[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.

[[Page H8435]]

       (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
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                                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.

                          ____________________