) of this Act as
amended by the Department of Justice Appropriations
Authorization Act, Fiscal Years 2006 through 2009.''.
Page 27, strike line 23, and insert the following:
``(A) vehicles (excluding police cruisers), vessels
(excluding police boats), or aircraft (excluding police
helicopters);''.
Page 40, after line 16, insert the following as quoted
matter:
SEC. 508. INCLUSION OF INDIAN TRIBES.
In this subpart, the term ``State'' includes an Indian
tribal government.
Page 40, line 17, redesignate section 508 as section 509.
Page 43, strike lines 8 through 11 and insert the
following:
(ii) by striking ``the application submitted pursuant to
section 503 of this title.'' and inserting ``the application
submitted pursuant to section 502 of this title. Such report
shall include details identifying each applicant that used
any funds to purchase any cruiser, boat, or helicopter and,
with respect to such applicant, specifying both the amount of
funds used by such applicant for each purchase of any
cruiser, boat, or helicopter and a justification of each such
purchase (and the Bureau of Justice Assistance shall submit
to the Committee of the Judiciary of the House of
Representatives and the Committee of the Judiciary of the
Senate, promptly after preparation of such report a written
copy of the portion of such report containing the information
required by this sentence).'';
Page 46, line 5, insert ``tribal,'' before ``and local''.
Page 47, beginning on line 1, strike ``National Criminal
History Background Check System'' and insert ``National
Instant Criminal Background Check System''.
Page 55, line 22, before the close quotation marks, insert
the following as quoted matter:
SEC. 105. INCLUSION OF INDIAN TRIBES.
For purposes of sections 103 and 104, the term ``State''
includes an Indian tribal government.
Page 65, strike line 1 and all that follows through line
10.
Page 65, line 11, strike ``(d)'' and insert ``(c)''.
Page 67, line 3, strike ``provisions'' and insert
``provision''.
Page 67, line 4, strike ``are'' and insert ``is''.
Page 67, strike lines 7-8.
Page 74, line 12, strike ``5'' and insert ``3''.
Page 78, line 1, strike ``OFFICE'' and insert ``DIVISION''.
Page 78, line 4, strike ``an office'' and insert ``of
Science and Technology, the Division''.
Page 78, line 5, strike ``a Director'' and insert ``an
individual''.
Page 78, line 6, strike ``Office'' and insert ``Division''.
Page 78, beginning on line 10, strike ``Office, the
Director'' and insert ``Division, the head of the Division''.
Page 80, line 17, insert ``, in coordination with the Chief
Information Officer and Chief Financial Officer of the
Department of Justice,'' after ``Programs''.
Page 81, line 2, insert ``, in coordination with the Chief
Information Officer and Chief Financial Officer of the
Department of Justice,'' after ``General''.
Page 81, line 11, insert ``, in coordination with the Chief
Information Officer and Chief Financial Officer of the
Department of Justice,'' after ``General''.
Page 83, strike line 22 and all that follows through page
84, line 8.
Page 84, line 22, insert ``and'' at the end.
Page 84, line 25, strike the semicolon and all that follows
through page 85, line 19, and insert a period.
Page 90, after line 6, insert the following new section:
SEC. 259. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR
SCHOOL SECURITY.
(a) In General.--Section 2705 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended by
striking ``2003'' and inserting ``2009''.
(b) Program to Remain Under COPS Office.--Section 2701 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797a) is amended in subsection (a) by inserting after
``The Attorney General'' the following: ``, acting through
the Office of Community Oriented Policing Services,''.
Page 91, strike lines 5 through 9.
Page 91, after line 19, insert the following:
``(c) Repeal of Provision Relating to Unauthorized
Program.--Section 20301 of Public Law 103-322 is amended by
striking subsection (c).''.
Page 91, line 24, strike ``predominately'' and insert
``predominantly''.
Page 96, strike lines 6 through 9, and insert the
following:
inserting ``or in any prison, institution, or facility in
which persons are held in custody by direction of or pursuant
to a contract or agreement with the Attorney General'' after
``in a Federal prison,'':
Page 97, strike lines 3 through 8, and insert the
following:
Section 1791(d)(4) of title 18, United States Code, is
amended by inserting ``or any prison, institution, or
facility in which persons are held in custody by direction of
or pursuant to a contract or agreement with the Attorney
General'' after ``penal facility''.
Page 100, line 24, insert after ``bullying'' the following:
``, cyberbullying,''.
Page 104, after line 14, insert the following (and conform
the table of contents accordingly):
SEC. 323. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
In addition to any other amounts authorized by law, there
are authorized to be appropriated for grants to the American
Prosecutors Research Institute under section 214A of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13003)
$7,500,000 for each of fiscal years 2006 through 2010.
SEC. 324. ASSISTANCE TO COURTS.
The chief judge of each United States district court is
encouraged to cooperate with requests from State and local
authorities whose operations have been significantly
disrupted as a result of Hurricane Katrina or Hurricane Rita
to provide accommodations in Federal facilities for State and
local courts to conduct their proceedings.
Page 116, line 2, insert ``or sexual assault'' after
``violence''.
Page 120, beginning on line 3, strike ``subparagraph (C)''
and insert ``subparagraphs (C) and (D)''.
Page 120, line 19, insert ``, except that consent for
release may not be given by the abuser of the minor or person
with disabilities, or the abuser of the other parent of the
minor'' before the period.
Page 121, line 15, strike ``and'' at the end.
Page 121, line 18, insert ``protection order'' after
``governmental''.
Page 121, line 20, strike the period and insert ``; and''.
Page 121, after line 20, insert the following:
``(iii) law enforcement- and prosecution-generated
information necessary for law enforcement and prosecution
purposes.''.
Page 123, line 13, strike ``3793(a)(8)'' and insert
``3793(a)(18)''.
Page 126, lines 1-2, strike ``racial and ethnic minorities
and other underserved populations'' and insert ``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.'' .
Page 126, lines 6-7, strike ``racial and ethnic and other
underserved populations'' and insert ``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,'' .
Page 126, lines 8-9, strike ``racial and ethnic and other
underserved'' and insert ``those''.
Page 126, line 24, insert ``coalitions for'' after the open
quotation marks.
Page 130, line 4, insert ``or Indian Tribal government''
after ``State''.
Page 130, line 9, insert ``(1)'' before ``Part''.
Page 130, line 17, strike ``that'' and insert ``must
certify''.
Page 130, line 18, insert ``will'' after ``practices''.
Page 131, after line 2, insert the following:
(2) Compliance.--Section 2007(d) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-l(d))
is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (4) the following:
``(4) proof of compliance with the requirements regarding
polygraph testing provided in section 2012.''.
Page 134, at the end of line 25, add the following:
``Although funds may be used to support the co-location of
project partners, funds may not support construction or major
renovation expenses or activities that fall outside of the
scope of the other statutory purpose areas.''.
Page 135, line 2, insert ``probation and parole officers,''
after ``prosecutors,''.
Page 135, line 6, strike the close quotation marks and the
semicolon at the end.
Page 135, after line 6, insert the following:
``(13) To develop, to enhance, and to maintain protection
order registries.'';
Page 135, line 13, insert ``that'' after ``certify''.
Page 135, line 15, strike ``that''.
[[Page H8467]]
Page 135, line 15, insert ``will'' after ``practices''.
Page 137, beginning on line 2, strike ``to offer'' and all
that follows through ``violence''.
Page 142, lines 8-12, strike ``racial and ethnic
communities'' and all that follows through the semicolon on
line 12 and insert ``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;'' .
Page 147, lines 22-23, strike ``Office on Violence Against
Women'' and insert ``Violence Against Women Office''.
Page 150, line 3, strike ``assure'' and insert ``ensure''.
Page 151, line 23, strike ``every 18 months''.
Page 152, strike lines 2 through 15, and insert the
following:
``tain information on the activities implemented by the
recipients of the grants awarded under this section.''.
Page 158, line 7, insert ``(a) Offenses.--'' before
``Section''.
Page 158, after line 14, insert the following:
(b) Definition.--Section 2216 of title 18, United States
Code, is amended by adding at the end the following:
``(c) Definition.--The term `dating partner' refers to a
person who is or has been in an ongoing relationship of a
romantic or intimate nature with the abuser. Factors to
consider in determining whether the relationship is or was
ongoing include, but are not limited to, the length of the
relationship and the frequency of interaction between the
persons involved in the relationship.''.
Page 161, line 7, strike ``and''.
Page 161, line 19, strike the period and insert ``; and''.
Page 161, after line 19, insert the following:
``(3) to enhance coordinated community responses to sexual
assault.''.
Page 162, line 9, insert ``and support coordinated
community responses to sexual assault'' before the period at
the end.
Page 164, line 11, strike ``and'' at the end.
Page 164, line 14, strike ``clauses (A) through (G).''
insert ``paragraphs (1) through (7);''.
Page 164, after line 14, insert the following:
``(9) sexual assault forensic examinations performed by
specially trained examiners, including coordination of
examiners with other responders and testimony by examiners;
and
``(10) developing and enhancing coordinated community
responses to sexual assault, including the development and
enhancement of sexual assault response teams.''.
Page 170, line 4, strike ``between'' and insert ``among''.
Page 171, line 14, insert ``(including rural areas or rural
communities in United States Territories)'' after ``rural
communities''.
Page 171, line 17, strike ``between'' and insert ``among''.
Page 174, lines 10-13, strike ``racial and ethnic and
other'' and all that follows through the period on line 13
and insert ``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.''.
Page 183, line 3, strike ``Office on Violence Against
Women'' and insert ``Violence Against Women Office''.
Page 183, beginning on line 18, strike ``Office on Violence
Against Women'' and insert ``Violence Against Women Office''.
Page 186, lines 7-9, strike ``racial and ethnic and other''
and all that follows through the period on line 9 and insert
``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.''.
Page 189, line 14, strike ``racial and ethnic minorities''
and insert ``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,''.
Page 190, line 3, strike ``racial and ethnic populations''
and insert ``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,''.
Page 191, line 13, strike ``may'' and insert ``shall''.
Page 191, line 24, strike ``every 18 months''.
Page 193, lines 15-16, strike ``racial and ethnic and other
underserved populations'' and insert ``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,''.
Page 193, lines 18-19, strike ``racial and ethnic and other
underserved populations'' and insert ``those populations''.
Page 195, beginning on line 6, strike ``every 18 months''.
Page 205, line 18, strike ``Annual'' and insert
``Performance''.
Page 205, line 20, strike ``submit a biennial
performance''.
Page 205, line 21, insert ``on activities conducted with
grant funds'' before the period.
Page 206, strike lines 9 through 12, and insert the
following:
(4) Report to congress.--Not later than 30 days after the
end of each even-numbered fiscal year, the Attorney General
shall submit to Congress a report for the period of 2 fiscal
years at any time in which grants were made under this
section and ending in such even-numbered fiscal year, that
includes--
Page 207, line 13, strike ``Office on Violence Against
Women'' and insert ``Violence Against Women Office''.
Page 212, line 16, insert ``, except that consent for
release may not be given by the abuser of the minor or of the
other parent of the minor'' after ``guardian''.
Page 213, line 21 strike ``native'' and insert ``Native''.
Page 219, lines 7-10, strike ``racial and ethnic and
other'' and all that follows through the semicolon on line 10
and insert ``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;''.
Page 222, lines 4-5, strike ``racial and ethnic and other
underserved populations'' and insert ``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''.
Page 222, beginning on line 7, strike ``every 18 months''.
Page 223, lines 5-8, strike ``racial and ethnic and other''
and all that follows through the semicolon on line 8 and
insert ``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;''.
Page 226, lines 23-24, strike ``racial and ethnic and other
underserved populations'' and insert ``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''.
Page 227, beginning on line 10, strike ``every 18 months''.
Page 229, lines 23-24, strike ``racial ethnic and other
underserved communities'' and insert ``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''.
Page 306, line 9, insert ``National Institute of Justice in
consultation with the'' after ``through the''.
Page 313, beginning on line 5, strike ``Office on Violence
Against Women'' and insert ``Violence Against Women Office''.
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr.
Conyers) each will control 5 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
Mr. SENSENBRENNER. Mr. Chairman, I yield myself 4 minutes.
This manager's amendment makes several technical and clarifying
changes requested by the Department of Justice. Probably more
importantly, because this is the issue of controversy, it clarifies a
provision in the legislation that may have been vulnerable to a
constitutional challenge.
In its current form, a provision in the legislation could be viewed
to prescribe race-based VAWA grant awards by conditioning certain
grants upon an applicant's ability to address the needs of ethnic and
racial minorities. The amendment addresses this issue by clarifying
existing VAWA grant criteria that require applicants to indicate how
they intend to meet the needs of populations that are currently
underserved by existing VAWA programs. Specifically, the manager's
amendment clarifies that such funding should be based on an applicant's
ability to address the needs of ``populations underserved by geographic
locations, 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.''
The amendment remedies the possible constitutional concerns that
effectuates the intent of the committee
[[Page H8468]]
when drafting the legislation. Additionally, the amendment reauthorizes
the Secure Our Schools grant program and ensures that it is preserved
as a stand-alone program; authorizes a program for training prosecutors
for child abuse cases; and ensures that Native American Tribes are
eligible for certain DOJ grants, including the new Justice Assistance
Grants program and the Weed and Seed program grants.
Finally, the amendment includes a provision to encourage cooperation
between Federal, State and local courts and communities to ensure that
the State and local courts will be able to continue to operate
utilizing available Federal facilities in the wake of Hurricane Katrina
and Hurricane Rita. I urge my colleagues to support the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, it is unfortunate that we on the committee can agree
with everything, which should be being celebrated; but the one thing
that is in disagreement creates the greatest amount of discussion. I
regret that, but I think the manager's amendment has to be called into
account because it would significantly weaken the bill's emphasis on
domestic violence grant funding for communities of color, and I cannot
allow this to happen without making the comments that I do.
Let us understand that constitutional law is not some secret body of
intelligence that is in the power of the members of the Committee on
the Judiciary. This amendment, which is being taken out because it is
thought to cause constitutional problems, is the same amendment that is
supported by the National Network to End Domestic Violence, the Family
Violence Prevention Fund, the National Coalition to End Domestic
Violence, Break the Cycle, Legal Momentum, the NAACP, the YWCA and the
Sisters of Color Ending Sexual Abuse.
The bill that passed the House and Senate Committees on the Judiciary
contain language ensuring that the minorities who are victims of
domestic and sexual assault would receive adequate services. That the
members of the Committee on the Judiciary agreed upon. This language
was necessary because the bureaucrats at the Department of Justice were
ignoring communities of color when considering grants from domestic
violence, rape prevention and other organizations.
Now this was unfortunately removed, but under current law since the
Supreme Court's decision in Adarand and its decision in Grutter,
specific set-asides that are race-based have been subject to strict
scrutiny. There are no such set asides or quotas in the bill that
passed the Committee on the Judiciary. The same provision has passed in
the Senate, and we have lists of constitutional scholars to attest to
the fact that this language does not require the distribution of money
on the basis of race or ethnicity.
I urge my colleagues in a sense of fairness, not making political
points, that we reject the manager's amendment.
I rise in strong opposition to the Managers' amendment because it
would significantly weaken the bill's emphasis on domestic violence
grant funding for communities of color.
This is why the amendment is opposed by the groups that are working
so hard to prevent rape and sexual assault--the National Network to End
Domestic Violence; the Family Violence Prevention Fund; the National
Coalition to End Domestic Violence; Legal Momentum; the NAACP; and the
Sisters of Color Ending Sexual Assault.
The bill that passed both the House and Senate Judiciary Committees
contains language ensuring that minorities who are victims of domestic
violence and sexual assault would receive adequate services. The
Members of the Judiciary Committee agreed--on a bipartisan basis--that
this language was necessary because the bureaucrats at the Department
of Justice were ignoring communities of color when considering grants
from domestic violence, rape prevention and other organizations.
This is a serious problem because we know that people of color are
far less likely than other groups to report incidents of rape and
sexual assault. The only way we can reach out to these individuals is
by supporting these non-traditional groups.
Unfortunately, between the Judiciary Committee and the floor, this
provision--which has been in the bill since its introduction--suddenly
became controversial. Out of the blue, the Administration has attempted
to argue that there might, possibly be a constitutional problem with
this provision.
Under current law, since the Supreme Court's decision in Adarand v.
Pena and Grutter v. Bollinger, specific set asides that are race-based
have been subject to strict scrutiny. Clearly, there are no such set
asides or quotas in the bill that passed the Judiciary Committee.
The bill simply requires states to ``describe how they will address
the needs of racial and ethnic minorities and other underserved
populations'' and ``to recognize and meaningfully respond to the needs
of racial and ethnic minorities and other underserved populations'' and
to ensure that each gets their fair share.
There is no set aside. There is no quota. Considering the needs of
certain communities in no way violates the Constitution's Equal
Protection Clause, and I would hope that the Members of this body would
agree with that very common sense notion.
We have consulted with outside and independent constitutional experts
and have confirmed that the Administration's last minute arguments do
not pass the legal laugh test. For example, an esteemed constitutional
scholar at the University of Texas, Professor Douglas Laycock, said the
language does not require distribution of money on the basis of race or
ethnicity, but rather requires states to be alert and ensure that
underserved racial and ethnic populations are not subject to
discrimination. ``A state cannot be confident that funds are being
administered and awarded in a nondiscriminatory way unless it examines
the treatment of racial and ethnic minorities. That is all these
provisions require.''
We have also received a letter from several other law professors who
are experts in the field, including Professor Joan Meier of the George
Washington University Law School, Professor Julie Goldscheid of the
City University of New York School of Law, Professor Sally Goldfarb of
Rutgers University School of Law, and Professor Martha Davis of the
Northeastern School of Law. These professors authoritatively state that
``referencing `racial and ethnic minorities' meets the standard most
recently laid out by the Supreme Court in Grutter v. Bollinger. [T]he
Federal Government has a compelling interest in assuring that racial
and ethnic minorities receive due consideration in the receipt of
services, or grants flowing from the Violence Against Women Act. H.R.
3402 does not create quotas or unduly favor racial and ethnic
minorities for government benefits. It simply urges that grantors give
due consideration to their needs and interests.''
Let me close by noting that in the last several weeks, some have
raised questions about the Administration's and Congress' sensitivity
to issues of race. In the aftermath of Hurricane Katrina, many openly
wondered whether it was the race of the victims of the Hurricane that
led to a sluggish federal response. The Nation watched and asked why we
had left so many people of color behind.
Today, we have a chance to respond to this issue, by telling people
of color and other minorities that if you are raped or assaulted, we
will do our best to make sure that you have support and counseling. We
will do our best to make sure that you are not victimized twice--first
by the assailant, and second by the federal bureaucracy.
I urge my colleagues on both sides of the aisle to join with me in
supporting the common sense idea of supporting these victims of rape
and violence and vote down the Manager's amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Chairman, I yield myself the balance of my
time.
Let me say that the gentleman from Michigan correctly states the law
that anything that has race-based quotas in it or set-asides is subject
to strict scrutiny by the courts.
I am afraid that if the manager's amendment goes down, there will be
a lawsuit and a temporary restraining order against disposing of any of
these funds to underserved communities, and that would be a shame. What
the manager's amendment does is err on the side of caution.
Now I point out that the bill, H.R. 357 of the 106th Congress, which
the gentleman from Michigan himself introduced, does exactly what the
manager's amendment proposes to do. And in section 651(c)(7), his bill
from the 106th Congress says underserved populations include
populations underserved because of race, ethnicity, age, disability,
sexual orientation, religion, alienage status, geographic location,
including rural isolation, language barriers, or any other populations
determined to be underserved by the State planning process.
[[Page H8469]]
Now the gentleman from Michigan has changed his position. The
manager's amendment keeps it the way it is because we know that the
money will be flowing and cannot be enjoined as a result of a
constitutional challenge irrespective of how that challenge ends up
being finally decided by the courts. I urge adoption of the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I would like to remind the gentleman that it is not me
who changed my position. The gentleman from Wisconsin supported the
amendment. The amendment that he is striking in the manager's
amendment, the gentleman supported in committee, so how can I be
changing my position, please?
I have enjoyed the friendly exchanges we have had over the years, and
I look forward to them in the future, but to threaten the House with
the fact that an injunction might hold up the entire bill, it should be
realized that for an injunction, it must be shown that there is a
reasonable chance of passage.
{time} 1615
He and I and, I think, probably the court would realize that there is
nothing, nothing, in here that would suggest that there would be set-
asides or quotas. There is nothing race-based here. He knows it; I know
it; the committee knew it. And yet last night we were beset by this
last problem. And all of the civil rights groups are arguing the same
position.
So I urge that the manager's amendment be turned back.
Ms. SOLIS. Mr. Chairman, I rise today to address the reauthorization
of the Violence Against Women Act.
While I am supportive of the underlying bill, the manager's amendment
that we will soon consider creates serious problems for women of color
who are victims of domestic violence.
This manager's amendment weakens the definition of underserved
communities so that groups that work specifically to help women of
color who are victims of domestic violence would continue to be ignored
by the grants process of the Department of Justice.
After all of the bipartisan work that has been done to produce a
balanced VAWA reauthorization, it is an outrage that at the last
minute, Republican Leadership is shortchanging women of color who are
victims of domestic violence.
When considering VAWA, we must recognize the complex problems facing
women of color, particularly immigrant women, who are victims of
domestic violence.
Women of color are less likely to report incidents of domestic
violence, which means that studies of domestic violence among
communities of color do not reflect the reality of these women's lives.
Women of color who are victims of domestic violence are at an even
greater risk when their spouses control the immigration status of their
family members.
Women of color also face institutional barriers to reporting abuse or
seeking help for domestic violence, because of restrictions on public
assistance, limited access to immigration relief, lack of translators,
scarce educational materials in the woman's native language, and other
factors.
By addressing domestic violence in these communities in a way that
understands their culture and values, we greatly increase the chance of
making a difference for women of color who are being abused.
It is my hope that the reauthorization for the Violence Against Women
Act (VAWA) is comprehensive and meets the needs of all women.
I urge my colleagues to oppose the Manager's Amendment.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I rise today in
objection to the Manager's Amendment, which would weaken the Violence
Against Women Act.
After months of bipartisan negations, H.R. 3402 came out of committee
as a balanced bill that sought to help ALL women who are victims of
violence.
With the removal of racial and ethnic minorities from the STOP grants
section, we will be denying the significant problem of violence in our
minority communities.
Unfortunately, domestic violence in our minority population is a
substantial problem that is vastly under-reported. If we wish to
eradicate violence in our communities we must proceed with policies
that address cultural and language barriers.
Our government's commitment to minorities is being questioned by
many. Passing this amendment sends a clear message that this Congress
does not care about sexual assault and domestic violence in our
communities of color.
I strongly urge my colleagues to vote ``no'' on this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Sensenbrenner).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Recorded Vote
Mr. CONYERS. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 225,
noes 191, not voting 17, as follows:
[Roll No. 499]
AYES--225
Aderholt
Akin
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boustany
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Chabot
Chocola
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Cunningham
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Rothman
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schmidt
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOES--191
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bean
Becerra
Berman
Berry
Bishop (GA)
Bishop (NY)
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Castle
Chandler
Clay
Clyburn
Conyers
Cooper
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
[[Page H8470]]
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ross
Roybal-Allard
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--17
Alexander
Berkley
Blumenauer
Boswell
Cleaver
Costa
Culberson
Davis (FL)
Gutierrez
Harman
Hunter
Melancon
Pickering
Ruppersberger
Skelton
Tancredo
Tauscher
{time} 1640
Ms. ESHOO and Mr. GRIJALVA changed their vote from ``aye'' to ``no.''
Mr. NUNES changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated against:
Mr. SKELTON. Mr. Chairman, on rollcall No. 499, had I been present, I
would have voted ``no.''
The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in House Report 109-236.
Amendment No. 2 Offered by Mr. Cuellar
Mr. CUELLAR. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Cuellar:
Page 23, after line 23, insert the following (and make such
technical and conforming changes as may be appropriate):
SEC. 106. UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE.
(a) Task Force.--(1) The Attorney General shall establish
the United States-Mexico Border Violence Task Force in
Laredo, Texas, to combat drug trafficking, violence, and
kidnapping along the border between the United States and
Mexico and to provide expertise to the law enforcement and
homeland security agencies along the border between the
United States and Mexico. The Task Force shall include
personnel from the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, Immigration and Customs Enforcement, the Drug
Enforcement Administration, Customs and Border Protection,
other Federal agencies (as appropriate), the Texas Department
of Public Safety, and local law enforcement agencies.
(2) The Attorney General shall make available funds to
provide for the ongoing administrative and technological
costs to Federal, State, and local law enforcement agencies
participating in the Task Force.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for each of the fiscal years
2006 through 2009, for--
(1) the establishment and operation of the United States-
Mexico Border Violence Task Force, and
(2) the investigation, apprehension, and prosecution of
individuals engaged in drug trafficking, violence, and
kidnapping along the border between the United States and
Mexico.
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Texas (Mr. Cuellar) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas (Mr. Cuellar).
{time} 1645
Mr. CUELLAR. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to thank the chairman of the Committee on the
Judiciary and also the ranking member. I believe this amendment is
acceptable both to the chairman and the ranking member.
Mr. Chairman, I would like to thank Judiciary Chairman Sensenbrenner
and Ranking Member Conyers for putting together a good bill that will
benefit the justice system in the United States.
Mr. Chairman, my amendment--number 40--to this bill will authorize
appropriations for the newly structured Border Violence Task Force in
Laredo, Texas.
My amendment will authorize appropriations of $10 million per year
for the duration of the bill to provide for equipment, personnel,
administrative, and technological costs. This authorization is
necessary to provide the Border Violence Task Force the resources it
needs to combat border violence.
My amendment will allow the Attorney General to designate the lead on
the Border Violence Task Force that is currently being lead by the
Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This task force is an inter-agency law enforcement effort on the
Federal, State, and local level to combat escalating violence on the
United States-Mexico border. As the largest land port of entry in the
United States, Laredo is a critical component of our Nation's economy.
I have been working with officials from both sides of the border to
help establish a collaborative solution to the violence, and the Border
Violence Task Force is the result of that effort.
Our shared border with Mexico is one of our Nation's greatest
cultural and economic assets. Unfortunately, in the past year, the
growth and security of the border region has been threatened by a wave
of violence. This violence has affected communities on both sides of
the border, and has resulted in the highly publicized kidnapping of
over 35 American citizens. If we are to restore peace and prosperity to
our border communities, we need to act now.
Last May, I organized a Border Violence Task Force in Laredo, TX, to
deal with border violence. The group included experts from the FBI; the
Alcohol, Tobacco, and Firearms; Customs and Border Protection;
Immigration and Customs Enforcement; the U.S. Marshal; the U.S.
Attorney, the DEA, the State Department, U.S. Consulate in Nuevo
Laredo, the Department of Public Safety-Narcotics, the Department of
Public Safety-Intelligence, the local Webb County Sheriff, and the
Laredo Chief of Police.
This Task Force has met a few times and the Special Agents-in-Charge
in the region have agreed to work in a joint effort to develop a plan
of action to address the escalating violence along the Mexico-United
States border in Laredo, TX.
The task force will develop initiatives and strategies dealing
specifically with the problems in the border region. The group will
work in partnership and cooperation with each other maximizing their
strengths and expertise.
This authorization represents a critical step forward for law
enforcement in the border region, and the increased security and growth
it will bring to the border will benefit communities throughout the
Nation. I urge you to support the law enforcement officers on the
United States-Mexico border who are working to keep our border
communities safe.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. CUELLAR. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, the gentleman from Texas has a great
amendment, and we are happy to accept it.
Mr. CONYERS. Mr. Chairman, will the gentleman yield?
Mr. CUELLAR. I yield to the gentleman from Michigan.
Mr. CONYERS. Mr. Chairman, we are delighted to accept the amendment
on this side.
Mr. CUELLAR. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Cuellar).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 3 printed
in House Report 109-236.
Amendment No. 3 Offered by Mr. Cuellar
Mr. CUELLAR. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Cuellar:
Page 23, after line 23, insert the following (and conform
the table of contents accordingly):
SECTION 106. NATIONAL GANG INTELLIGENCE CENTER.
(a) Establishment.--The Attorney General shall establish a
National Gang Intelligence Center and gang information
database to be housed at and administered by the Federal
Bureau of Investigation to collect, analyze, and disseminate
gang activity information from--
(1) the Federal Bureau of Investigation;
(2) the Bureau of Alcohol, Tobacco, Firearms, and
Explosives;
(3) the Drug Enforcement Administration;
(4) the Bureau of Prisons;
(5) the United States Marshals Service;
(6) the Directorate of Border and Transportation Security
of the Department of Homeland Security;
(7) the Department of Housing and Urban Development;
(8) State and local law enforcement;
(9) Federal, State, and local prosecutors;
(10) Federal, State, and local probation and parole
offices;
(11) Federal, State, and local prisons and jails; and
(12) any other entity as appropriate.
(b) Information.--The Center established under subsection
(a) shall make available
[[Page H8471]]
the information referred to in subsection (a) to--
(1) Federal, State, and local law enforcement agencies;
(2) Federal, State, and local corrections agencies and
penal institutions;
(3) Federal, State, and local prosecutorial agencies; and
(4) any other entity as appropriate.
(c) Annual Report.--The Center established under subsection
(a) shall annually submit to Congress a report on gang
activity.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 2006 and for each fiscal year thereafter.
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Texas (Mr. Cuellar) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas (Mr. Cuellar).
Mr. CUELLAR. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, my amendment to H.R. 3402--number 39--will authorize
the Federal Bureau of Investigation National Gang Intelligence Center.
This effort builds upon a $10 million appropriation given in fiscal
year 2005 for the establishment of such a center, and will permanently
ensure the presence and operation of this critical information network.
A version of this amendment was unanimously approved in H.R. 1279,
the Gang Deterrence and Community Protection Act of 2005.
My amendment adds $10 million in authorization for the National Gang
Intelligence Center for each fiscal year of the bill, which mirrors the
$10 million appropriation given for fiscal year 2005.
In order to fully encompass the scope of gang intelligence collection
and capabilities, my amendment not only includes collection and
dissemination involving law enforcement from Federal, State, and local
agencies, but also corrections agencies and penal institutions at the
Federal, State and local levels.
The addition of these components will allow for intelligence
gathering from entities involved in post-prosecution activities such as
community-based corrections and incarceration.
My Congressional District, the 28th of Texas, is both rural and
urban, and has the added concerns of the violence and drug trafficking
along the U.S.-Mexico border. Along the border there is violence in
Nuevo Laredo in Mexico that spills over into Laredo, in my district.
For the pervasive gang problem, we definitely need a system of
intelligence collection and sharing.
Increasingly, gangs operate on an interstate and even international
level. Our law enforcement agencies are often handicapped in their gang
enforcement efforts by a lack of clear communication and ready
information. What is needed is a central clearinghouse, to coordinate
the efforts of various law enforcement and corrections agencies to
combat violent gang activity. An information-oriented approach to gang
violence has been highly effective in my home State of Texas, and I am
confident that it will be effective on a national level as well.
I urge passage of my amendment that will help our Nation's law
enforcement professionals keep the tools they need to keep our
communities safe.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. CUELLAR. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, this is also a very good amendment.
The gentleman is batting 1.000 and ought to play for the Red Sox. We
are happy to accept it.
Mr. CONYERS. Mr. Chairman, will the gentleman yield.
Mr. CUELLAR. I yield to the gentleman from Michigan.
Mr. CONYERS. Mr. Chairman, is this the amendment that authorizes the
FBI National Gang Intelligence Center?
Mr. CUELLAR. That is correct.
Mr. CONYERS. Mr. Chairman, I am happy to accept the amendment.
Mr. CUELLAR. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Cuellar).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 4 printed
in House Report 109-236.
Amendment No. 4 Offered by Mr. Poe
Mr. POE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Poe:
Page 57, line 23, insert ``(a) In General.--''.
Page 59, after line 6, insert the following new
subsections:
(b) Additional Amendments.--
(1) Section 1402 (42 U.S.C. 10601) is amended--
(A) in subsection (b)--
(i) in paragraph (4), by striking ``and'' at the end;
(ii) in paragraph (5), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(6) Amounts deposited pursuant to section 3612(c)(2),
3663(c)(3)(B), or 3663A(c)(3)(A) of title 18, United States
Code.'';
(B) by amending subsection (c) to read as follows:
``(c)(1) Notwithstanding any other provision of law, the
total amount to be distributed from the Fund in any fiscal
year shall be an amount equal to the sum of the amounts
required under subsection (d).
``(2) In each fiscal year, the Director shall distribute
amounts from the Fund in accordance with subsection (d). All
sums not distributed during a fiscal year shall remain in
reserve in the Fund to be distributed during a subsequent
fiscal year. Notwithstanding any other provision of law, all
sums deposited in the Fund that are not distributed shall
remain in reserve in the Fund for obligation in future fiscal
years, without fiscal year limitation.'';
(C) in subsection (d), by amending paragraph (2) to read as
follows:
``(2) $20,000,000 shall be available for grants under
section 1404A.'';
(D) in subsection (d)(3), by striking ``Of the sums'' and
all that follows through ``such sums'' and inserting ``Such
sums'';
(E) in subsection (d)(4)(A), by striking ``47.5 percent
shall be available'' and inserting ``such sums as may be
necessary'';
(F) in subsection (d)(4)(B), by striking ``47.5 percent
shall be available'' and inserting ``such sums as may be
necessary'';
(G) in subsection (d)(4)(C), by striking ``5 percent shall
be available'' and inserting ``such sums as may be
necessary''; and
(H) by adding at the end the following new subsection:
``(f) In any fiscal year in which the amount in the Fund is
less than the total amount required under subsection (d),
there shall be transferred into the Fund an amount equal to
such additional sums as may be required to fully fund grants
under subsection (d) from the following:
``(1) Civil or administrative fines, forfeitures or other
monetary penalties or assessments collected from persons
adjudged to have violated any of the laws or regulations of
the United States.
``(2) Penalties and damages obtained and otherwise
creditable to miscellaneous receipts of the general fund of
the Treasury obtained under sections 3729 through 2722 of
title 31 (known as the False Claims Act), other than funds
awarded to a relator or for restitution.''.
(2) Section 1403 (42 U.S.C. 10602) is amended--
(A) in subsection (a)(1), by striking ``Except as provided
in paragraph (2), the Director'' and inserting ``The
Director''; and
(B) in subsection (a), by striking paragraph (2).
(3) Section 1404 (42 U.S.C. 10603) is amended--
(A) in subsection (a)(1) by striking ``Subject to'' and all
that follows through the period at the end and inserting
``The Director shall make an annual grant from the Fund to
the chief executive of each State for the financial support
of eligible crime victim assistance programs. Each grant
shall be the average amount of the grants made for this
purpose during the previous three fiscal years plus 5
percent.''; and
(B) in subsection (c)(2) by inserting ``The total amount
available for grants under this subsection shall be the
average amount available for this purpose during the previous
three fiscal years plus 5 percent.'' before ``Of the
amount''.
(4) Section 1407 (42 U.S.C. 10604) is amended--
(A) in subsection (g), by inserting after ``effectiveness''
the following: ``, including measurable results,''; and
(B) by adding at the end the following new subsection:
``(i)(1) Every recipient of funds under this chapter shall
submit an annual report to the Director in such fashion as
the Director directs. The report shall include the amounts
expended, quantitative data on the numbers of victims served,
types of services provided and other supported activities,
measurable results on the services and activities provided,
and such other information as the Director may require. The
Director may terminate or suspend current or future payments
to recipients of funds under this chapter for failure to
provide the Director with complete, accurate and timely
information as required under this subsection.
``(2) The Director may request the cooperation and
assistance of other Federal agencies in obtaining the
information required under this subsection. The other
agencies shall comply with all reasonable requests made by
the Director, including the submission of information
requested under paragraph (1).''.
(c) Conforming Amendments.--
(1) Section 3663 of title 18, United States Code, is
amended--
(A) in subsection (c)(1), by striking ``described in'' and
all that follows through ``863),'';
(B) in subsection (c)(3)--
(i) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), and indenting appropriately;
[[Page H8472]]
(ii) by inserting before clause (i) (as so redesignated)
the following new paragraph:
``(A) If the defendant was convicted of an offense
described in section 401, 408(a), 409, 416, 420, or 422(a) of
the Controlled Substances Act (21 U.S.C. 841, 848 (a), 849,
856, 861, 863):''; and
(iii) by adding at the end the following new subparagraph:
``(B) For all other offenses, restitution shall be
deposited into the fund established under section 1402 of the
Victims of Crime Act of 1984 (42 U.S.C. 10601).''.
(2) Section 3663A of title 18, United States Code, is
amended in subsection (c)(3)(A) by inserting before the
semicolon the following: ``, in which case the court may
order restitution to be paid into the fund established under
section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601)''.
(3) Section 3612 of title 18, United States Code, is
amended in subsection (c)(2) by adding at the end the
following: ``If, for any reason, the money received from a
defendant cannot be disbursed to the person to whom the
restitution is ordered to be paid, the amount collected shall
be deposited into the fund established under section 1402 of
the Victims of Crime Act of 1984 (42 U.S.C. 10601). If such
person subsequently makes a valid claim for such payment, the
payment shall be made from the fund established under section
1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601).''.
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Texas (Mr. Poe) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas (Mr. Poe).
Mr. POE. Mr. Chairman, I yield myself such time as I may consume.
(Mr. POE asked and was given permission to revise and extend his
remarks.)
Mr. POE. Mr. Chairman, I am offering this amendment to bring much-
needed reform to the Crime Victims Fund. The Crime Victims Fund was
created as a result of the Victims of Crime Act, called VOCA, that was
signed into law during the 1980s.
The purpose of this fund is to make criminals pay for their crime by
funding direct services and compensations to victims of crime. This
fund is completely paid for by criminal fees and forfeiture. Taxpayer
money is not used. As time progressed, Congress began tinkering with
VOCA and funding priorities started to shift away from helping victims
and toward funding Federal bureaucracies.
All the money collected by the Federal Government from criminal fees
goes into the Crime Victims Fund; and each year, that money is
distributed to several funding streams to help the victims of crime.
The fund sends money to the U.S. Attorney's Office, the FBI, a Federal
victim notification system, State victim compensation programs, and
direct victim assistance service providers.
Since 2000, the Appropriations Committees have been limiting how much
of these funds can be used each year. The U.S. Attorney's, FBI and
other bureaucratic programs are paid first, which means that direct
victim assistance funding gets whatever is left over. At times, this
has resulted in cuts to these critical victims assistance programs.
This money pays for the salaries of victim advocates and counselors,
domestic violence shelters, children's assessment centers, hospital and
attorney fees for underprivileged victims, and other services directly
impacting victims.
The Poe amendment seeks to strike a reasonable balance between the
needs of the victims' field for stable, assured funding and the
realities of the appropriations and budget processes. It seeks to
guarantee the original, primary purpose of the Crime Victims Fund--to
support state and local victim services. At the very least, this
amendment assures we give victims' assistance and compensation programs
the same budgeting priority as the federal agencies and bureaucracy.
Mr. Chairman, I want to thank you for your leadership in giving
victims a higher priority in Congress. Your leadership helped pass the
Child Safety Act that provides greater protections for America's
children from Child Predators. You also committed to protecting VOCA
from the Administration's plan for rescinding all of the money in the
Crime Victims Fund and placing it in the general Treasury--balancing
the budget on the backs of crime victims. And I appreciate your
willingness to work with me to better prioritize the Crime Victims
Fund. It is my goal to bring about reforms to the Victims of Crime Act
that restores the original spirit of the law and puts victims ahead of
bureaucracy.
Mr. Chairman, I am withdrawing my amendment and look forward to
working with you as this bill moves towards Conference.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. POE. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, while I recognize the gentleman's
amendment is well intentioned, I have concerns about changing the caps
under VOCA, and I want to make sure that there is a reserve fund for
victims of crime to ensure that their needs are met.
If the gentleman will withdraw his amendment, I think we can work on
this issue down the road to address his concerns.
Mr. POE. Mr. Chairman, I ask unanimous consent to withdraw my
amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Texas?
There was no objection.
The CHAIRMAN. It is now in order to consider amendment No. 5 printed
in House Report 109-236.
Amendment No. 5 Offered by Mr. Capuano
Mr. CAPUANO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Capuano:
Page 61, after line 20, insert the following (and conform
the table of contents accordingly):
SEC. 226. GRANTS FOR YOUNG WITNESS ASSISTANCE.
(a) In General.--The Attorney General, acting through the
Bureau of Justice Assistance, may make grants to State and
local prosecutors and law enforcement agencies in support of
juvenile and young adult witness assistance programs.
(b) Use of Funds.--Grants made available under this section
may be used--
(1) to assess the needs of juvenile and young adult
witnesses;
(2) to develop appropriate program goals and objectives;
and
(3) to develop and administer a variety of witness
assistance services, which includes--
(A) counseling services to young witnesses dealing with
trauma associated in witnessing a violent crime;
(B) pre- and post-trial assistance for the youth and their
family;
(C) providing education services if the child is removed
from or changes their school for safety concerns;
(D) protective services for young witnesses and their
families when a serious threat of harm from the perpetrators
or their associates is made; and
(E) community outreach and school-based initiatives that
stimulate and maintain public awareness and support.
(c) Definitions.--In this section:
(1) The term ``juvenile'' means an individual who is age 17
or younger.
(2) The term ``young adult'' means an individual who is age
21 or younger but not a juvenile.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $3,000,000 for
each of fiscal years 2006 through 2009.
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Massachusetts (Mr. Capuano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Massachusetts (Mr. Capuano).
Mr. CAPUANO. Mr. Chairman, I yield myself such time as I may consume.
This is a very simple amendment that will simply specifically
authorize the Attorney General to make grants to State and local
prosecutors and law enforcement agencies to help the young witnesses
that have the courage and temerity to stand up to crime when they see
it, to do the right thing in their community.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. CAPUANO. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, this is also a very good amendment.
The gentleman from Massachusetts is also batting 1.000. We are happy to
accept it, and he should play for the Red Sox, too.
Mr. CAPUANO. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Capuano).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 6 printed
in House Report 109-236.
Amendment No. 6 Offered by Mr. Kennedy of Minnesota
Mr. KENNEDY of Minnesota. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
[[Page H8473]]
Amendment No. 6 offered by Mr. Kennedy of Minnesota:
Page 64, after line 2, insert the following new section
(and conform the table of contents accordingly):
SEC. 235. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT
PROGRAM FOR STATE PRISONERS.
(a) Enhanced Drug Screenings Requirement.--Subsection (b)
of section 1902 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ff--1(b)) is amended to read as
follows:
``(b) Substance Abuse Testing Requirement.--To be eligible
to receive funds under this part, a State must agree--
``(1) to implement or continue to require urinalysis or
other proven reliable forms of testing, including both
periodic and random testing--
``(A) of an individual before the individual enters a
residential substance abuse treatment program and during the
period in which the individual participates in the treatment
program; and
``(B) of an individual released from a residential
substance abuse treatment program if the individual remains
in the custody of the State; and
``(2) to require, as a condition of participation in the
treatment program, that such testing indicate that the
individual has not used a controlled substance for at least
the three-month period prior to the date the individual
receives such testing to enter the treatment program.''.
(b) Aftercare Services Requirement.--Subsection (c) of such
section is amended--
(1) in the matter preceding paragraph (1), by striking
``Eligibility for Preference With After Care Component'' and
inserting ``Aftercare Services Requirement''; and
(2) in paragraph (1), by striking ``To be eligible for a
preference under this part'' and inserting ``To be eligible
to receive funds under this part''.
(c) Priority for Partnerships With Community-Based Drug
Treatment Programs.--Section 1903 of such Act (42 U.S.C.
3796ff--2) is amended by adding at the end the following new
subsection:
``(e) Priority for Partnerships With Community-Based Drug
Treatment Programs.--In considering an application submitted
by a State under section 1902, the Attorney General shall
give priority to an application that involves a partnership
between the State and a community-based drug treatment
program within the State.''.
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Minnesota (Mr. Kennedy) and the gentleman from Michigan (Mr. Conyers)
each will control 5 minutes.
The Chair recognizes the gentleman from Minnesota (Mr. Kennedy).
Mr. KENNEDY of Minnesota. Mr. Chairman, I yield myself such time as I
may consume.
I have often spoken about the tragic story of a young lady named
Megan from a beautiful town in my home State of Minnesota. She got
started on meth when she was in the seventh grade at the age of 13 and,
like too many other female addicts, she was exploited into becoming a
prostitute to pay for her meth that she craved every second of the day.
Megan is managing to pull her life back together now, after the 5
years that meth stole from her, with the help of her family, her
friends, and through substance abuse treatment programs.
Mr. Chairman, about one in five of those in treatment for
methamphetamine use in the State of Minnesota are 17 years old or
younger.
That's a shocking statistic: one in five are younger than 17 years
old. That means before they can vote, and just barely after they get
their driver's licenses, 20 percent of those seeking help for substance
abuse and addiction are our children.
Mr. Chairman, in some parts of Minnesota 80-90 percent of prisoners
are meth users. This is a statistic illuminates the crushing pressures
meth is putting on our state and local governments.
Mr. Chairman, many of my colleagues may not have heard of the
Residential Substance Abuse Treatment for State Prisoners (RSAT) Grant
program, but they should know that it is one of the most important
tools in the toolbox to help the victims of substance abuse fight and
beat their addiction.
But my amendment is important because it recognizes that our
resources are limited. We need to make sure that individuals who are
involved in substance abuse treatment want to be there. We can do that
by making sure they are ``clean'' when they enter treatment.
The Kennedy amendment to the RSAT program provides a requirement that
treatment be available to those individuals who have passed a regularly
administered drug-screening test for three months. The Amendment also
provides that aftercare be provided to prisoners enrolled in the RSAT
program as a component of comprehensive substance abuse treatment.
Drug treatment will not work for those who are still addicted or who
are still using, but it will help those who are ready to seek help and
work to beat their addiction.
My amendment also recognizes that when a substance abuser finishes a
treatment program, he or she isn't at the end of the recovery process,
he or she is actually at the end of the beginning of it. Aftercare is a
critical part of substance abuse treatment, and my amendment recognizes
that.
These improvements are consistent with best practices for substance
abuse and they respond to the important needs and nearly crippling
demands on our drug treatment systems.
As Members of Congress, in the face of so much suffering, we have an
obligation to act.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. KENNEDY of Minnesota. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, this is also a very good amendment,
and I am pleased to accept it.
Mr. KENNEDY of Minnesota. Mr. Chairman, reclaiming my time, I
appreciate the chairman's accepting the amendment. I also want to
recognize that the gentlewoman from Oregon (Ms. Hooley) is here in
support of the amendment as well.
Ms. HOOLEY. Mr. Chairman, will the gentleman yield?
Mr. KENNEDY of Minnesota. I yield to the gentlewoman from Oregon.
Ms. HOOLEY. Mr. Chairman, I rise in support of this amendment.
I was talking to a gentleman the other day, and he was talking about
his daughter who was addicted to methamphetamine. She had six children,
and all of the children are now living with someone else. The mother
spent more time in prison than she had out on the streets.
It is important that we have this kind of a treatment program for
those in prison. I thank the gentleman for yielding, and I thank him
for the amendment.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I support after-care to prisoners enrolled in the RSAT
program, but the problem with the amendment is that it contains the
irrational requirement that the individuals must be drug-free in order
to be eligible for a substance abuse program. Please. If they are drug-
free, they will not have to use a substance abuse program. So this
requirement in the well-intended amendment defeats the very purpose of
a substance abuse program, which is to help drug-addicted individuals
overcome drug abuse. For that reason, I cannot join in the support of
it.
Mr. Chairman, I yield back the balance of my time.
Mr. KENNEDY of Minnesota. Mr. Chairman, I yield back the balance of
my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Kennedy).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 7 printed
in House Report 109-236.
Amendment No. 7 Offered by Ms. Ginny Brown-Waite of Florida
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Ms. Ginny Brown-Waite of
Florida:
Page 104, after line 14, insert the following new section:
SECTION 323. STUDY AND REPORT ON CORRELATION BETWEEN
SUBSTANCE ABUSE AND DOMESTIC VIOLENCE AT
DOMESTIC VIOLENCE SHELTERS.
The Secretary of Health and Human Services shall carry out
a study on the correlation between a perpetrator's drug and
alcohol abuse and the reported incidence of domestic violence
at domestic violence shelters. The study shall cover fiscal
years 2006 through 2008. Not later than February 2009, The
Secretary shall submit to Congress a report on the results of
the study.
The CHAIRMAN. Pursuant to House Resolution 462, the gentlewoman from
Florida (Ms. Ginny Brown-Waite) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from Florida (Ms. Ginny Brown-
Waite).
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I yield myself such
time as I may consume.
My amendment requires the Secretary of Health and Human Services to
report to Congress on the correlation between a perpetrator's drug or
alcohol abuse and the reported incidence of domestic violence.
[[Page H8474]]
I rise today to offer an amendment to the Department of Justice
Authorization Act. As you know, this bill includes provision that
reauthorize the successful Violence Against Women Act (VAWA).
As the Republican Co-Chair of the Congressional Caucus for Women's
Issues, I wholeheartedly support VAWA 2005 because it faithfully
reauthorizes existing programs that work and it sets forth new and
innovative ideas. Since VAWA was first passed in 1994, the rate of
domestic violence against females over the age of 12 in the U.S. has
declined each year.
While great strides have been made in breaking the vicious cycle of
domestic violence in this country, there is much more to be done. Too
many people continue to be abused and victimized by family members whom
they should be able to trust.
When VAWA 2005 was drafted, I was disturbed by the lack of
information available to Members of Congress on the correlation between
a perpetrator's drug and alcohol abuse and incidence of domestic
violence. My amendment seeks to fill this gap in time for the next
reauthorization of VAWA in 2010.
Intuitively, the connection between substance abuse and physical
abuse of a spouse or family member seems obvious. While Congress can be
guided by intuition, ultimately we need hard data to help shape future
policy decisions. Currently, there is an absence of nationally complied
data examining the strength of this connection.
My amendment requires the Secretary of Health and Human Services to
report to Congress on the correlation between a perpetrator's drug and
alcohol abuse and the reported incidence of domestic violence.
I urge support of my amendment to the 2005 Department of Justice
Authorization Act.
Mr. SENSENBRENNER. Mr. Chairman, will the gentlewoman yield?
Ms. GINNY BROWN-WAITE of Florida. I yield to the gentleman from
Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, this is a very good amendment, and I
am pleased to accept it.
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I appreciate the
gentleman accepting the amendment.
Mr. CONYERS. Mr. Chairman, will the gentlewoman yield?
Ms. GINNY BROWN-WAITE of Florida. I yield to the gentleman from
Michigan.
Mr. CONYERS. Mr. Chairman, because this amendment supports the
efforts to investigate domestic violence and collect data that will
help define the next step for Congress to put an end to domestic
violence entirely, I am happy to support the amendment.
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I yield back the
balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Ginny Brown-Waite).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 8 printed
in House Report 109-236.
Amendment No. 8 Offered by Ms. Slaughter
Ms. SLAUGHTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 8 offered by Ms. Slaughter:
Page 104, after line 14, insert the following new section:
SEC. 323. EMERGENCY AUTHORITY OF STATE OR LOCAL LAW
ENFORCEMENT AGENCY TO GATHER OR RECEIVE
EVIDENCE FOR LAW ENFORCEMENT PURPOSES OUTSIDE
THE TERRITORIAL JURISDICTION OF THE AGENCY.
(a) In General.--Notwithstanding any other State, local, or
tribal law to the contrary, each State, local, or tribal law
enforcement agency may, for law enforcement purposes, gather
or receive evidence at any place within the United States as
the nature of its mission may require, upon a finding by the
head of the agency (or, if the head of the agency is
unavailable, the person authorized by law to act as head)
that, because of emergency conditions, the ability of that
agency to carry out its mission, or the ability of victims
within the territorial jurisdiction of that agency or of any
other such agency to obtain justice, has been substantially
impaired.
(b) Coordination.--The Office of Victims of Crime, working
in consultation with national, State, and local domestic
violence, sexual violence, and stalking non-profit, non-
governmental organizations, and in collaboration with the
Department of Health and Human Services and other appropriate
Federal agencies, shall develop and implement a plan under
which the Office--
(1) coordinates the activities of law enforcement agencies
under subsection (a); and
(2) coordinates, and provides information and assistance
to, victims, service providers, and law enforcement officials
as contemplated by subsection (a).
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Office of Victims of Crime shall
submit to Congress a report on the plan required by
subsection (b).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
The CHAIRMAN. Pursuant to House Resolution 462, the gentlewoman from
New York (Ms. Slaughter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from New York (Ms. Slaughter).
Ms. SLAUGHTER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I intend to withdraw this amendment and ask to engage
the chairman in a colloquy.
My amendment would require law enforcement authorities to be able to
file reports and collect evidence when a violent crime has been
committed during an emergency, even if the crime occurred outside their
jurisdiction.
It would also require the Office for Victims of Crime working with
national, State, and local authorities and in collaboration with other
Federal agencies to develop and implement a plan that allows law
enforcement officials to gather evidence of a crime during times of
emergency and inform victims and law enforcement officials about these
available mechanisms.
The intent of the amendment is to put systems in place to assist
victims and law enforcement officials to better respond to crimes
committed against vulnerable people during times of national crisis.
The chaos following Hurricane Katrina produced an especially fertile
breeding ground for violent crime. At evacuation centers such as the
Superdome and convention center, and on the streets of New Orleans,
there were unofficial reports of sexual assaults, armed robbery,
murder, child molestation, and looting.
While the true number of crimes that took place is unclear, we do
know that many will not be subject to criminal prosecution because the
victims and witnesses had no place to report the crime.
{time} 1700
The problem was compounded by the fact that once evacuated they were
no longer located in the jurisdiction where the crimes occurred. And
most local law enforcement officials do not have the authority to take
the crime report if it occurred outside their jurisdiction.
Mr. SENSENBRENNER. Mr. Chairman, will the gentlewoman yield?
Ms. SLAUGHTER. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. I appreciate the gentlewoman yielding, Mr.
Chairman.
I think the gentlewoman's amendment is very well intentioned;
however, there are both constitutional and practical problems that
arise in the manner in which it has been drafted. If the gentlewoman
will withdraw her amendment, I will work with her to try to put
something that will pass constitutional muster and will not cause
practical problems between jurisdiction in the final version of the
bill.
Ms. SLAUGHTER. I thank the chairman for this colloquy, and I look
forward to working with him in conference.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from New York?
There was no objection.
The CHAIRMAN. It is now in order to consider amendment No. 9 printed
in House Report 109-236.
Amendment No. 9 Offered by Mr. Kolbe
Mr. KOLBE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 offered by Mr. Kolbe:
At the end of title III, add the following (and amend the
table of contents accordingly):
SEC. __. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM.
(a) Authorization of Appropriations.--Section 241(i)(5) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is
amended by striking ``appropriated'' and all that follows
through the period and inserting the
[[Page H8475]]
following: ``appropriated to carry out this subsection--
``(A) such sums as may be necessary for fiscal year 2005;
``(B) $750,000,000 for fiscal year 2006;
``(C) $850,000,000 for fiscal year 2007; and
``(D) $950,000,000 for each of the fiscal years 2008
through 2011.''.
(b) Limitation on Use of Funds.--Section 241(i)(6) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is
amended to read as follows:
``(6) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (5) that are distributed to a
State or political subdivision of a State, including a
municipality, may be used only for correctional purposes.''.
(c) Study and Report on State and Local Assistance in
Incarcerating Undocumented Criminal Aliens.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
United States Department of Justice shall perform a study,
and report to the Committee on the Judiciary of the United
States House of Representatives and the Committee on the
Judiciary of the United States Senate on the following:
(A) Whether there are States, or political subdivisions of
a State, that have received compensation under section 241(i)
of the Immigration and Nationality Act (8 U.S.C. 1231(i)) and
are not fully cooperating in the Department of Homeland
Security's efforts to remove from the United States
undocumented criminal aliens (as defined in paragraph (3) of
such section).
(B) Whether there are States, or political subdivisions of
a State, that have received compensation under section 241(i)
of the Immigration and Nationality Act (8 U.S.C. 1231(i)) and
that have in effect a policy that violates section 642 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1373).
(C) The number of criminal offenses that have been
committed by aliens unlawfully present in the United States
after having been apprehended by States or local law
enforcement officials for a criminal offense and subsequently
being released without being referred to the Department of
Homeland Security for removal from the United States.
(D) The number of aliens described in subparagraph (C) who
were released because the State or political subdivision
lacked space or funds for detention of the alien.
(2) Identification.--In the report submitted under
paragraph (1), the Inspector General of the United States
Department of Justice--
(A) shall include a list identifying each State or
political subdivision of a State that is determined to be
described in subparagraph (A) or (B) of paragraph (1); and
(B) shall include a copy of any written policy determined
to be described in subparagraph (B).
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Arizona (Mr. Kolbe) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Kolbe).
Mr. KOLBE. Mr. Chairman, I rise to urge Members to support this
amendment. I want to thank the gentleman from California (Mr. Dreier)
and the gentleman from California (Mr. Lewis) for joining me in
sponsoring this important amendment. I am glad we have been able to
come to an agreement with the gentleman from Wisconsin (Mr.
Sensenbrenner) to craft an amendment that both ensures the Federal
Government assumes more of its responsibility for incarcerating
undocumented criminal aliens while also addressing concerns some
Members have regarding the way these funds are spent.
My State of Arizona has been the doormat of the country for illegal
immigration. The Federal Government has failed to secure our borders
and reform our broken immigration system.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. KOLBE. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, I believe that the SCAAP program is
a very important program in providing reimbursements to those States
that do have to incarcerate criminal illegal aliens. I am pleased to
support his amendment and would urge that we promptly adopt it.
Mr. KOLBE. Mr. Chairman, I will abbreviate my remarks. I just want to
be able to say because Arizona has been at the forefront of this
problem for so long and had more than 50 percent of all the
apprehensions in our State that this is extraordinarily important.
The amendment does increase the authorizations through fiscal year
2011 from the current to $750 million in 2006 and $850 million in 2007
and $950 million in 2008. So I believe these provisions are
extraordinarily important to us as well as the provisions which at the
behest of the gentleman from Wisconsin we have added regarding how
these funds are spent and to look at them.
Mr. CONYERS. Mr. Chairman, will the gentleman yield?
Mr. KOLBE. I yield to the gentleman from Michigan.
Mr. CONYERS. Mr. Chairman, I join in supporting the amendment because
it ensures full funding for the State Criminal Alien Assistance
Program. I commend the gentleman on his amendment.
Mr. KOLBE. I thank the gentleman for his statement in support.
Mr. Chairman, I yield to the gentleman from California (Mr.
Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, we have been working in the State of
California for a long time on this bill. I thank the gentleman from
Wisconsin (Mr. Sensenbrenner). It is a good bill. We appreciate the
compromise that was made. I rise in strong support.
Mr. KOLBE. Mr. Chairman, I yield to the gentleman from California
(Mr. Lewis),the distinguished chairman of the Committee on
Appropriations.
(Mr. LEWIS of California asked and was given permission to revise and
extend his remarks.)
Mr. LEWIS of California. Mr. Chairman, I rise to express my support
of the work of both the gentleman from Arizona (Mr. Kolbe) and the
gentleman from California (Mr. Dreier) on this very important matter.
They have done great work together. I appreciate it.
Mr. Chairman, I want to thank my colleagues Jim Kolbe and David
Dreier for taking the lead on this extremely important measure. This
amendment is about meeting federal responsibilities, about fairness to
our states, and about making sure federal policies make our streets
safer, not more dangerous.
There can be no debate that immigration is a federal responsibility.
The Supreme Court has ruled again and again that the states cannot take
the lead on immigration, even if they want to. Every President has
insisted that the federal government must control, and be responsible
for, immigration. And Congress throughout history has passed laws that
ensure we will help states cover the costs of immigration.
I want my colleagues to understand this point: The SCAAP fund is not
a grant program. We are reimbursing State and local governments for
money they have already spent to arrest, process and incarcerate
criminal aliens. These aliens should not be here, creating a burden on
our society. We all agree that if the federal government was protecting
our borders effectively, this would not be the problem it is.
Yet every year, more than $635 million is spent by California and our
local governments to incarcerate criminal aliens. This is not an
estimate--to qualify for SCAAP, the states must clearly document their
costs and get federal verification that the convicts are aliens.
Nationwide, the costs are nearly $2 billion a year to jail more than
200,000 criminal aliens in state and local lockups.
Let me be clear on this: This is $2 billion that has been spent on
criminals who everyone agrees are federal responsibilities. This is $2
billion that is not being spent by states, counties and cities on more
law enforcement officers, better courts and reducing the prison
population.
This is not a partisan matter. When Mr. Kolbe and Mr. Dreier
introduced an amendment to increase SCAAP reimbursements this year, it
was passed easily in a bipartisan vote. The Senate has passed this
reauthorization legislation unanimously. It is time for Congress to
reaffirm this federal responsibility. Please vote for the Kolbe-Dreier-
Lewis amendment.
Mr. KOLBE. Mr. Chairman, I appreciate the chairman of the Committee
on Appropriations for co-sponsoring this amendment with me. It means a
great deal.
Mr. Chairman, I yield to the gentleman from California (Mr. Dreier),
the chairman of the Committee on Rules, who has been instrumental in
helping to craft this amendment.
Mr. DREIER. Mr. Chairman, I thank my friend for yielding. I rise in
very strong support of this amendment. I am proud to join with the
gentleman from California (Mr. Lewis) and the gentleman from Arizona
(Mr. Kolbe) in co-sponsoring it. The gentleman from Arizona (Mr. Kolbe)
and I had an amendment that increased by $50 million in the
appropriations bill, having worked closely with the Committee on
Appropriations, for the reimbursement to the States for the
incarceration of illegal immigrant felons.
Obviously, this is a very pressing challenge. The sheriff of Los
Angeles County has told me that it costs $150
[[Page H8476]]
million a year simply for the incarceration of criminals who are in
this country illegally, and in light of that fact, is making sure that
we realize that the States, the States have been shouldering this
burden. Policing our borders is a Federal responsibility. It is not the
responsibility of cities, counties, or States. And that is why I
believe that ensuring that States that have already paid, already paid
for this tremendous cost, should be reimbursed.
There are those who believe that this is somehow money that is moving
ahead and it is fungible so they can spend it on something else. These
are dollars that have already been expended. So that is why this
amendment is very important, to make sure that as we proceed with this
very difficult challenge of border security and immigration reform that
we pass this. I thank my friends on both sides of the aisle for the
strong support in this effort.
Mr. KOLBE. Mr. Chairman, I thank the gentleman for his comments, and
I appreciate the support of all the Members who have risen today.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Arizona (Mr. Kolbe).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 10 printed
in House Report 109-236.
Amendment No. 10 Offered by Mr. King of Iowa
Mr. KING of Iowa. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 10 offered by Mr. King of Iowa:
Page 302, after line 3, insert the following (and amend the
table of contents accordingly):
SEC. 940. PROHIBITING ABUSERS FROM SPONSORING FAMILY
IMMIGRANTS.
Section 204 of the Immigration and Nationality Act (8
U.S.C. 1154) is amended by adding at the end the following:
``(l) Notwithstanding subsection (a), a petition may not be
approved under subparagraph (A) or (B) of such subsection if
the petition is submitted by a person convicted of a crime
described in paragraph (5), (7), (8), (21), or (22) of
section 2000B of the Omnibus Crime Control and Safe Streets
Act of 1968.''.
Page 302, line 4, strike ``940..'' and insert ``941.''
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Iowa (Mr. King) and the gentleman from Michigan (Mr. Conyers) each will
control 5 minutes.
The Chair recognizes the gentleman from Iowa (Mr. King).
Mr. KING of Iowa. Mr. Chairman, I yield myself such time as I may
consume.
My amendment would prohibit any person convicted of crimes of
domestic violence as defined by the Violence Against Women Act from
sponsoring the visa application of a foreigner.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. KING of Iowa. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, I believe this amendment is a very
constructive amendment, and I am happy to accept it.
Mr. KING of Iowa. Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
The simple problem with the amendment, although well intended, is
that it would also apply to some victims of domestic violence as well
as the abusers. Victims sometimes have conviction records for minor
domestic violence offenses because police who arrive at the scene of a
dispute charge both parties with violent offenses, even though it may
later become clear that one party is just a victim, not an abuser.
In addition, battered immigrant women who are arrested sometimes
receive bad legal advice and are often likely to take a plea offer even
when they did nothing wrong. These victims should be exempted from the
effects of this amendment; and because they are not, I reluctantly
oppose the amendment.
Mr. Chairman, I support the intent of the gentleman from Iowa's
amendment, which is to ensure that persons who have been convicted of
certain types of abuse be prevented from sponsoring the immigration of
family members whom they may, in turn, abuse.
However, while noble in its intent, this amendment is overly broad
and could have serious, negative, unintended consequences on innocent
immigrants, as it is currently drafted.
First, the amendment makes no distinction as to the degree of the
crime or rehabilitation of the offender. A person with a 30-year-old
misdemeanor conviction of assault who has successfully completed a
domestic violence rehabilitation program, has no further domestic
violence convictions and has no other record of violent crime is barred
from sponsoring family members just as an abuser with a string of
domestic violence convictions culminating in the murder of his wife
would be barred.
Second, the amendment does not specify where the crime must have been
committed. It may well require DHS to ask foreign governments to
investigate and reveal the criminal histories of U.S. legal permanent
residents and citizens who have lived in other countries and are now
trying to sponsor a family member. This could include countries with
long histories of politically motivated persecution or human rights
abuses--such as Cuba, Sudan, or Iran--and inquire about the criminal
history of one of their citizens who has received asylum or refugee
status here due to persecution they suffered in that country. Not only
might this lead to inaccurate information from untrustworthy
governments, but it also may lead to reprisals against the family
members of refugees who fled persecution by the foreign government.
Third, this amendment will also apply to some victims of domestic
violence as well as the abusers. Victims sometimes have conviction
records for minor domestic violence offenses because police who arrive
at the scene of a dispute charge both parties with violent offenses,
even though it may later become clear that one party is just a victim,
not an abuser. Furthermore, battered immigrant women who are arrested
often receive bad legal advice and are often likely to take a plea
offer, even when they did nothing wrong. These victims should be
exempted from the effects of this amendment.
The safety of immigrant victims can be enhanced by expanding their
support system to include close family members. We should not bar
victims of domestic violence from sponsoring their children, siblings
and other close relatives. If this amendment passes as it is, it will
do just that.
Mr. Chairman, I am not encouraging opposition to the King amendment
today. However, should the House adopt this amendment, I hope that the
House Conferees will work with our colleagues in the other body to
ensure that the unintended negative consequences of the amendment are
mitigated, while still preserving the vision that is embodied within
it.
Mr. Chairman, I yield back the balance of my time.
Mr. KING of Iowa. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would say in response to that that we have real
victims in the cemeteries in America because they have been allowed,
already having committed the crime of violence against women, to
sponsor another woman to come into the country even though they have
been convicted of a crime of violence and then murdered a second woman.
I can give you an anecdote here; but rather than belabor that point, I
think the point of protecting people from violent criminals is more
important than protecting the latitude of someone who might also be a
domestic criminal and their latitude to sponsor someone. If that is the
case, they can find someone else to sponsor them, not someone who has
committed a domestic crime.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I support the intent of the
gentleman from Iowa's amendment, which is to ensure that persons who
have been convicted of certain types of abuse be prevented from
sponsoring the immigration of family members whom they may, in turn,
abuse.
However, while noble in its intent, this amendment is overly broad
and could have serious, negative, unintended consequences on innocent
immigrants, as it is currently drafted.
First, it threatens the operation of the family reunification system.
Every U.S. citizen or legal permanent resident who files a petition to
bring a family member here to join them would become subject to
criminal background checks. Not only does this raise privacy concerns,
but it also raises constitutional concerns by limiting the rights of
some U.S. citizens to live here with their immediate family members.
Second, the amendment makes no distinction as to the degree of the
crime or rehabilitation of the offender. A person with a 30-year-old
misdemeanor conviction of assault who has successfully completed a
domestic violence rehabilitation program, has no further domestic
violence convictions and has no other record of violent crime, is
barred from
[[Page H8477]]
sponsoring family members, just as an abuser with a string of domestic
violence convictions culminating in the murder of his wife would be
barred.
Third, the amendment does not specify where the crime must have been
committed. It is not limited to domestic violence crimes committed in
the United States. It may well require DHS to ask foreign governments
to investigate and reveal the criminal histories of U.S. legal
permanent residents and citizens who have lived in other countries and
are now trying to sponsor a family member. DHS may then go to countries
with long histories of politically motivated persecution or human
rights abuses--such as Cuba, Sudan, or Iran--and inquire about the
criminal history of one of their citizens who has received asylum or
refugee status here due to persecution they suffered in that country.
Not only might this lead to inaccurate information from untrustworthy
governments, but it also may lead to reprisals against the family
members of refugees who fled persecution by the foreign government.
Fourth, this amendment will also keep some victims of domestic
violence from bringing family members to join them in the U.S.
Unfortunately, perpetrators of domestic violence are sometimes able to
get their victims arrested for domestic violence offences, especially
when the abuser has superior English-speaking skills to the victim.
Furthermore, battered immigrant women who are arrested often receive
bad legal advice and are often likely to take a plea offer, even when
they did nothing wrong.
Among other changes, the amendment needs to include an exemption for
victims of battering or extreme cruelty. Approved VAWA, T-visa
trafficking victims and U-visa crime victims need to be exempt, as do
immigrant victims with domestic violence convictions who already
qualify for waivers under VAWA 2000 protections. The safety of
immigrant victims can be enhanced by expanding their support system to
include close family members. We should not bar victims of domestic
violence from sponsoring their children, siblings and other close
relatives. If this amendment passes as it is, it will do just that.
Mr. Chairman, I am not encouraging opposition to the King amendment
today. However, should the House adopt this amendment, I hope that the
House Conferees will work with our colleagues in the other body to
ensure that the unintended negative consequences of the amendment are
mitigated, while still preserving the vision that is embodied within
it.
Mr. KING of Iowa. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 11 printed
in House Report 109-236.
Amendment No. 11 Offered by Mr. Ryan of Ohio
Mr. RYAN of Ohio. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 11 offered by Mr. Ryan of Ohio:
At the end of the bill, add the following title:
TITLE XI--PUBLIC AWARENESS CAMPAIGN REGARDING DOMESTIC VIOLENCE AGAINST
PREGNANT WOMEN
SEC. 1101. PUBLIC AWARENESS CAMPAIGN.
(a) In General.--The Attorney General, acting through the
Office on Violence Against Women], shall make grants to
States for carrying out a campaign to increase public
awareness of issues regarding domestic violence against
pregnant women.
(b) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2006 through 2010.
The CHAIRMAN. Pursuant to House Resolution 462, the gentleman from
Ohio (Mr. Ryan) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Ryan).
Mr. RYAN of Ohio. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise today in support of my amendment offered with
the gentlewoman from Ohio (Ms. Kaptur), the gentleman from Minnesota
(Mr. Oberstar), and the gentleman from Michigan (Mr. Stupak). I would
like to thank the gentleman from Wisconsin (Mr. Sensenbrenner) and the
gentleman from Michigan (Mr. Conyers) for their work on the
reauthorization. I would also like to thank the gentleman from
California (Mr. Dreier) and especially the gentlewoman from New York
(Ms. Slaughter) for allowing me to offer this very important amendment
on domestic violence against pregnant women.
My amendment authorizes the Office on Violence Against Women to
provide grants to States for carrying out a campaign to increase public
awareness of issues regarding domestic violence against pregnant women.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. RYAN of Ohio. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, this is a very good amendment. I am
pleased to accept it and commend him for drafting this amendment and
persuading the Committee on Rules to make it in order.
Mr. CONYERS. Mr. Chairman, will the gentleman yield?
Mr. RYAN of Ohio. I yield to the gentleman from Michigan.
Mr. CONYERS. Mr. Chairman, I am inclined to support the amendment as
well, and I congratulate the gentleman.
Mr. RYAN of Ohio. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Ryan).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 12 printed
in House Report 109-236.
Amendment No. 12 Offered by Ms. Slaughter
Ms. SLAUGHTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 12 offered by Ms. Slaughter:
Strike section 321, and insert the following:
SEC. 321. PUBLIC EMPLOYEE UNIFORMS.
(a) In General.--Section 716 of title 18, United States
Code, is amended--
(1) by striking ``police badge'' each place it appears in
subsections (a) and (b) and inserting ``official insignia or
article of clothing'';
(2) in each of paragraphs (2) and (4) of subsection (a), by
striking ``badge of the police'' and inserting ``official
insignia or article of clothing'';
(3) in subsection (b)--
(A) by striking ``the badge'' and inserting ``the insignia
or article of clothing''; and
(B) by inserting ``is other than a counterfeit police badge
and'' before ``is used or is intended to be used'';
(4) in subsection (c)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and'';
(C) by adding at the end the following:
``(3) the term `official insignia or article of clothing'
means an article of distinctive clothing or insignia,
including a badge, emblem or identification card, that is an
indicium of the authority of a public employee; and
``(4) the term `public employee' means any officer or
employee of the Federal Government or of a State or local
government.'';
(5) by adding at the end the following:
``(d) It is a defense to a prosecution under this section
that theofficial insignia or article of clothing is a
counterfeit police badge and is used or is intended to be
used exclusively--
``(1) for a dramatic presentation, such as a theatrical,
film, or television production; or
``(2) for legitimate law enforcement purposes.''; and
(6) in the heading for the section, by striking ``Police
badges'' and inserting ``Public employee insignia and
clothing''.
(b) Conforming Amendment to Table of Sections.--The item in
the table of sections at the beginning of chapter 33 of title
18, United States Code, relating to section 716 is amended by
striking ``Police badges'' and inserting ``Public employee
insignia and clothing''.
(c) Direction to Sentencing Commission.--The United States
Sentencing Commission is directed to make appropriate
amendments to sentencing guidelines, policy statements, and
official commentary to assure that the sentence imposed on a
defendant who is convicted of a Federal offense while wearing
or displaying insignia and clothing received in violation of
section 716 of title 18, United States Code, reflects the
gravity of this aggravating factor.
The CHAIRMAN. Pursuant to House Resolution 462, the gentlewoman from
New York (Ms. Slaughter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from New York (Ms. Slaughter).
Ms. SLAUGHTER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise today to offer an amendment that would implement
legislation that expands the current Federal criminal ban on fake
police badges to include the uniforms, identification, and all other
insignia of public officials while preserving language in the bill that
cracks down on the growing problem of counterfeit police badges.
[[Page H8478]]
Mr. SENSENBRENNER. Mr. Chairman, will the gentlewoman yield?
Ms. SLAUGHTER. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, I thank the gentlewoman for
yielding. I will support the amendment at this time, but I believe that
the language may need to be refined during conference and pledge that I
will work with the gentlewoman from New York to refine the language if
it is determined to be necessary.
Ms. SLAUGHTER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York (Ms. Slaughter).
The amendment was agreed to.
The CHAIRMAN. The question is on the committee amendment in the
nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Simpson) having assumed the chair, Mr. LaHood, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 3402) to
authorize appropriations for the Department of Justice for fiscal years
2006 through 2009, and for other purposes, pursuant to House Resolution
462, he reported the bill back to the House with an amendment adopted
by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion To Recommit Offered By Mr. Stupak
Mr. STUPAK. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. STUPAK. I am in its current form, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Motion to Recommit With Instructions
Mr. Stupak moves to recommit the bill H.R. 3402 to the
Committee on the Judiciary with instructions to report the
same back to the House forthwith with the following
amendment:
Add at the end the following:
TITLE XI--GAS PRICE GOUGING
SEC. 1101. GAS PRICE GOUGING.
(a) Offense.--Chapter 89 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1822. Gas price gouging
``(a) Prohibition.--During any time of national disaster,
it shall be unlawful for any person to offer to sell crude
oil, gasoline, natural gas, or petroleum distillates at a
price that--
``(1) is unconscionably excessive; or
``(2) indicates the seller is taking unfair advantage of
the circumstances to increase prices unreasonably.
``(b) Factors Considered.--In determining whether a
violation of subsection (a) has occurred, there shall be
taken into account, among other factors, whether--
``(1) the amount charged represents a gross disparity
between the price of the crude oil, gasoline, natural gas, or
petroleum distillate sold and the price at which it was
offered for sale in the usual course of the seller's business
immediately prior to the time of national disaster; or
``(2) the amount charged grossly exceeds the price at which
the same or similar crude oil, gasoline, natural gas, or
petroleum distillate was readily obtainable by other
purchasers.
``(c) Mitigating Factors.--In determining whether a
violation of subsection (a) has occurred, there shall be
taken into account, among other factors, whether the price at
which the crude oil, gasoline, natural gas, or petroleum
distillate was sold reasonably reflects additional costs, not
within the control of the seller, that were paid or incurred
by the seller.
``(d) Definition.--As used in this section, the term `time
of national disaster' means the period during which there is
in effect a declaration of a major disaster, or a declaration
of an emergency, issued by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122 et seq.).
``(e) Penalty.--The penalty for a violation of this section
by an organization is a fine not more than $100,000,000. The
penalty for a violation of this section by an individual is a
fine not more than $1,000,000 or imprisonment not more than
10 years, or both.''.
(b) Amendment to Table of Sections.--The table of sections
in chapter 89 of title 18, United States Code, is amended by
adding after the item relating to section 1821 the following
new item:
``1822. Gas price gouging.''.
Mr. STUPAK (during the reading). Mr. Speaker, I ask unanimous consent
that the motion be considered as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
The SPEAKER pro tempore. The gentleman from Michigan (Mr. Stupak) is
recognized for 5 minutes in support of his motion.
Mr. STUPAK. Mr. Speaker, I am pleased to offer this motion to
recommit with my friend and colleague from South Dakota (Ms. Herseth).
Our motion instructs the Federal Government to crack down on price
gouging and provides tough Federal penalties for those guilty of gas
price gouging.
Even before the devastation caused by Hurricane Katrina, skyrocketing
oil and gasoline prices were taxing American families and burdening our
Nation's economy, with the notable exception of the oil industry, which
continued to rack up record profits.
Following Katrina, gas prices in some areas of the Nation reached
almost $6 per gallon, deepening suspicions of the oil and gas industry
profiteering. We need a Federal standard to ensure adequate response to
energy emergencies that prohibit price gouging with the priority on
refineries and big oil companies. Currently, only 28 States have price
gouging laws on the books and have enforcement mechanisms to go after
those found ripping off consumers.
At the Federal level there is no oversight to protect consumers from
this predatory pricing. No American should have to pay too much for gas
because the oil companies are rigging prices.
Our motion to recommit will outlaw the selling of crude oil,
gasoline, home heating oil, or natural gas at predatory or
unconscionably excessive levels during such a crisis. It will provide
new Federal authority to investigate and punish those who engage in
predatory pricing from oil companies on down to local gas stations with
an emphasis on those who profit most. And it will impose tough maximum
penalties on companies that have cheated consumers.
In the wake of Hurricane Katrina, Americans are pulling together,
donating to relief organizations, and giving their time to help the
people of the gulf coast recover. That is how the American people react
when they see their fellow citizens in need. Unfortunately, some have
looked at Katrina not as a chance to give but an opportunity for
excessive profit. Some have decided to take advantage of this terrible
tragedy and line their own pockets by price gouging the American people
at the pump.
As eight Governors wrote in a letter to the Congress urging passage
of a Federal price gouging legislation, they stated: ``To price gouge
consumers under normal circumstances is dishonest enough, but to make
money off the severe misfortune of others is downright immoral.''
{time} 1715
People are rightly angry and frustrated with high gas prices, and
they deserve to have someone on their side fighting to ensure that they
do not get mugged at the gas pump.
Sadly, the administration and the House majority's answer has been to
sit on their hands while consumers get the shakedown from the oil
companies.
It is obvious to me and many Americans that Congress needs to act to
protect Americans from price gouging.
I urge a ``yes'' vote on the motion to recommit. A ``no'' vote denies
the American people a law to stop energy and gasoline price gouging.
Ms. HERSETH. Mr. Speaker, will the gentleman yield?
Mr. STUPAK. I yield to the gentlewoman from South Dakota (Ms.
[[Page H8479]]
Herseth), my friend and coauthor of this amendment.
Ms. HERSETH. Mr. Speaker, I want to thank the gentleman from Michigan
for his hard work and do the same to urge my colleagues to support this
motion to recommit so that this body will take an important step to
addressing the concerns of all consumers in the country, particularly
those in rural America.
We need to take steps to be able to define price gouging, with the
FTC having the authority to do that, and then to investigate these
thousands of complaints that have come into the Energy Department in
the past many weeks.
As co-chair of the Rural Working Group for the House Democratic
Caucus, we know what the impact of high fuel costs has been for rural
Americans, those that drive many miles to get to their jobs, those that
are trying to harvest crops this fall.
This is an important step because inaction is inexcusable, and
accountability is absolutely necessary. It is no longer a sufficient
answer to say, well, price gouging is difficult to define; it is hard
to prove.
This is the importance of this motion to recommit, so that we can
take a step to allow the FTC to promulgate a rule defining the price
gouging and the market manipulation that we believe is taking place and
to help overcome the skepticism, especially in rural America, about the
role of multinational oil companies who are taking measures that are
not allowing the market to operate fairly and efficiently and
effectively.
Mr. STUPAK. Mr. Speaker, I would just like to underscore what the
gentlewoman from South Dakota has said.
If you have a small business or are a farmer or just an American
trying to heat your home, like in my district in northern Michigan, we
are expecting snow. So the furnaces are going to be on. They are
expecting home heating oil to be up 71 percent over last year, and when
we look at the refiners, in 1 year, they have increased their profits
by 255 percent. 255 percent in 1 year. That is excessive. That is price
gouging. That is predatory pricing.
If my colleagues believe that we should put an end to this predatory
gas pricing we see at the gas pump and we heat our home and run our
businesses and our family farms, then vote for the motion to recommit.
If my colleagues believe those prices, a 250 percent increase, is okay,
then vote against the motion to recommit. It is time to end predatory
pricing. Vote ``yes'' on the motion to recommit.
Mr. SENSENBRENNER. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Wisconsin is recognized
for 5 minutes.
Mr. SENSENBRENNER. Mr. Speaker, once again, we see games being played
by the minority party. The gentleman from Michigan has stood up and
said he is opposed to reauthorizing the Violence Against Women Act so
he is qualified to introduce this motion to recommit, and the motion to
recommit has to do with price gouging.
Nobody's for price gouging. There are laws on the books that have the
Federal Trade Commission investigate price gouging. Every time there
has been a spike in fuel prices, petroleum prices, the FTC has been on
the case. They have investigated it according to law, and in most
cases, they have found that no price gouging has occurred.
There are certain legislative provisions of the Violence Against
Women Act that expire on Friday, September 30, 2005, and this
amendment, once again, is a poison pill that is introduced at the last
minute.
We have heard complaints from the other side of the aisle about
legislation not receiving a hearing or formal committee consideration.
We heard that earlier today, and what happens is there is a motion to
recommit, introduced by an opponent of reauthorizing the Violence
Against Women Act, that wants to put something that is completely
unrelated into a Department of Justice reauthorization bill.
Whatever happened to State prerogatives, to allow State Attorneys
General to investigate whether State law is violated? This motion to
recommit blows the concept of federalism into little teeny pieces and
will tie the hands of your State Attorney General and mine to look into
price gouging.
It is a poorly drafted amendment. It does not relate to reauthorizing
the Violence Against Women Act. It is something that is put in in an
extremely hostile manner to try and get the job done in the Violence
Against Women Act.
If my colleagues are for the Violence Against Women Act being
reauthorized promptly, vote ``no'' on the motion to recommit. Vote
``yes'' on the bill.
Ms. PELOSI. Mr. Speaker, I thank the gentleman from Michigan, Mr.
Stupak, and the gentlewoman from South Dakota, Ms. Herseth, for their
extraordinary leadership in fighting price gouging at the gas pump.
Despite the American people's demand for action, the Bush
administration and the Republican Congress are doing absolutely
nothing.
Three weeks ago, the Bush administration even claimed that price
gouging was not a Federal concern. Pressure from Democrats finally
caused the Federal Trade Commission to start an investigation, an
investigation that in true Bush cronyism style is led by a former
ChevronTexaco lawyer. And in the House Energy Committee today, in a
party-line vote, Republican committee Members voted unanimously against
Mr. Stupak's bill.
Instead of the bold action that the American people deserve, what we
have seen from Republicans is more of the same: a culture of
corruption, incompetence, and cronyism.
In contrast, Democrats have been working for months, long before
Hurricane Katrina, to bring down the price of gas at the pump and home
heating oil. Today, Democrats again stand ready to do something about
price gouging. The Stupak-Herseth motion to recommit will give the
Federal Government the tools to crack down on price gouging by the big
oil and gas companies.
Mr. Speaker, Republicans have long been the handmaidens and
apologists for big oil companies. It is long past time for the
Republicans to act in the interests of the American people, not against
them.
I urge my colleagues to vote for the Stupak-Herseth motion to
recommit, so we can end price gouging and so we can lower oil prices.
Our Nation is watching and expecting action now.
The SPEAKER pro tempore (Mr. Simpson). Without objection, the
previous question is ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. STUPAK. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--yeas 195,
nays 226, not voting 12, as follows:
[Roll No. 500]
YEAS--195
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Boren
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ross
[[Page H8480]]
Rothman
Roybal-Allard
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NAYS--226
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schmidt
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (FL)
NOT VOTING--12
Blumenauer
Boswell
Costa
Culberson
Davis (FL)
Gutierrez
Harman
Hunter
Hyde
Melancon
Ruppersberger
Young (AK)
{time} 1744
Messrs. FOLEY, BONILLA, BEAUPREZ, CRENSHAW and Ms. GRANGER changed
their vote from ``yea'' to ``nay.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Simpson). The question is on the passage
of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 415,
nays 4, not voting 14, as follows:
[Roll No. 501]
YEAS--415
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Costello
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutknecht
Hall
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McKinney
McMorris
McNulty
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schmidt
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stark
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NAYS--4
Meehan
Paul
Tancredo
Watson
NOT VOTING--14
Blumenauer
Boswell
Costa
Culberson
Davis (FL)
Dicks
Gutierrez
Harman
Hunter
Hyde
Melancon
Ruppersberger
Visclosky
Waters
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised 2
minutes remain in this vote.
{time} 1752
Mrs. KELLY changed her vote from ``nay'' to ``yea.''
[[Page H8481]]
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________