[Congressional Record Volume 151, Number 163 (Saturday, December 17, 2005)]
[House]
[Pages H12075-H12125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, FISCAL YEARS
2006 THROUGH 2009
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendment to the bill (H.R. 3402) to authorize
appropriations for the Department of Justice for fiscal years 2006
through 2009, and for other purposes.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women and
Department of Justice Reauthorization Act of 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant provisions.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
Sec. 101. Stop grants improvements.
Sec. 102. Grants to encourage arrest and enforce protection orders
improvements.
Sec. 103. Legal Assistance for Victims improvements.
Sec. 104. Ensuring crime victim access to legal services.
Sec. 105. The Violence Against Women Act court training and
improvements.
Sec. 106. Full faith and credit improvements.
Sec. 107. Privacy protections for victims of domestic violence, dating
violence, sexual violence, and stalking.
Sec. 108. Sex offender management.
Sec. 109. Stalker database.
Sec. 110. Federal victim assistants reauthorization.
Sec. 111. Grants for law enforcement training programs.
Sec. 112. Reauthorization of the court-appointed special advocate
program.
Sec. 113. Preventing cyberstalking.
Sec. 114. Criminal provision relating to stalking.
Sec. 115. Repeat offender provision.
Sec. 116. Prohibiting dating violence.
Sec. 117. Prohibiting violence in special maritime and territorial
jurisdiction.
Sec. 118. Updating protection order definition.
Sec. 119. GAO study and report.
Sec. 120. Grants for outreach to underserved populations.
Sec. 121. Enhancing culturally and linguistically specific services for
victims of domestic violence, dating violence, sexual
assault, and stalking.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Findings.
Sec. 202. Sexual assault services program.
Sec. 203. Amendments to the Rural Domestic Violence and Child Abuse
Enforcement Assistance Program.
Sec. 204. Training and services to end violence against women with
disabilities.
Sec. 205. Training and services to end violence against women in later
life.
Sec. 206. Strengthening the National Domestic Violence Hotline.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Findings.
[[Page H12076]]
Sec. 302. Rape prevention and education.
Sec. 303. Services, education, protection, and justice for young
victims of violence.
Sec. 304. Grants to combat violent crimes on campuses.
Sec. 305. Juvenile justice.
Sec. 306. Safe havens.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
Sec. 401. Preventing violence against women and children.
Sec. 403. Public Awareness Campaign.
Sec. 402. Study conducted by the Centers for Disease Control and
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Findings.
Sec. 502. Purpose.
Sec. 503. Training and education of health professionals in domestic
and sexual violence.
Sec. 504. Grants to foster public health responses to domestic
violence, dating violence, sexual assault, and stalking
grants.
Sec. 505. Research on effective interventions in the healthcare
setting.
TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND
CHILDREN
Sec. 601. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual assault, or
stalking.
Sec. 603. Public housing authority plans reporting requirement.
Sec. 604. Housing strategies.
Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.
Sec. 606. Amendments to the low-income housing assistance voucher
program.
Sec. 607. Amendments to the public housing program.
TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. Grant for National Resource Center on Workplace Responses to
assist victims of domestic and sexual violence.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
Subtitle A--Victims of Crime
Sec. 801. Treatment of spouse and children of victims.
Sec. 802. Presence of victims of a severe form of trafficking in
persons.
Sec. 803. Adjustment of status.
Sec. 804. Protection and assistance for victims of trafficking.
Sec. 805. Protecting victims of child abuse.
Subtitle B--VAWA Self-Petitioners
Sec. 811. Definition of VAWA self-petitioner.
Sec. 812. Application in case of voluntary departure.
Sec. 813. Removal proceedings.
Sec. 814. Eliminating abusers' control over applications and limitation
on petitioning for abusers.
Sec. 815. Application for VAWA-related relief.
Sec. 816. Self-petitioning parents.
Sec. 817. VAWA confidentiality nondisclosure.
Subtitle C--Miscellaneous Amendments
Sec. 821. Duration of T and U visas.
Sec. 822. Technical correction to references in application of special
physical presence and good moral character rules.
Sec. 823. Petitioning rights of certain former spouses under Cuban
adjustment.
Sec. 824. Self-petitioning rights of HRIFA applicants.
Sec. 825. Motions to reopen.
Sec. 826. Protecting abused juveniles.
Sec. 827. Protection of domestic violence and crime victims from
certain disclosures of information.
Sec. 828. Rulemaking.
Subtitle D--International Marriage Broker Regulation
Sec. 831. Short title.
Sec. 832. Access to VAWA protection regardless of manner of entry.
Sec. 833. Domestic violence information and resources for immigrants
and regulation of international marriage brokers.
Sec. 834. Sharing of certain information.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Findings.
Sec. 902. Purposes.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Tracking of violence against Indian women.
Sec. 906. Grants to Indian tribal governments.
Sec. 907. Tribal deputy in the Office on Violence Against Women.
Sec. 908. Enhanced criminal law resources.
Sec. 909. Domestic assault by an habitual offender.
TITLE X--DNA FINGERPRINTING
Sec. 1001. Short title.
Sec. 1002. Use of opt-out procedure to remove samples from national DNA
index.
Sec. 1003. Expanded use of CODIS grants.
Sec. 1004. Authorization to conduct DNA sample collection from persons
arrested or detained under Federal authority.
Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.
TITLE XI--DEPARTMENT OF JUSTICE REAUTHORIZATION
Subtitle A--AUTHORIZATION OF APPROPRIATIONS
Sec. 1101. Authorization of appropriations for fiscal year 2006.
Sec. 1102. Authorization of appropriations for fiscal year 2007.
Sec. 1103. Authorization of appropriations for fiscal year 2008.
Sec. 1104. Authorization of appropriations for fiscal year 2009.
Sec. 1105. Organized retail theft.
Sec. 1106. United States-Mexico Border Violence Task Force.
Sec. 1107. National Gang Intelligence Center.
Subtitle B--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
CHAPTER 1--Assisting Law Enforcement and Criminal Justice Agencies
Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement
Block Grant Program.
Sec. 1112. Clarification of number of recipients who may be selected in
a given year to receive Public Safety Officer Medal of
Valor.
Sec. 1113. Clarification of official to be consulted by Attorney
General in considering application for emergency Federal
law enforcement assistance.
Sec. 1114. Clarification of uses for regional information sharing
system grants.
Sec. 1115. Integrity and enhancement of national criminal record
databases.
Sec. 1116. Extension of matching grant program for law enforcement
armor vests.
CHAPTER 2--Building Community Capacity To Prevent, Reduce, and Control
Crime
Sec. 1121. Office of Weed and Seed Strategies.
CHAPTER 3--Assisting Victims of Crime
Sec. 1131. Grants to local nonprofit organizations to improve outreach
services to victims of crime.
Sec. 1132. Clarification and enhancement of certain authorities
relating to crime victims fund.
Sec. 1133. Amounts received under crime victim grants may be used by
State for training purposes.
Sec. 1134. Clarification of authorities relating to Violence Against
Women formula and discretionary grant programs.
Sec. 1135. Change of certain reports from annual to biennial.
Sec. 1136. Grants for young witness assistance.
CHAPTER 4--Preventing Crime
Sec. 1141. Clarification of definition of violent offender for purposes
of juvenile drug courts.
Sec. 1142. Changes to distribution and allocation of grants for drug
courts.
Sec. 1143. Eligibility for grants under drug court grants program
extended to courts that supervise non-offenders with
substance abuse problems.
Sec. 1144. Term of Residential Substance Abuse Treatment program for
local facilities.
Sec. 1145. Enhanced residential substance abuse treatment program for
State prisoners.
Sec. 1146. Residential Substance Abuse Treatment Program for Federal
facilities.
CHAPTER 5--Other Matters
Sec. 1151. Changes to certain financial authorities.
Sec. 1152. Coordination duties of Assistant Attorney General.
Sec. 1153. Simplification of compliance deadlines under sex-offender
registration laws.
Sec. 1154. Repeal of certain programs.
Sec. 1155. Elimination of certain notice and hearing requirements.
Sec. 1156. Amended definitions for purposes of Omnibus Crime Control
and Safe Streets Act of 1968.
Sec. 1157. Clarification of authority to pay subsistence payments to
prisoners for health care items and services.
Sec. 1158. Office of Audit, Assessment, and Management.
Sec. 1159. Community Capacity Development Office.
Sec. 1160. Office of Applied Law Enforcement Technology.
Sec. 1161. Availability of funds for grants.
Sec. 1162. Consolidation of financial management systems of Office of
Justice Programs.
Sec. 1163. Authorization and change of COPS program to single grant
program.
Sec. 1164. Clarification of persons eligible for benefits under public
safety officers' death benefits programs.
Sec. 1165. Pre-release and post-release programs for juvenile
offenders.
Sec. 1166. Reauthorization of juvenile accountability block grants.
Sec. 1167. Sex offender management.
Sec. 1168. Evidence-based approaches.
Sec. 1169. Reauthorization of matching grant program for school
security.
Sec. 1170. Technical amendments to Aimee's Law.
Subtitle C--MISCELLANEOUS PROVISIONS
Sec. 1171. Technical amendments relating to Public Law 107-56.
Sec. 1172. Miscellaneous technical amendments.
Sec. 1173. Use of Federal training facilities.
Sec. 1174. Privacy officer.
Sec. 1175. Bankruptcy crimes.
Sec. 1176. Report to Congress on status of United States persons or
residents detained on suspicion of terrorism.
[[Page H12077]]
Sec. 1177. Increased penalties and expanded jurisdiction for sexual
abuse offenses in correctional facilities.
Sec. 1178. Expanded jurisdiction for contraband offenses in
correctional facilities.
Sec. 1179. Magistrate judge's authority to continue preliminary
hearing.
Sec. 1180. Technical corrections relating to steroids.
Sec. 1181. Prison Rape Commission extension.
Sec. 1182. Longer statute of limitation for human trafficking-related
offenses.
Sec. 1183. Use of Center for Criminal Justice Technology.
Sec. 1184. SEARCH Grants.
Sec. 1185. Reauthorization of Law Enforcement Tribute Act.
Sec. 1186. Amendment regarding bullying and gangs.
Sec. 1187. Transfer of provisions relating to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
Sec. 1188. Reauthorize the Gang Resistance Education and Training
Projects Program.
Sec. 1189. National Training Center.
Sec. 1190. Sense of Congress relating to ``good time'' release.
Sec. 1191. Public employee uniforms.
Sec. 1192. Officially approved postage.
Sec. 1193. Authorization of additional appropriations.
Sec. 1194. Assistance to courts.
Sec. 1195. Study and report on correlation between substance abuse and
domestic violence at domestic violence shelters.
Sec. 1196. Reauthorization of State Criminal Alien Assistance Program.
Sec. 1197. Extension of Child Safety Pilot Program.
Sec. 1198. Transportation and subsistence for special sessions of
District Courts.
Sec. 1199. Youth Violence Reduction Demonstration Projects.
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS.
(a) In General.--The Violence Against Women Act of 1994
(108 Stat. 1902 et seq.) is amended by adding after section
40001 the following:
``SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.
``(a) Definitions.--In this title:
``(1) Courts.--The term `courts' means any civil or
criminal, tribal, and Alaskan Village, Federal, State, local
or territorial court having jurisdiction to address domestic
violence, dating violence, sexual assault or stalking,
including immigration, family, juvenile, and dependency
courts, and the judicial officers serving in those courts,
including judges, magistrate judges, commissioners, justices
of the peace, or any other person with decisionmaking
authority.
``(2) Child abuse and neglect.--The term `child abuse and
neglect' means any recent act or failure to act on the part
of a parent or caregiver with intent to cause death, serious
physical or emotional harm, sexual abuse, or exploitation, or
an act or failure to act which presents an imminent risk of
serious harm. This definition shall not be construed to mean
that failure to leave an abusive relationship, in the absence
of other action constituting abuse or neglect, is itself
abuse or neglect.
``(3) Community-based organization.--The term `community-
based organization' means an organization that--
``(A) focuses primarily on domestic violence, dating
violence, sexual assault, or stalking;
``(B) has established a specialized culturally specific
program that addresses domestic violence, dating violence,
sexual assault, or stalking;
``(C) has a primary focus on underserved populations (and
includes representatives of these populations) and domestic
violence, dating violence, sexual assault, or stalking; or
``(D) obtains expertise, or shows demonstrated capacity to
work effectively, on domestic violence, dating violence,
sexual assault, and stalking through collaboration.
``(4) Child maltreatment.--The term `child maltreatment'
means the physical or psychological abuse or neglect of a
child or youth, including sexual assault and abuse.
``(5) Court-based and court-related personnel.--The term
`court-based' and `court-related personnel' mean persons
working in the court, whether paid or volunteer, including--
``(A) clerks, special masters, domestic relations officers,
administrators, mediators, custody evaluators, guardians ad
litem, lawyers, negotiators, probation, parole, interpreters,
victim assistants, victim advocates, and judicial,
administrative, or any other professionals or personnel
similarly involved in the legal process;
``(B) court security personnel;
``(C) personnel working in related, supplementary offices
or programs (such as child support enforcement); and
``(D) any other court-based or community-based personnel
having responsibilities or authority to address domestic
violence, dating violence, sexual assault, or stalking in the
court system.
``(6) Domestic violence.--The term `domestic violence'
includes felony or misdemeanor crimes of violence committed
by a current or former spouse of the victim, by a person with
whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a
spouse, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the
jurisdiction receiving grant monies, or by any other person
against an adult or youth victim who is protected from that
person's acts under the domestic or family violence laws of
the jurisdiction.
``(7) Dating partner.--The term `dating partner' refers to
a person who is or has been in a social relationship of a
romantic or intimate nature with the abuser, and where the
existence of such a relationship shall be determined based on
a consideration of--
``(A) the length of the relationship;
``(B) the type of relationship; and
``(C) the frequency of interaction between the persons
involved in the relationship.
``(8) Dating violence.--The term `dating violence' means
violence committed by a person--
``(A) who is or has been in a social relationship of a
romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship shall be
determined based on a consideration of the following factors:
``(i) The length of the relationship.
``(ii) The type of relationship.
``(iii) The frequency of interaction between the persons
involved in the relationship.
``(9) Elder abuse.--The term `elder abuse' means any action
against a person who is 50 years of age or older that
constitutes the willful--
``(A) infliction of injury, unreasonable confinement,
intimidation, or cruel punishment with resulting physical
harm, pain, or mental anguish; or
``(B) deprivation by a person, including a caregiver, of
goods or services with intent to cause physical harm, mental
anguish, or mental illness.
``(10) Indian.--The term `Indian' means a member of an
Indian tribe.
``(11) Indian country.--The term `Indian country' has the
same meaning given such term in section 1151 of title 18,
United States Code.
``(12) Indian housing.--The term `Indian housing' means
housing assistance described in the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq., as amended).
``(13) Indian tribe.--The term `Indian tribe' means a
tribe, band, pueblo, nation, or other organized group or
community of Indians, including any Alaska Native village or
regional or village corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
``(14) Indian law enforcement.--The term `Indian law
enforcement' means the departments or individuals under the
direction of the Indian tribe that maintain public order.
``(15) Law enforcement.--The term `law enforcement' means a
public agency charged with policing functions, including any
of its component bureaus (such as governmental victim
services programs), including those referred to in section 3
of the Indian Enforcement Reform Act (25 U.S.C. 2802).
``(16) Legal assistance.--The term `legal assistance'
includes assistance to adult and youth victims of domestic
violence, dating violence, sexual assault, and stalking in--
``(A) family, tribal, territorial, immigration, employment,
administrative agency, housing matters, campus administrative
or protection or stay away order proceedings, and other
similar matters; and
``(B) criminal justice investigations, prosecutions and
post-trial matters (including sentencing, parole, and
probation) that impact the victim's safety and privacy.
``(17) Linguistically and culturally specific services.--
The term `linguistically and culturally specific services'
means community-based services that offer full linguistic
access and culturally specific services and resources,
including outreach, collaboration, and support mechanisms
primarily directed toward underserved communities.
``(18) Personally identifying information or personal
information.--The term `personally identifying information'
or `personal information' means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(D) a social security number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that,
in combination with any of subparagraphs (A) through (D),
would serve to identify any individual.
``(19) Prosecution.--The term `prosecution' means any
public agency charged with direct responsibility for
prosecuting criminal offenders, including such agency's
component bureaus (such as governmental victim services
programs).
``(20) Protection order or restraining order.--The term
`protection order' or `restraining order' includes--
``(A) any injunction, restraining order, or any other order
issued by a civil or criminal court for the purpose of
preventing violent or threatening acts or harassment against,
sexual violence or contact or communication with or physical
proximity to, another person, including any temporary or
final orders issued by civil or criminal courts whether
obtained by filing an independent action or as a pendente
lite order in another proceeding so long as any civil order
was issued in response to a complaint, petition, or motion
filed by or on behalf of a person seeking protection; and
``(B) any support, child custody or visitation provisions,
orders, remedies, or relief issued as part of a protection
order, restraining order, or stay away injunction pursuant to
State, tribal, territorial, or local law authorizing the
issuance
[[Page H12078]]
of protection orders, restraining orders, or injunctions for
the protection of victims of domestic violence, dating
violence, sexual assault, or stalking.
``(21) Rural area and rural community.--The term `rural
area' and `rural community' mean--
``(A) any area or community, respectively, no part of which
is within an area designated as a standard metropolitan
statistical area by the Office of Management and Budget; or
``(B) any area or community, respectively, that is--
``(i) within an area designated as a metropolitan
statistical area or considered as part of a metropolitan
statistical area; and
``(ii) located in a rural census tract.
``(22) Rural state.--The term `rural State' means a State
that has a population density of 52 or fewer persons per
square mile or a State in which the largest county has fewer
than 150,000 people, based on the most recent decennial
census.
``(23) Sexual assault.--The term `sexual assault' means any
conduct prescribed by chapter 109A of title 18, United States
Code, whether or not the conduct occurs in the special
maritime and territorial jurisdiction of the United States or
in a Federal prison and includes both assaults committed by
offenders who are strangers to the victim and assaults
committed by offenders who are known or related by blood or
marriage to the victim.
``(24) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person to--
``(A) fear for his or her safety or the safety of others;
or
``(B) suffer substantial emotional distress.
``(25) State.--The term `State' means each of the several
States and the District of Columbia, and except as otherwise
provided, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, and the Northern Mariana Islands.
``(26) State domestic violence coalition.--The term `State
domestic violence coalition' means a program determined by
the Administration for Children and Families under the Family
Violence Prevention and Services Act (42 U.S.C. 10410(b)).
``(27) State sexual assault coalition.--The term `State
sexual assault coalition' means a program determined by the
Center for Injury Prevention and Control of the Centers for
Disease Control and Prevention under the Public Health
Service Act (42 U.S.C. 280b et seq.).
``(28) Territorial domestic violence or sexual assault
coalition.--The term `territorial domestic violence or sexual
assault coalition' means a program addressing domestic or
sexual violence that is--
``(A) an established nonprofit, nongovernmental territorial
coalition addressing domestic violence or sexual assault
within the territory; or
``(B) a nongovernmental organization with a demonstrated
history of addressing domestic violence or sexual assault
within the territory that proposes to incorporate as a
nonprofit, nongovernmental territorial coalition.
``(29) Tribal coalition.--The term `tribal coalition'
means--
``(A) an established nonprofit, nongovernmental tribal
coalition addressing domestic violence and sexual assault
against American Indian or Alaskan Native women; or
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal coalitions
to address domestic violence and sexual assault against
American Indian or Alaska Native women.
``(30) Tribal government.--The term `tribal government'
means--
``(A) the governing body of an Indian tribe; or
``(B) a tribe, band, pueblo, nation, or other organized
group or community of Indians, including any Alaska Native
village or regional or village corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
``(31) Tribal organization.--The term `tribal organization'
means--
``(A) the governing body of any Indian tribe;
``(B) any legally established organization of Indians which
is controlled, sanctioned, or chartered by such governing
body of a tribe or tribes to be served, or which is
democratically elected by the adult members of the Indian
community to be served by such organization and which
includes the maximum participation of Indians in all phases
of its activities; or
``(C) any tribal nonprofit organization.
``(32) Underserved populations.--The term `underserved
populations' includes populations underserved because of
geographic location, underserved racial and ethnic
populations, populations underserved because of special needs
(such as language barriers, disabilities, alienage status, or
age), and any other population determined to be underserved
by the Attorney General or by the Secretary of Health and
Human Services, as appropriate.
``(33) Victim advocate.--The term `victim advocate' means a
person, whether paid or serving as a volunteer, who provides
services to victims of domestic violence, sexual assault,
stalking, or dating violence under the auspices or
supervision of a victim services program.
``(34) Victim assistant.--The term `victim assistant' means
a person, whether paid or serving as a volunteer, who
provides services to victims of domestic violence, sexual
assault, stalking, or dating violence under the auspices or
supervision of a court or a law enforcement or prosecution
agency.
``(35) Victim services or victim service provider.--The
term `victim services' or `victim service provider' means a
nonprofit, nongovernmental organization that assists domestic
violence, dating violence, sexual assault, or stalking
victims, including rape crisis centers, domestic violence
shelters, faith-based organizations, and other organizations,
with a documented history of effective work concerning
domestic violence, dating violence, sexual assault, or
stalking.
``(36) Youth.--The term `youth' means teen and young adult
victims of domestic violence, dating violence, sexual
assault, or stalking.
``(b) Grant Conditions.--
``(1) Match.--No matching funds shall be required for a
grant or subgrant made under this title for any tribe,
territory, victim service provider, or any entity that the
Attorney General determines has adequately demonstrated
financial need.
``(2) Nondisclosure of confidential or private
information.--
``(A) In general.--In order to ensure the safety of adult,
youth, and child victims of domestic violence, dating
violence, sexual assault, or stalking, and their families,
grantees and subgrantees under this title shall protect the
confidentiality and privacy of persons receiving services.
``(B) Nondisclosure.--Subject to subparagraphs (C) and (D),
grantees and subgrantees shall not--
``(i) disclose any personally identifying information or
individual information collected in connection with services
requested, utilized, or denied through grantees' and
subgrantees' programs; or
``(ii) reveal individual client information without the
informed, written, reasonably time-limited consent of the
person (or in the case of an unemancipated minor, the minor
and the parent or guardian or in the case of persons with
disabilities, the guardian) about whom information is sought,
whether for this program or any other Federal, State, tribal,
or territorial grant program, except that consent for release
may not be given by the abuser of the minor, person with
disabilities, or the abuser of the other parent of the minor.
``(C) Release.--If release of information described in
subparagraph (B) is compelled by statutory or court mandate--
``(i) grantees and subgrantees shall make reasonable
attempts to provide notice to victims affected by the
disclosure of information; and
``(ii) grantees and subgrantees shall take steps necessary
to protect the privacy and safety of the persons affected by
the release of the information.
``(D) Information sharing.--Grantees and subgrantees may
share--
``(i) nonpersonally identifying data in the aggregate
regarding services to their clients and nonpersonally
identifying demographic information in order to comply with
Federal, State, tribal, or territorial reporting, evaluation,
or data collection requirements;
``(ii) court-generated information and law-enforcement
generated information contained in secure, governmental
registries for protection order enforcement purposes; and
``(iii) law enforcement- and prosecution-generated
information necessary for law enforcement and prosecution
purposes.
``(E) Oversight.--Nothing in this paragraph shall prevent
the Attorney General from disclosing grant activities
authorized in this Act to the chairman and ranking members of
the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate exercising Congressional oversight authority. All
disclosures shall protect confidentiality and omit personally
identifying information, including location information about
individuals.
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate
with and provide information to Federal, State, local,
tribal, and territorial public officials and agencies to
develop and implement policies to reduce or eliminate
domestic violence, dating violence, sexual assault, and
stalking.
``(4) Non-supplantation.--Any Federal funds received under
this title shall be used to supplement, not supplant, non-
Federal funds that would otherwise be available for
activities under this title.
``(5) Use of funds.--Funds authorized and appropriated
under this title may be used only for the specific purposes
described in this title and shall remain available until
expended.
``(6) Reports.--An entity receiving a grant under this
title shall submit to the disbursing agency a report
detailing the activities undertaken with the grant funds,
including and providing additional information as the agency
shall require.
``(7) Evaluation.--Federal agencies disbursing funds under
this title shall set aside up to 3 percent of such funds in
order to conduct--
``(A) evaluations of specific programs or projects funded
by the disbursing agency under this title or related
research; or
``(B) evaluations of promising practices or problems
emerging in the field or related research, in order to inform
the agency or agencies as to which programs or projects are
likely to be effective or responsive to needs in the field.
``(8) Nonexclusivity.--Nothing in this title shall be
construed to prohibit male victims of domestic violence,
dating violence, sexual assault, and stalking from receiving
benefits and services under this title.
``(9) Prohibition on tort litigation.--Funds appropriated
for the grant program under this title may not be used to
fund civil representation in a lawsuit based on a tort claim.
This paragraph should not be construed as a prohibition on
providing assistance to obtain restitution in a protection
order or criminal case.
[[Page H12079]]
``(10) Prohibition on lobbying.--Any funds appropriated for
the grant program shall be subject to the prohibition in
section 1913 of title 18, United States Code, relating to
lobbying with appropriated moneys.
``(11) Technical assistance.--If there is a demonstrated
history that the Office on Violence Against Women has
previously set aside amounts greater than 8 percent for
technical assistance and training relating to grant programs
authorized under this title, the Office has the authority to
continue setting aside amounts greater than 8 percent.''.
(b) Change of Certain Reports From Annual to Biennial.--
(1) Stalking and domestic violence.--Section 40610 of the
Violence Against Women Act of 1994 (42 U.S.C. 14039) is
amended by striking ``The Attorney General shall submit to
the Congress an annual report, beginning 1 year after the
date of the enactment of this Act, that provides'' and
inserting ``Each even-numbered fiscal year, the Attorney
General shall submit to the Congress a biennial report that
provides''.
(2) Safe havens for children.--Section 1301(d)(l) of the
Victims of Trafficking and Violence Protection Act of 2000
(42 U.S.C. 10420(d)(1)) is amended in the matter preceding
subparagraph (A) by striking ``Not later than 1 year after
the last day of the first fiscal year commencing on or after
the date of enactment of this Act, and not later than 180
days after the last day of each fiscal year thereafter,'' and
inserting ``Not later than 1 month after the end of each
even-numbered fiscal year,''.
(3) Stop violence against women formula grants.--Section
2009(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-3) is amended by striking ``Not later
than'' and all that follows through ``the Attorney General
shall submit'' and inserting the following: ``Not later than
1 month after the end of each even-numbered fiscal year, the
Attorney General shall submit''.
(4) Transitional housing assistance grants for child
victims of domestic violence, stalking, or sexual assault.--
Section 40299(f) of the Violence Against Women Act of 1994
(42 U.S.C. 13975(f)) is amended by striking ``shall annually
prepare and submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary
of the Senate a report that contains a compilation of the
information contained in the report submitted under
subsection (e) of this section.'' and inserting ``shall
prepare and submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary
of the Senate a report that contains a compilation of the
information contained in the report submitted under
subsection (e) of this section not later than 1 month after
the end of each even-numbered fiscal year.''.
(c) Definitions and Grant Conditions in Crime Control
Act.--
(1) Part t.--Part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is
amended by striking section 2008 and inserting the following:
``SEC. 2008. DEFINITIONS AND GRANT CONDITIONS.
``In this part the definitions and grant conditions in
section 40002 of the Violence Against Women Act of 1994 shall
apply.''.
(2) Part u.--Section 2105 of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended to read as follows:
``SEC. 2105. DEFINITIONS AND GRANT CONDITIONS.
``In this part the definitions and grant conditions in
section 40002 of the Violence Against Women Act of 1994 shall
apply.''.
(d) Definitions and Grant Conditions in 2000 Act.--Section
1002 of the Violence Against Women Act of 2000 (42 U.S.C.
3796gg-2 note) is amended to read as follows:
``SEC. 1002. DEFINITIONS AND GRANT CONDITIONS.
``In this division the definitions and grant conditions in
section 40002 of the Violence Against Women Act of 1994 shall
apply.''.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(18)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(18)) is amended by striking
``$185,000,000 for each of fiscal years 2001 through 2005''
and inserting ``$225,000,000 for each of fiscal years 2007
through 2011''.
(b) Purpose Area Enhancements.--Section 2001(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg(b)) is amended--
(1) in paragraph (10), by striking ``and'' after the
semicolon;
(2) in paragraph (11), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(12) maintaining core victim services and criminal
justice initiatives, while supporting complementary new
initiatives and emergency services for victims and their
families;
``(13) supporting the placement of special victim
assistants (to be known as `Jessica Gonzales Victim
Assistants') in local law enforcement agencies to serve as
liaisons between victims of domestic violence, dating
violence, sexual assault, and stalking and personnel in local
law enforcement agencies in order to improve the enforcement
of protection orders. Jessica Gonzales Victim Assistants
shall have expertise in domestic violence, dating violence,
sexual assault, or stalking and may undertake the following
activities--
``(A) developing, in collaboration with prosecutors,
courts, and victim service providers, standardized response
policies for local law enforcement agencies, including triage
protocols to ensure that dangerous or potentially lethal
cases are identified and prioritized;
``(B) notifying persons seeking enforcement of protection
orders as to what responses will be provided by the relevant
law enforcement agency;
``(C) referring persons seeking enforcement of protection
orders to supplementary services (such as emergency shelter
programs, hotlines, or legal assistance services); and
``(D) taking other appropriate action to assist or secure
the safety of the person seeking enforcement of a protection
order; and
``(14) to provide funding to law enforcement agencies,
nonprofit nongovernmental victim services providers, and
State, tribal, territorial, and local governments, (which
funding stream shall be known as the Crystal Judson Domestic
Violence Protocol Program) to promote--
``(A) the development and implementation of training for
local victim domestic violence service providers, and to fund
victim services personnel, to be known as `Crystal Judson
Victim Advocates,' to provide supportive services and
advocacy for victims of domestic violence committed by law
enforcement personnel;
``(B) the implementation of protocols within law
enforcement agencies to ensure consistent and effective
responses to the commission of domestic violence by personnel
within such agencies (such as the model policy promulgated by
the International Association of Chiefs of Police (`Domestic
Violence by Police Officers: A Policy of the IACP, Police
Response to Violence Against Women Project' July 2003));
``(C) the development of such protocols in collaboration
with State, tribal, territorial and local victim service
providers and domestic violence coalitions.
Any law enforcement, State, tribal, territorial, or local
government agency receiving funding under the Crystal Judson
Domestic Violence Protocol Program under paragraph (14) shall
on an annual basis, receive additional training on the topic
of incidents of domestic violence committed by law
enforcement personnel from domestic violence and sexual
assault nonprofit organizations and, after a period of 2
years, provide a report of the adopted protocol to the
Department of Justice, including a summary of progress in
implementing such protocol.''.
(c) Clarification of Activities Regarding Underserved
Populations.--Section 2007 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended--
(1) in subsection (c)(2), by inserting before the semicolon
the following: ``and describe how the State will address the
needs of underserved populations''; and
(2) in subsection (e)(2), by striking subparagraph (D) and
inserting the following:
``(D) recognize and meaningfully respond to the needs of
underserved populations and ensure that monies set aside to
fund linguistically and culturally specific services and
activities for underserved populations are distributed
equitably among those populations.''.
(d) Tribal and Territorial Setasides.--Section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-1) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``5 percent'' and
inserting ``10 percent'';
(B) in paragraph (2), striking by ``\1/54\'' and inserting
``\1/56\'';
(C) in paragraph (3), by striking ``and the coalition for
the combined Territories of the United States, each receiving
an amount equal to \1/54\'' and inserting ``coalitions for
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, each
receiving an amount equal to \1/56\''; and
(D) in paragraph (4), by striking ``\1/54\'' and inserting
``\1/56\'';
(2) in subsection (c)(3)(B), by inserting after ``victim
services'' the following: ``, of which at least 10 percent
shall be distributed to culturally specific community-based
organization''; and
(3) in subsection (d)--
(A) in paragraph (3), by striking the period and inserting
``; and''; and
(B) by adding at the end the following:
``(4) documentation showing that tribal, territorial, State
or local prosecution, law enforcement, and courts have
consulted with tribal, territorial, State, or local victim
service programs during the course of developing their grant
applications in order to ensure that proposed services,
activities and equipment acquisitions are designed to promote
the safety, confidentiality, and economic independence of
victims of domestic violence, sexual assault, stalking, and
dating violence.''.
(e) Training, Technical Assistance, and Data Collection.--
Section 2007 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-1) is amended by adding at the
end the following:
``(i) Training, Technical Assistance, and Data
Collection.--
``(1) In general.--Of the total amounts appropriated under
this part, not less than 3 percent and up to 8 percent shall
be available for providing training and technical assistance
relating to the purpose areas of this part to improve the
capacity of grantees, subgrantees and other entities.
``(2) Indian training.--The Director of the Office on
Violence Against Women shall ensure that training or
technical assistance regarding violence against Indian women
will be developed and provided by entities having expertise
in tribal law, customary practices, and Federal Indian
law.''.
(f) Availability of Forensic Medical Exams.--Section 2010
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-4) is amended by adding at the end the
following:
[[Page H12080]]
``(c) Use of Funds.--A State or Indian tribal government
may use Federal grant funds under this part to pay for
forensic medical exams performed by trained examiners for
victims of sexual assault, except that such funds may not be
used to pay for forensic medical exams by any State, Indian
tribal government, or territorial government that requires
victims of sexual assault to seek reimbursement for such
exams from their insurance carriers.
``(d) Rule of Construction.--Nothing in this section shall
be construed to permit a State, Indian tribal government, or
territorial government to require a victim of sexual assault
to participate in the criminal justice system or cooperate
with law enforcement in order to be provided with a forensic
medical exam, reimbursement for charges incurred on account
of such an exam, or both.
``(e) Judicial Notification.--
``(1) In general.--A State or unit of local government
shall not be entitled to funds under this part unless the
State or unit of local government--
``(A) certifies that its judicial administrative policies
and practices include notification to domestic violence
offenders of the requirements delineated in section 922(g)(8)
and (g)(9) of title 18, United States Code, and any
applicable related Federal, State, or local laws; or
``(B) gives the Attorney General assurances that its
judicial administrative policies and practices will be in
compliance with the requirements of subparagraph (A) within
the later of--
``(i) the period ending on the date on which the next
session of the State legislature ends; or
``(ii) 2 years.
``(2) Redistribution.--Funds withheld from a State or unit
of local government under subsection (a) shall be distributed
to other States and units of local government, pro rata.''.
(g) Polygraph Testing Prohibition.--Part T of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg et seq.) is amended by adding at the end the
following:
``SEC. 2013. POLYGRAPH TESTING PROHIBITION.
``(a) In General.--In order to be eligible for grants under
this part, a State, Indian tribal government, territorial
government, or unit of local government shall certify that,
not later than 3 years after the date of enactment of this
section, their laws, policies, or practices will ensure that
no law enforcement officer, prosecuting officer or other
government official shall ask or require an adult, youth, or
child victim of an alleged sex offense as defined under
Federal, tribal, State, territorial, or local law to submit
to a polygraph examination or other truth telling device as a
condition for proceeding with the investigation of such an
offense.
``(b) Prosecution.--The refusal of a victim to submit to an
examination described in subsection (a) shall not prevent the
investigation, charging, or prosecution of the offense.''.
SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION
ORDERS IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(19)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(19)) is amended by striking
``$65,000,000 for each of fiscal years 2001 through 2005''
and inserting ``$75,000,000 for each of fiscal years 2007
through 2011. Funds appropriated under this paragraph shall
remain available until expended.''.
(b) Grantee Requirements.--Section 2101 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh)
is amended--
(1) in subsection (a), by striking ``to treat domestic
violence as a serious violation'' and inserting ``to treat
domestic violence, dating violence, sexual assault, and
stalking as serious violations'';
(2) in subsection (b)--
(A) in the matter before paragraph (1), by inserting after
``State'' the following: ``, tribal, territorial,'';
(B) in paragraph (1), by--
(i) striking ``mandatory arrest or''; and
(ii) striking ``mandatory arrest programs and'';
(C) in paragraph (2), by--
(i) inserting after ``educational programs,'' the
following: ``protection order registries,'';
(ii) striking ``domestic violence and dating violence'' and
inserting ``domestic violence, dating violence, sexual
assault, and stalking. Policies, educational programs,
protection order registries, and training described in this
paragraph shall incorporate confidentiality, and privacy
protections for victims of domestic violence, dating
violence, sexual assault, and stalking'';
(D) in paragraph (3), by--
(i) striking ``domestic violence cases'' and inserting
``domestic violence, dating violence, sexual assault, and
stalking cases''; and
(ii) striking ``groups'' and inserting ``teams'';
(E) in paragraph (5), by striking ``domestic violence and
dating violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking'';
(F) in paragraph (6), by--
(i) striking ``other'' and inserting ``civil''; and
(ii) inserting after ``domestic violence'' the following:
``, dating violence, sexual assault, and stalking''; and
(G) by adding at the end the following:
``(9) To develop State, tribal, territorial, or local
policies, procedures, and protocols for preventing dual
arrests and prosecutions in cases of domestic violence,
dating violence, sexual assault, and stalking, and to develop
effective methods for identifying the pattern and history of
abuse that indicates which party is the actual perpetrator of
abuse.
``(10) To plan, develop and establish comprehensive victim
service and support centers, such as family justice centers,
designed to bring together victim advocates from non-profit,
non-governmental victim services organizations, law
enforcement officers, prosecutors, probation officers,
governmental victim assistants, forensic medical
professionals, civil legal attorneys, chaplains, legal
advocates, representatives from community-based organizations
and other relevant public or private agencies or
organizations into one centralized location, in order to
improve safety, access to services, and confidentiality for
victims and families. Although funds may be used to support
the colocation of project partners under this paragraph,
funds may not support construction or major renovation
expenses or activities that fall outside of the scope of the
other statutory purpose areas.
``(11) To develop and implement policies and training for
police, prosecutors, probation and parole officers, and the
judiciary in recognizing, investigating, and prosecuting
instances of sexual assault, with an emphasis on recognizing
the threat to the community for repeat crime perpetration by
such individuals.
``(12) To develop, enhance, and maintain protection order
registries.
``(13) To develop human immunodeficiency virus (HIV)
testing programs for sexual assault perpetrators and
notification and counseling protocols.'';--
(3) in subsection (c)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(5) certify that, not later than 3 years after the date
of enactment of this section, their laws, policies, or
practices will ensure that--
``(A) no law enforcement officer, prosecuting officer or
other government official shall ask or require an adult,
youth, or child victim of a sex offense as defined under
Federal, tribal, State, territorial, or local law to submit
to a polygraph examination or other truth telling device as a
condition for proceeding with the investigation of such an
offense; and
``(B) the refusal of a victim to submit to an examination
described in subparagraph (A) shall not prevent the
investigation of the offense.''; and
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Speedy Notice to Victims.--A State or unit of local
government shall not be entitled to 5 percent of the funds
allocated under this part unless the State or unit of local
government--
``(1) certifies that it has a law or regulation that
requires--
``(A) the State or unit of local government at the request
of a victim to administer to a defendant, against whom an
information or indictment is presented for a crime in which
by force or threat of force the perpetrator compels the
victim to engage in sexual activity, testing for the
immunodeficiency virus (HIV) not later than 48 hours after
the date on which the information or indictment is presented;
``(B) as soon as practicable notification to the victim, or
parent and guardian of the victim, and defendant of the
testing results; and
``(C) follow-up tests for HIV as may be medically
appropriate, and that as soon as practicable after each such
test the results be made available in accordance with
subparagraph (B); or
``(2) gives the Attorney General assurances that it laws
and regulations will be in compliance with requirements of
paragraph (1) within the later of--
``(A) the period ending on the date on which the next
session of the State legislature ends; or
``(B) 2 years.
``(e) Allotment for Indian Tribes.--Not less than 10
percent of the total amount made available for grants under
this section for each fiscal year shall be available for
grants to Indian tribal governments.''.
(c) Applications.--Section 2102(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(b))
is amended in each of paragraphs (1) and (2) by inserting
after ``involving domestic violence'' the following: ``,
dating violence, sexual assault, or stalking''.
(d) Training, Technical Assistance, Confidentiality.--Part
U of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796hh et seq.) is amended by adding
at the end the following:
``SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE.
``Of the total amounts appropriated under this part, not
less than 5 percent and up to 8 percent shall be available
for providing training and technical assistance relating to
the purpose areas of this part to improve the capacity of
grantees and other entities.''.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.
Section 1201 of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg-6) is amended--
(1) in subsection (a), by--
(A) inserting before ``legal assistance'' the following:
``civil and criminal'';
(B) inserting after ``effective aid to'' the following:
``adult and youth''; and
(C) inserting at the end the following: ``Criminal legal
assistance provided for under this section shall be limited
to criminal matters relating to domestic violence, sexual
assault, dating violence, and stalking.'';
(2) by striking subsection (b) and inserting the following:
``(b) Definitions.--In this section, the definitions
provided in section 40002 of the Violence Against Women Act
of 1994 shall apply.'';
(3) in subsection (c), by inserting ``and tribal
organizations, territorial organizations'' after ``Indian
tribal governments'';
(4) in subsection (d) by striking paragraph (2) and
inserting the following:
``(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed
with input from and in collaboration with a tribal, State,
territorial, or local domestic violence, dating violence,
sexual
[[Page H12081]]
assault or stalking organization or coalition, as well as
appropriate tribal, State, territorial, and local law
enforcement officials;''.
(5) in subsection (e), by inserting ``dating violence,''
after ``domestic violence,''; and
(6) in subsection (f)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated
to carry out this section $65,000,000 for each of fiscal
years 2007 through 2011.''; and
(B) in paragraph (2)(A), by--
(i) striking ``5 percent'' and inserting ``10 percent'';
and
(ii) inserting ``adult and youth'' after ``that assist''.
SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.
(a) In General.--Section 502 of the Department of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119; 111 Stat. 2510)
is amended--
(1) in subsection (a)(2)(C)--
(A) in the matter preceding clause (i), by striking ``using
funds derived from a source other than the Corporation to
provide'' and inserting ``providing'';
(B) in clause (i), by striking ``in the United States'' and
all that follows and inserting ``or a victim of sexual
assault or trafficking in the United States, or qualifies for
immigration relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U));
or''; and
(C) in clause (ii), by striking ``has been battered'' and
all that follows and inserting ``, without the active
participation of the alien, has been battered or subjected to
extreme cruelty or a victim of sexual assault or trafficking
in the United States, or qualifies for immigration relief
under section 101(a)(15)(U) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(U)).''; and
(2) in subsection (b)(2), by striking ``described in such
subsection'' and inserting ``, sexual assault or trafficking,
or the crimes listed in section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)(iii))''.
(b) Savings Provision.--Nothing in this Act, or the
amendments made by this Act, shall be construed to restrict
the legal assistance provided to victims of trafficking and
certain family members authorized under section 107(b)(1) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(1)).
SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT TRAINING AND
IMPROVEMENTS.
(a) Violence Against Women Act Court Training and
Improvements.--The Violence Against Women Act of 1994 (108
Stat. 1902 et seq.) is amended by adding at the end the
following:
``Subtitle J--Violence Against Women Act Court Training and
Improvements
``SEC. 41001. SHORT TITLE.
``This subtitle may be cited as the `Violence Against Women
Act Court Training and Improvements Act of 2005'.
``SEC. 41002. PURPOSE.
``The purpose of this subtitle is to enable the Attorney
General, though the Director of the Office on Violence
Against Women, to award grants to improve court responses to
adult and youth domestic violence, dating violence, sexual
assault, and stalking to be used for--
``(1) improved internal civil and criminal court functions,
responses, practices, and procedures;
``(2) education for court-based and court-related personnel
on issues relating to victims' needs, including safety,
security, privacy, confidentiality, and economic
independence, as well as information about perpetrator
behavior and best practices for holding perpetrators
accountable;
``(3) collaboration and training with Federal, State,
tribal, territorial, and local public agencies and officials
and nonprofit, nongovernmental organizations to improve
implementation and enforcement of relevant Federal, State,
tribal, territorial, and local law;
``(4) enabling courts or court-based or court-related
programs to develop new or enhance current--
``(A) court infrastructure (such as specialized courts,
dockets, intake centers, or interpreter services);
``(B) community-based initiatives within the court system
(such as court watch programs, victim assistants, or
community-based supplementary services);
``(C) offender management, monitoring, and accountability
programs;
``(D) safe and confidential information-storage and -
sharing databases within and between court systems;
``(E) education and outreach programs to improve community
access, including enhanced access for underserved
populations; and
``(F) other projects likely to improve court responses to
domestic violence, dating violence, sexual assault, and
stalking; and
``(5) providing technical assistance to Federal, State,
tribal, territorial, or local courts wishing to improve their
practices and procedures or to develop new programs.
``SEC. 41003. GRANT REQUIREMENTS.
``Grants awarded under this subtitle shall be subject to
the following conditions:
``(1) Eligible grantees.--Eligible grantees may include--
``(A) Federal, State, tribal, territorial, or local courts
or court-based programs; and
``(B) national, State, tribal, territorial, or local
private, nonprofit organizations with demonstrated expertise
in developing and providing judicial education about domestic
violence, dating violence, sexual assault, or stalking.
``(2) Conditions of eligibility.--To be eligible for a
grant under this section, applicants shall certify in writing
that--
``(A) any courts or court-based personnel working directly
with or making decisions about adult or youth parties
experiencing domestic violence, dating violence, sexual
assault, and stalking have completed or will complete
education about domestic violence, dating violence, sexual
assault, and stalking;
``(B) any education program developed under section 41002
has been or will be developed with significant input from and
in collaboration with a national, tribal, State, territorial,
or local victim services provider or coalition; and
``(C) the grantee's internal organizational policies,
procedures, or rules do not require mediation or counseling
between offenders and victims physically together in cases
where domestic violence, dating violence, sexual assault, or
stalking is an issue.
``SEC. 41004. NATIONAL EDUCATION CURRICULA.
``(a) In General.--The Attorney General, through the
Director of the Office on Violence Against Women, shall fund
efforts to develop a national education curriculum for use by
State and national judicial educators to ensure that all
courts and court personnel have access to information about
relevant Federal, State, territorial, or local law, promising
practices, procedures, and policies regarding court responses
to adult and youth domestic violence, dating violence, sexual
assault, and stalking.
``(b) Eligible Entities.--Any curricula developed under
this section--
``(1) shall be developed by an entity or entities having
demonstrated expertise in developing judicial education
curricula on issues relating to domestic violence, dating
violence, sexual assault, and stalking; or
``(2) if the primary grantee does not have demonstrated
expertise with such issues, shall be developed by the primary
grantee in partnership with an organization having such
expertise.
``SEC. 41005. TRIBAL CURRICULA.
``(a) In General.--The Attorney General, through the Office
on Violence Against Women, shall fund efforts to develop
education curricula for tribal court judges to ensure that
all tribal courts have relevant information about promising
practices, procedures, policies, and law regarding tribal
court responses to adult and youth domestic violence, dating
violence, sexual assault, and stalking.
``(b) Eligible Entities.--Any curricula developed under
this section--
``(1) shall be developed by a tribal organization having
demonstrated expertise in developing judicial education
curricula on issues relating to domestic violence, dating
violence, sexual assault, and stalking; or
``(2) if the primary grantee does not have such expertise,
the curricula shall be developed by the primary grantee
through partnership with organizations having such expertise.
``SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
to carry out this subtitle $5,000,000 for each of fiscal
years 2007 to 2011.
``(b) Availability.--Funds appropriated under this section
shall remain available until expended and may only be used
for the specific programs and activities described in this
subtitle.
``(c) Set Aside.--Of the amounts made available under this
subsection in each fiscal year, not less than 10 percent
shall be used for grants for tribal courts, tribal court-
related programs, and tribal nonprofits.''.
SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.
(a) Enforcement of Protection Orders Issued by
Territories.--Section 2265 of title 18, United States Code,
is amended by--
(1) striking ``or Indian tribe'' each place it appears and
inserting ``, Indian tribe, or territory''; and
(2) striking ``State or tribal'' each place it appears and
inserting ``State, tribal, or territorial''.
(b) Clarification of Entities Having Enforcement Authority
and Responsibilities.--Section 2265(a) of title 18, United
States Code, is amended by striking ``and enforced as if it
were'' and inserting ``and enforced by the court and law
enforcement personnel of the other State, Indian tribal
government or Territory as if it were''.
(c) Limits on Internet Publication of Protection Order
Information.--Section 2265(d) of title 18, United States
Code, is amended by adding at the end the following:
``(3) Limits on internet publication of registration
information.--A State, Indian tribe, or territory shall not
make available publicly on the Internet any information
regarding the registration or filing of a protection order,
restraining order, or injunction in either the issuing or
enforcing State, tribal or territorial jurisdiction, if such
publication would be likely to publicly reveal the identity
or location of the party protected under such order. A State,
Indian tribe, or territory may share court-generated and law
enforcement-generated information contained in secure,
governmental registries for protection order enforcement
purposes.''.
(d) Definitions.--Section 2266 of title 18, United States
Code, is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Protection order.--The term `protection order'
includes--
``(A) any injunction, restraining order, or any other order
issued by a civil or criminal court for the purpose of
preventing violent or threatening acts or harassment against,
sexual violence, or contact or communication with or physical
proximity to, another person, including any temporary or
final order issued by a civil or criminal court whether
obtained by filing an independent action or as a pendente
lite order in another proceeding so long as any civil or
criminal order was issued in response to a complaint,
petition, or motion filed by or on behalf of a person seeking
protection; and
[[Page H12082]]
``(B) any support, child custody or visitation provisions,
orders, remedies or relief issued as part of a protection
order, restraining order, or injunction pursuant to State,
tribal, territorial, or local law authorizing the issuance of
protection orders, restraining orders, or injunctions for the
protection of victims of domestic violence, sexual assault,
dating violence, or stalking.''; and
(2) in clauses (i) and (ii) of paragraph (7)(A), by
striking ``2261A, a spouse or former spouse of the abuser, a
person who shares a child in common with the abuser, and a
person who cohabits or has cohabited as a spouse with the
abuser'' and inserting ``2261A--
``(I) a spouse or former spouse of the abuser, a person who
shares a child in common with the abuser, and a person who
cohabits or has cohabited as a spouse with the abuser; or
``(II) a person who is or has been in a social relationship
of a romantic or intimate nature with the abuser, as
determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the
persons involved in the relationship''.
SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL VIOLENCE, AND
STALKING.
The Violence Against Women Act of 1994 (108 Stat. 1902 et
seq.) is amended by adding at the end the following:
``Subtitle K--Privacy Protections for Victims of Domestic Violence,
Dating Violence, Sexual Violence, and Stalking
``SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND
CONFIDENTIALITY OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
``The Attorney General, through the Director of the Office
on Violence Against Women, may award grants under this
subtitle to States, Indian tribes, territories, or local
agencies or nonprofit, nongovernmental organizations to
ensure that personally identifying information of adult,
youth, and child victims of domestic violence, sexual
violence, stalking, and dating violence shall not be released
or disclosed to the detriment of such victimized persons.
``SEC. 41102. PURPOSE AREAS.
``Grants made under this subtitle may be used--
``(1) to develop or improve protocols, procedures, and
policies for the purpose of preventing the release of
personally identifying information of victims (such as
developing alternative identifiers);
``(2) to defray the costs of modifying or improving
existing databases, registries, and victim notification
systems to ensure that personally identifying information of
victims is protected from release, unauthorized information
sharing and disclosure;
``(3) to develop confidential opt out systems that will
enable victims of violence to make a single request to keep
personally identifying information out of multiple databases,
victim notification systems, and registries; or
``(4) to develop safe uses of technology (such as notice
requirements regarding electronic surveillance by government
entities), to protect against abuses of technology (such as
electronic or GPS stalking), or providing training for law
enforcement on high tech electronic crimes of domestic
violence, dating violence, sexual assault, and stalking.
``SEC. 41103. ELIGIBLE ENTITIES.
``Entities eligible for grants under this subtitle
include--
``(1) jurisdictions or agencies within jurisdictions having
authority or responsibility for developing or maintaining
public databases, registries or victim notification systems;
``(2) nonprofit nongovernmental victim advocacy
organizations having expertise regarding confidentiality,
privacy, and information technology and how these issues are
likely to impact the safety of victims;
``(3) States or State agencies;
``(4) local governments or agencies;
``(5) Indian tribal governments or tribal organizations;
``(6) territorial governments, agencies, or organizations;
or
``(7) nonprofit nongovernmental victim advocacy
organizations, including statewide domestic violence and
sexual assault coalitions.
``SEC. 41104. GRANT CONDITIONS.
``Applicants described in paragraph (1) and paragraphs (3)
through (6) shall demonstrate that they have entered into a
significant partnership with a State, tribal, territorial, or
local victim service or advocacy organization or condition in
order to develop safe, confidential, and effective protocols,
procedures, policies, and systems for protecting personally
identifying information of victims.
``SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
to carry out this subtitle $5,000,000 for each of fiscal
years 2007 through 2011.
``(b) Tribal Allocation.--Of the amount made available
under this section in each fiscal year, 10 percent shall be
used for grants to Indian tribes for programs that assist
victims of domestic violence, dating violence, stalking, and
sexual assault.
``(c) Technical Assistance and Training.--Of the amount
made available under this section in each fiscal year, not
less than 5 percent shall be used for grants to organizations
that have expertise in confidentiality, privacy, and
technology issues impacting victims of domestic violence,
dating violence, sexual assault, and stalking to provide
technical assistance and training to grantees and non-
grantees on how to improve safety, privacy, confidentiality,
and technology to protect victimized persons.''.
SEC. 108. SEX OFFENDER MANAGEMENT.
Section 40152 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13941) is amended by
striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$3,000,000 for each of fiscal years 2007 through 2011.''.
SEC. 109. STALKER DATABASE.
Section 40603 of the Violence Against Women Act of 1994 (42
U.S.C. 14032) is amended--
(1) by striking ``2001'' and inserting ``2007''; and
(2) by striking ``2006'' and inserting ``2011''.
SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994
(Public Law 103-322) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.
``There are authorized to be appropriated for the United
States attorneys for the purpose of appointing victim
assistants for the prosecution of sex crimes and domestic
violence crimes where applicable (such as the District of
Columbia), $1,000,000 for each of fiscal years 2007 through
2011.''.
SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.
(a) Definitions.--In this section:
(1) Act of trafficking.--The term ``act of trafficking''
means an act or practice described in paragraph (8) of
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
(2) Eligible entity.--The term ``eligible entity'' means a
State or a local government.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, American Samoa,
and any other territory or possession of the United States.
(4) Victim of trafficking.--The term ``victim of
trafficking'' means a person subjected to an act of
trafficking.
(b) Grants Authorized.--The Attorney General may award
grants to eligible entities to provide training to State and
local law enforcement personnel to identify and protect
victims of trafficking.
(c) Use of Funds.--A grant awarded under this section shall
be used to--
(1) train law enforcement personnel to identify and protect
victims of trafficking, including training such personnel to
utilize Federal, State, or local resources to assist victims
of trafficking;
(2) train law enforcement or State or local prosecutors to
identify, investigate, or prosecute acts of trafficking; or
(3) train law enforcement or State or local prosecutors to
utilize laws that prohibit acts of trafficking and to assist
in the development of State and local laws to prohibit acts
of trafficking.
(d) Restrictions.--
(1) Administrative expenses.--An eligible entity that
receives a grant under this section may use not more than 5
percent of the total amount of such grant for administrative
expenses.
(2) Nonexclusivity.--Nothing in this section may be
construed to restrict the ability of an eligible entity to
apply for or obtain funding from any other source to carry
out the training described in subsection (c).
(e) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for each of the fiscal years
2007 through 2011 to carry out the provisions of this
section.
SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED SPECIAL
ADVOCATE PROGRAM.
(a) Findings.--Section 215 of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13011) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) Court Appointed Special Advocates, who may serve as
guardians ad litem, are trained volunteers appointed by
courts to advocate for the best interests of children who are
involved in the juvenile and family court system due to abuse
or neglect; and
``(2) in 2003, Court Appointed Special Advocate volunteers
represented 288,000 children, more than 50 percent of the
estimated 540,000 children in foster care because of
substantiated cases of child abuse or neglect.''.
(b) Implementation Date.--Section 216 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13012) is amended by
striking ``January 1, 1995'' and inserting ``January 1,
2010''.
(c) Clarification of Program Goals.--Section 217 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13013) is
amended--
(1) in subsection (a), by striking ``to expand'' and
inserting ``to initiate, sustain, and expand'';
(2) subsection (b)--
(A) in paragraph (1)--
(i) by striking ``subsection (a) shall be'' and inserting
the following: ``subsection (a)--
``(A) shall be'';
(ii) by striking ``(2) may be'' and inserting the
following:
``(B) may be''; and
(iii) in subparagraph (B) (as redesignated), by striking
``to initiate or expand'' and inserting ``to initiate,
sustain, and expand''; and
(B) in the first sentence of paragraph (2)--
(i) by striking ``(1)(a)'' and inserting ``(1)(A)''; and
(ii) striking ``to initiate and to expand'' and inserting
``to initiate, sustain, and expand''; and
(3) by adding at the end the following:
``(d) Background Checks.--State and local Court Appointed
Special Advocate programs are
[[Page H12083]]
authorized to request fingerprint-based criminal background
checks from the Federal Bureau of Investigation's criminal
history database for prospective volunteers. The requesting
program is responsible for the reasonable costs associated
with the Federal records check.''.
(d) Report.--Subtitle B of title II of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13011 et seq.) is amended--
(1) by redesignating section 218 as section 219; and
(2) by inserting after section 217 the following new
section:
``SEC. 218. REPORT.
``(a) Report Required.--Not later than December 31, 2006,
the Inspector General of the Department of Justice shall
submit to Congress a report on the types of activities funded
by the National Court-Appointed Special Advocate Association
and a comparison of outcomes in cases where court-appointed
special advocates are involved and cases where court-
appointed special advocates are not involved.
``(b) Elements of Report.--The report submitted under
subsection (a) shall include information on the following:
``(1) The types of activities the National Court-Appointed
Special Advocate Association has funded since 1993.
``(2) The outcomes in cases where court-appointed special
advocates are involved as compared to cases where court-
appointed special advocates are not involved, including--
``(A) the length of time a child spends in foster care;
``(B) the extent to which there is an increased provision
of services;
``(C) the percentage of cases permanently closed; and
``(D) achievement of the permanent plan for reunification
or adoption.''.
(e) Authorization of Appropriations.--
(1) Authorization.--Section 219 of the Victims of Child
Abuse Act of 1990, as redesignated by subsection (d), is
amended by striking subsection (a) and inserting the
following:
``(a) Authorization.--There is authorized to be
appropriated to carry out this subtitle $12,000,000 for each
of fiscal years 2007 through 2011.''.
(2) Prohibition on lobbying.--Section 219 of the Victims of
Child Abuse Act of 1990, as redesignated by subsection (d)
and amended by paragraphs (1) and (2), is further amended by
adding at the end the following new subsection:
``(c) Prohibition on Lobbying.--No funds authorized under
this subtitle may be used for lobbying activities in
contravention of OMB Circular No. A-122.''.
SEC. 113. PREVENTING CYBERSTALKING.
(a) In General.--Paragraph (1) of section 223(h) of the
Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of subparagraph (C) of subsection (a)(1),
includes any device or software that can be used to originate
telecommunications or other types of communications that are
transmitted, in whole or in part, by the Internet (as such
term is defined in section 1104 of the Internet Tax Freedom
Act (47 U.S.C. 151 note)).''.
(b) Rule of Construction.--This section and the amendment
made by this section may not be construed to affect the
meaning given the term ``telecommunications device'' in
section 223(h)(1) of the Communications Act of 1934, as in
effect before the date of the enactment of this section.
SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.
(a) Interstate Stalking.--Section 2261A of title 18, United
States Code, is amended to read as follows:
``Sec. 2261A. Stalking
``Whoever--
``(1) travels in interstate or foreign commerce or within
the special maritime and territorial jurisdiction of the
United States, or enters or leaves Indian country, with the
intent to kill, injure, harass, or place under surveillance
with intent to kill, injure, harass, or intimidate another
person, and in the course of, or as a result of, such travel
places that person in reasonable fear of the death of, or
serious bodily injury to, or causes substantial emotional
distress to that person, a member of the immediate family (as
defined in section 115) of that person, or the spouse or
intimate partner of that person; or
``(2) with the intent--
``(A) to kill, injure, harass, or place under surveillance
with intent to kill, injure, harass, or intimidate, or cause
substantial emotional distress to a person in another State
or tribal jurisdiction or within the special maritime and
territorial jurisdiction of the United States; or
``(B) to place a person in another State or tribal
jurisdiction, or within the special maritime and territorial
jurisdiction of the United States, in reasonable fear of the
death of, or serious bodily injury to--
``(i) that person;
``(ii) a member of the immediate family (as defined in
section 115 of that person; or
``(iii) a spouse or intimate partner of that person;
uses the mail, any interactive computer service, or any
facility of interstate or foreign commerce to engage in a
course of conduct that causes substantial emotional distress
to that person or places that person in reasonable fear of
the death of, or serious bodily injury to, any of the persons
described in clauses (i) through (iii) of subparagraph (B);
shall be punished as provided in section 2261(b) of this
title.''.
(b) Enhanced Penalties for Stalking.--Section 2261(b) of
title 18, United States Code, is amended by adding at the end
the following:
``(6) Whoever commits the crime of stalking in violation of
a temporary or permanent civil or criminal injunction,
restraining order, no-contact order, or other order described
in section 2266 of title 18, United States Code, shall be
punished by imprisonment for not less than 1 year.''.
SEC. 115. REPEAT OFFENDER PROVISION.
Chapter 110A of title 18, United States Code, is amended by
adding after section 2265 the following:
``Sec. 2265A. Repeat offenders
``(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior
domestic violence or stalking offense shall be twice the term
otherwise provided under this chapter.
``(b) Definition.--For purposes of this section--
``(1) the term `prior domestic violence or stalking
offense' means a conviction for an offense--
``(A) under section 2261, 2261A, or 2262 of this chapter;
or
``(B) under State law for an offense consisting of conduct
that would have been an offense under a section referred to
in subparagraph (A) if the conduct had occurred within the
special maritime and territorial jurisdiction of the United
States, or in interstate or foreign commerce; and
``(2) the term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.''.
SEC. 116. PROHIBITING DATING VIOLENCE.
(a) In General.--Section 2261(a) of title 18, United States
Code, is amended--
(1) in paragraph (1), striking ``or intimate partner'' and
inserting ``, intimate partner, or dating partner''; and
(2) in paragraph (2), striking ``or intimate partner'' and
inserting ``, intimate partner, or dating partner''.
(b) Definition.--Section 2266 of title 18, United States
Code, is amended by adding at the end the following:
``(10) Dating partner.--The term `dating partner' refers to
a person who is or has been in a social relationship of a
romantic or intimate nature with the abuser and the existence
of such a relationship based on a consideration of--
``(A) the length of the relationship; and
``(B) the type of relationship; and
``(C) the frequency of interaction between the persons
involved in the relationship.''.
SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME AND
TERRITORIAL JURISDICTION.
(a) Domestic Violence.--Section 2261(a)(1) of title 18,
United States Code, is amended by inserting after ``Indian
country'' the following: ``or within the special maritime and
territorial jurisdiction of the United States''.
(b) Protection Order.--Section 2262(a)(1) of title 18,
United States Code, is amended by inserting after ``Indian
country'' the following: ``or within the special maritime and
territorial jurisdiction of the United States''.
SEC. 118. UPDATING PROTECTION ORDER DEFINITION.
Section 534 of title 28, United States Code, is amended by
striking subsection (e)(3)(B) and inserting the following:
``(B) the term `protection order' includes--
``(i) any injunction, restraining order, or any other order
issued by a civil or criminal court for the purpose of
preventing violent or threatening acts or harassment against,
sexual violence or contact or communication with or physical
proximity to, another person, including any temporary or
final orders issued by civil or criminal courts whether
obtained by filing an independent action or as a pendente
lite order in another proceeding so long as any civil order
was issued in response to a complaint, petition, or motion
filed by or on behalf of a person seeking protection; and
``(ii) any support, child custody or visitation provisions,
orders, remedies, or relief issued as part of a protection
order, restraining order, or stay away injunction pursuant to
State, tribal, territorial, or local law authorizing the
issuance of protection orders, restraining orders, or
injunctions for the protection of victims of domestic
violence, dating violence, sexual assault, or stalking.''.
SEC. 119. GAO STUDY AND REPORT.
(a) Study Required.--The Comptroller General shall conduct
a study to establish the extent to which men, women, youth,
and children are victims of domestic violence, dating
violence, sexual assault, and stalking and the availability
to all victims of shelter, counseling, legal representation,
and other services commonly provided to victims of domestic
violence.
(b) Activities Under Study.--In conducting the study, the
following shall apply:
(1) Crime statistics.--The Comptroller General shall not
rely only on crime statistics, but may also use existing
research available, including public health studies and
academic studies.
(2) Survey.--The Comptroller General shall survey the
Department of Justice, as well as any recipients of Federal
funding for any purpose or an appropriate sampling of
recipients, to determine--
(A) what services are provided to victims of domestic
violence, dating violence, sexual assault, and stalking;
(B) whether those services are made available to youth,
child, female, and male victims; and
(C) the number, age, and gender of victims receiving each
available service.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the activities carried out under this
section.
SEC. 120. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS.
(a) Grants Authorized.--
[[Page H12084]]
(1) In general.--From amounts made available to carry out
this section, the Attorney General, acting through the
Director of the Office on Violence Against Women, shall award
grants to eligible entities described in subsection (b) to
carry out local, regional, or national public information
campaigns focused on addressing adult, youth, or minor
domestic violence, dating violence, sexual assault, stalking,
or trafficking within tribal and underserved populations and
immigrant communities, including information on services
available to victims and ways to prevent or reduce domestic
violence, dating violence, sexual assault, and stalking.
(2) Term.--The Attorney General shall award grants under
this section for a period of 1 fiscal year.
(b) Eligible Entities.--Eligible entities under this
section are--
(1) nonprofit, nongovernmental organizations or coalitions
that represent the targeted tribal and underserved
populations or immigrant community that--
(A) have a documented history of creating and administering
effective public awareness campaigns addressing domestic
violence, dating violence, sexual assault, and stalking; or
(B) work in partnership with an organization that has a
documented history of creating and administering effective
public awareness campaigns addressing domestic violence,
dating violence, sexual assault, and stalking; or
(2) a governmental entity that demonstrates a partnership
with organizations described in paragraph (1).
(c) Allocation of Funds.--Of the amounts appropriated for
grants under this section--
(1) not more than 20 percent shall be used for national
model campaign materials targeted to specific tribal and
underserved populations or immigrant community, including
American Indian tribes and Alaskan native villages for the
purposes of research, testing, message development, and
preparation of materials; and
(2) the balance shall be used for not less than 10 State,
regional, territorial, tribal, or local campaigns targeting
specific communities with information and materials developed
through the national campaign or, if appropriate, new
materials to reach an underserved population or a
particularly isolated community.
(d) Use of Funds.--Funds appropriated under this section
shall be used to conduct a public information campaign and
build the capacity and develop leadership of racial, ethnic
populations, or immigrant community members to address
domestic violence, dating violence, sexual assault, and
stalking.
(e) Application.--An eligible entity desiring a grant under
this section shall submit an application to the Director of
the Office on Violence Against Women at such time, in such
form, and in such manner as the Director may prescribe.
(f) Criteria.--In awarding grants under this section, the
Attorney General shall ensure--
(1) reasonable distribution among eligible grantees
representing various underserved and immigrant communities;
(2) reasonable distribution among State, regional,
territorial, tribal, and local campaigns;
(3) that not more than 8 percent of the total amount
appropriated under this section for each fiscal year is set
aside for training, technical assistance, and data
collection.
(g) Reports.--Each eligible entity receiving a grant under
this section shall submit to the Director of the Office of
Violence Against Women, every 18 months, a report that
describes the activities carried out with grant funds.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2007 through 2011.
SEC. 121. ENHANCING CULTURALLY AND LINGUISTICALLY SPECIFIC
SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Establishment.--
(1) In general.--Of the amounts appropriated under certain
grant programs identified in paragraph (a)(2) of this
Section, the Attorney General, through the Director of the
Violence Against Women Office (referred to in this section as
the ``Director''), shall take 5 percent of such appropriated
amounts and combine them to establish a new grant program to
enhance culturally and linguistically specific services for
victims of domestic violence, dating violence, sexual
assault, and stalking. Grants made under this new program
shall be administered by the Director.
(2) Programs covered.--The programs covered by paragraph
(1) are the programs carried out under the following
provisions:
(A) Section 2101 (42 U.S.C. 3796hh), Grants to Encourage
Arrest Policies.
(B) Section 1201 of the Violence Against Women Act of 2000
(42 U.S.C. 3796gg-6), Legal Assistance for Victims.
(C) Section 40295 of the Violence Against Women Act of 1994
(42 U.S.C. 13971), Rural Domestic Violence and Child Abuser
Enforcement Assistance.
(D) Section ___ of the Violence Against Women Act of 1994
(42 U.S.C. ___), Older Battered Women.
(E) Section ___ of the Violence Against Women Act of 2000
(42 U.S.C. ___), Disabled Women Program.
(b) Purpose of Program and Grants.--
(1) General program purpose.--The purpose of the program
required by this section is to promote:
(A) The maintenance and replication of existing successful
services in domestic violence, dating violence, sexual
assault, and stalking community-based programs providing
culturally and linguistically specific services and other
resources.
(B) The development of innovative culturally and
linguistically specific strategies and projects to enhance
access to services and resources for victims of domestic
violence, dating violence, sexual assault, and stalking who
face obstacles to using more traditional services and
resources.
(2) Purposes for which grants may be used.--The Director
shall make grants to community-based programs for the purpose
of enhancing culturally and linguistically specific services
for victims of domestic violence, dating violence, sexual
assault, and stalking. Grants under the program shall support
community-based efforts to address distinctive cultural and
linguistic responses to domestic violence, dating violence,
sexual assault, and stalking.
(3) Technical assistance and training.--The Director shall
provide technical assistance and training to grantees of this
and other programs under this Act regarding the development
and provision of effective culturally and linguistically
specific community-based services by entering into
cooperative agreements or contracts with an organization or
organizations having a demonstrated expertise in and whose
primary purpose is addressing the development and provision
of culturally and linguistically specific community-based
services to victims of domestic violence, dating violence,
sexual assault, and stalking.
(c) Eligible Entities.--Eligible entities for grants under
this Section include--
(1) community-based programs whose primary purpose is
providing culturally and linguistically specific services to
victims of domestic violence, dating violence, sexual
assault, and stalking; and
(2) community-based programs whose primary purpose is
providing culturally and linguistically specific services who
can partner with a program having demonstrated expertise in
serving victims of domestic violence, dating violence, sexual
assault, and stalking.
(d) Reporting.--The Director shall issue a biennial report
on the distribution of funding under this section, the
progress made in replicating and supporting increased
services to victims of domestic violence, dating violence,
sexual assault, and stalking who face obstacles to using more
traditional services and resources, and the types of
culturally and linguistically accessible programs,
strategies, technical assistance, and training developed or
enhanced through this program.
(e) Grant Period.--The Director shall award grants for a 2-
year period, with a possible extension of another 2 years to
implement projects under the grant.
(f) Evaluation.--The Director shall award a contract or
cooperative agreement to evaluate programs under this section
to an entity with the demonstrated expertise in and primary
goal of providing enhanced cultural and linguistic access to
services and resources for victims of domestic violence,
dating violence, sexual assault, and stalking who face
obstacles to using more traditional services and resources.
(g) Non-Exclusivity.--Nothing in this Section shall be
interpreted to exclude linguistic and culturally specific
community-based programs from applying to other grant
programs authorized under this Act.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. FINDINGS.
Congress finds the following:
(1) Nearly \1/3\ of American women report physical or
sexual abuse by a husband or boyfriend at some point in their
lives.
(2) According to the National Crime Victimization Survey,
248,000 Americans 12 years of age and older were raped or
sexually assaulted in 2002.
(3) Rape and sexual assault in the United States is
estimated to cost $127,000,000,000 per year, including--
(A) lost productivity;
(B) medical and mental health care;
(C) police and fire services;
(D) social services;
(E) loss of and damage to property; and
(F) reduced quality of life.
(4) Nonreporting of sexual assault in rural areas is a
particular problem because of the high rate of nonstranger
sexual assault.
(5) Geographic isolation often compounds the problems
facing sexual assault victims. The lack of anonymity and
accessible support services can limit opportunities for
justice for victims.
(6) Domestic elder abuse is primarily family abuse. The
National Elder Abuse Incidence Study found that the
perpetrator was a family member in 90 percent of cases.
(7) Barriers for older victims leaving abusive
relationships include--
(A) the inability to support themselves;
(B) poor health that increases their dependence on the
abuser;
(C) fear of being placed in a nursing home; and
(D) ineffective responses by domestic abuse programs and
law enforcement.
(8) Disabled women comprise another vulnerable population
with unmet needs. Women with disabilities are more likely to
be the victims of abuse and violence than women without
disabilities because of their increased physical, economic,
social, or psychological dependence on others.
(9) Many women with disabilities also fail to report the
abuse, since they are dependent on their abusers and fear
being abandoned or institutionalized.
(10) Of the 598 battered women's programs surveyed--
(A) only 35 percent of these programs offered disability
awareness training for their staff; and
(B) only 16 percent dedicated a staff member to provide
services to women with disabilities.
(11) Problems of domestic violence are exacerbated for
immigrants when spouses control the immigration status of
their family members, and
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abusers use threats of refusal to file immigration papers and
threats to deport spouses and children as powerful tools to
prevent battered immigrant women from seeking help, trapping
battered immigrant women in violent homes because of fear of
deportation.
(12) Battered immigrant women who attempt to flee abusive
relationships may not have access to bilingual shelters or
bilingual professionals, and face restrictions on public or
financial assistance. They may also lack assistance of a
certified interpreter in court, when reporting complaints to
the police or a 9-1-1 operator, or even in acquiring
information about their rights and the legal system.
(13) More than 500 men and women call the National Domestic
Violence Hotline every day to get immediate, informed, and
confidential assistance to help deal with family violence.
(14) The National Domestic Violence Hotline service is
available, toll-free, 24 hours a day and 7 days a week, with
bilingual staff, access to translators in 150 languages, and
a TTY line for the hearing-impaired.
(15) With access to over 5,000 shelters and service
providers across the United States, Puerto Rico, and the
United States Virgin Islands, the National Domestic Violence
Hotline provides crisis intervention and immediately connects
callers with sources of help in their local community.
(16) Approximately 60 percent of the callers indicate that
calling the Hotline is their first attempt to address a
domestic violence situation and that they have not called the
police or any other support services.
(17) Between 2000 and 2003, there was a 27 percent increase
in call volume at the National Domestic Violence Hotline.
(18) Improving technology infrastructure at the National
Domestic Violence Hotline and training advocates, volunteers,
and other staff on upgraded technology will drastically
increase the Hotline's ability to answer more calls quickly
and effectively.
SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.
Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by
inserting after section 2012, as added by this Act, the
following:
``SEC. 2014. SEXUAL ASSAULT SERVICES.
``(a) Purposes.--The purposes of this section are--
``(1) to assist States, Indian tribes, and territories in
providing intervention, advocacy, accompaniment, support
services, and related assistance for--
``(A) adult, youth, and child victims of sexual assault;
``(B) family and household members of such victims; and
``(C) those collaterally affected by the victimization,
except for the perpetrator of such victimization;
``(2) to provide for technical assistance and training
relating to sexual assault to--
``(A) Federal, State, tribal, territorial and local
governments, law enforcement agencies, and courts;
``(B) professionals working in legal, social service, and
health care settings;
``(C) nonprofit organizations;
``(D) faith-based organizations; and
``(E) other individuals and organizations seeking such
assistance.
``(b) Grants to States and Territories.--
``(1) Grants authorized.--The Attorney General shall award
grants to States and territories to support the
establishment, maintenance, and expansion of rape crisis
centers and other programs and projects to assist those
victimized by sexual assault.
``(2) Allocation and use of funds.--
``(A) Administrative costs.--Not more than 5 percent of the
grant funds received by a State or territory governmental
agency under this subsection for any fiscal year may be used
for administrative costs.
``(B) Grant funds.--Any funds received by a State or
territory under this subsection that are not used for
administrative costs shall be used to provide grants to rape
crisis centers and other nonprofit, nongovernmental
organizations for programs and activities within such State
or territory that provide direct intervention and related
assistance.
``(C) Intervention and related assistance.--Intervention
and related assistance under subparagraph (B) may include--
``(i) 24 hour hotline services providing crisis
intervention services and referral;
``(ii) accompaniment and advocacy through medical, criminal
justice, and social support systems, including medical
facilities, police, and court proceedings;
``(iii) crisis intervention, short-term individual and
group support services, and comprehensive service
coordination and supervision to assist sexual assault victims
and family or household members;
``(iv) information and referral to assist the sexual
assault victim and family or household members;
``(v) community-based, linguistically and culturally
specific services and support mechanisms, including outreach
activities for underserved communities; and
``(vi) the development and distribution of materials on
issues related to the services described in clauses (i)
through (v).
``(3) Application.--
``(A) In general.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Attorney General at such time and in such manner as the
Attorney General may reasonably require.
``(B) Contents.--Each application submitted under
subparagraph (A) shall--
``(i) set forth procedures designed to ensure meaningful
involvement of the State or territorial sexual assault
coalition and representatives from underserved communities in
the development of the application and the implementation of
the plans;
``(ii) set forth procedures designed to ensure an equitable
distribution of grants and grant funds within the State or
territory and between urban and rural areas within such State
or territory;
``(iii) identify the State or territorial agency that is
responsible for the administration of programs and
activities; and
``(iv) meet other such requirements as the Attorney General
reasonably determines are necessary to carry out the purposes
and provisions of this section.
``(4) Minimum amount.--The Attorney General shall allocate
to each State not less than 1.50 percent of the total amount
appropriated in a fiscal year for grants under this section,
except that the United States Virgin Islands, American Samoa,
Guam, the District of Columbia, Puerto Rico, and the
Commonwealth of the Northern Mariana Islands shall each be
allocated 0.125 percent of the total appropriations. The
remaining funds shall be allotted to each State and each
territory in an amount that bears the same ratio to such
remaining funds as the population of such State and such
territory bears to the population of the combined States or
the population of the combined territories.
``(c) Grants for Culturally Specific Programs Addressing
Sexual Assault.--
``(1) Grants authorized.--The Attorney General shall award
grants to eligible entities to support the establishment,
maintenance, and expansion of culturally specific
intervention and related assistance for victims of sexual
assault.
``(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
``(A) be a private nonprofit organization that focuses
primarily on culturally specific communities;
``(B) must have documented organizational experience in the
area of sexual assault intervention or have entered into a
partnership with an organization having such expertise;
``(C) have expertise in the development of community-based,
linguistically and culturally specific outreach and
intervention services relevant for the specific communities
to whom assistance would be provided or have the capacity to
link to existing services in the community tailored to the
needs of culturally specific populations; and
``(D) have an advisory board or steering committee and
staffing which is reflective of the targeted culturally
specific community.
``(3) Award basis.--The Attorney General shall award grants
under this section on a competitive basis.
``(4) Distribution.--
``(A) The Attorney General shall not use more than 2.5
percent of funds appropriated under this subsection in any
year for administration, monitoring, and evaluation of grants
made available under this subsection.
``(B) Up to 5 percent of funds appropriated under this
subsection in any year shall be available for technical
assistance by a national, nonprofit, nongovernmental
organization or organizations whose primary focus and
expertise is in addressing sexual assault within underserved
culturally specific populations.
``(5) Term.--The Attorney General shall make grants under
this section for a period of no less than 2 fiscal years.
``(6) Reporting.--Each entity receiving a grant under this
subsection shall submit a report to the Attorney General that
describes the activities carried out with such grant funds.
``(d) Grants to State, Territorial, and Tribal Sexual
Assault Coalitions.--
``(1) Grants authorized.--
``(A) In general.--The Attorney General shall award grants
to State, territorial, and tribal sexual assault coalitions
to assist in supporting the establishment, maintenance, and
expansion of such coalitions.
``(B) Minimum amount.--Not less than 10 percent of the
total amount appropriated to carry out this section shall be
used for grants under subparagraph (A).
``(C) Eligible applicants.--Each of the State, territorial,
and tribal sexual assault coalitions.
``(2) Use of funds.--Grant funds received under this
subsection may be used to--
``(A) work with local sexual assault programs and other
providers of direct services to encourage appropriate
responses to sexual assault within the State, territory, or
tribe;
``(B) work with judicial and law enforcement agencies to
encourage appropriate responses to sexual assault cases;
``(C) work with courts, child protective services agencies,
and children's advocates to develop appropriate responses to
child custody and visitation issues when sexual assault has
been determined to be a factor;
``(D) design and conduct public education campaigns;
``(E) plan and monitor the distribution of grants and grant
funds to their State, territory, or tribe; or
``(F) collaborate with and inform Federal, State, or local
public officials and agencies to develop and implement
policies to reduce or eliminate sexual assault.
``(3) Allocation and use of funds.--From amounts
appropriated for grants under this subsection for each fiscal
year--
``(A) not less than 10 percent of the funds shall be
available for grants to tribal sexual assault coalitions;
``(B) the remaining funds shall be available for grants to
State and territorial coalitions, and the Attorney General
shall allocate an amount equal to \1/56\ of the amounts so
appropriated to each of those State and territorial
coalitions.
``(4) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Attorney General at such
[[Page H12086]]
time, in such manner, and containing such information as the
Attorney General determines to be essential to carry out the
purposes of this section.
``(5) First-time applicants.--No entity shall be prohibited
from submitting an application under this subsection during
any fiscal year for which funds are available under this
subsection because such entity has not previously applied or
received funding under this subsection.
``(e) Grants to Tribes.--
``(1) Grants authorized.--The Attorney General may award
grants to Indian tribes, tribal organizations, and nonprofit
tribal organizations for the operation of sexual assault
programs or projects in Indian country and Alaska Native
villages to support the establishment, maintenance, and
expansion of programs and projects to assist those victimized
by sexual assault.
``(2) Allocation and use of funds.--
``(A) Administrative costs.--Not more than 5 percent of the
grant funds received by an Indian tribe, tribal organization,
and nonprofit tribal organization under this subsection for
any fiscal year may be used for administrative costs.
``(B) Grant funds.--Any funds received under this
subsection that are not used for administrative costs shall
be used to provide grants to tribal organizations and
nonprofit tribal organizations for programs and activities
within Indian country and Alaskan native villages that
provide direct intervention and related assistance.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$50,000,000 for each of the fiscal years 2007 through 2011 to
carry out the provisions of this section.
``(2) Allocations.--Of the total amounts appropriated for
each fiscal year to carry out this section--
``(A) not more than 2.5 percent shall be used by the
Attorney General for evaluation, monitoring, and other
administrative costs under this section;
``(B) not more than 2.5 percent shall be used for the
provision of technical assistance to grantees and subgrantees
under this section;
``(C) not less than 65 percent shall be used for grants to
States and territories under subsection (b);
``(D) not less than 10 percent shall be used for making
grants to State, territorial, and tribal sexual assault
coalitions under subsection (d);
``(E) not less than 10 percent shall be used for grants to
tribes under subsection (e); and
``(F) not less than 10 percent shall be used for grants for
culturally specific programs addressing sexual assault under
subsection (c).''.
SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD
ABUSE ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Safe Homes for Women Act of 1994 (42
U.S.C. 13971) is amended to read as follows:
``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, STALKING, AND CHILD ABUSE
ENFORCEMENT ASSISTANCE.
``(a) Purposes.--The purposes of this section are--
``(1) to identify, assess, and appropriately respond to
child, youth, and adult victims of domestic violence, sexual
assault, dating violence, and stalking in rural communities,
by encouraging collaboration among--
``(A) domestic violence, dating violence, sexual assault,
and stalking victim service providers;
``(B) law enforcement agencies;
``(C) prosecutors;
``(D) courts;
``(E) other criminal justice service providers;
``(F) human and community service providers;
``(G) educational institutions; and
``(H) health care providers;
``(2) to establish and expand nonprofit, nongovernmental,
State, tribal, territorial, and local government victim
services in rural communities to child, youth, and adult
victims; and
``(3) to increase the safety and well-being of women and
children in rural communities, by--
``(A) dealing directly and immediately with domestic
violence, sexual assault, dating violence, and stalking
occurring in rural communities; and
``(B) creating and implementing strategies to increase
awareness and prevent domestic violence, sexual assault,
dating violence, and stalking.
``(b) Grants Authorized.--The Attorney General, acting
through the Director of the Office on Violence Against Women
(referred to in this section as the `Director'), may award
grants to States, Indian tribes, local governments, and
nonprofit, public or private entities, including tribal
nonprofit organizations, to carry out programs serving rural
areas or rural communities that address domestic violence,
dating violence, sexual assault, and stalking by--
``(1) implementing, expanding, and establishing cooperative
efforts and projects among law enforcement officers,
prosecutors, victim advocacy groups, and other related
parties to investigate and prosecute incidents of domestic
violence, dating violence, sexual assault, and stalking;
``(2) providing treatment, counseling, advocacy, and other
long- and short-term assistance to adult and minor victims of
domestic violence, dating violence, sexual assault, and
stalking in rural communities, including assistance in
immigration matters; and
``(3) working in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
``(c) Use of Funds.--Funds appropriated pursuant to this
section shall be used only for specific programs and
activities expressly described in subsection (a).
``(d) Allotments and Priorities.--
``(1) Allotment for indian tribes.--Not less than 10
percent of the total amount made available for each fiscal
year to carry out this section shall be allocated for grants
to Indian tribes or tribal organizations.
``(2) Allotment for sexual assault.--
``(A) In general.--Not less than 25 percent of the total
amount appropriated in a fiscal year under this section shall
fund services that meaningfully address sexual assault in
rural communities, however at such time as the amounts
appropriated reach the amount of $45,000,000, the percentage
allocated shall rise to 30 percent of the total amount
appropriated, at such time as the amounts appropriated reach
the amount of $50,000,000, the percentage allocated shall
rise to 35 percent of the total amount appropriated, and at
such time as the amounts appropriated reach the amount of
$55,000,000, the percentage allocated shall rise to 40
percent of the amounts appropriated.
``(B) Multiple purpose applications.--Nothing in this
section shall prohibit any applicant from applying for
funding to address sexual assault, domestic violence,
stalking, or dating violence in the same application.
``(3) Allotment for technical assistance.--Of the amounts
appropriated for each fiscal year to carry out this section,
not more than 8 percent may be used by the Director for
technical assistance costs. Of the amounts appropriated in
this subsection, no less than 25 percent of such amounts
shall be available to a nonprofit, nongovernmental
organization or organizations whose focus and expertise is in
addressing sexual assault to provide technical assistance to
sexual assault grantees.
``(4) Underserved populations.--In awarding grants under
this section, the Director shall give priority to the needs
of underserved populations.
``(5) Allocation of funds for rural states.--Not less than
75 percent of the total amount made available for each fiscal
year to carry out this section shall be allocated to eligible
entities located in rural States.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$55,000,000 for each of the fiscal years 2007 through 2011 to
carry out this section.
``(2) Additional funding.--In addition to funds received
through a grant under subsection (b), a law enforcement
agency may use funds received through a grant under part Q of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd et seq.) to accomplish the objectives
of this section.''.
SEC. 204. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
WITH DISABILITIES.
(a) In General.--Section 1402 of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg-7) is amended to read as
follows:
``SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO
END VIOLENCE AGAINST AND ABUSE OF WOMEN WITH
DISABILITIES.
``(a) In General.--The Attorney General, in consultation
with the Secretary of Health and Human Services, may award
grants to eligible entities--
``(1) to provide training, consultation, and information on
domestic violence, dating violence, stalking, and sexual
assault against individuals with disabilities (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)); and
``(2) to enhance direct services to such individuals.
``(b) Use of Funds.--Grants awarded under this section
shall be used--
``(1) to provide personnel, training, technical assistance,
advocacy, intervention, risk reduction and prevention of
domestic violence, dating violence, stalking, and sexual
assault against disabled individuals;
``(2) to conduct outreach activities to ensure that
disabled individuals who are victims of domestic violence,
dating violence, stalking, or sexual assault receive
appropriate assistance;
``(3) to conduct cross-training for victim service
organizations, governmental agencies, courts, law
enforcement, and nonprofit, nongovernmental organizations
serving individuals with disabilities about risk reduction,
intervention, prevention and the nature of domestic violence,
dating violence, stalking, and sexual assault for disabled
individuals;
``(4) to provide technical assistance to assist with
modifications to existing policies, protocols, and procedures
to ensure equal access to the services, programs, and
activities of victim service organizations for disabled
individuals;
``(5) to provide training and technical assistance on the
requirements of shelters and victim services organizations
under Federal antidiscrimination laws, including--
``(A) the Americans with Disabilities Act of 1990; and
``(B) section 504 of the Rehabilitation Act of 1973;
``(6) to modify facilities, purchase equipment, and provide
personnel so that shelters and victim service organizations
can accommodate the needs of disabled individuals;
``(7) to provide advocacy and intervention services for
disabled individuals who are victims of domestic violence,
dating violence, stalking, or sexual assault; or
``(8) to develop model programs providing advocacy and
intervention services within organizations serving disabled
individuals who are victims of domestic violence, dating
violence, sexual assault, or stalking.
``(c) Eligible Entities.--
``(1) In general.--An entity shall be eligible to receive a
grant under this section if the entity is--
``(A) a State;
``(B) a unit of local government;
[[Page H12087]]
``(C) an Indian tribal government or tribal organization;
or
``(D) a nonprofit and nongovernmental victim services
organization, such as a State domestic violence or sexual
assault coalition or a nonprofit, nongovernmental
organization serving disabled individuals.
``(2) Limitation.--A grant awarded for the purpose
described in subsection (b)(8) shall only be awarded to an
eligible agency (as defined in section 410 of the
Rehabilitation Act of 1973 (29 U.S.C. 796f-5).
``(d) Underserved Populations.--In awarding grants under
this section, the Director shall ensure that the needs of
underserved populations are being addressed.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated $10,000,000 for each of the
fiscal years 2007 through 2011 to carry out this section.''.
SEC. 205. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
IN LATER LIFE.
(a) Training Programs.--Section 40802 of the Violence
Against Women Act of 1994 (42 U.S.C. 14041a) is amended to
read as follows:
``SEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE
AGAINST AND ABUSE OF WOMEN LATER IN LIFE.
``(a) Grants Authorized.--The Attorney General, through the
Director of the Office on Violence Against Women, may award
grants, which may be used for--
``(1) training programs to assist law enforcement,
prosecutors, governmental agencies, victim assistants, and
relevant officers of Federal, State, tribal, territorial, and
local courts in recognizing, addressing, investigating, and
prosecuting instances of elder abuse, neglect, and
exploitation, including domestic violence, dating violence,
sexual assault, or stalking against victims who are 50 years
of age or older;
``(2) providing or enhancing services for victims of elder
abuse, neglect, and exploitation, including domestic
violence, dating violence, sexual assault, or stalking, who
are 50 years of age or older;
``(3) creating or supporting multidisciplinary
collaborative community responses to victims of elder abuse,
neglect, and exploitation, including domestic violence,
dating violence, sexual assault, and stalking, who are 50
years of age or older; and
``(4) conducting cross-training for victim service
organizations, governmental agencies, courts, law
enforcement, and nonprofit, nongovernmental organizations
serving victims of elder abuse, neglect, and exploitation,
including domestic violence, dating violence, sexual assault,
and stalking, who are 50 years of age or older.
``(b) Eligible Entities.--An entity shall be eligible to
receive a grant under this section if the entity is--
``(1) a State;
``(2) a unit of local government;
``(3) an Indian tribal government or tribal organization;
or
``(4) a nonprofit and nongovernmental victim services
organization with demonstrated experience in assisting
elderly women or demonstrated experience in addressing
domestic violence, dating violence, sexual assault, and
stalking.
``(c) Underserved Populations.--In awarding grants under
this section, the Director shall ensure that services are
culturally and linguistically relevant and that the needs of
underserved populations are being addressed.''.
(b) Authorization of Appropriations.--Section 40803 of the
Violence Against Women Act of 1994 (42 U.S.C. 14041b) is
amended by striking ``$5,000,000 for each of fiscal years
2001 through 2005'' and inserting ``$10,000,000 for each of
the fiscal years 2007 through 2011''.
SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIOLENCE
HOTLINE.
Section 316 of the Family Violence Prevention and Services
Act (42 U.S.C. 10416) is amended--
(1) in subsection (d)(2), by inserting ``(including
technology training)'' after ``train;''
(2) in subsection (f)(2)(A), by inserting ``, including
technology training to ensure that all persons affiliated
with the hotline are able to effectively operate any
technological systems used by the hotline'' after ``hotline
personnel''; and
(3) in subsection (g)(2), by striking ``shall'' and
inserting ``may''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. FINDINGS.
Congress finds the following:
(1) Youth, under the age of 18, account for 67 percent of
all sexual assault victimizations reported to law enforcement
officials.
(2) The Department of Justice consistently finds that young
women between the ages of 16 and 24 experience the highest
rate of non-fatal intimate partner violence.
(3) In 1 year, over 4,000 incidents of rape or sexual
assault occurred in public schools across the country.
(4) Young people experience particular obstacles to seeking
help. They often do not have access to money, transportation,
or shelter services. They must overcome issues such as
distrust of adults, lack of knowledge about available
resources, or pressure from peers and parents.
(5) A needs assessment on teen relationship abuse for the
State of California, funded by the California Department of
Health Services, identified a desire for confidentiality and
confusion about the law as 2 of the most significant barriers
to young victims of domestic and dating violence seeking
help.
(6) Only one State specifically allows for minors to
petition the court for protection orders.
(7) Many youth are involved in dating relationships, and
these relationships can include the same kind of domestic
violence and dating violence seen in the adult population. In
fact, more than 40 percent of all incidents of domestic
violence involve people who are not married.
(8) 40 percent of girls ages 14 to 17 report knowing
someone their age who has been hit or beaten by a boyfriend,
and 13 percent of college women report being stalked.
(9) Of college women who said they had been the victims of
rape or attempted rape, 12.8 percent of completed rapes, 35
percent of attempted rapes, and 22.9 percent of threatened
rapes took place on a date. Almost 60 percent of the
completed rapes that occurred on campus took place in the
victim's residence.
(10) According to a 3-year study of student-athletes at 10
Division I universities, male athletes made up only 3.3
percent of the general male university population, but they
accounted for 19 percent of the students reported for sexual
assault and 35 percent of domestic violence perpetrators.
SEC. 302. RAPE PREVENTION AND EDUCATION.
Section 393B(c) of part J of title III of the Public Health
Service Act (42 U.S.C. 280b-1c(c)) is amended to read as
follows:
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $80,000,000 for each of fiscal
years 2007 through 2011.
``(2) National sexual violence resource center allotment.--
Of the total amount made available under this subsection in
each fiscal year, not less than $1,500,000 shall be available
for allotment under subsection (b).''.
SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUSTICE FOR
YOUNG VICTIMS OF VIOLENCE.
The Violence Against Women Act of 1994 (Public Law 103-322,
Stat. 1902 et seq.) is amended by adding at the end the
following:
``Subtitle L--Services, Education, Protection and Justice for Young
Victims of Violence
``SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH.
``(a) Grants Authorized.--The Attorney General, in
consultation with the Department of Health and Human
Services, shall award grants to eligible entities to conduct
programs to serve youth victims of domestic violence, dating
violence, sexual assault, and stalking. Amounts appropriated
under this section may only be used for programs and
activities described under subsection (c).
``(b) Eligible Grantees.--To be eligible to receive a grant
under this section, an entity shall be--
``(1) a nonprofit, nongovernmental entity, the primary
purpose of which is to provide services to teen and young
adult victims of domestic violence, dating violence, sexual
assault, or stalking;
``(2) a community-based organization specializing in
intervention or violence prevention services for youth;
``(3) an Indian Tribe or tribal organization providing
services primarily to tribal youth or tribal victims of
domestic violence, dating violence, sexual assault or
stalking; or
``(4) a nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by domestic
or sexual abuse.
``(c) Use of Funds.--
``(1) In general.--An entity that receives a grant under
this section shall use amounts provided under the grant to
design or replicate, and implement, programs and services,
using domestic violence, dating violence, sexual assault, and
stalking intervention models to respond to the needs of youth
who are victims of domestic violence, dating violence, sexual
assault or stalking.
``(2) Types of programs.--Such a program--
``(A) shall provide direct counseling and advocacy for
youth and young adults, who have experienced domestic
violence, dating violence, sexual assault or stalking;
``(B) shall include linguistically, culturally, and
community relevant services for underserved populations or
linkages to existing services in the community tailored to
the needs of underserved populations;
``(C) may include mental health services for youth and
young adults who have experienced domestic violence, dating
violence, sexual assault, or stalking;
``(D) may include legal advocacy efforts on behalf of youth
and young adults with respect to domestic violence, dating
violence, sexual assault or stalking;
``(E) may work with public officials and agencies to
develop and implement policies, rules, and procedures in
order to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking against youth and
young adults; and
``(F) may use not more than 25 percent of the grant funds
to provide additional services and resources for youth,
including childcare, transportation, educational support, and
respite care.
``(d) Awards Basis.--
``(1) Grants to indian tribes.--Not less than 7 percent of
funds appropriated under this section in any year shall be
available for grants to Indian Tribes or tribal
organizations.
``(2) Administration.--The Attorney General shall not use
more than 2.5 percent of funds appropriated under this
section in any year for administration, monitoring, and
evaluation of grants made available under this section.
``(3) Technical assistance.--Not less than 5 percent of
funds appropriated under this section in any year shall be
available to provide technical assistance for programs funded
under this section.
``(e) Term.--The Attorney General shall make the grants
under this section for a period of 3 fiscal years.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2007 through 2011.
``SEC. 41202. ACCESS TO JUSTICE FOR YOUTH.
``(a) Purpose.--It is the purpose of this section to
encourage cross training and collaboration between the
courts, domestic violence and
[[Page H12088]]
sexual assault service providers, youth organizations and
service providers, violence prevention programs, and law
enforcement agencies, so that communities can establish and
implement policies, procedures, and practices to protect and
more comprehensively and effectively serve young victims of
dating violence, domestic violence, sexual assault, and
stalking who are between the ages of 12 and 24, and to
engage, where necessary, other entities addressing the
safety, health, mental health, social service, housing, and
economic needs of young victims of domestic violence, dating
violence, sexual assault, and stalking, including community-
based supports such as schools, local health centers,
community action groups, and neighborhood coalitions.
``(b) Grant Authority.--
``(1) In general.--The Attorney General, through the
Director of the Office on Violence Against Women (in this
section referred to as the `Director'), shall make grants to
eligible entities to carry out the purposes of this section.
``(2) Grant periods.--Grants shall be awarded under this
section for a period of 2 fiscal years.
``(3) Eligible entities.--To be eligible for a grant under
this section, a grant applicant shall establish a
collaboration that--
``(A) shall include a victim service provider that has a
documented history of effective work concerning domestic
violence, dating violence, sexual assault, or stalking and
the effect that those forms of abuse have on young people;
``(B) shall include a court or law enforcement agency
partner; and
``(C) may include--
``(i) batterer intervention programs or sex offender
treatment programs with specialized knowledge and experience
working with youth offenders;
``(ii) community-based youth organizations that deal
specifically with the concerns and problems faced by youth,
including programs that target teen parents and underserved
communities;
``(iii) schools or school-based programs designed to
provide prevention or intervention services to youth
experiencing problems;
``(iv) faith-based entities that deal with the concerns and
problems faced by youth;
``(v) healthcare entities eligible for reimbursement under
title XVIII of the Social Security Act, including providers
that target the special needs of youth;
``(vi) education programs on HIV and other sexually
transmitted diseases that are designed to target teens;
``(vii) Indian Health Service, tribal child protective
services, the Bureau of Indian Affairs, or the Federal Bureau
of Investigations; or
``(viii) law enforcement agencies of the Bureau of Indian
Affairs providing tribal law enforcement.
``(c) Uses of Funds.--An entity that receives a grant under
this section shall use the funds made available through the
grant for cross-training and collaborative efforts--
``(1) addressing domestic violence, dating violence, sexual
assault, and stalking, assessing and analyzing currently
available services for youth and young adult victims,
determining relevant barriers to such services in a
particular locality, and developing a community protocol to
address such problems collaboratively;
``(2) to establish and enhance linkages and collaboration
between--
``(A) domestic violence and sexual assault service
providers; and
``(B) where applicable, law enforcement agencies, courts,
Federal agencies, and other entities addressing the safety,
health, mental health, social service, housing, and economic
needs of young victims of abuse, including community-based
supports such as schools, local health centers, community
action groups, and neighborhood coalitions--
``(i) to respond effectively and comprehensively to the
varying needs of young victims of abuse;
``(ii) to include linguistically, culturally, and community
relevant services for underserved populations or linkages to
existing services in the community tailored to the needs of
underserved populations; and
``(iii) to include where appropriate legal assistance,
referral services, and parental support;
``(3) to educate the staff of courts, domestic violence and
sexual assault service providers, and, as applicable, the
staff of law enforcement agencies, Indian child welfare
agencies, youth organizations, schools, healthcare providers,
and other community prevention and intervention programs to
responsibly address youth victims and perpetrators of
domestic violence, dating violence, sexual assault, and
stalking;
``(4) to identify, assess, and respond appropriately to
dating violence, domestic violence, sexual assault, or
stalking against teens and young adults and meet the needs of
young victims of violence; and
``(5) to provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault, and stalking and ensure necessary services
dealing with the health and mental health of victims are
available.
``(d) Grant Applications.--To be eligible for a grant under
this section, the entities that are members of the applicant
collaboration described in subsection (b)(3) shall jointly
submit an application to the Director at such time, in such
manner, and containing such information as the Director may
require.
``(e) Priority.--In awarding grants under this section, the
Director shall give priority to entities that have submitted
applications in partnership with community organizations and
service providers that work primarily with youth, especially
teens, and who have demonstrated a commitment to coalition
building and cooperative problem solving in dealing with
problems of dating violence, domestic violence, sexual
assault, and stalking in teen populations.
``(f) Distribution.--In awarding grants under this
section--
``(1) not less than 10 percent of funds appropriated under
this section in any year shall be available to Indian tribal
governments to establish and maintain collaborations
involving the appropriate tribal justice and social services
departments or domestic violence or sexual assault service
providers, the purpose of which is to provide culturally
appropriate services to American Indian women or youth;
``(2) the Director shall not use more than 2.5 percent of
funds appropriated under this section in any year for
monitoring and evaluation of grants made available under this
section;
``(3) the Attorney General of the United States shall not
use more than 2.5 percent of funds appropriated under this
section in any year for administration of grants made
available under this section; and
``(4) up to 8 percent of funds appropriated under this
section in any year shall be available to provide technical
assistance for programs funded under this section.
``(g) Dissemination of Information.--Not later than 12
months after the end of the grant period under this section,
the Director shall prepare, submit to Congress, and make
widely available, including through electronic means,
summaries that contain information on--
``(1) the activities implemented by the recipients of the
grants awarded under this section; and
``(2) related initiatives undertaken by the Director to
promote attention to dating violence, domestic violence,
sexual assault, and stalking and their impact on young
victims by--
``(A) the staffs of courts;
``(B) domestic violence, dating violence, sexual assault,
and stalking victim service providers; and
``(C) law enforcement agencies and community organizations.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$5,000,000 in each of fiscal years 2007 through 2011.
``SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION ON THE
INTERSECTION BETWEEN DOMESTIC VIOLENCE AND
CHILD MALTREATMENT.
``(a) Purpose.--The purpose of this section is to support
efforts by child welfare agencies, domestic violence or
dating violence victim services providers, courts, law
enforcement, and other related professionals and community
organizations to develop collaborative responses and services
and provide cross-training to enhance community responses to
families where there is both child maltreatment and domestic
violence.
``(b) Grants Authorized.--The Secretary of the Department
of Health and Human Services (in this section referred to as
the `Secretary'), through the Family and Youth Services
Bureau, and in consultation with the Office on Violence
Against Women, shall award grants on a competitive basis to
eligible entities for the purposes and in the manner
described in this section.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$5,000,000 for each of fiscal years 2007 through 2011. Funds
appropriated under this section shall remain available until
expended. Of the amounts appropriated to carry out this
section for each fiscal year, the Secretary shall--
``(1) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting activities
under this section;
``(2) set aside not more than 7 percent for grants to
Indian tribes to develop programs addressing child
maltreatment and domestic violence or dating violence that
are operated by, or in partnership with, a tribal
organization; and
``(3) set aside up to 8 percent for technical assistance
and training to be provided by organizations having
demonstrated expertise in developing collaborative community
and system responses to families in which there is both child
maltreatment and domestic violence or dating violence, which
technical assistance and training may be offered to
jurisdictions in the process of developing community
responses to families in which children are exposed to child
maltreatment and domestic violence or dating violence,
whether or not they are receiving funds under this section.
``(d) Underserved Populations.--In awarding grants under
this section, the Secretary shall consider the needs of
underserved populations.
``(e) Grant Awards.--The Secretary shall award grants under
this section for periods of not more than 2 fiscal years.
``(f) Uses of Funds.--Entities receiving grants under this
section shall use amounts provided to develop collaborative
responses and services and provide cross-training to enhance
community responses to families where there is both child
maltreatment and domestic violence or dating violence.
Amounts distributed under this section may only be used for
programs and activities described in subsection (g).
``(g) Programs and Activities.--The programs and activities
developed under this section shall--
``(1) encourage cross training, education, service
development, and collaboration among child welfare agencies,
domestic violence victim service providers, and courts, law
enforcement agencies, community-based programs, and other
entities, in order to ensure that such entities have the
capacity to and will identify, assess, and respond
appropriately to--
``(A) domestic violence or dating violence in homes where
children are present and may be exposed to the violence;
``(B) domestic violence or dating violence in child
protection cases; and
``(C) the needs of both the child and nonabusing parent;
[[Page H12089]]
``(2) establish and implement policies, procedures,
programs, and practices for child welfare agencies, domestic
violence victim service providers, courts, law enforcement
agencies, and other entities, that are consistent with the
principles of protecting and increasing the immediate and
long-term safety and well being of children and non-abusing
parents and caretakers;
``(3) increase cooperation and enhance linkages between
child welfare agencies, domestic violence victim service
providers, courts, law enforcement agencies, and other
entities to provide more comprehensive community-based
services (including health, mental health, social service,
housing, and neighborhood resources) to protect and to serve
both child and adult victims;
``(4) identify, assess, and respond appropriately to
domestic violence or dating violence in child protection
cases and to child maltreatment when it co-occurs with
domestic violence or dating violence;
``(5) analyze and change policies, procedures, and
protocols that contribute to overrepresentation of certain
populations in the court and child welfare system; and
``(6) provide appropriate referrals to community-based
programs and resources, such as health and mental health
services, shelter and housing assistance for adult and youth
victims and their children, legal assistance and advocacy for
adult and youth victims, assistance for parents to help their
children cope with the impact of exposure to domestic
violence or dating violence and child maltreatment,
appropriate intervention and treatment for adult perpetrators
of domestic violence or dating violence whose children are
the subjects of child protection cases, programs providing
support and assistance to underserved populations, and other
necessary supportive services.
``(h) Grantee Requirements.--
``(1) Applications.--Under this section, an entity shall
prepare and submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, consistent with the requirements
described herein. The application shall--
``(A) ensure that communities impacted by these systems or
organizations are adequately represented in the development
of the application, the programs and activities to be
undertaken, and that they have a significant role in
evaluating the success of the project;
``(B) describe how the training and collaboration
activities will enhance or ensure the safety and economic
security of families where both child maltreatment and
domestic violence or dating violence occurs by providing
appropriate resources, protection, and support to the
victimized parents of such children and to the children
themselves; and
``(C) outline methods and means participating entities will
use to ensure that all services are provided in a
developmentally, linguistically and culturally competent
manner and will utilize community-based supports and
resources.
``(2) Eligible entities.--To be eligible for a grant under
this section, an entity shall be a collaboration that--
``(A) shall include a State or local child welfare agency
or Indian Tribe;
``(B) shall include a domestic violence or dating violence
victim service provider;
``(C) shall include a law enforcement agency or Bureau of
Indian Affairs providing tribal law enforcement;
``(D) may include a court; and
``(E) may include any other such agencies or private
nonprofit organizations and faith-based organizations,
including community-based organizations, with the capacity to
provide effective help to the child and adult victims served
by the collaboration.
``SEC. 41204. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING IN
MIDDLE AND HIGH SCHOOLS.
``(a) Short Title.--This section may be cited as the
`Supporting Teens through Education and Protection Act of
2005' or the `STEP Act'.
``(b) Grants Authorized.--The Attorney General, through the
Director of the Office on Violence Against Women, is
authorized to award grants to middle schools and high schools
that work with domestic violence and sexual assault experts
to enable the schools--
``(1) to provide training to school administrators,
faculty, counselors, coaches, healthcare providers, security
personnel, and other staff on the needs and concerns of
students who experience domestic violence, dating violence,
sexual assault, or stalking, and the impact of such violence
on students;
``(2) to develop and implement policies in middle and high
schools regarding appropriate, safe responses to, and
identification and referral procedures for, students who are
experiencing or perpetrating domestic violence, dating
violence, sexual assault, or stalking, including procedures
for handling the requirements of court protective orders
issued to or against students or school personnel, in a
manner that ensures the safety of the victim and holds the
perpetrator accountable;
``(3) to provide support services for students and school
personnel, such as a resource person who is either on-site or
on-call, and who is an expert described in subsections (i)(2)
and (i)(3), for the purpose of developing and strengthening
effective prevention and intervention strategies for students
and school personnel experiencing domestic violence, dating
violence, sexual assault or stalking;
``(4) to provide developmentally appropriate educational
programming to students regarding domestic violence, dating
violence, sexual assault, and stalking, and the impact of
experiencing domestic violence, dating violence, sexual
assault, and stalking on children and youth by adapting
existing curricula activities to the relevant student
population;
``(5) to work with existing mentoring programs and develop
strong mentoring programs for students, including student
athletes, to help them understand and recognize violence and
violent behavior, how to prevent it and how to appropriately
address their feelings; and
``(6) to conduct evaluations to assess the impact of
programs and policies assisted under this section in order to
enhance the development of the programs.
``(c) Award Basis.--The Director shall award grants and
contracts under this section on a competitive basis.
``(d) Policy Dissemination.--The Director shall disseminate
to middle and high schools any existing Department of
Justice, Department of Health and Human Services, and
Department of Education policy guidance and curricula
regarding the prevention of domestic violence, dating
violence, sexual assault, and stalking, and the impact of the
violence on children and youth.
``(e) Nondisclosure of Confidential or Private
Information.--In order to ensure the safety of adult, youth,
and minor victims of domestic violence, dating violence,
sexual assault, or stalking and their families, grantees and
subgrantees shall protect the confidentiality and privacy of
persons receiving services. Grantees and subgrantees pursuant
to this section shall not disclose any personally identifying
information or individual information collected in connection
with services requested, utilized, or denied through
grantees' and subgrantees' programs. Grantees and subgrantees
shall not reveal individual client information without the
informed, written, reasonably time-limited consent of the
person (or in the case of unemancipated minor, the minor and
the parent or guardian, except that consent for release may
not be given by the abuser of the minor or of the other
parent of the minor) about whom information is sought,
whether for this program or any other Tribal, Federal, State
or Territorial grant program. If release of such information
is compelled by statutory or court mandate, grantees and
subgrantees shall make reasonable attempts to provide notice
to victims affected by the disclosure of information. If such
personally identifying information is or will be revealed,
grantees and subgrantees shall take steps necessary to
protect the privacy and safety of the persons affected by the
release of the information. Grantees may share non-personally
identifying data in the aggregate regarding services to their
clients and non-personally identifying demographic
information in order to comply with Tribal, Federal, State or
Territorial reporting, evaluation, or data collection
requirements. Grantees and subgrantees may share court-
generated information contained in secure, governmental
registries for protection order enforcement purposes.
``(f) Grant Term and Allocation.--
``(1) Term.--The Director shall make the grants under this
section for a period of 3 fiscal years.
``(2) Allocation.--Not more than 15 percent of the funds
available to a grantee in a given year shall be used for the
purposes described in subsection (b)(4)(D), (b),(5), and
(b)(6).
``(g) Distribution.--
``(1) In general.--Not less than 5 percent of funds
appropriated under subsection (l) in any year shall be
available for grants to tribal schools, schools on tribal
lands or schools whose student population is more than 25
percent Native American.
``(2) Administration.--The Director shall not use more than
5 percent of funds appropriated under subsection (l) in any
year for administration, monitoring and evaluation of grants
made available under this section.
``(3) Training, technical assistance, and data
collection.--Not less than 5 percent of funds appropriated
under subsection (l) in any year shall be available to
provide training, technical assistance, and data collection
for programs funded under this section.
``(h) Application.--To be eligible to be awarded a grant or
contract under this section for any fiscal year, a middle or
secondary school, in consultation with an expert as described
in subsections (i)(2) and (i)(3), shall submit an application
to the Director at such time and in such manner as the
Director shall prescribe.
``(i) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be a partnership that--
``(1) shall include a public, charter, tribal, or
nationally accredited private middle or high school, a school
administered by the Department of Defense under 10 U.S.C.
2164 or 20 U.S.C. 921, a group of schools, or a school
district;
``(2) shall include a domestic violence victim service
provider that has a history of working on domestic violence
and the impact that domestic violence and dating violence
have on children and youth;
``(3) shall include a sexual assault victim service
provider, such as a rape crisis center, program serving
tribal victims of sexual assault, or coalition or other
nonprofit nongovernmental organization carrying out a
community-based sexual assault program, that has a history of
effective work concerning sexual assault and the impact that
sexual assault has on children and youth; and
``(4) may include a law enforcement agency, the State,
Tribal, Territorial or local court, nonprofit nongovernmental
organizations and service providers addressing sexual
harassment, bullying or gang-related violence in schools, and
any other such agencies or nonprofit nongovernmental
organizations with the capacity to provide effective
assistance to the adult, youth, and minor victims served by
the partnership.
[[Page H12090]]
``(j) Priority.--In awarding grants under this section, the
Director shall give priority to entities that have submitted
applications in partnership with relevant courts or law
enforcement agencies.
``(k) Reporting and Dissemination of Information.--
``(1) Reporting.--Each of the entities that are members of
the applicant partnership described in subsection (i), that
receive a grant under this section shall jointly prepare and
submit to the Director every 18 months a report detailing the
activities that the entities have undertaken under the grant
and such additional information as the Director shall
require.
``(2) Dissemination of information.--Within 9 months of the
completion of the first full grant cycle, the Director shall
publicly disseminate, including through electronic means,
model policies and procedures developed and implemented in
middle and high schools by the grantees, including
information on the impact the policies have had on their
respective schools and communities.
``(l) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $5,000,000 for each of fiscal
years 2007 through 2011.
``(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.''.
SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
(a) Grants Authorized.--
(1) In general.--The Attorney General is authorized to make
grants to institutions of higher education, for use by such
institutions or consortia consisting of campus personnel,
student organizations, campus administrators, security
personnel, and regional crisis centers affiliated with the
institution, to develop and strengthen effective security and
investigation strategies to combat domestic violence, dating
violence, sexual assault, and stalking on campuses, and to
develop and strengthen victim services in cases involving
such crimes against women on campuses, which may include
partnerships with local criminal justice authorities and
community-based victim services agencies.
(2) Award basis.--The Attorney General shall award grants
and contracts under this section on a competitive basis for a
period of 3 years. The Attorney General, through the Director
of the Office on Violence Against Women, shall award the
grants in amounts of not more than $500,000 for individual
institutions of higher education and not more than $1,000,000
for consortia of such institutions.
(3) Equitable participation.--The Attorney General shall
make every effort to ensure--
(A) the equitable participation of private and public
institutions of higher education in the activities assisted
under this section;
(B) the equitable geographic distribution of grants under
this section among the various regions of the United States;
and
(C) the equitable distribution of grants under this section
to tribal colleges and universities and traditionally black
colleges and universities.
(b) Use of Grant Funds.--Grant funds awarded under this
section may be used for the following purposes:
(1) To provide personnel, training, technical assistance,
data collection, and other equipment with respect to the
increased apprehension, investigation, and adjudication of
persons committing domestic violence, dating violence, sexual
assault, and stalking on campus.
(2) To train campus administrators, campus security
personnel, and personnel serving on campus disciplinary or
judicial boards to develop and implement campus policies,
protocols, and services that more effectively identify and
respond to the crimes of domestic violence, dating violence,
sexual assault, and stalking. Within 90 days after the date
of enactment of this Act, the Attorney General shall issue
and make available minimum standards of training relating to
domestic violence, dating violence, sexual assault, and
stalking on campus, for all campus security personnel and
personnel serving on campus disciplinary or judicial boards.
(3) To implement and operate education programs for the
prevention of domestic violence, dating violence, sexual
assault, and stalking.
(4) To develop, enlarge, or strengthen victim services
programs on the campuses of the institutions involved,
including programs providing legal, medical, or psychological
counseling, for victims of domestic violence, dating
violence, sexual assault, and stalking, and to improve
delivery of victim assistance on campus. To the extent
practicable, such an institution shall collaborate with any
entities carrying out nonprofit and other victim services
programs, including domestic violence, dating violence,
sexual assault, and stalking victim services programs in the
community in which the institution is located. If appropriate
victim services programs are not available in the community
or are not accessible to students, the institution shall, to
the extent practicable, provide a victim services program on
campus or create a victim services program in collaboration
with a community-based organization. The institution shall
use not less than 20 percent of the funds made available
through the grant for a victim services program provided in
accordance with this paragraph.
(5) To create, disseminate, or otherwise provide assistance
and information about victims' options on and off campus to
bring disciplinary or other legal action, including
assistance to victims in immigration matters.
(6) To develop, install, or expand data collection and
communication systems, including computerized systems,
linking campus security to the local law enforcement for the
purpose of identifying and tracking arrests, protection
orders, violations of protection orders, prosecutions, and
convictions with respect to the crimes of domestic violence,
dating violence, sexual assault, and stalking on campus.
(7) To provide capital improvements (including improved
lighting and communications facilities but not including the
construction of buildings) on campuses to address the crimes
of domestic violence, dating violence, sexual assault, and
stalking.
(8) To support improved coordination among campus
administrators, campus security personnel, and local law
enforcement to reduce domestic violence, dating violence,
sexual assault, and stalking on campus.
(c) Applications.--
(1) In general.--In order to be eligible to be awarded a
grant under this section for any fiscal year, an institution
of higher education shall submit an application to the
Attorney General at such time and in such manner as the
Attorney General shall prescribe.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) describe the need for grant funds and the plan for
implementation for any of the purposes described in
subsection (b);
(B) include proof that the institution of higher education
collaborated with any non-profit, nongovernmental entities
carrying out other victim services programs, including
domestic violence, dating violence, sexual assault, and
stalking victim services programs in the community in which
the institution is located;
(C) describe the characteristics of the population being
served, including type of campus, demographics of the
population, and number of students;
(D) provide measurable goals and expected results from the
use of the grant funds;
(E) provide assurances that the Federal funds made
available under this section shall be used to supplement and,
to the extent practical, increase the level of funds that
would, in the absence of Federal funds, be made available by
the institution for the purposes described in subsection (b);
and
(F) include such other information and assurances as the
Attorney General reasonably determines to be necessary.
(3) Compliance with campus crime reporting required.--No
institution of higher education shall be eligible for a grant
under this section unless such institution is in compliance
with the requirements of section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of
the total amount of grant funds appropriated under this
section for fiscal years 2007 through 2011 may be used to
provide technical assistance in complying with the mandatory
reporting requirements of section 485(f) of such Act.
(d) General Terms and Conditions.--
(1) Nonmonetary assistance.--In addition to the assistance
provided under this section, the Attorney General may request
any Federal agency to use the agency's authorities and the
resources granted to the agency under Federal law (including
personnel, equipment, supplies, facilities, and managerial,
technical, and advisory services) in support of campus
security, and investigation and victim service efforts.
(2) Grantee reporting.--
(A) Annual report.--Each institution of higher education
receiving a grant under this section shall submit a biennial
performance report to the Attorney General. The Attorney
General shall suspend funding under this section for an
institution of higher education if the institution fails to
submit such a report.
(B) Final report.--Upon completion of the grant period
under this section, the institution shall file a performance
report with the Attorney General and the Secretary of
Education explaining the activities carried out under this
section together with an assessment of the effectiveness of
those activities in achieving the purposes described in
subsection (b).
(3) Report to congress.--Not later than 180 days after the
end of the fiscal year for which grants are awarded under
this section, the Attorney General shall submit to Congress a
report that includes--
(A) the number of grants, and the amount of funds,
distributed under this section;
(B) a summary of the purposes for which the grants were
provided and an evaluation of the progress made under the
grant;
(C) a statistical summary of the persons served, detailing
the nature of victimization, and providing data on age, sex,
race, ethnicity, language, disability, relationship to
offender, geographic distribution, and type of campus; and
(D) an evaluation of the effectiveness of programs funded
under this part.
(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $12,000,000 for fiscal year 2007 and $15,000,000
for each of fiscal years 2008 through 2011.
(f) Repeal.--Section 826 of the Higher Education Amendments
of 1998 (20 U.S.C. 1152) is repealed.
SEC. 305. JUVENILE JUSTICE.
Section 223(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) in paragraph (7)(B)--
(A) by redesignating clauses (i), (ii) and (iii), as
clauses (ii), (iii), and (iv), respectively; and
(B) by inserting before clause (ii) the following:
``(i) an analysis of gender-specific services for the
prevention and treatment of juvenile delinquency, including
the types of such services available and the need for such
services;''.
SEC. 306. SAFE HAVENS.
Section 1301 of the Victims of Trafficking and Violence
Protection Act of 2000 (42 U.S.C. 10420) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 10402. SAFE HAVENS FOR CHILDREN.'';
(2) in subsection (a)--
[[Page H12091]]
(A) by inserting ``, through the Director of the Office on
Violence Against Women,'' after ``Attorney General'';
(B) by inserting ``dating violence,'' after ``domestic
violence,'';
(C) by striking ``to provide'' and inserting the following:
``(1) to provide'';
(D) by striking the period at the end and inserting a
semicolon; and
(E) by adding at the end the following:
``(2) to protect children from the trauma of witnessing
domestic or dating violence or experiencing abduction,
injury, or death during parent and child visitation
exchanges;
``(3) to protect parents or caretakers who are victims of
domestic and dating violence from experiencing further
violence, abuse, and threats during child visitation
exchanges; and
``(4) to protect children from the trauma of experiencing
sexual assault or other forms of physical assault or abuse
during parent and child visitation and visitation
exchanges.''; and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $20,000,000 for each of fiscal
years 2007 through 2011. Funds appropriated under this
section shall remain available until expended.
``(2) Use of funds.--Of the amounts appropriated to carry
out this section for each fiscal year, the Attorney General
shall--
``(A) set aside not less than 7 percent for grants to
Indian tribal governments or tribal organizations;
``(B) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting activities
under this section; and
``(C) set aside not more than 8 percent for technical
assistance and training to be provided by organizations
having nationally recognized expertise in the design of safe
and secure supervised visitation programs and visitation
exchange of children in situations involving domestic
violence, dating violence, sexual assault, or stalking.''.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.
The Violence Against Women Act of 1994 (108 Stat. 1902 et
seq.) is amended by adding at the end the following:
``Subtitle M--Strengthening America's Families by Preventing Violence
Against Women and Children
``SEC. 41301. FINDINGS.
``Congress finds that--
``(1) the former United States Advisory Board on Child
Abuse suggests that domestic violence may be the single major
precursor to child abuse and neglect fatalities in this
country;
``(2) studies suggest that as many as 10,000,000 children
witness domestic violence every year;
``(3) studies suggest that among children and teenagers,
recent exposure to violence in the home was a significant
factor in predicting a child's violent behavior;
``(4) a study by the Nurse-Family Partnership found that
children whose parents did not participate in home visitation
programs that provided coaching in parenting skills, advice
and support, were almost 5 times more likely to be abused in
their first 2 years of life;
``(5) a child's exposure to domestic violence seems to pose
the greatest independent risk for being the victim of any act
of partner violence as an adult;
``(6) children exposed to domestic violence are more likely
to believe that using violence is an effective means of
getting one's needs met and managing conflict in close
relationships;
``(7) children exposed to abusive parenting, harsh or
erratic discipline, or domestic violence are at increased
risk for juvenile crime; and
``(8) in a national survey of more than 6,000 American
families, 50 percent of men who frequently assaulted their
wives also frequently abused their children.
``SEC. 41302. PURPOSE.
``The purpose of this subtitle is to--
``(1) prevent crimes involving violence against women,
children, and youth;
``(2) increase the resources and services available to
prevent violence against women, children, and youth;
``(3) reduce the impact of exposure to violence in the
lives of children and youth so that the intergenerational
cycle of violence is interrupted;
``(4) develop and implement education and services programs
to prevent children in vulnerable families from becoming
victims or perpetrators of domestic violence, dating
violence, sexual assault, or stalking;
``(5) promote programs to ensure that children and youth
receive the assistance they need to end the cycle of violence
and develop mutually respectful, nonviolent relationships;
and
``(6) encourage collaboration among community-based
organizations and governmental agencies serving children and
youth, providers of health and mental health services and
providers of domestic violence, dating violence, sexual
assault, and stalking victim services to prevent violence
against women and children.
``SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO
VIOLENCE.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human
Services, is authorized to award grants on a competitive
basis to eligible entities for the purpose of mitigating the
effects of domestic violence, dating violence, sexual
assault, and stalking on children exposed to such violence,
and reducing the risk of future victimization or perpetration
of domestic violence, dating violence, sexual assault, and
stalking.
``(2) Term.--The Director shall make grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of underserved populations;
``(B) awarding not less than 10 percent of such amounts to
Indian tribes for the funding of tribal projects from the
amounts made available under this section for a fiscal year;
``(C) awarding up to 8 percent for the funding of technical
assistance programs from the amounts made available under
this section for a fiscal year; and
``(D) awarding not less than 66 percent to programs
described in subsection (c)(1) from the amounts made
available under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2007 through 2011.
``(c) Use of Funds.--The funds appropriated under this
section shall be used for--
``(1) programs that provide services for children exposed
to domestic violence, dating violence, sexual assault, or
stalking, which may include direct counseling, advocacy, or
mentoring, and must include support for the nonabusing parent
or the child's caretaker; or
``(2) training, coordination, and advocacy for programs
that serve children and youth (such as Head Start, child
care, and after-school programs) on how to safely and
confidentially identify children and families experiencing
domestic violence and properly refer them to programs that
can provide direct services to the family and children, and
coordination with other domestic violence or other programs
serving children exposed to domestic violence, dating
violence, sexual assault, or stalking that can provide the
training and direct services referenced in this subsection.
``(d) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be a--
``(1) a victim service provider, tribal nonprofit
organization or community-based organization that has a
documented history of effective work concerning children or
youth exposed to domestic violence, dating violence, sexual
assault, or stalking, including programs that provide
culturally specific services, Head Start, childcare, faith-
based organizations, after school programs, and health and
mental health providers; or
``(2) a State, territorial, or tribal, or local unit of
government agency that is partnered with an organization
described in paragraph (1).
``(e) Grantee Requirements.--Under this section, an entity
shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) at a minimum, describe in the application the
policies and procedures that the entity has or will adopt
to--
``(A) enhance or ensure the safety and security of children
who have been or are being exposed to violence and their
nonabusing parent, enhance or ensure the safety and security
of children and their nonabusing parent in homes already
experiencing domestic violence, dating violence, sexual
assault, or stalking; and
``(B) ensure linguistically, culturally, and community
relevant services for underserved communities.
``SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR
HOME VISITATION PROJECTS.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human
Services, shall award grants on a competitive basis to home
visitation programs, in collaboration with victim service
providers, for the purposes of developing and implementing
model policies and procedures to train home visitation
service providers on addressing domestic violence, dating
violence, sexual assault, and stalking in families
experiencing violence, or at risk of violence, to reduce the
impact of that violence on children, maintain safety, improve
parenting skills, and break intergenerational cycles of
violence.
``(2) Term.--The Director shall make the grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall--
``(A) consider the needs of underserved populations;
``(B) award not less than 7 percent of such amounts for the
funding of tribal projects from the amounts made available
under this section for a fiscal year; and
``(C) award up to 8 percent for the funding of technical
assistance programs from the amounts made available under
this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $7,000,000 for
each of fiscal years 2007 through 2011.
``(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be a national, Federal,
State, local, territorial, or tribal--
``(1) home visitation program that provides services to
pregnant women and to young children and their parent or
primary caregiver that are provided in the permanent or
temporary residence or in other familiar surroundings of the
individual or family receiving such services; or
``(2) victim services organization or agency in
collaboration with an organization or organizations listed in
paragraph (1).
``(d) Grantee Requirements.--Under this section, an entity
shall--
[[Page H12092]]
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) describe in the application the policies and
procedures that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of children
and their nonabusing parent in homes already experiencing
domestic violence, dating violence, sexual assault, or
stalking;
``(B) ensure linguistically, culturally, and community
relevant services for underserved communities;
``(C) ensure the adequate training by domestic violence,
dating violence, sexual assault or stalking victim service
providers of home visitation grantee program staff to--
``(i) safely screen for and/or recognize domestic violence,
dating violence, sexual assault, and stalking;
``(ii) understand the impact of domestic violence or sexual
assault on children and protective actions taken by a
nonabusing parent or caretaker in response to violence
against anyone in the household; and
``(iii) link new parents with existing community resources
in communities where resources exist; and
``(D) ensure that relevant State and local domestic
violence, dating violence, sexual assault, and stalking
victim service providers and coalitions are aware of the
efforts of organizations receiving grants under this section,
and are included as training partners, where possible.
``SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
``(a) Grants Authorized.--
``(1) In general--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Department of Health and Human
Services, shall award grants on a competitive basis to
eligible entities for the purpose of developing or enhancing
programs related to engaging men and youth in preventing
domestic violence, dating violence, sexual assault, and
stalking by helping them to develop mutually respectful,
nonviolent relationships.
``(2) Term.--The Director shall make grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of underserved populations;
``(B) awarding not less than 10 percent of such amounts for
the funding of Indian tribes from the amounts made available
under this section for a fiscal year; and
``(C) awarding up to 8 percent for the funding of technical
assistance for grantees and non-grantees working in this area
from the amounts made available under this section for a
fiscal year.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2007 through 2011.
``(c) Use of Funds.--
``(1) Programs.--The funds appropriated under this section
shall be used by eligible entities--
``(A) to develop or enhance community-based programs,
including gender-specific programs in accordance with
applicable laws that--
``(i) encourage children and youth to pursue nonviolent
relationships and reduce their risk of becoming victims or
perpetrators of domestic violence, dating violence, sexual
assault, or stalking; and
``(ii) that include at a minimum--
``(I) information on domestic violence, dating violence,
sexual assault, stalking, or child sexual abuse and how they
affect children and youth; and
``(II) strategies to help participants be as safe as
possible; or
``(B) to create public education campaigns and community
organizing to encourage men and boys to work as allies with
women and girls to prevent violence against women and girls
conducted by entities that have experience in conducting
public education campaigns that address domestic violence,
dating violence, sexual assault, or stalking.
``(2) Media limits.--No more than 40 percent of funds
received by a grantee under this section may be used to
create and distribute media materials.
``(d) Eligible Entities.--
``(1) Relationships.--Eligible entities under subsection
(c)(1)(A) are--
``(A) nonprofit, nongovernmental domestic violence, dating
violence, sexual assault, or stalking victim service
providers or coalitions;
``(B) community-based child or youth services organizations
with demonstrated experience and expertise in addressing the
needs and concerns of young people;
``(C) a State, territorial, tribal, or unit of local
governmental entity that is partnered with an organization
described in subparagraph (A) or (B); or
``(D) a program that provides culturally specific services.
``(2) Awareness campaign.--Eligible entities under
subsection (c)(1)(B) are--
``(A) nonprofit, nongovernmental organizations or
coalitions that have a documented history of creating and
administering effective public education campaigns addressing
the prevention of domestic violence, dating violence, sexual
assault or stalking; or
``(B) a State, territorial, tribal, or unit of local
governmental entity that is partnered with an organization
described in subparagraph (A).
``(e) Grantee Requirements.--Under this section, an entity
shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) eligible entities pursuant to subsection (c)(1)(A)
shall describe in the application the policies and procedures
that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of children
and youth already experiencing domestic violence, dating
violence, sexual assault, or stalking in their lives;
``(B) ensure linguistically, culturally, and community
relevant services for underserved communities;
``(C) inform participants about laws, services, and
resources in the community, and make referrals as
appropriate; and
``(D) ensure that State and local domestic violence, dating
violence, sexual assault, and stalking victim service
providers and coalitions are aware of the efforts of
organizations receiving grants under this section.''.
SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
(a) Purposes.--The Secretary of Health and Human Services
acting through the National Center for Injury Prevention and
Control at the Centers for Disease Control Prevention shall
make grants to entities, including domestic and sexual
assault coalitions and programs, research organizations,
tribal organizations, and academic institutions to support
research to examine prevention and intervention programs to
further the understanding of sexual and domestic violence by
and against adults, youth, and children.
(b) Use of Funds.--The research conducted under this
section shall include evaluation and study of best practices
for reducing and preventing violence against women and
children addressed by the strategies included in Department
of Health and Human Services-related provisions this title,
including strategies addressing underserved communities.
(c) Authorization of Appropriations.--There shall be
authorized to be appropriated to carry out this title
$2,000,000 for each of the fiscal years 2007 through 2011.
SEC. 403. PUBLIC AWARENESS CAMPAIGN.
(a) In General.--The Attorney General, acting through the
Office on Violence Against Women], shall make grants to
States for carrying out a campaign to increase public
awareness of issues regarding domestic violence against
pregnant women.
(b) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2006 through 2010.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) The health-related costs of intimate partner violence
in the United States exceed $5,800,000,000 annually.
(2) Thirty-seven percent of all women who sought care in
hospital emergency rooms for violence-related injuries were
injured by a current or former spouse, boyfriend, or
girlfriend.
(3) In addition to injuries sustained during violent
episodes, physical and psychological abuse is linked to a
number of adverse physical and mental health effects. Women
who have been abused are much more likely to suffer from
chronic pain, diabetes, depression, unintended pregnancies,
substance abuse and sexually transmitted infections,
including HIV/AIDS.
(4) Health plans spend an average of $1,775 more a year on
abused women than on general enrollees.
(5) Each year about 324,000 pregnant women in the United
States are battered by the men in their lives. This battering
leads to complications of pregnancy, including low weight
gain, anemia, infections, and first and second trimester
bleeding.
(6) Pregnant and recently pregnant women are more likely to
be victims of homicide than to die of any other pregnancy-
related cause, and evidence exists that a significant
proportion of all female homicide victims are killed by their
intimate partners.
(7) Children who witness domestic violence are more likely
to exhibit behavioral and physical health problems including
depression, anxiety, and violence towards peers. They are
also more likely to attempt suicide, abuse drugs and alcohol,
run away from home, engage in teenage prostitution, and
commit sexual assault crimes.
(8) Recent research suggests that women experiencing
domestic violence significantly increase their safety-
promoting behaviors over the short- and long-term when health
care providers screen for, identify, and provide followup
care and information to address the violence.
(9) Currently, only about 10 percent of primary care
physicians routinely screen for intimate partner abuse during
new patient visits and 9 percent routinely screen for
intimate partner abuse during periodic checkups.
(10) Recent clinical studies have proven the effectiveness
of a 2-minute screening for early detection of abuse of
pregnant women. Additional longitudinal studies have tested a
10-minute intervention that was proven highly effective in
increasing the safety of pregnant abused women. Comparable
research does not yet exist to support the effectiveness of
screening men.
(11) Seventy to 81 percent of the patients studied reported
that they would like their healthcare providers to ask them
privately about intimate partner violence.
SEC. 502. PURPOSE.
It is the purpose of this title to improve the health care
system's response to domestic violence, dating violence,
sexual assault, and stalking through the training and
education of
[[Page H12093]]
health care providers, developing comprehensive public health
responses to violence against women and children, increasing
the number of women properly screened, identified, and
treated for lifetime exposure to violence, and expanding
research on effective interventions in the health care
setting.
SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFESSIONALS IN
DOMESTIC AND SEXUAL VIOLENCE.
Part D of title VII of the Public Health Service Act (42
U.S.C. 294 et seq.) is amended by adding at the end the
following:
``SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON
DOMESTIC VIOLENCE AND OTHER TYPES OF VIOLENCE
AND ABUSE.
``(a) Grants.--The Secretary, acting through the Director
of the Health Resources and Services Administration, shall
award grants under this section to develop interdisciplinary
training and education programs that provide undergraduate,
graduate, post-graduate medical, nursing (including advanced
practice nursing students), and other health professions
students with an understanding of, and clinical skills
pertinent to, domestic violence, sexual assault, stalking,
and dating violence.
``(b) Eligibility.--To be eligible to receive a grant under
this section an entity shall--
``(1) be an accredited school of allopathic or osteopathic
medicine;
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including--
``(A) information to demonstrate that the applicant
includes the meaningful participation of a school of nursing
and at least one other school of health professions or
graduate program in public health, dentistry, social work,
midwifery, or behavioral and mental health;
``(B) strategies for the dissemination and sharing of
curricula and other educational materials developed under the
grant to other interested medical and nursing schools and
national resource repositories for materials on domestic
violence and sexual assault; and
``(C) a plan for consulting with community-based coalitions
or individuals who have experience and expertise in issues
related to domestic violence, sexual assault, dating
violence, and stalking for services provided under the
program carried out under the grant.
``(c) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
projects that are designed to train medical, nursing, and
other health professions students and residents to identify
and provide health care services (including mental or
behavioral health care services and referrals to appropriate
community services) to individuals who are or who have
experienced domestic violence, sexual assault, and stalking
or dating violence; and
``(B) plan and develop culturally competent clinical
components for integration into approved residency training
programs that address health issues related to domestic
violence, sexual assault, dating violence, and stalking,
along with other forms of violence as appropriate, and
include the primacy of victim safety and confidentiality.
``(2) Permissive uses.--Amounts provided under a grant
under this section may be used to--
``(A) offer community-based training opportunities in rural
areas for medical, nursing, and other students and residents
on domestic violence, sexual assault, stalking, and dating
violence, and other forms of violence and abuse, which may
include the use of distance learning networks and other
available technologies needed to reach isolated rural areas;
or
``(B) provide stipends to students who are underrepresented
in the health professions as necessary to promote and enable
their participation in clerkships, preceptorships, or other
offsite training experiences that are designed to develop
health care clinical skills related to domestic violence,
sexual assault, dating violence, and stalking.
``(3) Requirements.--
``(A) Confidentiality and safety.--Grantees under this
section shall ensure that all educational programs developed
with grant funds address issues of confidentiality and
patient safety, and that faculty and staff associated with
delivering educational components are fully trained in
procedures that will protect the immediate and ongoing
security of the patients, patient records, and staff.
Advocacy-based coalitions or other expertise available in the
community shall be consulted on the development and adequacy
of confidentially and security procedures, and shall be
fairly compensated by grantees for their services.
``(B) Rural programs.--Rural training programs carried out
under paragraph (2)(A) shall reflect adjustments in protocols
and procedures or referrals that may be needed to protect the
confidentiality and safety of patients who live in small or
isolated communities and who are currently or have previously
experienced violence or abuse.
``(4) Child and elder abuse.--Issues related to child and
elder abuse may be addressed as part of a comprehensive
programmatic approach implemented under a grant under this
section.
``(d) Requirements of Grantees.--
``(1) Limitation on administrative expenses.--A grantee
shall not use more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(2) Contribution of funds.--A grantee under this section,
and any entity receiving assistance under the grant for
training and education, shall contribute non-Federal funds,
either directly or through in-kind contributions, to the
costs of the activities to be funded under the grant in an
amount that is not less than 25 percent of the total cost of
such activities.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $3,000,000 for
each of fiscal years 2007 through 2011. Amounts appropriated
under this subsection shall remain available until
expended.''.
SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING GRANTS.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399O. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
``(a) Authority to Award Grants.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall award grants to eligible State, tribal, territorial, or
local entities to strengthen the response of State, tribal,
territorial, or local health care systems to domestic
violence, dating violence, sexual assault, and stalking.
``(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
``(A) be--
``(i) a State department (or other division) of health, a
State domestic or sexual assault coalition or service-based
program, State law enforcement task force, or any other
nonprofit, nongovernmental, tribal, territorial, or State
entity with a history of effective work in the fields of
domestic violence, dating violence, sexual assault or
stalking, and health care; or
``(ii) a local, nonprofit domestic violence, dating
violence, sexual assault, or stalking service-based program,
a local department (or other division) of health, a local
health clinic, hospital, or health system, or any other
nonprofit, tribal, or local entity with a history of
effective work in the field of domestic or sexual violence
and health;
``(B) prepare and submit to the Secretary an application at
such time, in such manner, and containing such agreements,
assurances, and information as the Secretary determines to be
necessary to carry out the purposes for which the grant is to
be made; and
``(C) demonstrate that the entity is representing a team of
organizations and agencies working collaboratively to
strengthen the response of the health care system involved to
domestic violence, dating violence, sexual assault, or
stalking and that such team includes domestic violence,
dating violence, sexual assault or stalking and health care
organizations.
``(3) Duration.--A program conducted under a grant awarded
under this section shall not exceed 2 years.
``(b) Use of Funds.--
``(1) In general.--An entity shall use amounts received
under a grant under this section to design and implement
comprehensive strategies to improve the response of the
health care system involved to domestic or sexual violence in
clinical and public health settings, hospitals, clinics,
managed care settings (including behavioral and mental
health), and other health settings.
``(2) Mandatory strategies.--Strategies implemented under
paragraph (1) shall include the following:
``(A) The implementation, dissemination, and evaluation of
policies and procedures to guide health care professionals
and behavioral and public health staff in responding to
domestic violence, dating violence, sexual assault, and
stalking, including strategies to ensure that health
information is maintained in a manner that protects the
patient's privacy and safety and prohibits insurance
discrimination.
``(B) The development of on-site access to services to
address the safety, medical, mental health, and economic
needs of patients either by increasing the capacity of
existing health care professionals and behavioral and public
health staff to address domestic violence, dating violence,
sexual assault, and stalking, by contracting with or hiring
domestic or sexual assault advocates to provide the services,
or to model other services appropriate to the geographic and
cultural needs of a site.
``(C) The evaluation of practice and the
institutionalization of identification, intervention, and
documentation including quality improvement measurements.
``(D) The provision of training and followup technical
assistance to health care professionals, behavioral and
public health staff, and allied health professionals to
identify, assess, treat, and refer clients who are victims of
domestic violence, dating violence, sexual violence, or
stalking.
``(3) Permissive strategies.--Strategies implemented under
paragraph (1) may include the following:
``(A) Where appropriate, the development of training
modules and policies that address the overlap of child abuse,
domestic violence, dating violence, sexual assault, and
stalking and elder abuse as well as childhood exposure to
domestic violence.
``(B) The creation, adaptation, and implementation of
public education campaigns for patients concerning domestic
violence, dating violence, sexual assault, and stalking
prevention.
``(C) The development, adaptation, and dissemination of
domestic violence, dating violence, sexual assault, and
stalking education materials to patients and health care
professionals and behavioral and public health staff.
``(D) The promotion of the inclusion of domestic violence,
dating violence, sexual assault, and stalking into health
professional training schools, including medical, dental,
nursing school, social work, and mental health curriculum.
[[Page H12094]]
``(E) The integration of domestic violence, dating
violence, sexual assault, and stalking into health care
accreditation and professional licensing examinations, such
as medical, dental, social work, and nursing boards.
``(c) Allocation of Funds.--Funds appropriated under this
section shall be distributed equally between State and local
programs.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to award grants under this section,
$5,000,000 for each of fiscal years 2007 through 2011.''.
SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE
HEALTHCARE SETTING.
Subtitle B of the Violence Against Women Act of 1994
(Public Law 103-322; 108 Stat. 1902 et seq.), as amended by
the Violence Against Women Act of 2000 (114 Stat. 1491 et
seq.), and as amended by this Act, is further amended by
adding at the end the following:
``CHAPTER 11--RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE
AGAINST WOMEN
``SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE
HEALTH CARE SETTING.
``(a) Purpose.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention and the
Director of the Agency for Healthcare Research and Quality,
shall award grants and contracts to fund research on
effective interventions in the health care setting that
prevent domestic violence, dating violence, and sexual
assault across the lifespan and that prevent the health
effects of such violence and improve the safety and health of
individuals who are currently being victimized.
``(b) Use of Funds.--Research conducted with amounts
received under a grant or contract under this section shall
include the following:
``(1) With respect to the authority of the Centers for
Disease Control and Prevention--
``(A) research on the effects of domestic violence, dating
violence, sexual assault, and childhood exposure to domestic,
dating, or sexual violence, on health behaviors, health
conditions, and the health status of individuals, families,
and populations;
``(B) research and testing of best messages and strategies
to mobilize public and health care provider action concerning
the prevention of domestic, dating, or sexual violence; and
``(C) measure the comparative effectiveness and outcomes of
efforts under this Act to reduce violence and increase
women's safety.
``(2) With respect to the authority of the Agency for
Healthcare Research and Quality--
``(A) research on the impact on the health care system,
health care utilization, health care costs, and health status
of domestic violence, dating violence, and childhood exposure
to domestic and dating violence, sexual violence and stalking
and childhood exposure; and
``(B) research on effective interventions within primary
care and emergency health care settings and with health care
settings that include clinical partnerships within community
domestic violence providers for adults and children exposed
to domestic or dating violence.
``(c) Use of Data.--Research funded under this section
shall be utilized by eligible entities under section 399O of
the Public Health Service Act.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $5,000,000 for
each of fiscal years 2007 through 2011.''.
TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND
CHILDREN
SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
The Violence Against Women Act of 1994 (42 U.S.C. 13701 et
seq.) is amended by adding at the end the following:
``Subtitle N--Addressing the Housing Needs of Victims of Domestic
Violence, Dating Violence, Sexual Assault, and Stalking
``SEC. 41401. FINDINGS.
``Congress finds that:
``(1) There is a strong link between domestic violence and
homelessness. Among cities surveyed, 44 percent identified
domestic violence as a primary cause of homelessness.
``(2) Ninety-two percent of homeless women have experienced
severe physical or sexual abuse at some point in their lives.
Of all homeless women and children, 60 percent had been
abused by age 12, and 63 percent have been victims of
intimate partner violence as adults.
``(3) Women and families across the country are being
discriminated against, denied access to, and even evicted
from public and subsidized housing because of their status as
victims of domestic violence.
``(4) A recent survey of legal service providers around the
country found that these providers have responded to almost
150 documented eviction cases in the last year alone where
the tenant was evicted because of the domestic violence
crimes committed against her. In addition, nearly 100 clients
were denied housing because of their status as victims of
domestic violence.
``(5) Women who leave their abusers frequently lack
adequate emergency shelter options. The lack of adequate
emergency options for victims presents a serious threat to
their safety and the safety of their children. Requests for
emergency shelter by homeless women with children increased
by 78 percent of United States cities surveyed in 2004. In
the same year, 32 percent of the requests for shelter by
homeless families went unmet due to the lack of available
emergency shelter beds.
``(6) The average stay at an emergency shelter is 60 days,
while the average length of time it takes a homeless family
to secure housing is 6 to 10 months.
``(7) Victims of domestic violence often return to abusive
partners because they cannot find long-term housing.
``(8) There are not enough Federal housing rent vouchers
available to accommodate the number of people in need of
long-term housing. Some people remain on the waiting list for
Federal housing rent vouchers for years, while some lists are
closed.
``(9) Transitional housing resources and services provide
an essential continuum between emergency shelter provision
and independent living. A majority of women in transitional
housing programs stated that had these programs not existed,
they would have likely gone back to abusive partners.
``(10) Because abusers frequently manipulate finances in an
effort to control their partners, victims often lack steady
income, credit history, landlord references, and a current
address, all of which are necessary to obtain long-term
permanent housing.
``(11) Victims of domestic violence in rural areas face
additional barriers, challenges, and unique circumstances,
such as geographical isolation, poverty, lack of public
transportation systems, shortages of health care providers,
under-insurance or lack of health insurance, difficulty
ensuring confidentiality in small communities, and decreased
access to many resources (such as advanced education, job
opportunities, and adequate childcare).
``(12) Congress and the Secretary of Housing and Urban
Development have recognized in recent years that families
experiencing domestic violence have unique needs that should
be addressed by those administering the Federal housing
programs.
``SEC. 41402. PURPOSE.
``The purpose of this subtitle is to reduce domestic
violence, dating violence, sexual assault, and stalking, and
to prevent homelessness by--
``(1) protecting the safety of victims of domestic
violence, dating violence, sexual assault, and stalking who
reside in homeless shelters, public housing, assisted
housing, tribally designated housing, or other emergency,
transitional, permanent, or affordable housing, and ensuring
that such victims have meaningful access to the criminal
justice system without jeopardizing such housing;
``(2) creating long-term housing solutions that develop
communities and provide sustainable living solutions for
victims of domestic violence, dating violence, sexual
assault, and stalking;
``(3) building collaborations among victim service
providers, homeless service providers, housing providers, and
housing agencies to provide appropriate services,
interventions, and training to address the housing needs of
victims of domestic violence, dating violence, sexual
assault, and stalking; and
``(4) enabling public and assisted housing agencies,
tribally designated housing entities, private landlords,
property management companies, and other housing providers
and agencies to respond appropriately to domestic violence,
dating violence, sexual assault, and stalking, while
maintaining a safe environment for all housing residents.
``SEC. 41403. DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `assisted housing' means housing assisted--
``(A) under sections 213, 220, 221(d)(3), 221(d)(4),
223(e), 231, or 236 of the National Housing Act (12 U.S.C.
1715l(d)(3), (d)(4), or 1715z-1);
``(B) under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s);
``(C) under section 202 of the Housing Act of 1959 (12
U.S.C. 1701q);
``(D) under section 811 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 8013);
``(E) under title II of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12701 et seq.);
``(F) under subtitle D of title VIII of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et
seq.);
``(G) under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.); or
``(H) under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f);
``(2) the term `continuum of care' means a community plan
developed to organize and deliver housing and services to
meet the specific needs of people who are homeless as they
move to stable housing and achieve maximum self-sufficiency;
``(3) the term `low-income housing assistance voucher'
means housing assistance described in section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f);
``(4) the term `public housing' means housing described in
section 3(b)(1) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(1));
``(5) the term `public housing agency' means an agency
described in section 3(b)(6) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(6));
``(6) the terms `homeless', `homeless individual', and
`homeless person'--
``(A) mean an individual who lacks a fixed, regular, and
adequate nighttime residence; and
``(B) includes--
``(i) an individual who--
``(I) is sharing the housing of other persons due to loss
of housing, economic hardship, or a similar reason;
``(II) is living in a motel, hotel, trailer park, or
campground due to the lack of alternative adequate
accommodations;
``(III) is living in an emergency or transitional shelter;
``(IV) is abandoned in a hospital; or
``(V) is awaiting foster care placement;
``(ii) an individual who has a primary nighttime residence
that is a public or private place
[[Page H12095]]
not designed for or ordinarily used as a regular sleeping
accommodation for human beings; or
``(iii) migratory children (as defined in section 1309 of
the Elementary and Secondary Education Act of 1965; 20 U.S.C.
6399) who qualify as homeless under this section because the
children are living in circumstances described in this
paragraph;
``(7) the term `homeless service provider' means a
nonprofit, nongovernmental homeless service provider, such as
a homeless shelter, a homeless service or advocacy program, a
tribal organization serving homeless individuals, or
coalition or other nonprofit, nongovernmental organization
carrying out a community-based homeless or housing program
that has a documented history of effective work concerning
homelessness;
``(8) the term `tribally designated housing' means housing
assistance described in the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.); and
``(9) the term `tribally designated housing entity' means a
housing entity described in the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103(21));
``SEC. 41404. COLLABORATIVE GRANTS TO INCREASE THE LONG-TERM
STABILITY OF VICTIMS.
``(a) Grants Authorized.--
``(1) In general.--The Secretary of Health and Human
Services, acting through the Administration of Children and
Families, in partnership with the Secretary of Housing and
Urban Development, shall award grants, contracts, or
cooperative agreements for a period of not less than 2 years
to eligible entities to develop long-term sustainability and
self-sufficiency options for adult and youth victims of
domestic violence, dating violence, sexual assault, and
stalking who are currently homeless or at risk for becoming
homeless.
``(2) Amount.--The Secretary of Health and Human Services
shall award funds in amounts--
``(A) not less than $25,000 per year; and
``(B) not more than $1,000,000 per year.
``(b) Eligible Entities.--To be eligible to receive funds
under this section, an entity shall demonstrate that it is a
coalition or partnership, applying jointly, that--
``(1) shall include a domestic violence victim service
provider;
``(2) shall include--
``(A) a homeless service provider;
``(B) a nonprofit, nongovernmental community housing
development organization or a Department of Agriculture rural
housing service program; or
``(C) in the absence of a homeless service provider on
tribal lands or nonprofit, nongovernmental community housing
development organization on tribal lands, a tribally
designated housing entity or tribal housing consortium;
``(3) may include a dating violence, sexual assault, or
stalking victim service provider;
``(4) may include housing developers, housing corporations,
State housing finance agencies, other housing agencies, and
associations representing landlords;
``(5) may include a public housing agency or tribally
designated housing entity;
``(6) may include tenant organizations in public or
tribally designated housing, as well as nonprofit,
nongovernmental tenant organizations;
``(7) may include other nonprofit, nongovernmental
organizations participating in the Department of Housing and
Urban Development's Continuum of Care process;
``(8) may include a State, tribal, territorial, or local
government or government agency; and
``(9) may include any other agencies or nonprofit,
nongovernmental organizations with the capacity to provide
effective help to adult and youth victims of domestic
violence, dating violence, sexual assault, or stalking.
``(c) Application.--Each eligible entity seeking funds
under this section shall submit an application to the
Secretary of Health and Human Services at such time, in such
manner, and containing such information as the Secretary of
Health and Human Services may require.
``(d) Use of Funds.--
``(1) In general.--Funds awarded to eligible entities under
subsection (a) shall be used to design or replicate and
implement new activities, services, and programs to increase
the stability and self-sufficiency of, and create
partnerships to develop long-term housing options for adult
and youth victims of domestic violence, dating violence,
sexual assault, or stalking, and their dependents, who are
currently homeless or at risk of becoming homeless.
``(2) Activities, services, programs.--Such activities,
services, or programs described in paragraph (1) shall
develop sustainable long-term living solutions in the
community by--
``(A) coordinating efforts and resources among the various
groups and organizations comprised in the entity to access
existing private and public funding;
``(B) assisting with the placement of individuals and
families in long-term housing; and
``(C) providing services to help individuals or families
find and maintain long-term housing, including financial
assistance and support services;
``(3) may develop partnerships with individuals,
organizations, corporations, or other entities that provide
capital costs for the purchase, preconstruction,
construction, renovation, repair, or conversion of affordable
housing units;
``(4) may use funds for the administrative expenses related
to the continuing operation, upkeep, maintenance, and use of
housing described in paragraph (3); and
``(5) may provide to the community information about
housing and housing programs, and the process to locate and
obtain long-term housing.
``(e) Limitation.--Funds provided under paragraph (a) shall
not be used for construction, modernization or renovation.
``(f) Underserved Populations and Priorities.--In awarding
grants under this section, the Secretary of Health and Human
Services shall--
``(1) give priority to linguistically and culturally
specific services;
``(2) give priority to applications from entities that
include a sexual assault service provider as described in
subsection (b)(3); and
``(3) award a minimum of 15 percent of the funds
appropriated under this section in any fiscal year to tribal
organizations.
``(g) Definitions.--For purposes of this section:
``(1) Affordable housing.--The term `affordable housing'
means housing that complies with the conditions set forth in
section 215 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12745).
``(2) Long-term housing.--The term `long-term housing'
means housing that is sustainable, accessible, affordable,
and safe for the foreseeable future and is--
``(A) rented or owned by the individual;
``(B) subsidized by a voucher or other program which is not
time-limited and is available for as long as the individual
meets the eligibility requirements for the voucher or
program; or
``(C) provided directly by a program, agency, or
organization and is not time-limited and is available for as
long as the individual meets the eligibility requirements for
the program, agency, or organization.
``(h) Evaluation, Monitoring, Administration, and Technical
Assistance.--For purposes of this section--
``(1) up to 5 percent of the funds appropriated under
subsection (i) for each fiscal year may be used by the
Secretary of Health and Human Services for evaluation,
monitoring, and administration costs under this section; and
``(2) up to 8 percent of the funds appropriated under
subsection (i) for each fiscal year may be used to provide
technical assistance to grantees under this section.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated $10,000,000 for each of fiscal
years 2007 through 2011 to carry out the provisions of this
section.
``SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN
PUBLIC AND ASSISTED HOUSING.
``(a) Purpose.--It is the purpose of this section to assist
eligible grantees in responding appropriately to domestic
violence, dating violence, sexual assault, and stalking so
that the status of being a victim of such a crime is not a
reason for the denial or loss of housing. Such assistance
shall be accomplished through--
``(1) education and training of eligible entities;
``(2) development and implementation of appropriate housing
policies and practices;
``(3) enhancement of collaboration with victim service
providers and tenant organizations; and
``(4) reduction of the number of victims of such crimes who
are evicted or denied housing because of crimes and lease
violations committed or directly caused by the perpetrators
of such crimes.
``(b) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Violence Against Women Office of the
Department of Justice (`Director'), and in consultation with
the Secretary of Housing and Urban Development (`Secretary'),
and the Secretary of Health and Human Services, acting
through the Administration for Children, Youth and Families
(`ACYF'), shall award grants and contracts for not less than
2 years to eligible grantees to promote the full and equal
access to and use of housing by adult and youth victims of
domestic violence, dating violence, sexual assault, and
stalking.
``(2) Amounts.--Not less than 15 percent of the funds
appropriated to carry out this section shall be available for
grants to tribally designated housing entities.
``(3) Award basis.--The Attorney General shall award grants
and contracts under this section on a competitive basis.
``(4) Limitation.--Appropriated funds may only be used for
the purposes described in subsection (f).
``(c) Eligible Grantees.--
``(1) In general.--Eligible grantees are--
``(A) public housing agencies;
``(B) principally managed public housing resident
management corporations, as determined by the Secretary;
``(C) public housing projects owned by public housing
agencies;
``(D) tribally designated housing entities; and
``(E) private, for-profit, and nonprofit owners or managers
of assisted housing.
``(2) Submission required for all grantees.--To receive
assistance under this section, an eligible grantee shall
certify that--
``(A) its policies and practices do not prohibit or limit a
resident's right to summon police or other emergency
assistance in response to domestic violence, dating violence,
sexual assault, or stalking;
``(B) programs and services are developed that give a
preference in admission to adult and youth victims of such
violence, consistent with local housing needs, and applicable
law and the Secretary's instructions;
``(C) it does not discriminate against any person--
``(i) because that person is or is perceived to be, or has
a family or household member who is or is perceived to be, a
victim of such violence; or
``(ii) because of the actions or threatened actions of the
individual who the victim, as certified in subsection (e),
states has committed or threatened to commit acts of such
violence against the victim, or against the victim's family
or household member;
``(D) plans are developed that establish meaningful
consultation and coordination with local
[[Page H12096]]
victim service providers, tenant organizations,
linguistically and culturally specific service providers,
State domestic violence and sexual assault coalitions, and,
where they exist, tribal domestic violence and sexual assault
coalitions; and
``(E) its policies and practices will be in compliance with
those described in this paragraph within the later of 1 year
or a period selected by the Attorney General in consultation
with the Secretary and ACYF.
``(d) Application.--Each eligible entity seeking a grant
under this section shall submit an application to the
Attorney General at such a time, in such a manner, and
containing such information as the Attorney General may
require.
``(e) Certification.--
``(1) In general.--A public housing agency, tribally
designated housing entity, or assisted housing provider
receiving funds under this section may request that an
individual claiming relief under this section certify that
the individual is a victim of domestic violence, dating
violence, sexual assault, or stalking. The individual shall
provide a copy of such certification to the public housing
agency, tribally designated housing entity, or assisted
housing provider within a reasonable period of time after the
agency or authority requests such certification.
``(2) Contents.--An individual may satisfy the
certification requirement of paragraph (1) by--
``(A) providing the public housing agency, tribally
designated housing entity, or assisted housing provider with
documentation, signed by an employee, agent, or volunteer of
a victim service provider, an attorney, a member of the
clergy, a medical professional, or any other professional
from whom the victim has sought assistance in addressing
domestic violence, dating violence, sexual assault, or
stalking, or the effects of abuse; or
``(B) producing a Federal, State, tribal, territorial, or
local police or court record.
``(3) Limitation.--Nothing in this subsection shall be
construed to require any housing agency, assisted housing
provider, tribally designated housing entity, owner, or
manager to demand that an individual produce official
documentation or physical proof of the individual's status as
a victim of domestic violence, dating violence, sexual
assault, or stalking, in order to receive any of the benefits
provided in this section. A housing agency, assisted housing
provider, tribally designated housing entity, owner, or
manager may provide benefits to an individual based solely on
the individual's statement or other corroborating evidence.
``(4) Confidentiality.--
``(A) In general.--All information provided to any housing
agency, assisted housing provider, tribally designated
housing entity, owner, or manager pursuant to paragraph (1),
including the fact that an individual is a victim of domestic
violence, dating violence, sexual assault, or stalking, shall
be retained in confidence by such agency, and shall neither
be entered into any shared database, nor provided to any
related housing agency, assisted housing provider, tribally
designated housing entity, owner, or manager, except to the
extent that disclosure is--
``(i) requested or consented to by the individual in
writing; or
``(ii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must provide
notice to tenants of their rights under this section,
including their right to confidentiality and the limits
thereof, and to owners and managers of their rights and
obligations under this section.
``(f) Use of Funds.--Grants and contracts awarded pursuant
to subsection (a) shall provide to eligible entities
personnel, training, and technical assistance to develop and
implement policies, practices, and procedures, making
physical improvements or changes, and developing or enhancing
collaborations for the purposes of--
``(1) enabling victims of domestic violence, dating
violence, sexual assault, and stalking with otherwise
disqualifying rental, credit, or criminal histories to be
eligible to obtain housing or housing assistance, if such
victims would otherwise qualify for housing or housing
assistance and can provide documented evidence that
demonstrates the causal connection between such violence or
abuse and the victims' negative histories;
``(2) permitting applicants for housing or housing
assistance to provide incomplete rental and employment
histories, otherwise required as a condition of admission or
assistance, if the victim believes that providing such rental
and employment history would endanger the victim's or the
victim children's safety;
``(3) protecting victims' confidentiality, including
protection of victims' personally identifying information,
address, or rental history;
``(4) assisting victims who need to leave a public housing,
tribally designated housing, or assisted housing unit quickly
to protect their safety, including those who are seeking
transfer to a new public housing unit, tribally designated
housing unit, or assisted housing unit, whether in the same
or a different neighborhood or jurisdiction;
``(5) enabling the public housing agency, tribally
designated housing entity, or assisted housing provider, or
the victim, to remove, consistent with applicable State law,
the perpetrator of domestic violence, dating violence, sexual
assault, or stalking without evicting, removing, or otherwise
penalizing the victim;
``(6) enabling the public housing agency, tribally
designated housing entity, or assisted housing provider, when
notified, to honor court orders addressing rights of access
to or control of the property, including civil protection
orders issued to protect the victim and issued to address the
distribution or possession of property among the household
members in cases where a family breaks up;
``(7) developing and implementing more effective security
policies, protocols, and services;
``(8) allotting not more than 15 percent of funds awarded
under the grant to make modest physical improvements to
enhance safety;
``(9) training personnel to more effectively identify and
respond to victims of domestic violence, dating violence,
sexual assault, and stalking; and
``(10) effectively providing notice to applicants and
residents of the above housing policies, practices, and
procedures.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated $10,000,000 for each of fiscal
years 2007 through 2011 to carry out the provisions of this
section.
``(h) Technical Assistance.--Up to 12 percent of the amount
appropriated under subsection (g) for each fiscal year shall
be used by the Attorney General for technical assistance
costs under this section.''.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING.
(a) In General.--Section 40299 of the Violence Against
Women Act of 1994 (42 U.S.C. 13975) is amended--
(1) in subsection (a)--
(A) by inserting ``the Department of Housing and Urban
Development, and the Department of Health and Human
Services,'' after ``Department of Justice,'';
(B) by inserting ``, including domestic violence and sexual
assault victim service providers, domestic violence and
sexual assault coalitions, other nonprofit, nongovernmental
organizations, or community-based and culturally specific
organizations, that have a documented history of effective
work concerning domestic violence, dating violence, sexual
assault, or stalking'' after ``other organizations''; and
(C) in paragraph (1), by inserting ``, dating violence,
sexual assault, or stalking'' after ``domestic violence'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(B) in paragraph (3), as redesignated, by inserting ``,
dating violence, sexual assault, or stalking'' after
``violence'';
(C) by inserting before paragraph (2), as redesignated, the
following:
``(1) transitional housing, including funding for the
operating expenses of newly developed or existing
transitional housing.''; and
(D) in paragraph (3)(B) as redesignated, by inserting
``Participation in the support services shall be voluntary.
Receipt of the benefits of the housing assistance described
in paragraph (2) shall not be conditioned upon the
participation of the youth, adults, or their dependents in
any or all of the support services offered them.'' after
``assistance.'';
(3) in paragraph (1) of subsection (c), by striking ``18
months'' and inserting ``24 months'';
(4) in subsection (d)(2)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) provide assurances that any supportive services
offered to participants in programs developed under
subsection (b)(3) are voluntary and that refusal to receive
such services shall not be grounds for termination from the
program or eviction from the victim's housing; and'';
(5) in subsection (e)(2)--
(A) in subparagraph (A), by inserting ``purpose and''
before ``amount'';
(B) in clause (ii) of subparagraph (C), by striking
``and'';
(C) in subparagraph (D), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(E) the client population served and the number of
individuals requesting services that the transitional housing
program is unable to serve as a result of a lack of
resources.''; and
(6) in subsection (g)--
(A) in paragraph (1), by striking ``$30,000,000'' and
inserting ``$40,000,000'';
(B) in paragraph (1), by striking ``2004'' and inserting
``2007'';
(C) in paragraph (1), by striking ``2008'' and inserting
``2011'';
(D) in paragraph (2), by striking ``not more than 3
percent'' and inserting ``up to 5 percent'';
(E) in paragraph (2), by inserting ``evaluation,
monitoring, technical assistance,'' before ``salaries''; and
(F) in paragraph (3), by adding at the end the following
new subparagraphs:
``(C) Underserved populations.--
``(i) A minimum of 7 percent of the total amount
appropriated in any fiscal year shall be allocated to tribal
organizations serving adult and youth victims of domestic
violence, dating violence, sexual assault, or stalking, and
their dependents.
``(ii) Priority shall be given to projects developed under
subsection (b) that primarily serve underserved
populations.''.
SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING
REQUIREMENT.
Section 5A of the United States Housing Act of 1937 (42
U.S.C. 1437c-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Statement of goals.--The 5-year plan shall include a
statement by any public housing agency of the goals,
objectives, policies, or programs that will enable the
housing authority to serve the needs of child and adult
victims of domestic violence, dating violence, sexual
assault, or stalking.'';
[[Page H12097]]
(2) in subsection (d), by redesignating paragraphs (13),
(14), (15), (16), (17), and (18), as paragraphs (14), (15),
(16), (17), (18), and (19), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) Domestic violence, dating violence, sexual assault,
or stalking programs.--A description of--
``(A) any activities, services, or programs provided or
offered by an agency, either directly or in partnership with
other service providers, to child or adult victims of
domestic violence, dating violence, sexual assault, or
stalking;
``(B) any activities, services, or programs provided or
offered by a public housing agency that helps child and adult
victims of domestic violence, dating violence, sexual
assault, or stalking, to obtain or maintain housing; and
``(C) any activities, services, or programs provided or
offered by a public housing agency to prevent domestic
violence, dating violence, sexual assault, and stalking, or
to enhance victim safety in assisted families.''.
SEC. 604. HOUSING STRATEGIES.
Section 105(b)(1) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12705(b)(1)) is amended by
inserting after ``immunodeficiency syndrome,'' the following:
``victims of domestic violence, dating violence, sexual
assault, and stalking''.
SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE
ACT.
Section 423 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11383) is amended--
(1) by adding at the end of subsection (a) the following:
``(8) Confidentiality.--
``(A) Victim service providers.--In the course of awarding
grants or implementing programs under this subsection, the
Secretary shall instruct any victim service provider that is
a recipient or subgrantee not to disclose for purposes of a
Homeless Management Information System personally identifying
information about any client. The Secretary may, after public
notice and comment, require or ask such recipients and
subgrantees to disclose for purposes of a Homeless Management
Information System non-personally identifying data that has
been de-identified, encrypted, or otherwise encoded. Nothing
in this section shall be construed to supersede any provision
of any Federal, State, or local law that provides greater
protection than this paragraph for victims of domestic
violence, dating violence, sexual assault, or stalking.
``(B) DEFINITIONS
``(i) Personally identifying information or personal
information.--The term `personally identifying information'
or `personal information' means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
including--
``(I) a first and last name;
``(II) a home or other physical address;
``(III) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(IV) a social security number; and
``(V) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that,
in combination with any other non-personally identifying
information would serve to identify any individual.
``(ii) Victim service provider.--The term `victim service
provider' or `victim service providers' means a nonprofit,
nongovernmental organization including rape crisis centers,
battered women's shelters, domestic violence transitional
housing programs, and other programs whose primary mission is
to provide services to victims of domestic violence, dating
violence, sexual assault, or stalking.''.
SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE
VOUCHER PROGRAM.
Section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(9)(A) That an applicant or participant is or has been a
victim of domestic violence, dating violence, or stalking is
not an appropriate basis for denial of program assistance or
for denial of admission, if the applicant otherwise qualifies
for assistance or admission.
``(B) An incident or incidents of actual or threatened
domestic violence, dating violence, or stalking will not be
construed as a serious or repeated violation of the lease by
the victim or threatened victim of that violence and shall
not be good cause for terminating the assistance, tenancy, or
occupancy rights of the victim of such violence.
``(C)(i) Criminal activity directly relating to domestic
violence, dating violence, or stalking, engaged in by a
member of a tenant's household or any guest or other person
under the tenant's control shall not be cause for termination
of assistance, tenancy, or occupancy rights if the tenant or
an immediate member of the tenant's family is the victim or
threatened victim of that domestic violence, dating violence,
or stalking.
``(ii) Notwithstanding clause (i), an owner or manager may
bifurcate a lease under this section, in order to evict,
remove, or terminate assistance to any individual who is a
tenant or lawful occupant and who engages in criminal acts of
physical violence against family members or others, without
evicting, removing, terminating assistance to, or otherwise
penalizing the victim of such violence who is also a tenant
or lawful occupant.
``(iii) Nothing in clause (i) may be construed to limit the
authority of a public housing agency, owner, or manager, when
notified, to honor court orders addressing rights of access
to or control of the property, including civil protection
orders issued to protect the victim and issued to address the
distribution or possession of property among the household
members in cases where a family breaks up.
``(iv) Nothing in clause (i) limits any otherwise available
authority of an owner or manager to evict or the public
housing agency to terminate assistance to a tenant for any
violation of a lease not premised on the act or acts of
violence in question against the tenant or a member of the
tenant's household, provided that the owner or manager does
not subject an individual who is or has been a victim of
domestic violence, dating violence, or stalking to a more
demanding standard than other tenants in determining whether
to evict or terminate.
``(v) Nothing in clause (i) may be construed to limit the
authority of an owner, manager, or public housing agency to
evict or terminate from assistance any tenant or lawful
occupant if the owner, manager or public housing agency can
demonstrate an actual and imminent threat to other tenants or
those employed at or providing service to the property if
that tenant is not evicted or terminated from assistance.
``(vi) Nothing in this section shall be construed to
supersede any provision of any Federal, State, or local law
that provides greater protection than this section for
victims of domestic violence, dating violence, or
stalking.'';
(2) in subsection (d)--
(A) in paragraph (1)(A), by inserting after ``public
housing agency'' the following: ``and that an applicant or
participant is or has been a victim of domestic violence,
dating violence, or stalking is not an appropriate basis for
denial of program assistance or for denial of admission if
the applicant otherwise qualifies for assistance or
admission'';
(B) in paragraph (1)(B)(ii), by inserting after ``other
good cause'' the following: ``, and that an incident or
incidents of actual or threatened domestic violence, dating
violence, or stalking will not be construed as a serious or
repeated violation of the lease by the victim or threatened
victim of that violence and will not be good cause for
terminating the tenancy or occupancy rights of the victim of
such violence''; and
(C) in paragraph (1)(B)(iii), by inserting after
``termination of tenancy'' the following: ``, except that (I)
criminal activity directly relating to domestic violence,
dating violence, or stalking, engaged in by a member of a
tenant's household or any guest or other person under the
tenant's control, shall not be cause for termination of the
tenancy or occupancy rights or program assistance, if the
tenant or immediate member of the tenant's family is a victim
of that domestic violence, dating violence, or stalking; (II)
notwithstanding subclause (I), a public housing agency may
terminate assistance to any individual who is a tenant or
lawful occupant and who engages in criminal acts of physical
violence against family members or others, or an owner or
manager under this section may bifurcate a lease, in order to
evict, remove, or terminate assistance to any individual who
is a tenant or lawful occupant and who engages in criminal
acts of physical violence against family members or others,
without evicting, removing, terminating assistance to, or
otherwise penalizing the victim of such violence who is also
a tenant or lawful occupant; (III) nothing in subclause (I)
may be construed to limit the authority of a public housing
agency, owner, or manager, when notified, to honor court
orders addressing rights of access to or control of the
property, including civil protection orders issued to protect
the victim and issued to address the distribution or
possession of property among the household members in cases
where a family breaks up; (IV) nothing in subclause (I)
limits any otherwise available authority of an owner or
manager to evict or the public housing agency to terminate
assistance to a tenant for any violation of a lease not
premised on the act or acts of violence in question against
the tenant or a member of the tenant's household, provided
that the owner, manager, or public housing agency does not
subject an individual who is or has been a victim of domestic
violence, dating violence, or stalking to a more demanding
standard than other tenants in determining whether to evict
or terminate; (V) nothing in subclause (I) may be construed
to limit the authority of an owner or manager to evict, or
the public housing agency to terminate assistance, to any
tenant if the owner, manager, or public housing agency can
demonstrate an actual and imminent threat to other tenants or
those employed at or providing service to the property if
that tenant is not evicted or terminated from assistance; and
(VI) nothing in this section shall be construed to supersede
any provision of any Federal, State, or local law that
provides greater protection than this section for victims of
domestic violence, dating violence, or stalking.'';
(3) in subsection (f)--
(A) in paragraph (6), by striking ``and'';
(B) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(8) the term `domestic violence' has the same meaning
given the term in section 40002 of the Violence Against Women
Act of 1994;
``(9) the term `dating violence' has the same meaning given
the term in section 40002 of the Violence Against Women Act
of 1994; and
``(10) the term `stalking' means--
``(A)(i) to follow, pursue, or repeatedly commit acts with
the intent to kill, injure, harass, or intimidate another
person; and
``(ii) to place under surveillance with the intent to kill,
injure, harass, or intimidate another person; and
``(B) in the course of, or as a result of, such following,
pursuit, surveillance, or repeatedly committed acts, to place
a person in reasonable fear of the death of, or serious
bodily injury to, or to cause substantial emotional harm to--
[[Page H12098]]
``(i) that person;
``(ii) a member of the immediate family of that person; or
``(iii) the spouse or intimate partner of that person; and
``(11) the term `immediate family member' means, with
respect to a person--
``(A) a spouse, parent, brother or sister, or child of that
person, or an individual to whom that person stands in loco
parentis; or
``(B) any other person living in the household of that
person and related to that person by blood and marriage.'';
(4) in subsection (o)--
(A) by inserting at the end of paragraph (6)(B) the
following new sentence: ``That an applicant or participant is
or has been a victim of domestic violence, dating violence,
or stalking is not an appropriate basis for denial of program
assistance by or for denial of admission if the applicant
otherwise qualifies for assistance for admission, and that
nothing in this section shall be construed to supersede any
provision of any Federal, State, or local law that provides
greater protection than this section for victims of domestic
violence, dating violence, or stalking.'';
(B) in paragraph (7)(C), by inserting after ``other good
cause'' the following: ``, and that an incident or incidents
of actual or threatened domestic violence, dating violence,
or stalking shall not be construed as a serious or repeated
violation of the lease by the victim or threatened victim of
that violence and shall not be good cause for terminating the
tenancy or occupancy rights of the victim of such violence'';
(C) in paragraph (7)(D), by inserting after ``termination
of tenancy'' the following: ``; except that (i) criminal
activity directly relating to domestic violence, dating
violence, or stalking, engaged in by a member of a tenant's
household or any guest or other person under the tenant's
control shall not be cause for termination of the tenancy or
occupancy rights, if the tenant or immediate member of the
tenant's family is a victim of that domestic violence, dating
violence, or stalking; (ii) notwithstanding clause (i), a
public housing agency may terminate assistance to any
individual who is a tenant or lawful occupant and who engages
in criminal acts of physical violence against family members
or others, or an owner or manager may bifurcate a lease under
this section, in order to evict, remove, or terminate
assistance to any individual who is a tenant or lawful
occupant and who engages in criminal acts of physical
violence against family members or others, without evicting,
removing, terminating assistance to, or otherwise penalizing
the victim of such violence who is also a tenant or lawful
occupant; (iii) nothing in clause (i) may be construed to
limit the authority of a public housing agency, owner, or
manager, when notified, to honor court orders addressing
rights of access to control of the property, including civil
protection orders issued to protect the victim and issued to
address the distribution or possession of property among the
household members in cases where a family breaks up; (iv)
nothing in clause (i) limits any otherwise available
authority of an owner or manager to evict or the public
housing agency to terminate assistance to a tenant for any
violation of a lease not premised on the act or acts of
violence in question against the tenant or a member of the
tenant's household, provided that the owner, manager, or
public housing agency does not subject an individual who is
or has been a victim of domestic violence, dating violence,
or stalking to a more demanding standard than other tenants
in determining whether to evict or terminate; (v) nothing in
clause (i) may be construed to limit the authority of an
owner or manager to evict, or the public housing agency to
terminate, assistance to any tenant if the owner, manager, or
public housing agency can demonstrate an actual and imminent
threat to other tenants or those employed at or providing
service to the property if that tenant is not evicted or
terminated from assistance; and (vi) nothing in this section
shall be construed to supersede any provision of any Federal,
State, or local law that provides greater protection than
this section for victims of domestic violence, dating
violence, or stalking.''; and
(D) by adding at the end the following new paragraph:
``(20) Prohibited basis for termination of assistance.--
``(A) In general.--A public housing agency may not
terminate assistance to a participant in the voucher program
on the basis of an incident or incidents of actual or
threatened domestic violence, dating violence, or stalking
against that participant.
``(B) Construal of lease provisions.--Criminal activity
directly relating to domestic violence, dating violence, or
stalking shall not be considered a serious or repeated
violation of the lease by the victim or threatened victim of
that criminal activity justifying termination of assistance
to the victim or threatened victim.
``(C) Termination on the basis of criminal activity.--
Criminal activity directly relating to domestic violence,
dating violence, or stalking shall not be considered cause
for termination of assistance for any participant or
immediate member of a participant's family who is a victim of
the domestic violence, dating violence, or stalking.
``(D) Exceptions.--
``(i) Public housing authority right to terminate for
criminal acts.--Nothing in subparagraphs (A), (B), or (C) may
be construed to limit the authority of the public housing
agency to terminate voucher assistance to individuals who
engage in criminal acts of physical violence against family
members or others.
``(ii) Compliance with court orders.--Nothing in
subparagraphs (A), (B), or (C) may be construed to limit the
authority of a public housing agency, when notified, to honor
court orders addressing rights of access to or control of the
property, including civil protection orders issued to protect
the victim and issued to address the distribution possession
of property among the household members in cases where a
family breaks up.
``(iii) Public housing authority right to terminate voucher
assistance for lease violations.--Nothing in subparagraphs
(A), (B), or (C) limit any otherwise available authority of
the public housing agency to terminate voucher assistance to
a tenant for any violation of a lease not premised on the act
or acts of violence in question against the tenant or a
member of the tenant's household, provided that the public
housing agency does not subject an individual who is or has
been a victim of domestic violence, dating violence, or
stalking to a more demanding standard than other tenants in
determining whether to terminate.
``(iv) Public housing authority right to terminate voucher
assistance for imminent threat.--Nothing in subparagraphs
(A), (B), (C) may be construed to limit the authority of the
public housing agency to terminate voucher assistance to a
tenant if the public housing agency can demonstrate an actual
and imminent threat to other tenants or those employed at or
providing service to the property or public housing agency if
that tenant is not evicted or terminated from assistance.
``(v) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
section for victims of domestic violence, dating violence, or
stalking.'';
(5) in subsection (r)(5), by inserting after ``violation of
a lease'' the following: ``, except that a family may receive
a voucher from a public housing agency and move to another
jurisdiction under the tenant-based assistance program if the
family has complied with all other obligations of the section
8 program and has moved out of the assisted dwelling unit in
order to protect the health or safety of an individual who is
or has been the victim of domestic violence, dating violence,
or stalking and who reasonably believed he or she was
imminently threatened by harm from further violence if he or
she remained in the assisted dwelling unit''; and
(6) by adding at the end the following new subsection:
``(ee) Certification and Confidentiality.--
``(1) Certification.--
``(A) In general.--An owner, manager, or public housing
agency responding to subsections (c)(9), (d)(1)(B)(ii),
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5) may
request that an individual certify via a HUD approved
certification form that the individual is a victim of
domestic violence, dating violence, or stalking, and that the
incident or incidents in question are bona fide incidents of
such actual or threatened abuse and meet the requirements set
forth in the aforementioned paragraphs. Such certification
shall include the name of the perpetrator. The individual
shall provide such certification within 14 business days
after the owner, manager, or public housing agency requests
such certification.
``(B) Failure to provide certification.--If the individual
does not provide the certification within 14 business days
after the owner, manager, public housing agency, or assisted
housing provider has requested such certification in writing,
nothing in this subsection or in subsection (c)(9),
(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20),
or (r)(5) may be construed to limit the authority of an owner
or manager to evict, or the public housing agency or assisted
housing provider to terminate voucher assistance for, any
tenant or lawful occupant that commits violations of a lease.
The owner, manager, public housing agency, or assisted
housing provider may extend the 14-day deadline at their
discretion.
``(C) Contents.--An individual may satisfy the
certification requirement of subparagraph (A) by--
``(i) providing the requesting owner, manager, or public
housing agency with documentation signed by an employee,
agent, or volunteer of a victim service provider, an
attorney, or a medical professional, from whom the victim has
sought assistance in addressing domestic violence, dating
violence, sexual assault, or stalking, or the effects of the
abuse, in which the professional attests under penalty of
perjury (28 U.S.C. 1746) to the professional's belief that
the incident or incidents in question are bona fide incidents
of abuse, and the victim of domestic violence, dating
violence, or stalking has signed or attested to the
documentation; or
``(ii) producing a Federal, State, tribal, territorial, or
local police or court record.
``(D) Limitation.--Nothing in this subsection shall be
construed to require an owner, manager, or public housing
agency to demand that an individual produce official
documentation or physical proof of the individual's status as
a victim of domestic violence, dating violence, sexual
assault, or stalking in order to receive any of the benefits
provided in this section. At their discretion, the owner,
manager, or public housing agency may provide benefits to an
individual based solely on the individual's statement or
other corroborating evidence.
``(E) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with this statute by an owner,
manager, public housing agency, or assisted housing provider
based on the certification specified in paragraph (1)(A) and
(B) of this subsection or based solely on the victim's
statement or other corroborating evidence, as permitted by
paragraph (1)(C) of this subsection, shall not alone be
sufficient to constitute evidence of an unreasonable act or
omission by an owner, manger, public housing agency, or
assisted housing provider, or employee thereof. Nothing in
this subparagraph shall be construed to limit liability for
failure to comply with the requirements of
[[Page H12099]]
subsections (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C),
(o)(7)(D), (o)(20), or (r)(5).
``(F) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
section for victims of domestic violence, dating violence, or
stalking.
``(2) Confidentiality.--
``(A) In general.--All information provided to an owner,
manager, or public housing agency pursuant to paragraph (1),
including the fact that an individual is a victim of domestic
violence, dating violence, or stalking, shall be retained in
confidence by an owner, manager, or public housing agency,
and shall neither be entered into any shared database nor
provided to any related entity, except to the extent that
disclosure is--
``(i) requested or consented to by the individual in
writing;
``(ii) required for use in an eviction proceeding under
subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C),
(o)(7)(D), or (o)(20),; or
``(iii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must provide
notice to tenants assisted under Section 8 of the United
States Housing Act of 1937 of their rights under this
subsection and subsections (c)(9), (d)(1)(B(ii),
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5),
including their right to confidentiality and the limits
thereof, and to owners and managers of their rights and
obligations under this subsection and subsections (c)(9),
(d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20),
and (r)(5).''.
SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM.
Section 6 of the United States Housing Act of 1937 (42
U.S.C. 1437d) is amended--
(1) in subsection (c), by redesignating paragraph (3) and
(4), as paragraphs (4) and (5), respectively;
(2) by inserting after paragraph (2) the following:
``(3) the public housing agency shall not deny admission to
the project to any applicant on the basis that the applicant
is or has been a victim of domestic violence, dating
violence, or stalking if the applicant otherwise qualifies
for assistance or admission, and that nothing in this section
shall be construed to supersede any provision of any Federal,
State, or local law that provides greater protection than
this section for victims of domestic violence, dating
violence, or stalking'';
(3) in subsection (l)(5), by inserting after ``other good
cause'' the following: ``, and that an incident or incidents
of actual or threatened domestic violence, dating violence,
or stalking will not be construed as a serious or repeated
violation of the lease by the victim or threatened victim of
that violence and will not be good cause for terminating the
tenancy or occupancy rights of the victim of such violence'';
(4) in subsection (l)(6), by inserting after ``termination
of tenancy'' the following: ``; except that (A) criminal
activity directly relating to domestic violence, dating
violence, or stalking, engaged in by a member of a tenant's
household or any guest or other person under the tenant's
control, shall not be cause for termination of the tenancy or
occupancy rights, if the tenant or immediate member of the
tenant's family is a victim of that domestic violence, dating
violence, or stalking; (B) notwithstanding subparagraph (A),
a public housing agency under this section may bifurcate a
lease under this section, in order to evict, remove, or
terminate assistance to any individual who is a tenant or
lawful occupant and who engages in criminal acts of physical
violence against family members or others, without evicting,
removing, terminating assistance to, or otherwise penalizing
the victim of such violence who is also a tenant or lawful
occupant; (C) nothing in subparagraph (A) may be construed to
limit the authority of a public housing agency, when
notified, to honor court orders addressing rights of access
to or control of the property, including civil protection
orders issued to protect the victim and issued to address the
distribution or possession of property among the household
members in cases where a family breaks up; (D) nothing in
subparagraph (A) limits any otherwise available authority of
a public housing agency to evict a tenant for any violation
of a lease not premised on the act or acts of violence in
question against the tenant or a member of the tenant's
household, provided that the public housing agency does not
subject an individual who is or has been a victim of domestic
violence, dating violence, or stalking to a more demanding
standard than other tenants in determining whether to evict
or terminate; (E) nothing in subparagraph (A) may be
construed to limit the authority of a public housing agency
to terminate the tenancy of any tenant if the public housing
agency can demonstrate an actual and imminent threat to other
tenants or those employed at or providing service to the
property if that tenant's tenancy is not terminated; and (F)
nothing in this section shall be construed to supersede any
provision of any Federal, State, or local law that provides
greater protection than this section for victims of domestic
violence, dating violence, or stalking.''; and
(5) by inserting at the end of subsection (t) the following
new subsection:
``(u) Certification and Confidentiality.--
``(1) Certification.--
``(A) In general.--A public housing agency responding to
subsection (l) (5) and (6) may request that an individual
certify via a HUD approved certification form that the
individual is a victim of domestic violence, dating violence,
or stalking, and that the incident or incidents in question
are bona fide incidents of such actual or threatened abuse
and meet the requirements set forth in the aforementioned
paragraphs. Such certification shall include the name of the
perpetrator. The individual shall provide such certification
within 14 business days after the public housing agency
requests such certification.
``(B) Failure to provide certification.--If the individual
does not provide the certification within 14 business days
after the public housing agency has requested such
certification in writing, nothing in this subsection, or in
paragraph (5) or (6) of subsection (l), may be construed to
limit the authority of the public housing agency to evict any
tenant or lawful occupant that commits violations of a lease.
The public housing agency may extend the 14-day deadline at
its discretion.
``(C) Contents.--An individual may satisfy the
certification requirement of subparagraph (A) by--
``(i) providing the requesting public housing agency with
documentation signed by an employee, agent, or volunteer of a
victim service provider, an attorney, or a medical
professional, from whom the victim has sought assistance in
addressing domestic violence, dating violence, or stalking,
or the effects of the abuse, in which the professional
attests under penalty of perjury (28 U.S.C. 1746) to the
professional's belief that the incident or incidents in
question are bona fide incidents of abuse, and the victim of
domestic violence, dating violence, or stalking has signed or
attested to the documentation; or
``(ii) producing a Federal, State, tribal, territorial, or
local police or court record.
``(D) Limitation.--Nothing in this subsection shall be
construed to require any public housing agency to demand that
an individual produce official documentation or physical
proof of the individual's status as a victim of domestic
violence, dating violence, or stalking in order to receive
any of the benefits provided in this section. At the public
housing agency's discretion, a public housing agency may
provide benefits to an individual based solely on the
individual's statement or other corroborating evidence.
``(E) Preemption.--Nothing in this section shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
section for victims of domestic violence, dating violence, or
stalking.
``(F) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with this statute by a public
housing agency, or assisted housing provider based on the
certification specified in subparagraphs (A) and (B) of this
subsection or based solely on the victim's statement or other
corroborating evidence, as permitted by subparagraph (D) of
this subsection, shall not alone be sufficient to constitute
evidence of an unreasonable act or omission by a public
housing agency or employee thereof. Nothing in this
subparagraph shall be construed to limit liability for
failure to comply with the requirements of subsection (l)(5)
and (6).
``(2) Confidentiality.--
``(A) In general.--All information provided to any public
housing agency pursuant to paragraph (1), including the fact
that an individual is a victim of domestic violence, dating
violence, or stalking, shall be retained in confidence by
such public housing agency, and shall neither be entered into
any shared database nor provided to any related entity,
except to the extent that disclosure is--
``(i) requested or consented to by the individual in
writing;
``(ii) required for use in an eviction proceeding under
subsections (l)(5) or (6); or
``(iii) otherwise required by applicable law.
``(B) Notification.--Public housing agencies must provide
notice to tenants assisted under Section 6 of the United
States Housing Act of 1937 of their rights under this
subsection and subsections (l)(5) and (6), including their
right to confidentiality and the limits thereof.
``(3) Definitions.--For purposes of this subsection,
subsection (c)(3), and subsection (l)(5) and (6)--
``(A) the term `domestic violence' has the same meaning
given the term in section 40002 of the Violence Against Women
Act of 1994;
``(B) the term `dating violence' has the same meaning given
the term in
``(C) the term `stalking' means--
``(i)(I) to follow, pursue, or repeatedly commit acts with
the intent to kill, injure, harass, or intimidate; or
``(II) to place under surveillance with the intent to kill,
injure, harass, or intimidate another person; and
``(ii) in the course of, or as a result of, such following,
pursuit, surveillance, or repeatedly committed acts, to place
a person in reasonable fear of the death of, or serious
bodily injury to, or to cause substantial emotional harm to--
``(I) that person;
``(II) a member of the immediate family of that person; or
``(III) the spouse or intimate partner of that person; and
``(D) the term `immediate family member' means, with
respect to a person--
``(i) a spouse, parent, brother or sister, or child of that
person, or an individual to whom that person stands in loco
parentis; or
``(ii) any other person living in the household of that
person and related to that person by blood and marriage.''.
TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE
RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND
SEXUAL VIOLENCE.
Subtitle N of the Violence Against Women Act of 1994
(Public Law 103-322; 108 Stat. 1902) is amended by adding at
the end the following:
``Subtitle O--National Resource Center
``SEC. 41501. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE
RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND
SEXUAL VIOLENCE.
``(a) Authority.--The Attorney General, acting through the
Director of the Office on Violence Against Women, may award a
grant to an
[[Page H12100]]
eligible nonprofit nongovernmental entity or tribal
organization, in order to provide for the establishment and
operation of a national resource center on workplace
responses to assist victims of domestic and sexual violence.
The resource center shall provide information and assistance
to employers and labor organizations to aid in their efforts
to develop and implement responses to such violence.
``(b) Applications.--To be eligible to receive a grant
under this section, an entity or organization shall submit an
application to the Attorney General at such time, in such
manner, and containing such information as the Attorney
General may require, including--
``(1) information that demonstrates that the entity or
organization has nationally recognized expertise in the area
of domestic or sexual violence;
``(2) a plan to maximize, to the extent practicable,
outreach to employers (including private companies and public
entities such as public institutions of higher education and
State and local governments) and labor organizations
described in subsection (a) concerning developing and
implementing workplace responses to assist victims of
domestic or sexual violence; and
``(3) a plan for developing materials and training for
materials for employers that address the needs of employees
in cases of domestic violence, dating violence, sexual
assault, and stalking impacting the workplace, including the
needs of underserved communities.
``(c) Use of Grant Amount.--
``(1) In general.--An entity or organization that receives
a grant under this section may use the funds made available
through the grant for staff salaries, travel expenses,
equipment, printing, and other reasonable expenses necessary
to develop, maintain, and disseminate to employers and labor
organizations described in subsection (a), information and
assistance concerning workplace responses to assist victims
of domestic or sexual violence.
``(2) Responses.--Responses referred to in paragraph (1)
may include--
``(A) providing training to promote a better understanding
of workplace assistance to victims of domestic or sexual
violence;
``(B) providing conferences and other educational
opportunities; and
``(C) developing protocols and model workplace policies.
``(d) Liability.--The compliance or noncompliance of any
employer or labor organization with any protocol or policy
developed by an entity or organization under this section
shall not serve as a basis for liability in tort, express or
implied contract, or by any other means. No protocol or
policy developed by an entity or organization under this
section shall be referenced or enforced as a workplace safety
standard by any Federal, State, or other governmental agency.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2007 through 2011.
``(f) Availability of Grant Funds.--Funds appropriated
under this section shall remain available until expended.''.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
Subtitle A--Victims of Crime
SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS.
(a) Treatment of Spouse and Children of Victims of
Trafficking.--Section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security, or in the case of subclause (III)(aa) the Secretary
of Homeland Security and the Attorney General jointly;'';
(B) in subclause (III)(aa)--
(i) by inserting ``Federal, State, or local'' before
``investigation''; and
(ii) by striking ``, or'' and inserting ``or the
investigation of crime where acts of trafficking are at least
one central reason for the commission of that crime; or'';
and
(C) in subclause (IV), by striking ``and'' at the end;
(2) by amending clause (ii) to read as follows:
``(ii) if accompanying, or following to join, the alien
described in clause (i)--
``(I) in the case of an alien described in clause (i) who
is under 21 years of age, the spouse, children, unmarried
siblings under 18 years of age on the date on which such
alien applied for status under such clause, and parents of
such alien; or
``(II) in the case of an alien described in clause (i) who
is 21 years of age or older, the spouse and children of such
alien; and''; and
(3) by inserting after clause (ii) the following:
``(iii) if the Secretary of Homeland Security, in his or
her discretion and with the consultation of the Attorney
General, determines that a trafficking victim, due to
psychological or physical trauma, is unable to cooperate with
a request for assistance described in clause (i)(III)(aa),
the request is unreasonable.''.
(b) Treatment of Spouses and Children of Victims of
Abuse.--Section 101(a)(15)(U) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended--
(1) in clause (i), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(2) by amending clause (ii) to read as follows:
``(ii) if accompanying, or following to join, the alien
described in clause (i)--
``(I) in the case of an alien described in clause (i) who
is under 21 years of age, the spouse, children, unmarried
siblings under 18 years of age on the date on which such
alien applied for status under such clause, and parents of
such alien; or
``(II) in the case of an alien described in clause (i) who
is 21 years of age or older, the spouse and children of such
alien; and''.
(c) Technical Amendments.--Section 101(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(i)) is
amended--
(1) in paragraph (1), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security, the Attorney
General,''; and
(2) in paragraph (2), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING
IN PERSONS.
(a) In General.--Section 212(a)(9)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii))
is amended by adding at the end the following:
``(V) Victims of a severe form of trafficking in persons.--
Clause (i) shall not apply to an alien who demonstrates that
the severe form of trafficking (as that term is defined in
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102)) was at least one central reason for the
alien's unlawful presence in the United States.''.
(b) Technical Amendment.--Paragraphs (13) and (14) of
section 212(d) of the Immigration and Nationality Act (8
U.S.C. 1182(d)) are amended by striking ``Attorney General''
each place it appears and inserting ``Secretary of Homeland
Security''.
SEC. 803. ADJUSTMENT OF STATUS.
(a) Victims of Trafficking.--Section 245(l) of the
Immigration and Nationality Act (8 U.S.C. 1255(l)) is
amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security, or in the
case of subparagraph (C)(i), the Attorney General,''; and
(B) in subparagraph (A), by inserting at the end ``or has
been physically present in the United States for a continuous
period during the investigation or prosecution of acts of
trafficking and that, in the opinion of the Attorney General,
the investigation or prosecution is complete, whichever
period of time is less;'';
(2) in paragraph (2), by striking ``Attorney General'' each
place it appears and inserting ``Secretary of Homeland
Security''; and
(3) in paragraph (5), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
(b) Victims of Crimes Against Women.--Section 245(m) of the
Immigration and Nationality Act (8 U.S.C. 12255(m)) is
amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General may adjust'' and
inserting ``Secretary of Homeland Security may adjust''; and
(B) in subparagraph (B), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security'';
(2) in paragraph (3)--
(A) by striking ``Attorney General may adjust'' and
inserting ``Secretary of Homeland Security may adjust''; and
(B) by striking ``Attorney General considers'' and
inserting ``Secretary considers''; and
(3) in paragraph (4), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF
TRAFFICKING.
(a) Clarification of Department of Justice and Department
of Homeland Security Roles.--Section 107 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105) is amended--
(1) in subsections (b)(1)(E), (e)(5), and (g), by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(2) in subsection (c), by inserting ``, the Secretary of
Homeland Security'' after ``Attorney General''.
(b) Certification Process.--Section 107(b)(1)(E) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(1)(E)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by inserting
``and the Secretary of Homeland Security'' after ``Attorney
General''; and
(B) in subclause (II)(bb), by inserting ``and the Secretary
of Homeland Security'' after ``Attorney General''.
(2) in clause (ii), by inserting ``Secretary of Homeland
Security'' after ``Attorney General'';
(3) in clause (iii)--
(A) in subclause (II), by striking ``and'' at the end;
(B) in subclause (III), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(IV) responding to and cooperating with requests for
evidence and information.''.
(c) Protection From Removal for Certain Crime Victims.--
Section 107(e) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(e)) is amended by striking ``Attorney
General'' each place it occurs and inserting ``Secretary of
Homeland Security''.
(d) Annual Report.--Section 107(g) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(g)) is amended
by inserting ``or the Secretary of Homeland Security'' after
``Attorney General''.
SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.
(a) Aging Out Children.--Section 204(a)(1)(D) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is
amended--
(1) in clause (i)--
(A) in subclause (I), by inserting ``or section
204(a)(1)(B)(iii)'' after ``204(a)(1)(A)'' each place it
appears; and
(B) in subclause (III), by striking ``a petitioner for
preference status under paragraph (1), (2), or (3) of section
203(a), whichever paragraph is applicable,'' and inserting
``a VAWA self-petitioner''; and
[[Page H12101]]
(2) by adding at the end the following:
``(iv) Any alien who benefits from this subparagraph may
adjust status in accordance with subsections (a) and (c) of
section 245 as an alien having an approved petition for
classification under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii).''.
(b) Application of CSPA Protections.--
(1) Immediate relative rules.--Section 201(f) of the
Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended
by adding at the end the following:
``(4) Application to self-petitions.--Paragraphs (1)
through (3) shall apply to self-petitioners and derivatives
of self-petitioners.''.
(2) Children rules.--Section 203(h) of the Immigration and
Nationality Act (8 U.S.C. 1153(h)) is amended by adding at
the end the following:
``(4) Application to self-petitions.--Paragraphs (1)
through (3) shall apply to self-petitioners and derivatives
of self-petitioners.''.
(c) Late Petition Permitted for Immigrant Sons and
Daughters Battered as Children.--
(1) In general.--Section 204(a)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by
subsection (a), is further amended by adding at the end the
following:
``(v) For purposes of this paragraph, an individual who is
not less than 21 years of age, who qualified to file a
petition under subparagraph (A)(iv) as of the day before the
date on which the individual attained 21 years of age, and
who did not file such a petition before such day, shall be
treated as having filed a petition under such subparagraph as
of such day if a petition is filed for the status described
in such subparagraph before the individual attains 25 years
of age and the individual shows that the abuse was at least
one central reason for the filing delay. Clauses (i) through
(iv) of this subparagraph shall apply to an individual
described in this clause in the same manner as an individual
filing a petition under subparagraph (A)(iv).''.
(d) Removing a 2-Year Custody and Residency Requirement for
Battered Adopted Children.--Section 101(b)(1)(E)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i))
is amended by inserting before the colon the following: ``or
if the child has been battered or subject to extreme cruelty
by the adopting parent or by a family member of the adopting
parent residing in the same household''.
Subtitle B--VAWA Self-Petitioners
SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.
Section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)) is amended by adding at the end the
following:
``(51) The term `VAWA self-petitioner' means an alien, or a
child of the alien, who qualifies for relief under--
``(A) clause (iii), (iv), or (vii) of section 204(a)(1)(A);
``(B) clause (ii) or (iii) of section 204(a)(1)(B);
``(C) section 216(c)(4)(C);
``(D) the first section of Public Law 89-732 (8 U.S.C. 1255
note) (commonly known as the Cuban Adjustment Act) as a child
or spouse who has been battered or subjected to extreme
cruelty;
``(E) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);
``(F) section 202(d)(1) of the Nicaraguan Adjustment and
Central American Relief Act; or
``(G) section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208).''.
SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE.
Section 240B(d) of the Immigration and Nationality Act (8
U.S.C. 1229c(d)) is amended to read as follows:
``(d) Civil Penalty for Failure To Depart.--
``(1) In general.--Subject to paragraph (2), if an alien is
permitted to depart voluntarily under this section and
voluntarily fails to depart the United States within the time
period specified, the alien--
``(A) shall be subject to a civil penalty of not less than
$1,000 and not more than $5,000; and
``(B) shall be ineligible, for a period of 10 years, to
receive any further relief under this section and sections
240A, 245, 248, and 249.
``(2) Application of vawa protections.--The restrictions on
relief under paragraph (1) shall not apply to relief under
section 240A or 245 on the basis of a petition filed by a
VAWA self-petitioner, or a petition filed under section
240A(b)(2), or under section 244(a)(3) (as in effect prior to
March 31, 1997), if the extreme cruelty or battery was at
least one central reason for the alien's overstaying the
grant of voluntary departure.
``(3) Notice of penalties.--The order permitting an alien
to depart voluntarily shall inform the alien of the penalties
under this subsection.''.
SEC. 813. REMOVAL PROCEEDINGS.
(a) Exceptional Circumstances.--
(1) In general.--Section 240(e)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking
``serious illness of the alien'' and inserting ``battery or
extreme cruelty to the alien or any child or parent of the
alien, serious illness of the alien,''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to a failure to appear that occurs before, on, or
after the date of the enactment of this Act.
(b) Discretion to Consent to an Alien's Reapplication for
Admission.--
(1) In general.--The Secretary of Homeland Security, the
Attorney General, and the Secretary of State shall continue
to have discretion to consent to an alien's reapplication for
admission after a previous order of removal, deportation, or
exclusion.
(2) Sense of congress.--It is the sense of Congress that
the officials described in paragraph (1) should particularly
consider exercising this authority in cases under the
Violence Against Women Act of 1994, cases involving
nonimmigrants described in subparagraph (T) or (U) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), and relief under section 240A(b)(2) or
244(a)(3) of such Act (as in effect on March 31, 1997)
pursuant to regulations under section 212.2 of title 8, Code
of Federal Regulations.
(c) Clarifying Application of Domestic Violence Waiver
Authority in Cancellation of Removal.--
(1) In general.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)) is amended--
(A) in paragraph (1)(C), by striking ``(except in a case
described in section 237(a)(7) where the Attorney General
exercises discretion to grant a waiver)'' and inserting ``,
subject to paragraph (5)'';
(B) in paragraph (2)(A)(iv), by striking ``(except in a
case described in section 237(a)(7) where the Attorney
General exercises discretion to grant a waiver)'' and
inserting ``, subject to paragraph (5)''; and
(C) by adding at the end the following:
``(5) Application of domestic violence waiver authority.--
The authority provided under section 237(a)(7) may apply
under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a
cancellation of removal and adjustment of status
proceeding.''.
SEC. 814. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS AND
LIMITATION ON PETITIONING FOR ABUSERS.
(a) Application of VAWA Deportation Protections to Aliens
Eligible for Relief Under Cuban Adjustment and Haitian
Refugee Immigration Fairness Act.--Section 1506(c)(2) of the
Violence Against Women Act of 2000 (8 U.S.C. 1229a note;
division B of Public Law 106-386) is amended--
(1) in subparagraph (A)--
(A) by amending clause (i) to read as follows:
``(i) if the basis of the motion is to apply for relief
under--
``(I) clause (iii) or (iv) of section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A));
``(II) clause (ii) or (iii) of section 204(a)(1)(B) of such
Act (8 U.S.C. 1154(a)(1)(B));
``(III) section 244(a)(3) of such Act (8 U.S.C. 8 U.S.C.
1254(a)(3));
``(IV) the first section of Public Law 89-732 (8 U.S.C.
1255 note) (commonly known as the Cuban Adjustment Act) as a
child or spouse who has been battered or subjected to extreme
cruelty; or
``(V) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note); and'';
and
(B) in clause (ii), by inserting ``or adjustment of
status'' after ``suspension of deportation''; and
(2) in subparagraph (B)(ii), by striking ``for relief'' and
all that follows through ``1101 note))'' and inserting ``for
relief described in subparagraph (A)(i)''.
(b) Employment Authorization for VAWA Self-Petitioners.--
Section 204(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)) is amended by adding at the end the
following:
``(K) Upon the approval of a petition as a VAWA self-
petitioner, the alien--
``(i) is eligible for work authorization; and
``(ii) may be provided an `employment authorized'
endorsement or appropriate work permit incidental to such
approval.''.
(c) Employment Authorization for Battered Spouses of
Certain Nonimmigrants.--Title I of the Immigration and
Nationality Act is amended by adding at the end the following
new section:
``SEC. 106. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF
CERTAIN NONIMMIGRANTS.
``(a) In General.--In the case of an alien spouse admitted
under subparagraph (A), (E)(iii), (G), or (H) of section
101(a)(15) who is accompanying or following to join a
principal alien admitted under subparagraph (A), (E)(iii),
(G), or (H) of such section, respectively, the Secretary of
Homeland Security may authorize the alien spouse to engage in
employment in the United States and provide the spouse with
an `employment authorized' endorsement or other appropriate
work permit if the alien spouse demonstrates that during the
marriage the alien spouse or a child of the alien spouse has
been battered or has been the subject of extreme cruelty
perpetrated by the spouse of the alien spouse. Requests for
relief under this section shall be handled under the
procedures that apply to aliens seeking relief under section
204(a)(1)(A)(iii).
``(b) Construction.--The grant of employment authorization
pursuant to this section shall not confer upon the alien any
other form of relief.''.
(d) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
105 the following new item:
``Sec. 106. Employment authorization for battered spouses of certain
nonimmigrants.''.
(e) Limitation on Petitioning for Abuser.--Section
204(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)) is amended by adding at the end the following new
subparagraph:
``(L) Notwithstanding the previous provisions of this
paragraph, an individual who was a VAWA petitioner or who had
the status of a nonimmigrant under subparagraph (T) or (U) of
section 101(a)(15) may not file a petition for
[[Page H12102]]
classification under this section or section 214 to classify
any person who committed the battery or extreme cruelty or
trafficking against the individual (or the individual's
child) which established the individual's (or individual's
child) eligibility as a VAWA petitioner or for such
nonimmigrant status.''.
SEC. 815. APPLICATION FOR VAWA-RELATED RELIEF.
(a) In General.--Section 202(d)(1) of the Nicaraguan
Adjustment and Central American Relief Act (8 U.S.C. 1255
note; Public Law 105-100) is amended--
(1) in subparagraph (B)(ii), by inserting ``, or was
eligible for adjustment,'' after ``whose status is
adjusted''; and
(2) in subparagraph (E), by inserting ``, or, in the case
of an alien who qualifies under subparagraph (B)(ii), applies
for such adjustment during the 18-month period beginning on
the date of enactment of the Violence Against Women and
Department of Justice Reauthorization Act of 2005'' after
``April 1, 2000''.
(b) Technical Amendment.--Section 202(d)(3) of such Act (8
U.S.C. 1255 note; Public Law 105-100) is amended by striking
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
(c) Effective Date.--The amendment made by subsection (b)
shall take effect as if included in the enactment of the
Violence Against Women Act of 2000 (division B of Public Law
106-386; 114 Stat. 1491).
SEC. 816. SELF-PETITIONING PARENTS.
Section 204(a)(1)(A) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the
following:
``(vii) An alien may file a petition with the Secretary of
Homeland Security under this subparagraph for classification
of the alien under section 201(b)(2)(A)(i) if the alien--
``(I) is the parent of a citizen of the United States or
was a parent of a citizen of the United States who, within
the past 2 years, lost or renounced citizenship status
related to an incident of domestic violence or died;
``(II) is a person of good moral character;
``(III) is eligible to be classified as an immediate
relative under section 201(b)(2)(A)(i);
``(IV) resides, or has resided, with the citizen daughter
or son; and
``(V) demonstrates that the alien has been battered or
subject to extreme cruelty by the citizen daughter or son.''.
SEC. 817. VAWA CONFIDENTIALITY NONDISCLOSURE.
Section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``(including any bureau or agency of such Department)'' and
inserting ``, the Secretary of Homeland Security, the
Secretary of State, or any other official or employee of the
Department of Homeland Security or Department of State
(including any bureau or agency of either of such
Departments)''; and
(B) in paragraph (1)--
(i) in subparagraph (D), by striking ``or'' at the end; and
(ii) by inserting after subparagraph (E) the following:
``(F) in the case of an alien applying for status under
section 101(a)(15)(T) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(T)), under section
107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7105), under section 244(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)), as in
effect prior to March 31, 1999, or as a VAWA self-petitioner
(as defined in section 101(a)(51) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(51)), the trafficker or
perpetrator,'';
(2) in subsection (b), by adding at the end the following
new paragraphs:
``(6) Subsection (a) may not be construed to prevent the
Attorney General and the Secretary of Homeland Security from
disclosing to the chairmen and ranking members of the
Committee on the Judiciary of the Senate or the Committee on
the Judiciary of the House of Representatives, for the
exercise of congressional oversight authority, information on
closed cases under this section in a manner that protects the
confidentiality of such information and that omits personally
identifying information (including locational information
about individuals).
``(7) Government entities adjudicating applications for
relief under subsection (a)(2), and government personnel
carrying out mandated duties under section 101(i)(1) of the
Immigration and Nationality Act, may, with the prior written
consent of the alien involved, communicate with nonprofit,
nongovernmental victims' service providers for the sole
purpose of assisting victims in obtaining victim services
from programs with expertise working with immigrant victims.
Agencies receiving referrals are bound by the provisions of
this section. Nothing in this paragraph shall be construed as
affecting the ability of an applicant to designate a safe
organization through whom governmental agencies may
communicate with the applicant.'';
(3) in subsection (c), by inserting ``or who knowingly
makes a false certification under section 239(e) of the
Immigration and Nationality Act'' after ``in violation of
this section''; and
(4) by adding at the end the following new subsection:
``(d) Guidance.--The Attorney General and the Secretary of
Homeland Security shall provide guidance to officers and
employees of the Department of Justice or the Department of
Homeland Security who have access to information covered by
this section regarding the provisions of this section,
including the provisions to protect victims of domestic
violence from harm that could result from the inappropriate
disclosure of covered information.''.
Subtitle C--Miscellaneous Amendments
SEC. 821. DURATION OF T AND U VISAS.
(a) T Visas.--Section 214(o) of the Immigration and
Nationality Act (8 U.S.C. 1184(o)) is amended by adding at
the end the following:
``(7)(A) Except as provided in subparagraph (B), an alien
who is issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(T) may be granted such status
for a period of not more than 4 years.
``(B) An alien who is issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(T) may extend
the period of such status beyond the period described in
subparagraph (A) if a Federal, State, or local law
enforcement official, prosecutor, judge, or other authority
investigating or prosecuting activity relating to human
trafficking or certifies that the presence of the alien in
the United States is necessary to assist in the investigation
or prosecution of such activity.''.
(b) U Visas.--Section 214(p) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)) is amended by adding at
the end the following:
``(6) Duration of status.--The authorized period of status
of an alien as a nonimmigrant under section 101(a)(15)(U)
shall be for a period of not more than 4 years, but shall be
extended upon certification from a Federal, State, or local
law enforcement official, prosecutor, judge, or other
Federal, State, or local authority investigating or
prosecuting criminal activity described in section
101(a)(15)(U)(iii) that the alien's presence in the United
States is required to assist in the investigation or
prosecution of such criminal activity.''.
(c) Permitting Change of Nonimmigrant Status to T and U
Nonimmigrant Status.--
(1) In general.--Section 248 of the Immigration and
Nationality Act (8 U.S.C. 1258) is amended--
(A) by striking ``The Attorney General'' and inserting
``(a) The Secretary of Homeland Security'';
(B) by inserting ``(subject to subsection (b))'' after
``except''; and
(C) by adding at the end the following:
``(b) The exceptions specified in paragraphs (1) through
(4) of subsection (a) shall not apply to a change of
nonimmigrant classification to that of a nonimmigrant under
subparagraph (T) or (U) of section 101(a)(15).''.
(2) Conforming amendment.--Section 214(l)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is
amended by striking ``248(2)'' and inserting ``248(a)(2)''.
SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN APPLICATION
OF SPECIAL PHYSICAL PRESENCE AND GOOD MORAL
CHARACTER RULES.
(a) Physical Presence Rules.--Section 240A(b)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is
amended--
(1) in the first sentence, by striking ``(A)(i)(II)'' and
inserting ``(A)(ii)''; and
(2) in the fourth sentence, by striking ``subsection
(b)(2)(B) of this section'' and inserting ``this
subparagraph, subparagraph (A)(ii),''.
(b) Moral Character Rules.--Section 240A(b)(2)(C) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(C)) is
amended by striking ``(A)(i)(III)'' and inserting
``(A)(iii)''.
(c) Correction of Cross-Reference Error in Applying Good
Moral Character.--
(1) In general.--Section 101(f)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking
``(9)(A)'' and inserting ``(10)(A)''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective as if included in section 603(a)(1) of the
Immigration Act of 1990 (Public Law 101-649; 104 Stat. 5082).
SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER
CUBAN ADJUSTMENT.
(a) In General.--The first section of Public Law 89-732 (8
U.S.C. 1255 note) (commonly known as the Cuban Adjustment
Act) is amended--
(1) in the last sentence, by striking ``204(a)(1)(H)'' and
inserting ``204(a)(1)(J)''; and
(2) by adding at the end the following: ``An alien who was
the spouse of any Cuban alien described in this section and
has resided with such spouse shall continue to be treated as
such a spouse for 2 years after the date on which the Cuban
alien dies (or, if later, 2 years after the date of enactment
of Violence Against Women and Department of Justice
Reauthorization Act of 2005), or for 2 years after the date
of termination of the marriage (or, if later, 2 years after
the date of enactment of Violence Against Women and
Department of Justice Reauthorization Act of 2005) if there
is demonstrated a connection between the termination of the
marriage and the battering or extreme cruelty by the Cuban
alien.''.
(b) Effective Date.--The amendment made by subsection
(a)(1) shall take effect as if included in the enactment of
the Violence Against Women Act of 2000 (division B of Public
Law 106-386; 114 Stat. 1491).
SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.
(a) In General.--Section 902(d)(1)(B) of the Haitian
Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note)
is amended--
(1) in clause (i), by striking ``whose status is adjusted
to that of an alien lawfully admitted for permanent
residence'' and inserting ``who is or was eligible for
classification'';
(2) in clause (ii), by striking ``whose status is adjusted
to that of an alien lawfully admitted for permanent
residence'' and inserting ``who is or was eligible for
classification''; and
(3) in clause (iii), by striking ``204(a)(1)(H)'' and
inserting ``204(a)(1)(J)''.
(b) Effective Date.--The amendment made by subsection
(a)(3) shall take effect as if included in the enactment of
the Violence Against Women Act of 2000 (division B of Public
Law 106-386; 114 Stat. 1491).
[[Page H12103]]
SEC. 825. MOTIONS TO REOPEN.
(a) Removal Proceedings.--Section 240(c)(7) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)), as
redesignated by section 101(d)(1) of the REAL ID Act of 2005
(division B of Public Law 109-13), is amended--
(1) in subparagraph (A), by inserting ``, except that this
limitation shall not apply so as to prevent the filing of one
motion to reopen described in subparagraph (C)(iv)'' before
the period at the end; and
(2) in subparagraph (C)--
(A) in the heading of clause (iv), by striking ``Spouses
and children'' and inserting ``Spouses, children, and
parents'';
(B) in the matter before subclause (I) of clause (iv), by
striking ``The deadline specified in subsection (b)(5)(C) for
filing a motion to reopen does not apply'' and inserting
``Any limitation under this section on the deadlines for
filing such motions shall not apply'';
(C) in clause (iv)(I), by striking ``or section 240A(b)''
and inserting ``, section 240A(b), or section 244(a)(3) (as
in effect on March 31, 1997)'';
(D) by striking ``and'' at the end of clause (iv)(II);
(E) by striking the period at the end of clause (iv)(III)
and inserting ``; and''; and
(F) by adding at the end the following:
``(IV) if the alien is physically present in the United
States at the time of filing the motion.
The filing of a motion to reopen under this clause shall only
stay the removal of a qualified alien (as defined in section
431(c)(1)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B)) pending the final disposition of the motion,
including exhaustion of all appeals if the motion establishes
that the alien is a qualified alien.''.
(b) Deportation and Exclusion Proceedings.--Section
1506(c)(2) of the Violence Against Women Act of 2000 (8
U.S.C. 1229a note) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A)(i) In general.--Notwithstanding any limitation
imposed by law on motions to reopen or rescind deportation
proceedings under the Immigration and Nationality Act (as in
effect before the title III-A effective date in section 309
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note))--
``(I) there is no time limit on the filing of a motion to
reopen such proceedings, and the deadline specified in
section 242B(c)(3) of the Immigration and Nationality Act (as
so in effect) (8 U.S.C. 1252b(c)(3)) does not apply--
``(aa) if the basis of the motion is to apply for relief
under clause (iii) or (iv) of section 204(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)),
clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8
U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as
so in effect) (8 U.S.C. 1254(a)(3)); and
``(bb) if the motion is accompanied by a suspension of
deportation application to be filed with the Secretary of
Homeland Security or by a copy of the self-petition that will
be filed with the Department of Homeland Security upon the
granting of the motion to reopen; and
``(II) any such limitation shall not apply so as to prevent
the filing of one motion to reopen described in section
240(c)(7)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)).
``(ii) Prima facie case.--The filing of a motion to reopen
under this subparagraph shall only stay the removal of a
qualified alien (as defined in section 431(c)(1)(B) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pending the final
disposition of the motion, including exhaustion of all
appeals if the motion establishes that the alien is a
qualified alien.'';
(2) in subparagraph (B), in the matter preceding clause
(i), by inserting ``who are physically present in the United
States and'' after ``filed by aliens''; and
(3) in subparagraph (B)(i), by inserting ``or exclusion''
after ``deportation''.
(c) Certification of Compliance in Removal Proceedings.--
(1) In general.--Section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) is amended by adding at the
end the following new subsection:
``(e) Certification of Compliance With Restrictions on
Disclosure.--
``(1) In general.--In cases where an enforcement action
leading to a removal proceeding was taken against an alien at
any of the locations specified in paragraph (2), the Notice
to Appear shall include a statement that the provisions of
section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) have been complied
with.
``(2) Locations.--The locations specified in this paragraph
are as follows:
``(A) At a domestic violence shelter, a rape crisis center,
supervised visitation center, family justice center, a victim
services, or victim services provider, or a community-based
organization.
``(B) At a courthouse (or in connection with that
appearance of the alien at a courthouse) if the alien is
appearing in connection with a protection order case, child
custody case, or other civil or criminal case relating to
domestic violence, sexual assault, trafficking, or stalking
in which the alien has been battered or subject to extreme
cruelty or if the alien is described in subparagraph (T) or
(V) of section 101(a)(15).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 30 days after the date
of the enactment of this Act and shall apply to apprehensions
occurring on or after such date.
SEC. 826. PROTECTING ABUSED JUVENILES.
Section 287 of the Immigration and Nationality Act (8
U.S.C. 1357), as amended by section 726, is further amended
by adding at the end the following new clause:
``(i) An alien described in section 101(a)(27)(J) of the
Immigration and Nationality Act who has been battered,
abused, neglected, or abandoned, shall not be compelled to
contact the alleged abuser (or family member of the alleged
abuser) at any stage of applying for special immigrant
juvenile status, including after a request for the consent of
the Secretary of Homeland Security under section
101(a)(27)(J)(iii)(I) of such Act.''.
SEC. 827. PROTECTION OF DOMESTIC VIOLENCE AND CRIME VICTIMS
FROM CERTAIN DISCLOSURES OF INFORMATION.
In developing regulations or guidance with regard to
identification documents, including driver's licenses, the
Secretary of Homeland Security, in consultation with the
Administrator of Social Security, shall consider and address
the needs of victims, including victims of battery, extreme
cruelty, domestic violence, dating violence, sexual assault,
stalking or trafficking, who are entitled to enroll in State
address confidentiality programs, whose addresses are
entitled to be suppressed under State or Federal law or
suppressed by a court order, or who are protected from
disclosure of information pursuant to section 384 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1367).
SEC. 828. RULEMAKING.
Not later than 180 days after the date of enactment of this
Act, the Attorney General, the Secretary of Homeland
Security, and the Secretary of State shall promulgate
regulations to implement the provisions contained in the
Battered Immigrant Women Protection Act of 2000 (title V of
Public Law 106-386), this Act, and the amendments made by
this Act.
Subtitle D--International Marriage Broker Regulation
SEC. 831. SHORT TITLE.
This subtitle may be cited as the ``International Marriage
Broker Regulation Act of 2005''.
SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF
ENTRY.
(a) Information on Certain Convictions and Limitation on
Petitions for K Nonimmigrant Petitioners.--
(1) 214(d) amendment.--Section 214(d) of the Immigration
and Nationality Act (8 U.S.C. 1184(d)) is amended--
(A) by striking ``(d)'' and inserting ``(d)(1)'';
(B) by inserting after the second sentence ``Such
information shall include information on any criminal
convictions of the petitioner for any specified crime.'';
(C) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears; and
(D) by adding at the end the following:
``(2)(A) Subject to subparagraphs (B) and (C), a consular
officer may not approve a petition under paragraph (1) unless
the officer has verified that--
``(i) the petitioner has not, previous to the pending
petition, petitioned under paragraph (1) with respect to two
or more applying aliens; and
``(ii) if the petitioner has had such a petition previously
approved, 2 years have elapsed since the filing of such
previously approved petition.
``(B) The Secretary of Homeland Security may, in the
Secretary's discretion, waive the limitations in subparagraph
(A) if justification exists for such a waiver. Except in
extraordinary circumstances and subject to subparagraph (C),
such a waiver shall not be granted if the petitioner has a
record of violent criminal offenses against a person or
persons.
``(C)(i) The Secretary of Homeland Security is not limited
by the criminal court record and shall grant a waiver of the
condition described in the second sentence of subparagraph
(B) in the case of a petitioner described in clause (ii).
``(ii) A petitioner described in this clause is a
petitioner who has been battered or subjected to extreme
cruelty and who is or was not the primary perpetrator of
violence in the relationship upon a determination that--
``(I) the petitioner was acting in self-defense;
``(II) the petitioner was found to have violated a
protection order intended to protect the petitioner; or
``(III) the petitioner committed, was arrested for, was
convicted of, or pled guilty to committing a crime that did
not result in serious bodily injury and where there was a
connection between the crime and the petitioner's having been
battered or subjected to extreme cruelty.
``(iii) In acting on applications under this subparagraph,
the Secretary of Homeland Security shall consider any
credible evidence relevant to the application. The
determination of what evidence is credible and the weight to
be given that evidence shall be within the sole discretion of
the Secretary.
``(3) In this subsection:
``(A) The terms `domestic violence', `sexual assault',
`child abuse and neglect', `dating violence', `elder abuse',
and `stalking' have the meaning given such terms in section 3
of the Violence Against Women and Department of Justice
Reauthorization Act of 2005.
``(B) The term `specified crime' means the following:
``(i) Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
``(ii) Homicide, murder, manslaughter, rape, abusive sexual
contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false
imprisonment, or an attempt to commit any of the crimes
described in this clause.
[[Page H12104]]
``(iii) At least three convictions for crimes relating to a
controlled substance or alcohol not arising from a single
act.''.
(2) 214(r) amendment.--Section 214(r) of such Act (8 U.S.C.
1184(r)) is amended--
(A) in paragraph (1), by inserting after the second
sentence ``Such information shall include information on any
criminal convictions of the petitioner for any specified
crime.''; and
(B) by adding at the end the following:
``(4)(A) The Secretary of Homeland Security shall create a
database for the purpose of tracking multiple visa petitions
filed for fiance(e)s and spouses under clauses (i) and (ii)
of section 101(a)(15)(K). Upon approval of a second visa
petition under section 101(a)(15)(K) for a fiance(e) or
spouse filed by the same United States citizen petitioner,
the petitioner shall be notified by the Secretary that
information concerning the petitioner has been entered into
the multiple visa petition tracking database. All subsequent
fiance(e) or spouse nonimmigrant visa petitions filed by that
petitioner under such section shall be entered in the
database.
``(B)(i) Once a petitioner has had two fiance(e) or spousal
petitions approved under clause (i) or (ii) of section
101(a)(15)(K), if a subsequent petition is filed under such
section less than 10 years after the date the first visa
petition was filed under such section, the Secretary of
Homeland Security shall notify both the petitioner and
beneficiary of any such subsequent petition about the number
of previously approved fiance(e) or spousal petitions listed
in the database.
``(ii) A copy of the information and resources pamphlet on
domestic violence developed under section 833(a) of the
International Marriage Broker Regulation Act of 2005 shall be
mailed to the beneficiary along with the notification
required in clause (i).
``(5) In this subsection:
``(A) The terms `domestic violence', `sexual assault',
`child abuse and neglect', `dating violence', `elder abuse',
and `stalking' have the meaning given such terms in section 3
of the Violence Against Women and Department of Justice
Reauthorization Act of 2005.
``(B) The term `specified crime' means the following:
``(i) Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
``(ii) Homicide, murder, manslaughter, rape, abusive sexual
contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint, false
imprisonment, or an attempt to commit any of the crimes
described in this clause.
``(iii) At least three convictions for crimes relating to a
controlled substance or alcohol not arising from a single
act.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 60 days after the date
of the enactment of this Act.
(b) Limitation on Use of Certain Information.--The fact
that an alien described in clause (i) or (ii) of section
101(a)(15)(K) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(K)) is aware of any information disclosed
under the amendments made by this section or under section
833 shall not be used to deny the alien eligibility for
relief under any other provision of law.
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR
IMMIGRANTS AND REGULATION OF INTERNATIONAL
MARRIAGE BROKERS.
(a) Information for K Nonimmigrants on Legal Rights and
Resources for Immigrant Victims of Domestic Violence.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop an information pamphlet, as described in
paragraph (2), on legal rights and resources for immigrant
victims of domestic violence and distribute and make such
pamphlet available as described in paragraph (5). In
preparing such materials, the Secretary of Homeland Security
shall consult with nongovernmental organizations with
expertise on the legal rights of immigrant victims of
battery, extreme cruelty, sexual assault, and other crimes.
(2) Information pamphlet.--The information pamphlet
developed under paragraph (1) shall include information on
the following:
(A) The K nonimmigrant visa application process and the
marriage-based immigration process, including conditional
residence and adjustment of status.
(B) The illegality of domestic violence, sexual assault,
and child abuse in the United States and the dynamics of
domestic violence.
(C) Domestic violence and sexual assault services in the
United States, including the National Domestic Violence
Hotline and the National Sexual Assault Hotline.
(D) The legal rights of immigrant victims of abuse and
other crimes in immigration, criminal justice, family law,
and other matters, including access to protection orders.
(E) The obligations of parents to provide child support for
children.
(F) Marriage fraud under United States immigration laws and
the penalties for committing such fraud.
(G) A warning concerning the potential use of K
nonimmigrant visas by United States citizens who have a
history of committing domestic violence, sexual assault,
child abuse, or other crimes and an explanation that such
acts may not have resulted in a criminal record for such a
citizen.
(H) Notification of the requirement under subsection
(d)(3)(A) that international marriage brokers provide foreign
national clients with background information gathered on
United States clients from searches of Federal and State sex
offender public registries and collected from United States
clients regarding their marital history and domestic violence
or other violent criminal history, but that such information
may not be complete or accurate because the United States
client may not have a criminal record or may not have
truthfully reported their marital or criminal record.
(3) Summaries.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop summaries of the pamphlet developed
under paragraph (1) that shall be used by Federal officials
when reviewing the pamphlet in interviews under subsection
(b).
(4) Translation.--
(A) In general.--In order to best serve the language groups
having the greatest concentration of K nonimmigrant visa
applicants, the information pamphlet developed under
paragraph (1) shall, subject to subparagraph (B), be
translated by the Secretary of State into foreign languages,
including Russian, Spanish, Tagalog, Vietnamese, Chinese,
Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic,
Portuguese, Hindi, and such other languages as the Secretary
of State, in the Secretary's discretion, may specify.
(B) Revision.--Every 2 years, the Secretary of Homeland
Security, in consultation with the Attorney General and the
Secretary of State, shall determine at least 14 specific
languages into which the information pamphlet is translated
based on the languages spoken by the greatest concentrations
of K nonimmigrant visa applicants.
(5) Availability and distribution.--The information
pamphlet developed under paragraph (1) shall be made
available and distributed as follows:
(A) Mailings to k nonimmigrant visa applicants.--
(i) The pamphlet shall be mailed by the Secretary of State
to each applicant for a K nonimmigrant visa at the same time
that the instruction packet regarding the visa application
process is mailed to such applicant. The pamphlet so mailed
shall be in the primary language of the applicant or in
English if no translation into the applicant's primary
language is available.
(ii) The Secretary of Homeland Security shall provide to
the Secretary of State, for inclusion in the mailing under
clause (i), a copy of the petition submitted by the
petitioner for such applicant under subsection (d) or (r) of
section 214 of such Act (8 U.S.C. 1184).
(iii) The Secretary of Homeland Security shall provide to
the Secretary of State any criminal background information
the Secretary of Homeland Security possesses with respect to
a petitioner under subsection (d) or (r) of section 214 of
such Act (8 U.S.C. 1184). The Secretary of State, in turn,
shall share any such criminal background information that is
in government records or databases with the K nonimmigrant
visa applicant who is the beneficiary of the petition. The
visa applicant shall be informed that such criminal
background information is based on available records and may
not be complete. The Secretary of State also shall provide
for the disclosure of such criminal background information to
the visa applicant at the consular interview in the primary
language of the visa applicant. Nothing in this clause shall
be construed to authorize the Secretary of Homeland Security
to conduct any new or additional criminal background check
that is not otherwise conducted in the course of adjudicating
such petitions.
(B) Consular access.--The pamphlet developed under
paragraph (1) shall be made available to the public at all
consular posts. The summaries described in paragraph (3)
shall be made available to foreign service officers at all
consular posts.
(C) Posting on federal websites.--The pamphlet developed
under paragraph (1) shall be posted on the websites of the
Department of State and the Department of Homeland Security,
as well as on the websites of all consular posts processing
applications for K nonimmigrant visas.
(D) International marriage brokers and victim advocacy
organizations.--The pamphlet developed under paragraph (1)
shall be made available to any international marriage broker,
government agency, or nongovernmental advocacy organization.
(6) Deadline for pamphlet development and distribution.--
The pamphlet developed under paragraph (1) shall be
distributed and made available (including in the languages
specified under paragraph (4)) not later than 120 days after
the date of the enactment of this Act.
(b) Visa and Adjustment Interviews.--
(1) Fiance(e)s, spouses and their derivatives.--During an
interview with an applicant for a K nonimmigrant visa, a
consular officers shall--
(A) provide information, in the primary language of the
visa applicant, on protection orders or criminal convictions
collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under
subsection (a)(1) in English or another appropriate language
and provide an oral summary, in the primary language of the
visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the
applicant, whether an international marriage broker has
facilitated the relationship between the applicant and the
United States petitioner, and, if so, obtain the identity of
the international marriage broker from the applicant and
confirm that the international marriage broker provided to
the applicant the information and materials required under
subsection (d)(3)(A)(iii).
(2) Family-based applicants.--The pamphlet developed under
subsection (a)(1) shall be distributed directly to applicants
for family-based
[[Page H12105]]
immigration petitions at all consular and adjustment
interviews for such visas. The Department of State or
Department of Homeland Security officer conducting the
interview shall review the summary of the pamphlet with the
applicant orally in the applicant's primary language, in
addition to distributing the pamphlet to the applicant in
English or another appropriate language.
(c) Confidentiality.--In fulfilling the requirements of
this section, no official of the Department of State or the
Department of Homeland Security shall disclose to a
nonimmigrant visa applicant the name or contact information
of any person who was granted a protection order or
restraining order against the petitioner or who was a victim
of a crime of violence perpetrated by the petitioner, but
shall disclose the relationship of the person to the
petitioner.
(d) Regulation of International Marriage Brokers.--
(1) Prohibition on marketing children.--An international
marriage broker shall not provide any individual or entity
with the personal contact information, photograph, or general
information about the background or interests of any
individual under the age of 18.
(2) Requirements of international marriage brokers with
respect to mandatory collection of background information.--
(A) In general.--
(i) Search of sex offender public registries.--Each
international marriage broker shall search the National Sex
Offender Public Registry or State sex offender public
registry, as required under paragraph (3)(A)(i).
(ii) Collection of background information.--Each
international marriage broker shall also collect the
background information listed in subparagraph (B) about the
United States client to whom the personal contact information
of a foreign national client would be provided.
(B) Background information.--The international marriage
broker shall collect a certification signed (in written,
electronic, or other form) by the United States client
accompanied by documentation or an attestation of the
following background information about the United States
client:
(i) Any temporary or permanent civil protection order or
restraining order issued against the United States client.
(ii) Any Federal, State, or local arrest or conviction of
the United States client for homicide, murder, manslaughter,
assault, battery, domestic violence, rape, sexual assault,
abusive sexual contact, sexual exploitation, incest, child
abuse or neglect, torture, trafficking, peonage, holding
hostage, involuntary servitude, slave trade, kidnapping,
abduction, unlawful criminal restraint, false imprisonment,
or stalking.
(iii) Any Federal, State, or local arrest or conviction of
the United States client for--
(I) solely, principally, or incidentally engaging in
prostitution;
(II) a direct or indirect attempt to procure prostitutes or
persons for the purpose of prostitution; or
(III) receiving, in whole or in part, of the proceeds of
prostitution.
(iv) Any Federal, State, or local arrest or conviction of
the United States client for offenses related to controlled
substances or alcohol.
(v) Marital history of the United States client, including
whether the client is currently married, whether the client
has previously been married and how many times, how previous
marriages of the client were terminated and the date of
termination, and whether the client has previously sponsored
an alien to whom the client was engaged or married.
(vi) The ages of any of the United States client's children
who are under the age of 18.
(vii) All States and countries in which the United States
client has resided since the client was 18 years of age.
(3) Obligation of international marriage brokers with
respect to informed consent.--
(A) Limitation on sharing information about foreign
national clients.--An international marriage broker shall not
provide any United States client or representative with the
personal contact information of any foreign national client
unless and until the international marriage broker has--
(i) performed a search of the National Sex Offender Public
Registry, or of the relevant State sex offender public
registry for any State not yet participating in the National
Sex Offender Public Registry in which the United States
client has resided during the previous 20 years, for
information regarding the United States client;
(ii) collected background information about the United
States client required under paragraph (2);
(iii) provided to the foreign national client--
(I) in the foreign national client's primary language, a
copy of any records retrieved from the search required under
paragraph (2)(A)(i) or documentation confirming that such
search retrieved no records;
(II) in the foreign national client's primary language, a
copy of the background information collected by the
international marriage broker under paragraph (2)(B); and
(III) in the foreign national client's primary language (or
in English or other appropriate language if there is no
translation available into the client's primary language),
the pamphlet developed under subsection (a)(1); and
(iv) received from the foreign national client a signed,
written consent, in the foreign national client's primary
language, to release the foreign national client's personal
contact information to the specific United States client.
(B) Confidentiality.--In fulfilling the requirements of
this paragraph, an international marriage broker shall
disclose the relationship of the United States client to
individuals who were issued a protection order or restraining
order as described in clause (i) of paragraph (2)(B), or of
any other victims of crimes as described in clauses (ii)
through (iv) of such paragraph, but shall not disclose the
name or location information of such individuals.
(C) Penalty for misuse of information.--A person who
knowingly discloses, uses, or causes to be used any
information obtained by an international marriage broker as a
result of the obligations imposed on it under paragraph (2)
and this paragraph for any purpose other than the disclosures
required under this paragraph shall be fined in accordance
with title 18, United States Code, or imprisoned not more
than 1 year, or both. These penalties are in addition to any
other civil or criminal liability under Federal or State law
which a person may be subject to for the misuse of that
information, including to threaten, intimidate, or harass any
individual. Nothing in this section shall prevent the
disclosure of such information to law enforcement or pursuant
to a court order.
(4) Limitation on disclosure.--An international marriage
broker shall not provide the personal contact information of
any foreign national client to any person or entity other
than a United States client. Such information shall not be
disclosed to potential United States clients or individuals
who are being recruited to be United States clients or
representatives.
(5) Penalties.--
(A) Federal civil penalty.--
(i) Violation.--An international marriage broker that
violates (or attempts to violate) paragraph (1), (2), (3), or
(4) is subject to a civil penalty of not less than $5,000 and
not more than $25,000 for each such violation.
(ii) Procedures for imposition of penalty.--A penalty may
be imposed under clause (i) by the Attorney General only
after notice and an opportunity for an agency hearing on the
record in accordance with subchapter II of chapter 5 of title
5, United States Code (popularly known as the Administrative
Procedure Act).
(B) Federal criminal penalty.--In circumstances in or
affecting interstate or foreign commerce, an international
marriage broker that, within the special maritime and
territorial jurisdiction of the United States, violates (or
attempts to violate) paragraph (1), (2), (3), or (4) shall be
fined in accordance with title 18, United States Code, or
imprisoned for not more than 5 years, or both.
(C) Additional remedies.--The penalties and remedies under
this subsection are in addition to any other penalties or
remedies available under law.
(6) Nonpreemption.--Nothing in this subsection shall
preempt--
(A) any State law that provides additional protections for
aliens who are utilizing the services of an international
marriage broker; or
(B) any other or further right or remedy available under
law to any party utilizing the services of an international
marriage broker.
(7) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
this subsection shall take effect on the date that is 60 days
after the date of the enactment of this Act.
(B) Additional time allowed for information pamphlet.--The
requirement for the distribution of the pamphlet developed
under subsection (a)(1) shall not apply until 30 days after
the date of its development and initial distribution under
subsection (a)(6).
(e) Definitions.--In this section:
(1) Crime of violence.--The term ``crime of violence'' has
the meaning given such term in section 16 of title 18, United
States Code.
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given such term in section 3 of this Act.
(3) Foreign national client.--The term ``foreign national
client'' means a person who is not a United States citizen or
national or an alien lawfully admitted to the United States
for permanent residence and who utilizes the services of an
international marriage broker. Such term includes an alien
residing in the United States who is in the United States as
a result of utilizing the services of an international
marriage broker and any alien recruited by an international
marriage broker or representative of such broker.
(4) International marriage broker(A) In general.--The term
``international marriage broker'' means a corporation,
partnership, business, individual, or other legal entity,
whether or not organized under any law of the United States,
that charges fees for providing dating, matrimonial,
matchmaking services, or social referrals between United
States citizens or nationals or aliens lawfully admitted to
the United States as permanent residents and foreign national
clients by providing personal contact information or
otherwise facilitating communication between individuals.
(B) Exceptions.--Such term does not include--
(i) a traditional matchmaking organization of a cultural or
religious nature that operates on a nonprofit basis and
otherwise operates in compliance with the laws of the
countries in which it operates, including the laws of the
United States; or
(ii) an entity that provides dating services if its
principal business is not to provide international dating
services between United States citizens or United States
residents and foreign nationals and it charges comparable
rates and offers comparable services to all individuals it
serves regardless of the individual's gender or country of
citizenship.
(5) K nonimmigrant visa.--The term ``K nonimmigrant visa''
means a nonimmigrant visa under clause (i) or (ii) of section
101(a)(15)(K) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(K)).
(6) Personal contact information.--
(A) In general.--The term ``personal contact information''
means information, or a forum to obtain such information,
that would permit individuals to contact each other,
including--
[[Page H12106]]
(i) the name or residential, postal, electronic mail, or
instant message address of an individual;
(ii) the telephone, pager, cellphone, or fax number, or
voice message mailbox of an individual; or
(iii) the provision of an opportunity for an in-person
meeting.
(B) Exception.--Such term does not include a photograph or
general information about the background or interests of a
person.
(7) Representative.--The term ``representative'' means,
with respect to an international marriage broker, the person
or entity acting on behalf of such broker. Such a
representative may be a recruiter, agent, independent
contractor, or other international marriage broker or other
person conveying information about or to a United States
client or foreign national client, whether or not the person
or entity receives remuneration.
(8) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
(9) United states.--The term ``United States'', when used
in a geographic sense, includes all the States.
(10) United states client.--The term ``United States
client'' means a United States citizen or other individual
who resides in the United States and who utilizes the
services of an international marriage broker, if a payment is
made or a debt is incurred to utilize such services.
(f) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study--
(A) on the impact of this section and section 832 on the K
nonimmigrant visa process, including specifically--
(i) annual numerical changes in petitions for K
nonimmigrant visas;
(ii) the annual number (and percentage) of such petitions
that are denied under subsection (d)(2) or (r) of section 214
of the Immigration and Nationality Act (8 U.S.C. 1184), as
amended by this Act;
(iii) the annual number of waiver applications submitted
under such a subsection, the number (and percentage) of such
applications granted or denied, and the reasons for such
decisions;
(iv) the annual number (and percentage) of cases in which
the criminal background information collected and provided to
the applicant as required by subsection (a)(5)(A)(iii)
contains one or more convictions;
(v) the annual number and percentage of cases described in
clause (iv) that were granted or were denied waivers under
section 214(d)(2) of the Immigration and Nationality Act, as
amended by this Act;
(vi) the annual number of fiance(e) and spousal K
nonimmigrant visa petitions or family-based immigration
petitions filed by petitioners or applicants who have
previously filed other fiance(e) or spousal K nonimmigrant
visa petitions or family-based immigration petitions;
(vii) the annual number of fiance(e) and spousal K
nonimmigrant visa petitions or family-based immigration
petitions filed by petitioners or applicants who have
concurrently filed other fiance(e) or spousal K nonimmigrant
visa petitioners or family-based immigration petitions; and
(viii) the annual and cumulative number of petitioners and
applicants tracked in the multiple filings database
established under paragraph (4) of section 214(r) of the
Immigration and Nationality Act, as added by this Act;
(B) regarding the number of international marriage brokers
doing business in the United States, the number of marriages
resulting from the services provided, and the extent of
compliance with the applicable requirements of this section;
(C) that assesses the accuracy and completeness of
information gathered under section 832 and this section from
clients and petitioners by international marriage brokers,
the Department of State, or the Department of Homeland
Security;
(D) that examines, based on the information gathered, the
extent to which persons with a history of violence are using
either the K nonimmigrant visa process or the services of
international marriage brokers, or both, and the extent to
which such persons are providing accurate and complete
information to the Department of State or the Department of
Homeland Security and to international marriage brokers in
accordance with subsections (a) and (d)(2)(B); and
(E) that assesses the accuracy and completeness of the
criminal background check performed by the Secretary of
Homeland Security at identifying past instances of domestic
violence.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report setting forth the results of the study conducted under
paragraph (1).
(3) Data collection.--The Secretary of Homeland Security
and the Secretary of State shall collect and maintain the
data necessary for the Comptroller General of the United
States to conduct the study required by paragraph (1).
(g) Repeal of Mail-Order Bride Provision.--Section 652 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1375)
is hereby repealed.
SEC. 834. SHARING OF CERTAIN INFORMATION.
Section 222(f) of the Immigration and Nationality Act (8
U.S.C. 1202(f)) shall not be construed to prevent the sharing
of information regarding a United States petitioner for a
visa under clause (i) or (ii) of section 101(a)(15)(K) of
such Act (8 U.S.C. 1101(a)(15)(K)) for the limited purposes
of fulfilling disclosure obligations imposed by the
amendments made by section 832(a) or by section 833,
including reporting obligations of the Comptroller General of
the United States under section 833(f).
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. FINDINGS.
Congress finds that--
(1) 1 out of every 3 Indian (including Alaska Native) women
are raped in their lifetimes;
(2) Indian women experience 7 sexual assaults per 1,000,
compared with 4 per 1,000 among Black Americans, 3 per 1,000
among Caucasians, 2 per 1,000 among Hispanic women, and 1 per
1,000 among Asian women;
(3) Indian women experience the violent crime of battering
at a rate of 23.2 per 1,000, compared with 8 per 1,000 among
Caucasian women;
(4) during the period 1979 through 1992, homicide was the
third leading cause of death of Indian females aged 15 to 34,
and 75 percent were killed by family members or
acquaintances;
(5) Indian tribes require additional criminal justice and
victim services resources to respond to violent assaults
against women; and
(6) the unique legal relationship of the United States to
Indian tribes creates a Federal trust responsibility to
assist tribal governments in safeguarding the lives of Indian
women.
SEC. 902. PURPOSES.
The purposes of this title are--
(1) to decrease the incidence of violent crimes against
Indian women;
(2) to strengthen the capacity of Indian tribes to exercise
their sovereign authority to respond to violent crimes
committed against Indian women; and
(3) to ensure that perpetrators of violent crimes committed
against Indian women are held accountable for their criminal
behavior.
SEC. 903. CONSULTATION.
(a) In General.--The Attorney General shall conduct annual
consultations with Indian tribal governments concerning the
Federal administration of tribal funds and programs
established under this Act, the Violence Against Women Act of
1994 (title IV of Public Law 103-322; 108 Stat. 1902) and the
Violence Against Women Act of 2000 (division B of Public Law
106-386; 114 Stat. 1491).
(b) Recommendations.--During consultations under subsection
(a), the Secretary of the Department of Health and Human
Services and the Attorney General shall solicit
recommendations from Indian tribes concerning--
(1) administering tribal funds and programs;
(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, and stalking; and
(3) strengthening the Federal response to such violent
crimes.
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN
WOMEN.
(a) National Baseline Study.--
(1) In general.--The National Institute of Justice, in
consultation with the Office on Violence Against Women, shall
conduct a national baseline study to examine violence against
Indian women in Indian country.
(2) Scope.--
(A) In general.--The study shall examine violence committed
against Indian women, including--
(i) domestic violence;
(ii) dating violence;
(iii) sexual assault;
(iv) stalking; and
(v) murder.
(B) Evaluation.--The study shall evaluate the effectiveness
of Federal, State, tribal, and local responses to the
violations described in subparagraph (A) committed against
Indian women.
(C) Recommendations.--The study shall propose
recommendations to improve the effectiveness of Federal,
State, tribal, and local responses to the violation described
in subparagraph (A) committed against Indian women.
(3) Task force.--
(A) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, shall
establish a task force to assist in the development and
implementation of the study under paragraph (1) and guide
implementation of the recommendation in paragraph (2)(C).
(B) Members.--The Director shall appoint to the task force
representatives from--
(i) national tribal domestic violence and sexual assault
nonprofit organizations;
(ii) tribal governments; and
(iii) the national tribal organizations.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit to
the Committee on Indian Affairs of the Senate, the Committee
on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report that
describes the study.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2007 and 2008, to remain available until
expended.
(b) Injury Study.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Indian Health Service and the
Centers for Disease Control and Prevention, shall conduct a
study to obtain a national projection of--
(A) the incidence of injuries and homicides resulting from
domestic violence, dating violence, sexual assault, or
stalking committed against American Indian and Alaska Native
women; and
(B) the cost of providing health care for the injuries
described in subparagraph (A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Indian Affairs of
the Senate, the
[[Page H12107]]
Committee on the Judiciary of the Senate, and the Committee
on the Judiciary of the House of Representatives a report
that describes the findings made in the study and recommends
health care strategies for reducing the incidence and cost of
the injuries described in paragraph (1).
(3) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for
each of fiscal years 2007 and 2009, to remain available until
expended.
SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.
(a) Access to Federal Criminal Information Databases.--
Section 534 of title 28, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Indian Law Enforcement Agencies.--The Attorney
General shall permit Indian law enforcement agencies, in
cases of domestic violence, dating violence, sexual assault,
and stalking, to enter information into Federal criminal
information databases and to obtain information from the
databases.''.
(b) Tribal Registry.--
(1) Establishment.--The Attorney General shall contract
with any interested Indian tribe, tribal organization, or
tribal nonprofit organization to develop and maintain--
(A) a national tribal sex offender registry; and
(B) a tribal protection order registry containing civil and
criminal orders of protection issued by Indian tribes and
participating jurisdictions.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2007 through 2011, to remain available
until expended.
SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
(a) In General.--Part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended by adding at the end the following:
``SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
``(a) Grants.--The Attorney General may make grants to
Indian tribal governments and tribal organizations to--
``(1) develop and enhance effective governmental strategies
to curtail violent crimes against and increase the safety of
Indian women consistent with tribal law and custom;
``(2) increase tribal capacity to respond to domestic
violence, dating violence, sexual assault, and stalking
crimes against Indian women;
``(3) strengthen tribal justice interventions including
tribal law enforcement, prosecution, courts, probation,
correctional facilities;
``(4) enhance services to Indian women victimized by
domestic violence, dating violence, sexual assault, and
stalking;
``(5) work in cooperation with the community to develop
education and prevention strategies directed toward issues of
domestic violence, dating violence, and stalking programs and
to address the needs of children exposed to domestic
violence;
``(6) provide programs for supervised visitation and safe
visitation exchange of children in situations involving
domestic violence, sexual assault, or stalking committed by
one parent against the other with appropriate security
measures, policies, and procedures to protect the safety of
victims and their children; and
``(7) provide transitional housing for victims of domestic
violence, dating violence, sexual assault, or stalking,
including rental or utilities payments assistance and
assistance with related expenses such as security deposits
and other costs incidental to relocation to transitional
housing, and support services to enable a victim of domestic
violence, dating violence, sexual assault, or stalking to
locate and secure permanent housing and integrate into a
community.
``(b) Collaboration.--All applicants under this section
shall demonstrate their proposal was developed in
consultation with a nonprofit, nongovernmental Indian victim
services program, including sexual assault and domestic
violence victim services providers in the tribal or local
community, or a nonprofit tribal domestic violence and sexual
assault coalition to the extent that they exist. In the
absence of such a demonstration, the applicant may meet the
requirement of this subsection through consultation with
women in the community to be served.
``(c) Nonexclusivity.--The Federal share of a grant made
under this section may not exceed 90 percent of the total
costs of the project described in the application submitted,
except that the Attorney General may grant a waiver of this
match requirement on the basis of demonstrated financial
hardship. Funds appropriated for the activities of any agency
of an Indian tribal government or of the Bureau of Indian
Affairs performing law enforcement functions on any Indian
lands may be used to provide the non-Federal share of the
cost of programs or projects funded under this section.''.
(b) Authorization of Funds From Grants To Combat Violent
Crimes Against Women.--Section 2007(b)(1) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
1(b)(1)) is amended to read as follows:
``(1) Ten percent shall be available for grants under the
program authorized in section 2007. The requirements of this
part shall not apply to funds allocated for such program.''.
(c) Authorization of Funds From Grants To Encourage State
Policies and Enforcement of Protection Orders Program.--
Section 2101 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796hh) is amended by striking
subsection (e) and inserting the following:
``(e) Not less than 10 percent of the total amount
available under this section for each fiscal year shall be
available for grants under the program authorized in section
2007. The requirements of this part shall not apply to funds
allocated for such program.''.
(d) Authorization of Funds From Rural Domestic Violence and
Child Abuse Enforcement Assistance Grants.--Subsection
40295(c) of the Violence Against Women Act of 1994 (42 U.S.C.
13971(c)(3)) is amended by striking paragraph (3) and
inserting the following:
``(3) Not less than 10 percent of the total amount
available under this section for each fiscal year shall be
available for grants under the program authorized in section
2007 of the Omnibus Crime Control and Safe Streets Act of
1968. The requirements of this paragraph shall not apply to
funds allocated for such program.''.
(e) Authorization of Funds From the Safe Havens for
Children Program.--Section 1301 of the Violence Against Women
Act of 2000 (42 U.S.C. 10420) is amended by striking
subsection (f) and inserting the following:
``(f) Not less than 10 percent of the total amount
available under this section for each fiscal year shall be
available for grants under the program authorized in section
2007 of the Omnibus Crime Control and Safe Streets Act of
1968. The requirements of this subsection shall not apply to
funds allocated for such program.''.
(f) Authorization of Funds From the Transitional Housing
Assistance Grants for Child Victims of Domestic Violence,
Stalking, or Sexual Assault Program.--Section 40299(g) of the
Violence Against Women Act of 1994 (42 U.S.C. 13975(g)) is
amended by adding at the end the following:
``(4) Tribal program.--Not less than 10 percent of the
total amount available under this section for each fiscal
year shall be available for grants under the program
authorized in section 2007 of the Omnibus Crime Control and
Safe Streets Act of 1968. The requirements of this paragraph
shall not apply to funds allocated for such program.''.
(g) Authorization of Funds From the Legal Assistance for
Victims Improvements Program.--Section 1201(f) of the
Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is
amended by adding at the end the following:
``(4) Not less than 10 percent of the total amount
available under this section for each fiscal year shall be
available for grants under the program authorized in section
2007 of the Omnibus Crime Control and Safe Streets Act of
1968. The requirements of this paragraph shall not apply to
funds allocated for such program.''.
SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST
WOMEN.
Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.), as amended by
section 906, is amended by adding at the end the following:
``SEC. 2008. TRIBAL DEPUTY.
``(a) Establishment.--There is established in the Office on
Violence Against Women a Deputy Director for Tribal Affairs.
``(b) Duties.--
``(1) In general.--The Deputy Director shall under the
guidance and authority of the Director of the Office on
Violence Against Women--
``(A) oversee and manage the administration of grants to
and contracts with Indian tribes, tribal courts, tribal
organizations, or tribal nonprofit organizations;
``(B) ensure that, if a grant under this Act or a contract
pursuant to such a grant is made to an organization to
perform services that benefit more than 1 Indian tribe, the
approval of each Indian tribe to be benefitted shall be a
prerequisite to the making of the grant or letting of the
contract;
``(C) coordinate development of Federal policy, protocols,
and guidelines on matters relating to violence against Indian
women;
``(D) advise the Director of the Office on Violence Against
Women concerning policies, legislation, implementation of
laws, and other issues relating to violence against Indian
women;
``(E) represent the Office on Violence Against Women in the
annual consultations under section 903;
``(F) provide technical assistance, coordination, and
support to other offices and bureaus in the Department of
Justice to develop policy and to enforce Federal laws
relating to violence against Indian women, including through
litigation of civil and criminal actions relating to those
laws;
``(G) maintain a liaison with the judicial branches of
Federal, State, and tribal governments on matters relating to
violence against Indian women;
``(H) support enforcement of tribal protection orders and
implementation of full faith and credit educational projects
and comity agreements between Indian tribes and States; and
``(I) ensure that adequate tribal technical assistance is
made available to Indian tribes, tribal courts, tribal
organizations, and tribal nonprofit organizations for all
programs relating to violence against Indian women.
``(c) Authority.--
``(1) In general.--The Deputy Director shall ensure that a
portion of the tribal set-aside funds from any grant awarded
under this Act, the Violence Against Women Act of 1994 (title
IV of Public Law 103-322; 108 Stat. 1902), or the Violence
Against Women Act of 2000 (division B of Public Law 106-386;
114 Stat. 1491) is used to enhance the capacity of Indian
tribes to address the safety of Indian women.
``(2) Accountability.--The Deputy Director shall ensure
that some portion of the tribal set-aside funds from any
grant made under this part is used to hold offenders
accountable through--
``(A) enhancement of the response of Indian tribes to
crimes of domestic violence, dating violence, sexual assault,
and stalking against Indian women, including legal services
for victims and Indian-specific offender programs;
[[Page H12108]]
``(B) development and maintenance of tribal domestic
violence shelters or programs for battered Indian women,
including sexual assault services, that are based upon the
unique circumstances of the Indian women to be served;
``(C) development of tribal educational awareness programs
and materials;
``(D) support for customary tribal activities to strengthen
the intolerance of an Indian tribe to violence against Indian
women; and
``(E) development, implementation, and maintenance of
tribal electronic databases for tribal protection order
registries.''.
SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.
(a) Firearms Possession Prohibitions.--Section
921(33)(A)(i) of title 18, United States Code, is amended to
read: ``(i) is a misdemeanor under Federal, State, or Tribal
law; and''.
(b) Law Enforcement Authority.--Section 4(3) of the Indian
Law Enforcement Reform Act (25 U.S.C. 2803(3) is amended--
(1) in subparagraph (A), by striking ``or'';
(2) in subparagraph (B), by striking the semicolon and
inserting ``, or''; and
(3) by adding at the end the following:
``(C) the offense is a misdemeanor crime of domestic
violence, dating violence, stalking, or violation of a
protection order and has, as an element, the use or attempted
use of physical force, or the threatened use of a deadly
weapon, committed by a current or former spouse, parent, or
guardian of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating
with or has cohabited with the victim as a spouse, parent, or
guardian, or by a person similarly situated to a spouse,
parent or guardian of the victim, and the employee has
reasonable grounds to believe that the person to be arrested
has committed, or is committing the crime;''.
SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.
Chapter 7 of title 18, United States Code, is amended by
adding at the end the following:
``Sec. 117. Domestic assault by an habitual offender
``(a) In General.--Any person who commits a domestic
assault within the special maritime and territorial
jurisdiction of the United States or Indian country and who
has a final conviction on at least 2 separate prior occasions
in Federal, State, or Indian tribal court proceedings for
offenses that would be, if subject to Federal jurisdiction--
``(1) any assault, sexual abuse, or serious violent felony
against a spouse or intimate partner; or
``(2) an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not
more than 5 years, or both, except that if substantial bodily
injury results from violation under this section, the
offender shall be imprisoned for a term of not more than 10
years.
``(b) Domestic Assault Defined.--In this section, the term
`domestic assault' means an assault committed by a current or
former spouse, parent, child, or guardian of the victim, by a
person with whom the victim shares a child in common, by a
person who is cohabitating with or has cohabitated with the
victim as a spouse, parent, child, or guardian, or by a
person similarly situated to a spouse, parent, child, or
guardian of the victim.''.
TITLE X--DNA FINGERPRINTING
SEC. 1001. SHORT TITLE.
This title may be cited as the ``DNA Fingerprint Act of
2005''.
SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM
NATIONAL DNA INDEX.
Section 210304 of the DNA Identification Act of 1994 (42
U.S.C. 14132) is amended--
(1) in subsection (a)(1)(C), by striking ``DNA profiles''
and all that follows through ``, and'';
(2) in subsection (d)(1), by striking subparagraph (A), and
inserting the following:
``(A) The Director of the Federal Bureau of Investigation
shall promptly expunge from the index described in subsection
(a) the DNA analysis of a person included in the index--
``(i) on the basis of conviction for a qualifying Federal
offense or a qualifying District of Columbia offense (as
determined under sections 3 and 4 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a, 14135b),
respectively), if the Director receives, for each conviction
of the person of a qualifying offense, a certified copy of a
final court order establishing that such conviction has been
overturned; or
``(ii) on the basis of an arrest under the authority of the
United States, if the Attorney General receives, for each
charge against the person on the basis of which the analysis
was or could have been included in the index, a certified
copy of a final court order establishing that such charge has
been dismissed or has resulted in an acquittal or that no
charge was filed within the applicable time period.'';
(3) in subsection (d)(2)(A)(ii), by striking ``all charges
for'' and all that follows, and inserting the following:
``the responsible agency or official of that State receives,
for each charge against the person on the basis of which the
analysis was or could have been included in the index, a
certified copy of a final court order establishing that such
charge has been dismissed or has resulted in an acquittal or
that no charge was filed within the applicable time
period.''; and
(4) by striking subsection (e).
SEC. 1003. EXPANDED USE OF CODIS GRANTS.
Section 2(a)(1) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135(a)(1)) is amended by striking
``taken from individuals convicted of a qualifying State
offense (as determined under subsection (b)(3))'' and
inserting ``collected under applicable legal authority''.
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION
FROM PERSONS ARRESTED OR DETAINED UNDER FEDERAL
AUTHORITY.
(a) In General.--Section 3 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Director'' and
inserting the following:
``(A) The Attorney General may, as prescribed by the
Attorney General in regulation, collect DNA samples from
individuals who are arrested or from non-United States
persons who are detained under the authority of the United
States. The Attorney General may delegate this function
within the Department of Justice as provided in section 510
of title 28, United States Code, and may also authorize and
direct any other agency of the United States that arrests or
detains individuals or supervises individuals facing charges
to carry out any function and exercise any power of the
Attorney General under this section.
``(B) The Director''; and
(B) in paragraphs (3) and (4), by striking ``Director of
the Bureau of Prisons'' each place it appears and inserting
``Attorney General, the Director of the Bureau of Prisons,'';
and
(2) in subsection (b), by striking ``Director of the Bureau
of Prisons'' and inserting ``Attorney General, the Director
of the Bureau of Prisons,''.
(b) Conforming Amendments.--Subsections (b) and (c)(1)(A)
of section 3142 of title 18, United States Code, are each
amended by inserting ``and subject to the condition that the
person cooperate in the collection of a DNA sample from the
person if the collection of such a sample is authorized
pursuant to section 3 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135a)'' after ``period of release''.
SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE
OFFENSES.
Section 3297 of title 18, United States Code, is amended by
striking ``except for a felony offense under chapter 109A,''.
TITLE XI--DEPARTMENT OF JUSTICE REAUTHORIZATION
Subtitle A--AUTHORIZATION OF APPROPRIATIONS
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2006.
There are authorized to be appropriated for fiscal year
2006, to carry out the activities of the Department of
Justice (including any bureau, office, board, division,
commission, subdivision, unit, or other component thereof),
the following sums:
(1) General administration.--For General Administration:
$161,407,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $216,286,000 for administration of
clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $72,828,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a
confidential character.
(4) General legal activities.--For General Legal
Activities: $679,661,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not less than $15,000,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(D) $5,000,000 for the investigation and prosecution of
violations of chapter 77 of title 18 of the United States
Code.
(5) Antitrust division.--For the Antitrust Division:
$144,451,000.
(6) United states attorneys.--For United States Attorneys:
$1,626,146,000.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $5,761,237,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $800,255,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$5,065,761,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,716,173,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$923,613,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $181,137,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $661,940,000 for
expenses not otherwise provided for, for the investigation
and prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from
such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,270,000.
(15) Community relations service.--For the Community
Relations Service: $9,759,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $21,468,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $11,300,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,222,000,000.
[[Page H12109]]
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including
planning, development, and deployment: $181,490,000.
(20) Narrow band communications.--For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $128,701,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice
Programs, the Office on Violence Against Women, and Office of
Community Oriented Policing Services:
(A) $121,105,000 for the Office of Justice Programs.
(B) $14,172,000 for the Office on Violence Against Women.
(C) $31,343,000 for the Office of Community Oriented
Policing Services.
SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2007.
There are authorized to be appropriated for fiscal year
2007, to carry out the activities of the Department of
Justice (including any bureau, office, board, division,
commission, subdivision, unit, or other component thereof),
the following sums:
(1) General administration.--For General Administration:
$167,863,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $224,937,000 for administration of
clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $75,741,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a
confidential character.
(4) General legal activities.--For General Legal
Activities: $706,847,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not less than $15,600,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(D) $5,000,000 for the investigation and prosecution of
violations of chapter 77 of title 18 of the United States
Code.
(5) Antitrust division.--For the Antitrust Division:
$150,229,000.
(6) United states attorneys.--For United States Attorneys:
$1,691,192,000.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $5,991,686,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $832,265,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$5,268,391,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,784,820,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$960,558,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $188,382,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $688,418,000, for
expenses not otherwise provided for, for the investigation
and prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from
such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,321,000.
(15) Community relations service.--For the Community
Relations Service: $10,149,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $11,752,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,405,300,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including
planning, development, and deployment: $188,750,000.
(20) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $133,849,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice
Programs, the Office on Violence Against Women, and the
Office of Community Oriented Policing Services:
(A) $125,949,000 for the Office of Justice Programs.
(B) $15,600,000 for the Office on Violence Against Women.
(C) $32,597,000 for the Office of Community Oriented
Policing Services.
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2008.
There are authorized to be appropriated for fiscal year
2008, to carry out the activities of the Department of
Justice (including any bureau, office, board, division,
commission, subdivision, unit, or other component thereof),
the following sums:
(1) General administration.--For General Administration:
$174,578,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $233,934,000 for administration of
clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $78,771,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a
confidential character.
(4) General legal activities.--For General Legal
Activities: $735,121,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not less than $16,224,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(D) $5,000,000 for the investigation and prosecution of
violations of chapter 77 of title 18 of the United States
Code.
(5) Antitrust division.--For the Antitrust Division:
$156,238,000.
(6) United states attorneys.--For United States Attorneys:
$1,758,840,000.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $6,231,354,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $865,556,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$5,479,127,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,856,213,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$998,980,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $195,918,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $715,955,000, for
expenses not otherwise provided for, for the investigation
and prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from
such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,374,000.
(15) Community relations service.--For the Community
Relations Service: $10,555,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $12,222,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,616,095,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including
planning, development, and deployment: $196,300,000.
(20) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $139,203,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice
Programs, the Office on Violence Against Women, and the
Office of Community Oriented Policing Services:
(A) $130,987,000 for the Office of Justice Programs.
(B) $16,224,000 for the Office on Violence Against Women.
(C) $33,901,000 for the Office of Community Oriented
Policing Services.
SEC. 1104. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2009.
There are authorized to be appropriated for fiscal year
2009, to carry out the activities of the Department of
Justice (including any bureau, office, board, division,
commission, subdivision, unit, or other component thereof),
the following sums:
(1) General administration.--For General Administration:
$181,561,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $243,291,000 for administration of pardon
and clemency petitions and for immigration-related
activities.
(3) Office of inspector general.--For the Office of
Inspector General: $81,922,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a
confidential character.
(4) General legal activities.--For General Legal
Activities: $764,526,000, which shall include--
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not less than $16,872,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of
a confidential character; and
(D) $5,000,000 for the investigation and prosecution of
violations of chapter 77 of title 18 of the United States
Code.
(5) Antitrust division.--For the Antitrust Division:
$162,488,000.
(6) United states attorneys.--For United States Attorneys:
$1,829,194,000.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation:
[[Page H12110]]
$6,480,608,000, which shall include not to exceed $70,000 to
meet unforeseen emergencies of a confidential character.
(8) United states marshals service.--For the United States
Marshals Service: $900,178,000.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$5,698,292,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,930,462,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$1,038,939,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $203,755,000, which shall include not to exceed
$8,000,000 for construction of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $744,593,000, for
expenses not otherwise provided for, for the investigation
and prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from
such funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,429,000.
(15) Community relations service.--For the Community
Relations Service: $10,977,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $12,711,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $1,858,509,000.
(19) Justice information sharing technology.--For necessary
expenses for information sharing technology, including
planning, development, and deployment: $204,152,000.
(20) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $144,771,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice
Programs, the Office on Violence Against Women, and the
Office of Community Oriented Policing Services:
(A) $132,226,000 for the Office of Justice Programs.
(B) $16,837,000 for the Office on Violence Against Women.
(C) $35,257,000 for the Office of Community Oriented
Policing Services.
SEC. 1105. ORGANIZED RETAIL THEFT.
(a) National Data.--(1) The Attorney General and the
Federal Bureau of Investigation, in consultation with the
retail community, shall establish a task force to combat
organized retail theft and provide expertise to the retail
community for the establishment of a national database or
clearinghouse housed and maintained in the private sector to
track and identify where organized retail theft type crimes
are being committed in the United Sates. The national
database shall allow Federal, State, and local law
enforcement officials as well as authorized retail companies
(and authorized associated retail databases) to transmit
information into the database electronically and to review
information that has been submitted electronically.
(2) The Attorney General shall make available funds to
provide for the ongoing administrative and technological
costs to federal law enforcement agencies participating in
the database project.
(3) The Attorney General through the Bureau of Justice
Assistance in the Office of Justice may make grants to help
provide for the administrative and technological costs to
State and local law enforcement agencies participating in the
data base project.
(b) Authorization of Appropriations.--There is authorized
to be appropriated for each of fiscal years 2006 through
2009, $5,000,000 for educating and training federal law
enforcement regarding organized retail theft, for
investigating, apprehending and prosecuting individuals
engaged in organized retail theft, and for working with the
private sector to establish and utilize the database
described in subsection (a).
(c) Definition of Organized Retail Theft.--For purposes of
this section, ``organized retail theft'' means--
(1) the violation of a State prohibition on retail
merchandise theft or shoplifting, if the violation consists
of the theft of quantities of items that would not normally
be purchased for personal use or consumption and for the
purpose of reselling the items or for reentering the items
into commerce;
(2) the receipt, possession, concealment, bartering, sale,
transport, or disposal of any property that is know or should
be known to have been taken in violation of paragraph (1); or
(3) the coordination, organization, or recruitment of
persons to undertake the conduct described in paragraph (1)
or (2).
SEC. 1106. UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE.
(a) Task Force.--(1) The Attorney General shall establish
the United States-Mexico Border Violence Task Force in
Laredo, Texas, to combat drug and firearms trafficking,
violence, and kidnapping along the border between the United
States and Mexico and to provide expertise to the law
enforcement and homeland security agencies along the border
between the United States and Mexico. The Task Force shall
include personnel from the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Immigration and Customs
Enforcement, the Drug Enforcement Administration, Customs and
Border Protection, other Federal agencies (as appropriate),
the Texas Department of Public Safety, and local law
enforcement agencies.
(2) The Attorney General shall make available funds to
provide for the ongoing administrative and technological
costs to Federal, State, and local law enforcement agencies
participating in the Task Force.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for each of the fiscal years
2006 through 2009, for--
(1) the establishment and operation of the United States-
Mexico Border Violence Task Force; and
(2) the investigation, apprehension, and prosecution of
individuals engaged in drug and firearms trafficking,
violence, and kidnapping along the border between the United
States and Mexico.
SEC. 1107. NATIONAL GANG INTELLIGENCE CENTER.
(a) Establishment.--The Attorney General shall establish a
National Gang Intelligence Center and gang information
database to be housed at and administered by the Federal
Bureau of Investigation to collect, analyze, and disseminate
gang activity information from--
(1) the Federal Bureau of Investigation;
(2) the Bureau of Alcohol, Tobacco, Firearms, and
Explosives;
(3) the Drug Enforcement Administration;
(4) the Bureau of Prisons;
(5) the United States Marshals Service;
(6) the Directorate of Border and Transportation Security
of the Department of Homeland Security;
(7) the Department of Housing and Urban Development;
(8) State and local law enforcement;
(9) Federal, State, and local prosecutors;
(10) Federal, State, and local probation and parole
offices;
(11) Federal, State, and local prisons and jails; and
(12) any other entity as appropriate.
(b) Information.--The Center established under subsection
(a) shall make available the information referred to in
subsection (a) to--
(1) Federal, State, and local law enforcement agencies;
(2) Federal, State, and local corrections agencies and
penal institutions;
(3) Federal, State, and local prosecutorial agencies; and
(4) any other entity as appropriate.
(c) Annual Report.--The Center established under subsection
(a) shall annually submit to Congress a report on gang
activity.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 2006 and for each fiscal year thereafter.
Subtitle B--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
CHAPTER 1--ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES
SEC. 1111. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM.
(a) In General.--Part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended as follows:
(1) Subpart 1 of such part (42 U.S.C. 3751-3759) is
repealed.
(2) Such part is further amended--
(A) by inserting before section 500 (42 U.S.C. 3750) the
following new heading:
``Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program'';
(B) by amending section 500 to read as follows:
``SEC. 500. NAME OF PROGRAM.
``(a) In General.--The grant program established under this
subpart shall be known as the `Edward Byrne Memorial Justice
Assistance Grant Program'.
``(b) References to Former Programs.--(1) Any reference in
a law, regulation, document, paper, or other record of the
United States to the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs, or to the Local
Government Law Enforcement Block Grants program, shall be
deemed to be a reference to the grant program referred to in
subsection (a).
``(2) Any reference in a law, regulation, document, paper,
or other record of the United States to section 506 of this
Act as such section was in effect on the date of the
enactment of the Department of Justice Appropriations
Authorization Act, Fiscal Years 2006 through 2009, shall be
deemed to be a reference to section 505(a) of this Act as
amended by the Department of Justice Appropriations
Authorization Act, Fiscal Years 2006 through 2009.''; and
(C) by inserting after section 500 the following new
sections:
``SEC. 501. DESCRIPTION.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available to carry out
this subpart, the Attorney General may, in accordance with
the formula established under section 505, make grants to
States and units of local government, for use by the State or
unit of local government to provide additional personnel,
equipment, supplies, contractual support, training, technical
assistance, and information systems for criminal justice,
including for any one or more of the following programs:
``(A) Law enforcement programs.
``(B) Prosecution and court programs.
``(C) Prevention and education programs.
``(D) Corrections and community corrections programs.
[[Page H12111]]
``(E) Drug treatment and enforcement programs.
``(F) Planning, evaluation, and technology improvement
programs.
``(G) Crime victim and witness programs (other than
compensation).
``(2) Rule of construction.--Paragraph (1) shall be
construed to ensure that a grant under that paragraph may be
used for any purpose for which a grant was authorized to be
used under either or both of the programs specified in
section 500(b), as those programs were in effect immediately
before the enactment of this paragraph.
``(b) Contracts and Subawards.--A State or unit of local
government may, in using a grant under this subpart for
purposes authorized by subsection (a), use all or a portion
of that grant to contract with or make one or more subawards
to one or more--
``(1) neighborhood or community-based organizations that
are private and nonprofit;
``(2) units of local government; or
``(3) tribal governments.
``(c) Program Assessment Component; Waiver.--
``(1) Each program funded under this subpart shall contain
a program assessment component, developed pursuant to
guidelines established by the Attorney General, in
coordination with the National Institute of Justice.
``(2) The Attorney General may waive the requirement of
paragraph (1) with respect to a program if, in the opinion of
the Attorney General, the program is not of sufficient size
to justify a full program assessment.
``(d) Prohibited Uses.--Notwithstanding any other provision
of this Act, no funds provided under this subpart may be
used, directly or indirectly, to provide any of the following
matters:
``(1) Any security enhancements or any equipment to any
nongovernmental entity that is not engaged in criminal
justice or public safety.
``(2) Unless the Attorney General certifies that
extraordinary and exigent circumstances exist that make the
use of such funds to provide such matters essential to the
maintenance of public safety and good order--
``(A) vehicles (excluding police cruisers), vessels
(excluding police boats), or aircraft (excluding police
helicopters);
``(B) luxury items;
``(C) real estate;
``(D) construction projects (other than penal or
correctional institutions); or
``(E) any similar matters.
``(e) Administrative Costs.--Not more than 10 percent of a
grant made under this subpart may be used for costs incurred
to administer such grant.
``(f) Period.--The period of a grant made under this
subpart shall be four years, except that renewals and
extensions beyond that period may be granted at the
discretion of the Attorney General.
``(g) Rule of Construction.--Subparagraph (d)(1) shall not
be construed to prohibit the use, directly or indirectly, of
funds provided under this subpart to provide security at a
public event, such as a political convention or major sports
event, so long as such security is provided under applicable
laws and procedures.
``SEC. 502. APPLICATIONS.
``To request a grant under this subpart, the chief
executive officer of a State or unit of local government
shall submit an application to the Attorney General within 90
days after the date on which funds to carry out this subpart
are appropriated for a fiscal year, in such form as the
Attorney General may require. Such application shall include
the following:
``(1) A certification that Federal funds made available
under this subpart will not be used to supplant State or
local funds, but will be used to increase the amounts of such
funds that would, in the absence of Federal funds, be made
available for law enforcement activities.
``(2) An assurance that, not fewer than 30 days before the
application (or any amendment to the application) was
submitted to the Attorney General, the application (or
amendment) was submitted for review to the governing body of
the State or unit of local government (or to an organization
designated by that governing body).
``(3) An assurance that, before the application (or any
amendment to the application) was submitted to the Attorney
General--
``(A) the application (or amendment) was made public; and
``(B) an opportunity to comment on the application (or
amendment) was provided to citizens and to neighborhood or
community-based organizations, to the extent applicable law
or established procedure makes such an opportunity available.
``(4) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such
data, records, and information (programmatic and financial)
as the Attorney General may reasonably require.
``(5) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer
of the applicant (or by another officer of the applicant, if
qualified under regulations promulgated by the Attorney
General), that--
``(A) the programs to be funded by the grant meet all the
requirements of this subpart;
``(B) all the information contained in the application is
correct;
``(C) there has been appropriate coordination with affected
agencies; and
``(D) the applicant will comply with all provisions of this
subpart and all other applicable Federal laws.
``SEC. 503. REVIEW OF APPLICATIONS.
``The Attorney General shall not finally disapprove any
application (or any amendment to that application) submitted
under this subpart without first affording the applicant
reasonable notice of any deficiencies in the application and
opportunity for correction and reconsideration.
``SEC. 504. RULES.
``The Attorney General shall issue rules to carry out this
subpart. The first such rules shall be issued not later than
one year after the date on which amounts are first made
available to carry out this subpart.
``SEC. 505. FORMULA.
``(a) Allocation Among States.--
``(1) In general.--Of the total amount appropriated for
this subpart, the Attorney General shall, except as provided
in paragraph (2), allocate--
``(A) 50 percent of such remaining amount to each State in
amounts that bear the same ratio of--
``(i) the total population of a State to--
``(ii) the total population of the United States; and
``(B) 50 percent of such remaining amount to each State in
amounts that bear the same ratio of--
``(i) the average annual number of part 1 violent crimes of
the Uniform Crime Reports of the Federal Bureau of
Investigation reported by such State for the three most
recent years reported by such State to--
``(ii) the average annual number of such crimes reported by
all States for such years.
``(2) Minimum allocation.--If carrying out paragraph (1)
would result in any State receiving an allocation less than
0.25 percent of the total amount (in this paragraph referred
to as a `minimum allocation State'), then paragraph (1), as
so carried out, shall not apply, and the Attorney General
shall instead--
``(A) allocate 0.25 percent of the total amount to each
State; and
``(B) using the amount remaining after carrying out
subparagraph (A), carry out paragraph (1) in a manner that
excludes each minimum allocation State, including the
population of and the crimes reported by such State.
``(b) Allocation Between States and Units of Local
Government.--Of the amounts allocated under subsection (a)--
``(1) 60 percent shall be for direct grants to States, to
be allocated under subsection (c); and
``(2) 40 percent shall be for grants to be allocated under
subsection (d).
``(c) Allocation for State Governments.--
``(1) In general.--Of the amounts allocated under
subsection (b)(1), each State may retain for the purposes
described in section 501 an amount that bears the same ratio
of--
``(A) total expenditures on criminal justice by the State
government in the most recently completed fiscal year to--
``(B) the total expenditure on criminal justice by the
State government and units of local government within the
State in such year.
``(2) Remaining amounts.--Except as provided in subsection
(e)(1), any amounts remaining after the allocation required
by paragraph (1) shall be made available to units of local
government by the State for the purposes described in section
501.
``(d) Allocations to Local Governments.--
``(1) In general.--Of the amounts allocated under
subsection (b)(2), grants for the purposes described in
section 501 shall be made directly to units of local
government within each State in accordance with this
subsection, subject to subsection (e).
``(2) Allocation.--
``(A) In general.--From the amounts referred to in
paragraph (1) with respect to a State (in this subsection
referred to as the `local amount'), the Attorney General
shall allocate to each unit of local government an amount
which bears the same ratio to such share as the average
annual number of part 1 violent crimes reported by such unit
to the Federal Bureau of Investigation for the 3 most recent
calendar years for which such data is available bears to the
number of part 1 violent crimes reported by all units of
local government in the State in which the unit is located to
the Federal Bureau of Investigation for such years.
``(B) Transitional rule.--Notwithstanding subparagraph (A),
for fiscal years 2006, 2007, and 2008, the Attorney General
shall allocate the local amount to units of local government
in the same manner that, under the Local Government Law
Enforcement Block Grants program in effect immediately before
the date of the enactment of this section, the reserved
amount was allocated among reporting and nonreporting units
of local government.
``(3) Annexed units.--If a unit of local government in the
State has been annexed since the date of the collection of
the data used by the Attorney General in making allocations
pursuant to this section, the Attorney General shall pay the
amount that would have been allocated to such unit of local
government to the unit of local government that annexed it.
``(4) Resolution of disparate allocations.--(A)
Notwithstanding any other provision of this subpart, if--
``(i) the Attorney General certifies that a unit of local
government bears more than 50 percent of the costs of
prosecution or incarceration that arise with respect to part
1 violent crimes reported by a specified geographically
constituent unit of local government; and
``(ii) but for this paragraph, the amount of funds
allocated under this section to--
``(I) any one such specified geographically constituent
unit of local government exceeds 150 percent of the amount
allocated to the unit of local government certified pursuant
to clause (i); or
``(II) more than one such specified geographically
constituent unit of local government exceeds 400 percent of
the amount allocated to the unit of local government
certified pursuant to clause (i),
then in order to qualify for payment under this subsection,
the unit of local government certified pursuant to clause
(i), together with any
[[Page H12112]]
such specified geographically constituent units of local
government described in clause (ii), shall submit to the
Attorney General a joint application for the aggregate of
funds allocated to such units of local government. Such
application shall specify the amount of such funds that are
to be distributed to each of the units of local government
and the purposes for which such funds are to be used. The
units of local government involved may establish a joint
local advisory board for the purposes of carrying out this
paragraph.
``(B) In this paragraph, the term `geographically
constituent unit of local government' means a unit of local
government that has jurisdiction over areas located within
the boundaries of an area over which a unit of local
government certified pursuant to clause (i) has jurisdiction.
``(e) Limitation on Allocations to Units of Local
Government.--
``(1) Maximum allocation.--No unit of local government
shall receive a total allocation under this section that
exceeds such unit's total expenditures on criminal justice
services for the most recently completed fiscal year for
which data are available. Any amount in excess of such total
expenditures shall be allocated proportionally among units of
local government whose allocations under this section do not
exceed their total expenditures on such services.
``(2) Allocations under $10,000.--If the allocation under
this section to a unit of local government is less than
$10,000 for any fiscal year, the direct grant to the State
under subsection (c) shall be increased by the amount of such
allocation, to be distributed (for the purposes described in
section 501) among State police departments that provide
criminal justice services to units of local government and
units of local government whose allocation under this section
is less than $10,000.
``(3) Non-reporting units.--No allocation under this
section shall be made to a unit of local government that has
not reported at least three years of data on part 1 violent
crimes of the Uniform Crime Reports to the Federal Bureau of
Investigation within the immediately preceding 10 years.
``(f) Funds Not Used by the State.--If the Attorney General
determines, on the basis of information available during any
grant period, that any allocation (or portion thereof) under
this section to a State for such grant period will not be
required, or that a State will be unable to qualify or
receive funds under this subpart, or that a State chooses not
to participate in the program established under this subpart,
then such State's allocation (or portion thereof) shall be
awarded by the Attorney General to units of local government,
or combinations thereof, within such State, giving priority
to those jurisdictions with the highest annual number of part
1 violent crimes of the Uniform Crime Reports reported by the
unit of local government to the Federal Bureau of
Investigation for the three most recent calendar years for
which such data are available.
``(g) Special Rules for Puerto Rico.--
``(1) All funds set aside for commonwealth government.--
Notwithstanding any other provision of this subpart, the
amounts allocated under subsection (a) to Puerto Rico, 100
percent shall be for direct grants to the Commonwealth
government of Puerto Rico.
``(2) No local allocations.--Subsections (c) and (d) shall
not apply to Puerto Rico.
``(h) Units of Local Government in Louisiana.--In carrying
out this section with respect to the State of Louisiana, the
term `unit of local government' means a district attorney or
a parish sheriff.
``SEC. 506. RESERVED FUNDS.
``(a) Of the total amount made available to carry out this
subpart for a fiscal year, the Attorney General shall reserve
not more than--
``(1) $20,000,000, for use by the National Institute of
Justice in assisting units of local government to identify,
select, develop, modernize, and purchase new technologies for
use by law enforcement, of which $1,000,000 shall be for use
by the Bureau of Justice Statistics to collect data necessary
for carrying out this subpart; and
``(2) $20,000,000, to be granted by the Attorney General to
States and units of local government to develop and implement
antiterrorism training programs.
``(b) Of the total amount made available to carry out this
subpart for a fiscal year, the Attorney General may reserve
not more than 5 percent, to be granted to 1 or more States or
units of local government, for 1 or more of the purposes
specified in section 501, pursuant to his determination that
the same is necessary--
``(1) to combat, address, or otherwise respond to
precipitous or extraordinary increases in crime, or in a type
or types of crime; or
``(2) to prevent, compensate for, or mitigate significant
programmatic harm resulting from operation of the formula
established under section 505.
``SEC. 507. INTEREST-BEARING TRUST FUNDS.
``(a) Trust Fund Required.--A State or unit of local
government shall establish a trust fund in which to deposit
amounts received under this subpart.
``(b) Expenditures.--
``(1) In general.--Each amount received under this subpart
(including interest on such amount) shall be expended before
the date on which the grant period expires.
``(2) Repayment.--A State or unit of local government that
fails to expend an entire amount (including interest on such
amount) as required by paragraph (1) shall repay the
unexpended portion to the Attorney General not later than 3
months after the date on which the grant period expires.
``(3) Reduction of future amounts.--If a State or unit of
local government fails to comply with paragraphs (1) and (2),
the Attorney General shall reduce amounts to be provided to
that State or unit of local government accordingly.
``(c) Repaid Amounts.--Amounts received as repayments under
this section shall be subject to section 108 of this title as
if such amounts had not been granted and repaid. Such amounts
shall be deposited in the Treasury in a dedicated fund for
use by the Attorney General to carry out this subpart. Such
funds are hereby made available to carry out this subpart.
``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subpart $1,095,000,000 for fiscal year 2006 and such sums as
may be necessary for each of fiscal years 2007 through
2009.''.
(b) Repeals of Certain Authorities Relating to Byrne
Grants.--
(1) Discretionary grants to public and private entities.--
Chapter A of subpart 2 of Part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760-
3762) is repealed.
(2) Targeted grants to curb motor vehicle theft.--Subtitle
B of title I of the Anti Car Theft Act of 1992 (42 U.S.C.
3750a-3750d) is repealed.
(c) Conforming Amendments.--
(1) Crime identification technology act.--Subsection
(c)(2)(G) of section 102 of the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601) is amended by
striking ``such as'' and all that follows through ``the
M.O.R.E. program'' and inserting ``such as the Edward Byrne
Justice Assistance Grant Program and the M.O.R.E. program''.
(2) Safe streets act.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(A) in section 517 (42 U.S.C. 3763), in subsection (a)(1),
by striking ``pursuant to section 511 or 515'' and inserting
``pursuant to section 515'';
(B) in section 520 (42 U.S.C. 3766)--
(i) in subsection (a)(1), by striking ``the program
evaluations as required by section 501(c) of this part'' and
inserting ``program evaluations'';
(ii) in subsection (a)(2), by striking ``evaluations of
programs funded under section 506 (formula grants) and
sections 511 and 515 (discretionary grants) of this part''
and inserting ``evaluations of programs funded under section
505 (formula grants) and section 515 (discretionary grants)
of this part''; and
(iii) in subsection (b)(2), by striking ``programs funded
under section 506 (formula grants) and section 511
(discretionary grants)'' and inserting ``programs funded
under section 505 (formula grants)'';
(C) in section 522 (42 U.S.C. 3766b)--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``section 506'' and inserting ``section
505''; and
(ii) in subsection (a)(1), by striking ``an assessment of
the impact of such activities on meeting the needs identified
in the State strategy submitted under section 503'' and
inserting ``an assessment of the impact of such activities on
meeting the purposes of subpart 1'';
(D) in section 801(b) (42 U.S.C. 3782(b)), in the matter
following paragraph (5)--
(i) by striking ``the purposes of section 501 of this
title'' and inserting ``the purposes of such subpart 1''; and
(ii) by striking ``the application submitted pursuant to
section 503 of this title.'' and inserting ``the application
submitted pursuant to section 502 of this title. Such report
shall include details identifying each applicant that used
any funds to purchase any cruiser, boat, or helicopter and,
with respect to such applicant, specifying both the amount of
funds used by such applicant for each purchase of any
cruiser, boat, or helicopter and a justification of each such
purchase (and the Bureau of Justice Assistance shall submit
to the Committee of the Judiciary of the House of
Representatives and the Committee of the Judiciary of the
Senate, promptly after preparation of such report a written
copy of the portion of such report containing the information
required by this sentence).'';
(E) in section 808 (42 U.S.C. 3789), by striking ``the
State office described in section 507 or 1408'' and inserting
``the State office responsible for the trust fund required by
section 507, or the State office described in section
1408,'';
(F) in section 901 (42 U.S.C. 3791), in subsection (a)(2),
by striking ``for the purposes of section 506(a)'' and
inserting ``for the purposes of section 505(a)'';
(G) in section 1502 (42 U.S.C. 3796bb-1)--
(i) in paragraph (1), by striking ``section 506(a)'' and
inserting ``section 505(a)'';
(ii) in paragraph (2)--
(I) by striking ``section 503(a)'' and inserting ``section
502''; and
(II) by striking ``section 506'' and inserting ``section
505'';
(H) in section 1602 (42 U.S.C. 3796cc-1), in subsection
(b), by striking ``The office designated under section 507 of
title I'' and inserting ``The office responsible for the
trust fund required by section 507'';
(I) in section 1702 (42 U.S.C. 3796dd-1), in subsection
(c)(1), by striking ``and reflects consideration of the
statewide strategy under section 503(a)(1)''; and
(J) in section 1902 (42 U.S.C. 3796ff-1), in subsection
(e), by striking ``The Office designated under section 507''
and inserting ``The office responsible for the trust fund
required by section 507''.
(d) Applicability.--The amendments made by this section
shall apply with respect to the first fiscal year beginning
after the date of the enactment of this Act and each fiscal
year thereafter.
SEC. 1112. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE
SELECTED IN A GIVEN YEAR TO RECEIVE PUBLIC
SAFETY OFFICER MEDAL OF VALOR.
Section 3(c) of the Public Safety Officer Medal of Valor
Act of 2001 (42 U.S.C. 15202(c)) is
[[Page H12113]]
amended by striking ``more than 5 recipients'' and inserting
``more than 5 individuals, or groups of individuals, as
recipients''.
SEC. 1113. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY
ATTORNEY GENERAL IN CONSIDERING APPLICATION FOR
EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609M(b) of the Justice Assistance Act of 1984 (42
U.S.C. 10501(b)) is amended by striking ``the Director of the
Office of Justice Assistance'' and inserting ``the Assistant
Attorney General for the Office of Justice Programs''.
SEC. 1114. CLARIFICATION OF USES FOR REGIONAL INFORMATION
SHARING SYSTEM GRANTS.
Section 1301(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796h(b)), as most recently
amended by section 701 of the USA PATRIOT Act (Public Law
107-56; 115 Stat. 374), is amended--
(1) in paragraph (1), by inserting ``regional'' before
``information sharing systems'';
(2) by amending paragraph (3) to read as follows:
``(3) establishing and maintaining a secure
telecommunications system for regional information sharing
between Federal, State, tribal, and local law enforcement
agencies;''; and
(3) by striking ``(5)'' at the end of paragraph (4).
SEC. 1115. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL
RECORD DATABASES.
(a) Duties of Director.--Section 302 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is
amended--
(1) in subsection (b), by inserting after the third
sentence the following new sentence: ``The Director shall be
responsible for the integrity of data and statistics and
shall protect against improper or illegal use or
disclosure.'';
(2) by amending paragraph (19) of subsection (c) to read as
follows:
``(19) provide for improvements in the accuracy, quality,
timeliness, immediate accessibility, and integration of State
criminal history and related records, support the development
and enhancement of national systems of criminal history and
related records including the National Instant Criminal
Background Check System, the National Incident-Based
Reporting System, and the records of the National Crime
Information Center, facilitate State participation in
national records and information systems, and support
statistical research for critical analysis of the improvement
and utilization of criminal history records;''; and
(3) in subsection (d)--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) confer and cooperate with Federal statistical
agencies as needed to carry out the purposes of this part,
including by entering into cooperative data sharing
agreements in conformity with all laws and regulations
applicable to the disclosure and use of data.''.
(b) Use of Data.--Section 304 of such Act (42 U.S.C. 3735)
is amended by striking ``particular individual'' and
inserting ``private person or public agency''.
(c) Confidentiality of Information.--Section 812(a) of such
Act (42 U.S.C. 3789g(a)) is amended by striking ``Except as
provided by Federal law other than this title, no'' and
inserting ``No''.
SEC. 1116. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW
ENFORCEMENT ARMOR VESTS.
Section 1001(a)(23) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is
amended by striking ``2007'' and inserting ``2009''.
CHAPTER 2--BUILDING COMMUNITY CAPACITY TO PREVENT, REDUCE, AND CONTROL
CRIME
SEC. 1121. OFFICE OF WEED AND SEED STRATEGIES.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by inserting
after section 102 (42 U.S.C. 3712) the following new
sections:
``SEC. 103. OFFICE OF WEED AND SEED STRATEGIES.
``(a) Establishment.--There is established within the
Office an Office of Weed and Seed Strategies, headed by a
Director appointed by the Attorney General.
``(b) Assistance.--The Director may assist States, units of
local government, and neighborhood and community-based
organizations in developing Weed and Seed strategies, as
provided in section 104.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $60,000,000 for
fiscal year 2006, and such sums as may be necessary for each
of fiscal years 2007, 2008, and 2009, to remain available
until expended.
``SEC. 104. WEED AND SEED STRATEGIES.
``(a) In General.--From amounts made available under
section 103(c), the Director of the Office of Weed and Seed
Strategies may implement strategies, to be known as Weed and
Seed strategies, to prevent, control, and reduce violent
crime, criminal drug-related activity, and gang activity in
designated Weed-and-Seed communities. Each such strategy
shall involve both of the following activities:
``(1) Weeding.--Activities, to be known as Weeding
activities, which shall include promoting and coordinating a
broad spectrum of community efforts (especially those of law
enforcement agencies and prosecutors) to arrest, and to
sanction or incarcerate, persons in that community who
participate or engage in violent crime, criminal drug-related
activity, and other crimes that threaten the quality of life
in that community.
``(2) Seeding.--Activities, to be known as Seeding
activities, which shall include promoting and coordinating a
broad spectrum of community efforts (such as drug abuse
education, mentoring, and employment counseling) to provide--
``(A) human services, relating to prevention, intervention,
or treatment, for at-risk individuals and families; and
``(B) community revitalization efforts, including
enforcement of building codes and development of the economy.
``(b) Guidelines.--The Director shall issue guidelines for
the development and implementation of Weed and Seed
strategies under this section. The guidelines shall ensure
that the Weed and Seed strategy for a community referred to
in subsection (a) shall--
``(1) be planned and implemented through and under the
auspices of a steering committee, properly established in the
community, comprised of--
``(A) in a voting capacity, representatives of--
``(i) appropriate law enforcement agencies; and
``(ii) other public and private agencies, and neighborhood
and community-based organizations, interested in criminal
justice and community-based development and revitalization in
the community; and
``(B) in a voting capacity, both--
``(i) the Drug Enforcement Administration's special agent
in charge for the jurisdiction encompassing the community;
and
``(ii) the United States Attorney for the District
encompassing the community;
``(2) describe how law enforcement agencies, other public
and private agencies, neighborhood and community-based
organizations, and interested citizens are to cooperate in
implementing the strategy; and
``(3) incorporate a community-policing component that shall
serve as a bridge between the Weeding activities under
subsection (a)(1) and the Seeding activities under subsection
(a)(2).
``(c) Designation.--For a community to be designated as a
Weed-and-Seed community for purposes of subsection (a)--
``(1) the United States Attorney for the District
encompassing the community must certify to the Director
that--
``(A) the community suffers from consistently high levels
of crime or otherwise is appropriate for such designation;
``(B) the Weed and Seed strategy proposed, adopted, or
implemented by the steering committee has a high probability
of improving the criminal justice system within the community
and contains all the elements required by the Director; and
``(C) the steering committee is capable of implementing the
strategy appropriately; and
``(2) the community must agree to formulate a timely and
effective plan to independently sustain the strategy (or, at
a minimum, a majority of the best practices of the strategy)
when assistance under this section is no longer available.
``(d) Application.--An application for designation as a
Weed-and-Seed community for purposes of subsection (a) shall
be submitted to the Director by the steering committee of the
community in such form, and containing such information and
assurances, as the Director may require. The application
shall propose--
``(1) a sustainable Weed and Seed strategy that includes--
``(A) the active involvement of the United States Attorney
for the District encompassing the community, the Drug
Enforcement Administration's special agent in charge for the
jurisdiction encompassing the community, and other Federal
law enforcement agencies operating in the vicinity;
``(B) a significant community-oriented policing component;
and
``(C) demonstrated coordination with complementary
neighborhood and community-based programs and initiatives;
and
``(2) a methodology with outcome measures and specific
objective indicia of performance to be used to evaluate the
effectiveness of the strategy.
``(e) Grants.--
``(1) In general.--In implementing a strategy for a
community under subsection (a), the Director may make grants
to that community.
``(2) Uses.--For each grant under this subsection, the
community receiving that grant may not use any of the grant
amounts for construction, except that the Assistant Attorney
General may authorize use of grant amounts for incidental or
minor construction, renovation, or remodeling.
``(3) Limitations.--A community may not receive grants
under this subsection (or fall within such a community)--
``(A) for a period of more than 10 fiscal years;
``(B) for more than 5 separate fiscal years, except that
the Assistant Attorney General may, in single increments and
only upon a showing of extraordinary circumstances, authorize
grants for not more than 3 additional separate fiscal years;
or
``(C) in an aggregate amount of more than $1,000,000,
except that the Assistant Attorney General may, upon a
showing of extraordinary circumstances, authorize grants for
not more than an additional $500,000.
``(4) Distribution.--In making grants under this
subsection, the Director shall ensure that--
``(A) to the extent practicable, the distribution of such
grants is geographically equitable and includes both urban
and rural areas of varying population and area; and
``(B) priority is given to communities that clearly and
effectively coordinate crime prevention programs with other
Federal programs in a manner that addresses the overall needs
of such communities.
[[Page H12114]]
``(5) Federal share.--(A) Subject to subparagraph (B), the
Federal share of a grant under this subsection may not exceed
75 percent of the total costs of the projects described in
the application for which the grant was made.
``(B) The requirement of subparagraph (A)--
``(i) may be satisfied in cash or in kind; and
``(ii) may be waived by the Assistant Attorney General upon
a determination that the financial circumstances affecting
the applicant warrant a finding that such a waiver is
equitable.
``(6) Supplement, not supplant.--To receive a grant under
this subsection, the applicant must provide assurances that
the amounts received under the grant shall be used to
supplement, not supplant, non-Federal funds that would
otherwise be available for programs or services provided in
the community.
``SEC. 105. INCLUSION OF INDIAN TRIBES.
``For purposes of sections 103 and 104, the term `State'
includes an Indian tribal government.''.
(b) Abolishment of Executive Office of Weed and Seed;
Transfers of Functions.--
(1) Abolishment.--The Executive Office of Weed and Seed is
abolished.
(2) Transfer.--There are hereby transferred to the Office
of Weed and Seed Strategies all functions and activities
performed immediately before the date of the enactment of
this Act by the Executive Office of Weed and Seed Strategies.
(c) Effective Date.--This section and the amendments made
by this section take effect 90 days after the date of the
enactment of this Act.
CHAPTER 3--ASSISTING VICTIMS OF CRIME
SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE
OUTREACH SERVICES TO VICTIMS OF CRIME.
Section 1404(c) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)), as most recently amended by section 623 of
the USA PATRIOT Act (Public Law 107-56; 115 Stat. 372), is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
the comma after ``Director'';
(B) in subparagraph (A), by striking ``and'' at the end;
(C) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(C) for nonprofit neighborhood and community-based victim
service organizations and coalitions to improve outreach and
services to victims of crime.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``paragraph (1)(A)'' and inserting
``paragraphs (1)(A) and (1)(C)''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) not more than $10,000 shall be used for any single
grant under paragraph (1)(C).''.
SEC. 1132. CLARIFICATION AND ENHANCEMENT OF CERTAIN
AUTHORITIES RELATING TO CRIME VICTIMS FUND.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601) is amended as follows:
(1) Authority to accept gifts.--Subsection (b)(5) of such
section is amended by striking the period at the end and
inserting the following: ``, which the Director is hereby
authorized to accept for deposit into the Fund, except that
the Director is not hereby authorized to accept any such
gift, bequest, or donation that--
``(A) attaches conditions inconsistent with applicable laws
or regulations; or
``(B) is conditioned upon or would require the expenditure
of appropriated funds that are not available to the Office
for Victims of Crime.''.
(2) Authority to replenish antiterrorism emergency
reserve.--Subsection (d)(5)(A) of such section is amended by
striking ``expended'' and inserting ``obligated''.
(3) Authority to make grants to indian tribes for victim
assistance programs.--Subsection (g) of such section is
amended--
(A) in paragraph (1), by striking ``, acting through the
Director,'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) The Attorney General may use 5 percent of the funds
available under subsection (d)(2) (prior to distribution) for
grants to Indian tribes to establish child victim assistance
programs, as appropriate.''.
SEC. 1133. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE
USED BY STATE FOR TRAINING PURPOSES.
(a) Crime Victim Compensation.--Section 1403(a)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is
amended by inserting after ``may be used for'' the following:
``training purposes and''.
(b) Crime Victim Assistance.--Section 1404(b)(3) of such
Act (42 U.S.C. 10603(b)(3)) is amended by inserting after
``may be used for'' the following: ``training purposes and''.
SEC. 1134. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE
AGAINST WOMEN FORMULA AND DISCRETIONARY GRANT
PROGRAMS.
(a) Clarification of State Grants.--Section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-1) is amended--
(1) in subsection (c)(3)(A), by striking ``police'' and
inserting ``law enforcement''; and
(2) in subsection (d)--
(A) in the second sentence, by inserting after ``each
application'' the following: ``submitted by a State''; and
(B) in the third sentence, by striking ``An application''
and inserting ``In addition, each application submitted by a
State or tribal government''.
(b) Change From Annual to Biennial Reporting.--Section
2009(b) of such Act (42 U.S.C. 3796gg-3) is amended by
striking ``Not later than'' and all that follows through
``the Attorney General shall submit'' and inserting the
following: ``Not later than one month after the end of each
even-numbered fiscal year, the Attorney General shall
submit''.
SEC. 1135. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.
(a) Stalking and Domestic Violence.--Section 40610 of the
Violence Against Women Act of 1994 (title IV of the Violent
Crime Control and Law Enforcement Act of 1994; 42 U.S.C.
14039) is amended by striking ``The Attorney General shall
submit to the Congress an annual report, beginning one year
after the date of the enactment of this Act, that provides''
and inserting ``Each even-numbered fiscal year, the Attorney
General shall submit to the Congress a biennial report that
provides''.
(b) Safe Havens for Children.--Subsection 1301(d)(l) of the
Victims of Trafficking and Violence Protection Act of 2000
(42 U.S.C. 10420(d)(l)) is amended in the matter preceding
subparagraph (A) by striking ``Not later than 1 year after
the last day of the first fiscal year commencing on or after
the date of enactment of this Act, and not later than 180
days after the last day of each fiscal year thereafter,'' and
inserting ``Not later than 1 month after the end of each
even-numbered fiscal year,''.
(c) Stop Violence Against Women Formula Grants.--Subsection
2009(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-3), is amended by striking ``Not later
than'' and all that follows through ``the Attorney General
shall submit'' and inserting the following: ``Not later than
1 month after the end of each even-numbered fiscal year, the
Attorney General shall submit''.
(d) Grants to Combat Violent Crimes Against Women on
Campus.--Subsection 826(d)(3) of the Higher Education
Amendments Act of 1998 (20 U.S.C. 1152 (d)(3)) is amended by
striking from ``Not'' through and including ``under this
section'' and inserting ``Not later than 1 month after the
end of each even-numbered fiscal year''.
(e) Transitional Housing Assistance Grants for Child
Victims of Domestic Violence, Stalking, or Sexual Assault.--
Subsection 40299(f) of the Violence Against Women Act of 1994
(42 U.S.C. 13975(f)) is amended by striking ``shall annually
prepare and submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary
of the Senate a report that contains a compilation of the
information contained in the report submitted under
subsection (e) of this section.'' and inserting ``shall
prepare and submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary
of the Senate a report that contains a compilation of the
information contained in the report submitted under
subsection (e) of this section not later than one month after
the end of each even-numbered fiscal year.''.
SEC. 1136. GRANTS FOR YOUNG WITNESS ASSISTANCE.
(a) In General.--The Attorney General, acting through the
Bureau of Justice Assistance, may make grants to State and
local prosecutors and law enforcement agencies in support of
juvenile and young adult witness assistance programs.
(b) Use of Funds.--Grants made available under this section
may be used--
(1) to assess the needs of juvenile and young adult
witnesses;
(2) to develop appropriate program goals and objectives;
and
(3) to develop and administer a variety of witness
assistance services, which includes--
(A) counseling services to young witnesses dealing with
trauma associated in witnessing a violent crime;
(B) pre- and post-trial assistance for the youth and their
family;
(C) providing education services if the child is removed
from or changes their school for safety concerns;
(D) protective services for young witnesses and their
families when a serious threat of harm from the perpetrators
or their associates is made; and
(E) community outreach and school-based initiatives that
stimulate and maintain public awareness and support.
(c) Definitions.--In this section:
(1) The term ``juvenile'' means an individual who is age 17
or younger.
(2) The term ``young adult'' means an individual who is age
21 or younger but not a juvenile.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $3,000,000 for
each of fiscal years 2006 through 2009.
CHAPTER 4--PREVENTING CRIME
SEC. 1141. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER
FOR PURPOSES OF JUVENILE DRUG COURTS.
Section 2953(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797u-2(b)) is amended in the
matter preceding paragraph (1) by striking ``an offense
that'' and inserting ``a felony-level offense that''.
SEC. 1142. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS
FOR DRUG COURTS.
(a) Minimum Allocation Repealed.--Section 2957 of such Act
(42 U.S.C. 3797u-6) is amended by striking subsection (b) and
inserting the following:
``(b) Technical Assistance and Training.--Unless one or
more applications submitted by
[[Page H12115]]
any State or unit of local government within such State
(other than an Indian tribe) for a grant under this part has
been funded in any fiscal year, such State, together with
eligible applicants within such State, shall be provided
targeted technical assistance and training by the Community
Capacity Development Office to assist such State and such
eligible applicants to successfully compete for future
funding under this part, and to strengthen existing State
drug court systems. In providing such technical assistance
and training, the Community Capacity Development Office shall
consider and respond to the unique needs of rural States,
rural areas and rural communities.''
(b) Authorization of Appropriations.--Section 1001(25)(A)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(25)(A)) is amended by adding at the
end the following:
``(v) $70,000,000 for each of fiscal years 2007 and
2008.''.
SEC. 1143. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS
PROGRAM EXTENDED TO COURTS THAT SUPERVISE NON-
OFFENDERS WITH SUBSTANCE ABUSE PROBLEMS.
Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is
amended by striking ``offenders with substance abuse
problems'' and inserting ``offenders, and other individuals
under the jurisdiction of the court, with substance abuse
problems''.
SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT
PROGRAM FOR LOCAL FACILITIES.
Section 1904 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ff-3) is amended by adding at the
end the following new subsection:
``(d) Definition.--In this section, the term `residential
substance abuse treatment program' means a course of
individual and group activities, lasting between 6 and 12
months, in residential treatment facilities set apart from
the general prison population--
``(1) directed at the substance abuse problems of the
prisoners; and
``(2) intended to develop the prisoner's cognitive,
behavioral, social, vocational and other skills so as to
solve the prisoner's substance abuse and other problems; and
``(3) which may include the use of pharmacotherapies, where
appropriate, that may extend beyond the treatment period.''.
SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT
PROGRAM FOR STATE PRISONERS.
(a) Enhanced Drug Screenings Requirement.--Subsection (b)
of section 1902 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ff--1(b)) is amended to read as
follows:
``(b) Substance Abuse Testing Requirement.--To be eligible
to receive funds under this part, a State must agree to
implement or continue to require urinalysis or other proven
reliable forms of testing, including both periodic and random
testing--
``(1) of an individual before the individual enters a
residential substance abuse treatment program and during the
period in which the individual participates in the treatment
program; and
``(2) of an individual released from a residential
substance abuse treatment program if the individual remains
in the custody of the State.''.
(b) Aftercare Services Requirement.--Subsection (c) of such
section is amended--
(1) in the matter preceding paragraph (1), by striking
``ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT'' and
inserting ``AFTERCARE SERVICES REQUIREMENT''; and
(2) by amending paragraph (1) to read as follows:
``(1) To be eligible for funding under this part, a State
shall ensure that individuals who participate in the
substance abuse treatment program established or implemented
with assistance provided under this part will be provided
with after care services.''; and
(3) by adding at the end the following new paragraph:
``(4) After care services required by this subsection shall
be funded through funds provided for this part.''.
(c) Priority for Partnerships With Community-Based Drug
Treatment Programs.--Section 1903 of such Act (42 U.S.C.
3796ff-2) is amended by adding at the end the following new
subsection:
``(e) Priority for Partnerships With Community-Based Drug
Treatment Programs.--In considering an application submitted
by a State under section 1902, the Attorney General shall
give priority to an application that involves a partnership
between the State and a community-based drug treatment
program within the State.''.
SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR
FEDERAL FACILITIES.
Section 3621(e) of title 18, United States Code, is
amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Authorization of appropriations.--There are
authorized to carry out this subsection such sums as may be
necessary for each of fiscal years 2007 through 2011.''; and
(2) in paragraph (5)(A)--
(A) in clause (i) by striking ``and'' after the semicolon'
(B) in clause (ii) by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(iii) which may include the use of pharmacoptherapies, if
appropriate, that may extend beyond the treatment period;''.
CHAPTER 5--OTHER MATTERS
SEC. 1151. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.
(a) Certain Programs That Are Exempt From Paying States
Interest on Late Disbursements Also Exempted From Paying
Charge to Treasury for Untimely Disbursements.--Section
204(f) of Public Law 107-273 (116 Stat. 1776; 31 U.S.C. 6503
note) is amended--
(1) by striking ``section 6503(d)'' and inserting
``sections 3335(b) or 6503(d)''; and
(2) by striking ``section 6503'' and inserting ``sections
3335(b) or 6503''.
(b) Southwest Border Prosecutor Initiative Included Among
Such Exempted Programs.--Section 204(f) of such Act is
further amended by striking ``pursuant to section 501(a)''
and inserting ``pursuant to the Southwest Border Prosecutor
Initiative (as carried out pursuant to paragraph (3) (117
Stat. 64) under the heading relating to Community Oriented
Policing Services of the Department of Justice Appropriations
Act, 2003 (title I of division B of Public Law 108-7), or as
carried out pursuant to any subsequent authority) or section
501(a)''.
(c) ATFE Undercover Investigative Operations.--Section
102(b) of the Department of Justice and Related Agencies
Appropriations Act, 1993, as in effect pursuant to section
815(d) of the Antiterrorism and Effective Death Penalty Act
of 1996 shall apply with respect to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives and the undercover
investigative operations of the Bureau on the same basis as
such section applies with respect to any other agency and the
undercover investigative operations of such agency.
SEC. 1152. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.
(a) Coordinate and Support Office for Victims of Crime.--
Section 102 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) by
inserting after ``the Bureau of Justice Statistics,'' the
following: ``the Office for Victims of Crime,''.
(b) Setting Grant Conditions and Priorities.--Such section
is further amended in subsection (a)(6) by inserting ``,
including placing special conditions on all grants, and
determining priority purposes for formula grants'' before the
period at the end.
SEC. 1153. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-
OFFENDER REGISTRATION LAWS.
(a) Compliance Period.--A State shall not be treated, for
purposes of any provision of law, as having failed to comply
with section 170101 (42 U.S.C. 14071) or 170102 (42 U.S.C.
14072) of the Violent Crime Control and Law Enforcement Act
of 1994 until 36 months after the date of the enactment of
this Act, except that the Attorney General may grant an
additional 24 months to a State that is making good faith
efforts to comply with such sections.
(b) Time for Registration of Current Address.--Subsection
(a)(1)(B) of such section 170101 is amended by striking
``unless such requirement is terminated under'' and inserting
``for the time period specified in''.
SEC. 1154. REPEAL OF CERTAIN PROGRAMS.
(a) Safe Streets Act Program.--The Criminal Justice
Facility Construction Pilot program (part F; 42 U.S.C. 3769-
3769d) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is repealed.
(b) Violent Crime Control and Law Enforcement Act
Programs.--The following provisions of the Violent Crime
Control and Law Enforcement Act of 1994 are repealed:
(1) Local crime prevention block grant program.--Subtitle B
of title III (42 U.S.C. 13751-13758).
(2) Assistance for delinquent and at-risk youth.--Subtitle
G of title III (42 U.S.C. 13801-13802).
(3) Improved training and technical automation.--Subtitle E
of title XXI (42 U.S.C. 14151).
(4) Other state and local aid.--Subtitle F of title XXI (42
U.S.C. 14161).
SEC. 1155. ELIMINATION OF CERTAIN NOTICE AND HEARING
REQUIREMENTS.
Part H of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended as follows:
(1) Notice and hearing on denial or termination of grant.--
Section 802 (42 U.S.C. 3783) of such part is amended--
(A) by striking subsections (b) and (c); and
(B) by striking ``(a)'' before ``Whenever,''.
(2) Finality of determinations.--Section 803 (42 U.S.C.
3784) of such part is amended--
(A) by striking ``, after reasonable notice and opportunity
for a hearing,''; and
(B) by striking ``, except as otherwise provided herein''.
(3) Repeal of appellate court review.--Section 804 (42
U.S.C. 3785) of such part is repealed.
SEC. 1156. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME
CONTROL AND SAFE STREETS ACT OF 1968.
Section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791) is amended as
follows:
(1) Indian tribe.--Subsection (a)(3)(C) of such section is
amended by striking ``(as that term is defined in section 103
of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5603))''.
(2) Combination.--Subsection (a)(5) of such section is
amended by striking ``program or project'' and inserting
``program, plan, or project''.
(3) Neighborhood or community-based organizations.--
Subsection (a)(11) of such section is amended by striking
``which'' and inserting ``, including faith-based, that''.
(4) Indian tribe; private person.--Subsection (a) of such
section is further amended--
(A) in paragraph (24) by striking ``and'' at the end;
[[Page H12116]]
(B) in paragraph (25) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(26) the term `Indian Tribe' has the meaning given the
term `Indian tribe' in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)); and
``(27) the term `private person' means any individual
(including an individual acting in his official capacity) and
any private partnership, corporation, association,
organization, or entity (or any combination thereof).''.
SEC. 1157. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE
PAYMENTS TO PRISONERS FOR HEALTH CARE ITEMS AND
SERVICES.
Section 4006 of title 18, United States Code, is amended--
(1) in subsection (a) by inserting after ``The Attorney
General'' the following: ``or the Secretary of Homeland
Security, as applicable,''; and
(2) in subsection (b)(1)--
(A) by striking ``the Immigration and Naturalization
Service'' and inserting ``the Department of Homeland
Security'';
(B) by striking ``shall not exceed the lesser of the
amount'' and inserting ``shall be the amount billed, not to
exceed the amount'';
(C) by striking ``items and services'' and all that follows
through ``the Medicare program'' and inserting ``items and
services under the Medicare program''; and
(D) by striking ``; or'' and all that follows through the
period at the end and inserting a period.
SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding
after section 104, as added by section 211 of this Act, the
following new section:
``SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
``(a) Establishment.--
``(1) In general.--There is established within the Office
an Office of Audit, Assessment, and Management, headed by a
Director appointed by the Attorney General. In carrying out
the functions of the Office, the Director shall be subject to
the authority, direction, and control of the Attorney
General. Such authority, direction, and control may be
delegated only to the Assistant Attorney General, without
redelegation.
``(2) Purpose.--The purpose of the Office shall be to carry
out and coordinate program assessments of, take actions to
ensure compliance with the terms of, and manage information
with respect to, grants under programs covered by subsection
(b). The Director shall take special conditions of the grant
into account and consult with the office that issued those
conditions to ensure appropriate compliance.
``(3) Exclusivity.--The Office shall be the exclusive
element of the Department of Justice, other than the
Inspector General, performing functions and activities for
the purpose specified in paragraph (2). There are hereby
transferred to the Office all functions and activities, other
than functions and activities of the Inspector General, for
such purpose performed immediately before the date of the
enactment of this Act by any other element of the Department.
``(b) Covered Programs.--The programs referred to in
subsection (a) are the following:
``(1) The program under part Q of this title.
``(2) Any grant program carried out by the Office of
Justice Programs.
``(3) Any other grant program carried out by the Department
of Justice that the Attorney General considers appropriate.
``(c) Program Assessments Required.--
``(1) In general.--The Director shall select grants awarded
under the programs covered by subsection (b) and carry out
program assessments on such grants. In selecting such grants,
the Director shall ensure that the aggregate amount awarded
under the grants so selected represent not less than 10
percent of the aggregate amount of money awarded under all
such grant programs.
``(2) Relationship to nij evaluations.--This subsection
does not affect the authority or duty of the Director of the
National Institute of Justice to carry out overall
evaluations of programs covered by subsection (b), except
that such Director shall consult with the Director of the
Office in carrying out such evaluations.
``(3) Timing of program assessments.--The program
assessment required by paragraph (1) of a grant selected
under paragraph (1) shall be carried out--
``(A) not later than the end of the grant period, if the
grant period is not more than 1 year; and
``(B) at the end of each year of the grant period, if the
grant period is more than 1 year.
``(d) Compliance Actions Required.--The Director shall take
such actions to ensure compliance with the terms of a grant
as the Director considers appropriate with respect to each
grant that the Director determines (in consultation with the
head of the element of the Department of Justice concerned),
through a program assessment under subsection (a) or other
means, is not in compliance with such terms. In the case of a
misuse of more than 1 percent of the grant amount concerned,
the Director shall, in addition to any other action to ensure
compliance that the Director considers appropriate, ensure
that the entity responsible for such misuse ceases to receive
any funds under any program covered by subsection (b) until
such entity repays to the Attorney General an amount equal to
the amounts misused. The Director may, in unusual
circumstances, grant relief from this requirement to ensure
that an innocent party is not punished.
``(e) Grant Management System.--The Director shall
establish and maintain, in consultation with the chief
information officer of the Office, a modern, automated system
for managing all information relating to the grants made
under the programs covered by subsection (b).
``(f) Availability of Funds.--Not to exceed 3 percent of
all funding made available for a fiscal year for the programs
covered by subsection (b) shall be reserved for the Office of
Audit, Assessment and Management for the activities
authorized by this section.''.
(b) Effective Date.--This section and the amendment made by
this section take effect 90 days after the date of the
enactment of this Act.
SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding
after section 105, as added by section 248 of this Act, the
following new section:
``SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
``(a) Establishment.--
``(1) In general.--There is established within the Office a
Community Capacity Development Office, headed by a Director
appointed by the Attorney General. In carrying out the
functions of the Office, the Director shall be subject to the
authority, direction, and control of the Attorney General.
Such authority, direction, and control may be delegated only
to the Assistant Attorney General, without redelegation.
``(2) Purpose.--The purpose of the Office shall be to
provide training to actual and prospective participants under
programs covered by section 105(b) to assist such
participants in understanding the substantive and procedural
requirements for participating in such programs.
``(3) Exclusivity.--The Office shall be the exclusive
element of the Department of Justice performing functions and
activities for the purpose specified in paragraph (2). There
are hereby transferred to the Office all functions and
activities for such purpose performed immediately before the
date of the enactment of this Act by any other element of the
Department. This does not preclude a grant-making office from
providing specialized training and technical assistance in
its area of expertise.
``(b) Means.--The Director shall, in coordination with the
heads of the other elements of the Department, carry out the
purpose of the Office through the following means:
``(1) Promoting coordination of public and private efforts
and resources within or available to States, units of local
government, and neighborhood and community-based
organizations.
``(2) Providing information, training, and technical
assistance.
``(3) Providing support for inter- and intra-agency task
forces and other agreements and for assessment of the
effectiveness of programs, projects, approaches, or
practices.
``(4) Providing in the assessment of the effectiveness of
neighborhood and community-based law enforcement and crime
prevention strategies and techniques, in coordination with
the National Institute of Justice.
``(5) Any other similar means.
``(c) Locations.--Training referred to in subsection (a)
shall be provided on a regional basis to groups of such
participants. In a case in which remedial training is
appropriate, as recommended by the Director or the head of
any element of the Department, such training may be provided
on a local basis to a single such participant.
``(d) Best Practices.--The Director shall--
``(1) identify grants under which clearly beneficial
outcomes were obtained, and the characteristics of those
grants that were responsible for obtaining those outcomes;
and
``(2) incorporate those characteristics into the training
provided under this section.
``(e) Availability of Funds.--not to exceed 3 percent of
all funding made available for a fiscal year for the programs
covered by section 105(b) shall be reserved for the Community
Capacity Development Office for the activities authorized by
this section.''.
(b) Effective Date.--This section and the amendment made by
this section take effect 90 days after the date of the
enactment of this Act.
SEC. 1160. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding
after section 106, as added by section 249 of this Act, the
following new section:
``SEC. 107. DIVISION OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
``(a) Establishment.--There is established within the
Office of Science and Technology, the Division of Applied Law
Enforcement Technology, headed by an individual appointed by
the Attorney General. The purpose of the Division shall be to
provide leadership and focus to those grants of the
Department of Justice that are made for the purpose of using
or improving law enforcement computer systems.
``(b) Duties.--In carrying out the purpose of the Division,
the head of the Division shall--
``(1) establish clear minimum standards for computer
systems that can be purchased using amounts awarded under
such grants; and
``(2) ensure that recipients of such grants use such
systems to participate in crime reporting programs
administered by the Department, such as Uniform Crime Reports
or the National Incident-Based Reporting System.''.
(b) Effective Date.--This section and the amendment made by
this section take effect 90 days after the date of the
enactment of this Act.
SEC. 1161. AVAILABILITY OF FUNDS FOR GRANTS.
(a) In General.--Part A of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding
after section 107, as added by section 250 of this Act, the
following new section:
[[Page H12117]]
``SEC. 108. AVAILABILITY OF FUNDS.
``(a) Period for Awarding Grant Funds.--
``(1) In general.--Unless otherwise specifically provided
in an authorization, DOJ grant funds for a fiscal year shall
remain available to be awarded and distributed to a grantee
only in that fiscal year and the three succeeding fiscal
years, subject to paragraphs (2) and (3). DOJ grant funds not
so awarded and distributed shall revert to the Treasury.
``(2) Treatment of reprogrammed funds.--DOJ grant funds for
a fiscal year that are reprogrammed in a later fiscal year
shall be treated for purposes of paragraph (1) as DOJ grant
funds for such later fiscal year.
``(3) Treatment of deobligated funds.--If DOJ grant funds
were obligated and then deobligated, the period of
availability that applies to those grant funds under
paragraph (1) shall be extended by a number of days equal to
the number of days from the date on which those grant funds
were obligated to the date on which those grant funds were
deobligated.
``(b) Period for Expending Grant Funds.--DOJ grant funds
for a fiscal year that have been awarded and distributed to a
grantee may be expended by that grantee only in the period
permitted under the terms of the grant. DOJ grant funds not
so expended shall revert to the Treasury.
``(c) Definition.--In this section, the term `DOJ grant
funds' means, for a fiscal year, amounts appropriated for
activities of the Department of Justice in carrying out grant
programs for that fiscal year.
``(d) Applicability.--This section applies to DOJ grant
funds for fiscal years beginning with fiscal year 2006.''.
(b) Effective Date.--This section and the amendment made by
this section take effect 90 days after the date of the
enactment of this Act.
SEC. 1162. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS OF
OFFICE OF JUSTICE PROGRAMS.
(a) Consolidation of Accounting Activities and Procurement
Activities.--The Assistant Attorney General of the Office of
Justice Programs, in coordination with the Chief Information
Officer and Chief Financial Officer of the Department of
Justice, shall ensure that--
(1) all accounting activities for all elements of the
Office of Justice Programs are carried out under the direct
management of the Office of the Comptroller; and
(2) all procurement activities for all elements of the
Office are carried out under the direct management of the
Office of Administration.
(b) Further Consolidation of Procurement Activities.--The
Assistant Attorney General, in coordination with the Chief
Information Officer and Chief Financial Officer of the
Department of Justice, shall ensure that, on and after
September 30, 2008--
(1) all procurement activities for all elements of the
Office are carried out through a single management office;
and
(2) all contracts and purchase orders used in carrying out
those activities are processed through a single procurement
system.
(c) Consolidation of Financial Management Systems.--The
Assistant Attorney General, in coordination with the Chief
Information Officer and Chief Financial Officer of the
Department of Justice, shall ensure that, on and after
September 30, 2010, all financial management activities
(including human resources, payroll, and accounting
activities, as well as procurement activities) of all
elements of the Office are carried out through a single
financial management system.
(d) Achieving Compliance.--
(1) Schedule.--The Assistant Attorney General shall
undertake a scheduled consolidation of operations to achieve
compliance with the requirements of this section.
(2) Specific requirements.--With respect to achieving
compliance with the requirements of--
(A) subsection (a), the consolidation of operations shall
be initiated not later than 90 days after the date of the
enactment of this Act; and
(B) subsections (b) and (c), the consolidation of
operations shall be initiated not later than September 30,
2006, and shall be carried out by the Office of
Administration, in consultation with the Chief Information
Officer and the Office of Audit, Assessment, and Management.
SEC. 1163. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE
GRANT PROGRAM.
(a) In General.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall
carry out a single grant program under which the Attorney
General makes grants to States, units of local government,
Indian tribal governments, other public and private entities,
and multi-jurisdictional or regional consortia for the
purposes described in subsection (b).'';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and
in that subsection--
(A) by striking ``ADDITIONAL GRANT PROJECTS.--Grants made
under subsection (a) may include programs, projects, and
other activities to--'' and inserting ``USES OF GRANT
AMOUNTS.--The purposes for which grants made under subsection
(a) may be made are--'';
(B) by redesignating paragraphs (1) through (12) as
paragraphs (6) through (17), respectively;
(C) by inserting before paragraph (6) (as so redesignated)
the following new paragraphs:
``(1) rehire law enforcement officers who have been laid
off as a result of State and local budget reductions for
deployment in community-oriented policing;
``(2) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across
the Nation;
``(3) procure equipment, technology, or support systems, or
pay overtime, to increase the number of officers deployed in
community-oriented policing;
``(4) award grants to pay for offices hired to perform
intelligence, anti-terror, or homeland security duties;'';
and
(D) by amending paragraph (9) (as so redesignated) to read
as follows:
``(9) develop new technologies, including interoperable
communications technologies, modernized criminal record
technology, and forensic technology, to assist State and
local law enforcement agencies in reorienting the emphasis of
their activities from reacting to crime to preventing crime
and to train law enforcement officers to use such
technologies;'';
(4) by redesignating subsections (e) through (k) as
subsections (c) through (i), respectively; and
(5) in subsection (c) (as so redesignated) by striking
``subsection (i)'' and inserting ``subsection (g)''.
(b) Conforming Amendment.--Section 1702 of title I of such
Act (42 U.S.C. 3796dd-1) is amended in subsection (d)(2) by
striking ``section 1701(d)'' and inserting ``section
1701(b)''.
(c) Authorization of Appropriations.--Section 1001(a)(11)
of title I of such Act (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A) by striking ``expended--'' and all
that follows through ``2000'' and inserting ``expended
$1,047,119,000 for each of fiscal years 2006 through 2009'';
and
(2) in subparagraph (B)--
(A) by striking ``section 1701(f)'' and inserting ``section
1701(d)''; and
(B) by striking the third sentence.
SEC. 1164. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS
UNDER PUBLIC SAFETY OFFICERS' DEATH BENEFITS
PROGRAMS.
(a) Persons Eligible for Death Benefits.--Section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b), as most recently amended by section 2(a) of
the Mychal Judge Police and Fire Chaplains Public Safety
Officers' Benefit Act of 2002 (Public Law 107-196; 116 Stat.
719), is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) `member of a rescue squad or ambulance crew' means an
officially recognized or designated public employee member of
a rescue squad or ambulance crew;''; and
(3) in paragraph (4) by striking ``and'' and all that
follows through the end and inserting a semicolon.
(4) in paragraph (6) by striking ``enforcement of the
laws'' and inserting ``enforcement of the criminal laws
(including juvenile delinquency).''
(b) Clarification of Limitation on Payments in Non-Civilian
Cases.--Section 1202(5) of such Act (42 U.S.C. 3796a(5)) is
amended by inserting ``with respect'' before ``to any
individual''.
(c) Waiver of Collection in Certain Cases.--Section 1201 of
such Act (42 U.S.C. 3796) is amended by adding at the end the
following:
``(m) The Bureau may suspend or end collection action on an
amount disbursed pursuant to a statute enacted retroactively
or otherwise disbursed in error under subsection (a) or (c),
where such collection would be impractical, or would cause
undue hardship to a debtor who acted in good faith.''.
(d) Designation of Beneficiary.--Section 1201(a)(4) of such
Act (42 U.S.C. 3796(a)(4)) is amended to read as follows:
``(4) if there is no surviving spouse or surviving child--
``(A) in the case of a claim made on or after the date that
is 90 days after the date of the enactment of this
subparagraph, to the individual designated by such officer as
beneficiary under this section in such officer's most
recently executed designation of beneficiary on file at the
time of death with such officer's public safety agency,
organization, or unit, provided that such individual survived
such officer; or
``(B) if there is no individual qualifying under
subparagraph (A), to the individual designated by such
officer as beneficiary under such officer's most recently
executed life insurance policy on file at the time of death
with such officer's public safety agency, organization, or
unit, provided that such individual survived such officer;
or''.
(e) Confidentiality.--Section 1201(1)(a) of such Act (42
U.S.C. 3796(a)) is amended by adding at the end the
following:
``(6) The public safety agency, organization, or unit
responsible for maintaining on file an executed designation
of beneficiary or recently executed life insurance policy
pursuant to paragraph (4) shall maintain the confidentiality
of such designation or policy in the same manner as it
maintains personnel or other similar records of the
officer.''.
SEC. 1165. PRE-RELEASE AND POST-RELEASE PROGRAMS FOR JUVENILE
OFFENDERS.
Section 1801(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amended--
(1) in paragraph (15) by striking ``or'' at the end;
(2) in paragraph (16) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(17) establishing, improving, and coordinating pre-
release and post-release systems and programs to facilitate
the successful reentry of juvenile offenders from State or
local custody in the community.''.
SEC. 1166. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK
GRANTS.
Section 1810(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-10(a)) is amended by
striking ``2002 through 2005'' and inserting ``2006 through
2009''.
SEC. 1167. SEX OFFENDER MANAGEMENT.
Section 40152 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13941) is
[[Page H12118]]
amended by striking subsection (c) and inserting the
following:
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$5,000,000 for each of fiscal years 2006 through 2010.''.
SEC. 1168. EVIDENCE-BASED APPROACHES.
Section 1802 of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended--
(1) in subsection (a)(1)(B) by inserting ``, including the
extent to which evidence-based approaches are utilized''
after ``part''; and
(2) in subsection (b)(1)(A)(ii) by inserting ``, including
the extent to which evidence-based approaches are utilized''
after ``part''.
SEC. 1169. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR
SCHOOL SECURITY.
(a) In General.--Section 2705 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended by
striking ``2003'' and inserting ``2009''.
(b) Program to Remain Under COPS Office.--Section 2701 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797a) is amended in subsection (a) by inserting after
``The Attorney General'' the following: ``, acting through
the Office of Community Oriented Policing Services,''.
SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE'S LAW.
Section 2001 of Div. C, Pub. L. 106-386 (42 U.S.C. 13713),
is amended--
(1) in each of subsections (b), (c)(1), (c)(2), (c)(3),
(e)(1), and (g) by striking the first upper-case letter after
the heading and inserting a lower case letter of such letter
and the following: ``Pursuant to regulations promulgated by
the Attorney General hereunder,''
(2) in subsection (c), paragraphs (1) and (2),
respectively, by--
(A) striking ``a State'', the first place it appears, and
inserting ``a criminal-records-reporting State''; and
(B) striking ``(3),'' and all that follows through
``subsequent offense'' and inserting ``(3), it may, under
subsection (d), apply to the Attorney General for $10,000,
for its related apprehension and prosecution costs, and
$22,500 per year (up to a maximum of 5 years), for its
related incarceration costs with both amounts for costs
adjusted annually for the rate of inflation'';
(3) in subsection (c)(3), by--
(A) striking ``if--'' and inserting ``unless--'';
(B) striking--
(i) ``average'';
(ii) ``individuals convicted of the offense for which,'';
and
(iii) ``convicted by the State is''; and
(C) inserting ``not'' before ``less'' each place it
appears.
(4) in subsections (d) and (e), respectively, by striking
``transferred'';
(5) in subsection (e)(1), by--
(A) inserting ``pursuant to section 506 of the Omnibus
Crime Control and Safe Streets Act of 1968'' before ``that'';
and
(B) striking the last sentence and inserting ``No amount
described under this section shall be subject to section
3335(b) or 6503(d) of title 31, United States Code''.;
(6) in subsection (i)(1), by striking ``State-'' and
inserting ``State (where practicable)-''; and
(7) by striking subsection (i)(2) and inserting:
``(2) Report.--The Attorney General shall submit to
Congress--
``(A) a report, by not later than 6 months after the date
of enactment of this Act, that provides national estimates of
the nature and extent of recidivism (with an emphasis on
interstate recidivism) by State inmates convicted of murder,
rape, and dangerous sexual offenses;
``(B) a report, by not later than October 1, 2007, and
October 1 of each year thereafter, that provides statistical
analysis and criminal history profiles of interstate
recidivists identified in any State applications under this
section; and
``(C) reports, at regular intervals not to exceed every
five years, that include the information described in
paragraph (1).''.
Subtitle C--MISCELLANEOUS PROVISIONS
SEC. 1171. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107-
56.
(a) Striking Surplus Words.--
(1) Section 2703(c)(1) of title 18, United States Code, is
amended by striking ``or'' at the end of subparagraph (C).
(2) Section 1960(b)(1)(C) of title 18, United States Code,
is amended by striking ``to be used to be used'' and
inserting ``to be used''.
(b) Punctuation and Grammar Corrections.--Section
2516(1)(q) of title 18, United States Code, is amended--
(1) by striking the semicolon after the first close
parenthesis; and
(2) by striking ``sections'' and inserting ``section''.
(c) Cross Reference Correction.--Section 322 of Public Law
107-56 is amended, effective on the date of the enactment of
that section, by striking ``title 18'' and inserting ``title
28''.
SEC. 1172. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Table of Sections Omission.--The table of sections at
the beginning of chapter 203 of title 18, United States Code,
is amended by inserting after the item relating to section
3050 the following new item:
``3051. Powers of Special Agents of Bureau of Alcohol, Tobacco,
Firearms, and Explosives''.
(b) Repeal of Duplicative Program.--Section 316 of Part A
of the Runaway and Homeless Youth Act (42 U.S.C. 5712d), as
added by section 40155 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1922),
is repealed.
(c) Repeal of Provision Relating to Unauthorized Program.--
Section 20301 of Public Law 103-322 is amended by striking
subsection (c).
SEC. 1173. USE OF FEDERAL TRAINING FACILITIES.
(a) Federal Training Facilities.--Unless authorized in
writing by the Attorney General, or the Assistant Attorney
General for Administration, if so delegated by the Attorney
General, the Department of Justice (and each entity within
it) shall use for any predominantly internal training or
conference meeting only a facility that does not require a
payment to a private entity for use of the facility.
(b) Annual Report.--The Attorney General shall prepare an
annual report to the Chairmen and ranking minority members of
the Committees on the Judiciary of the Senate and of the
House of Representatives that details each training and
conference meeting that requires specific authorization under
subsection (a). The report shall include an explanation of
why the facility was chosen, and a breakdown of any
expenditures incurred in excess of the cost of conducting the
training or meeting at a facility that did not require such
authorization.
SEC. 1174. PRIVACY OFFICER.
(a) In General.--The Attorney General shall designate a
senior official in the Department of Justice to assume
primary responsibility for privacy policy.
(b) Responsibilities.--The responsibilities of such
official shall include advising the Attorney General
regarding--
(1) appropriate privacy protections, relating to the
collection, storage, use, disclosure, and security of
personally identifiable information, with respect to the
Department's existing or proposed information technology and
information systems;
(2) privacy implications of legislative and regulatory
proposals affecting the Department and involving the
collection, storage, use, disclosure, and security of
personally identifiable information;
(3) implementation of policies and procedures, including
appropriate training and auditing, to ensure the Department's
compliance with privacy-related laws and policies, including
section 552a of title 5, United States Code, and Section 208
of the E-Government Act of 2002 (Pub. L. 107-347);
(4) ensuring that adequate resources and staff are devoted
to meeting the Department's privacy-related functions and
obligations;
(5) appropriate notifications regarding the Department's
privacy policies and privacy-related inquiry and complaint
procedures; and
(6) privacy-related reports from the Department to Congress
and the President.
(c) Review of Privacy Related Functions, Resources, and
Report.--Within 120 days of his designation, the privacy
official shall prepare a comprehensive report to the Attorney
General and to the Committees on the Judiciary of the House
of Representatives and of the Senate, describing the
organization and resources of the Department with respect to
privacy and related information management functions,
including access, security, and records management, assessing
the Department's current and future needs relating to
information privacy issues, and making appropriate
recommendations regarding the Department's organizational
structure and personnel.
(d) Annual Report.--The privacy official shall submit a
report to the Committees on the Judiciary of the House of
Representatives and of the Senate on an annual basis on
activities of the Department that affect privacy, including a
summary of complaints of privacy violations, implementation
of section 552a of title 5, United States Code, internal
controls, and other relevant matters.
SEC. 1175. BANKRUPTCY CRIMES.
The Director of the Executive Office for United States
Trustees shall prepare an annual report to the Congress
detailing--
(1) the number and types of criminal referrals made by the
United States Trustee Program;
(2) the outcomes of each criminal referral;
(3) for any year in which the number of criminal referrals
is less than for the prior year, an explanation of the
decrease; and
(4) the United States Trustee Program's efforts to prevent
bankruptcy fraud and abuse, particularly with respect to the
establishment of uniform internal controls to detect common,
higher risk frauds, such as a debtor's failure to disclose
all assets.
SEC. 1176. REPORT TO CONGRESS ON STATUS OF UNITED STATES
PERSONS OR RESIDENTS DETAINED ON SUSPICION OF
TERRORISM.
Not less often than once every 12 months, the Attorney
General shall submit to Congress a report on the status of
United States persons or residents detained, as of the date
of the report, on suspicion of terrorism. The report shall--
(1) specify the number of persons or residents so detained;
and
(2) specify the standards developed by the Department of
Justice for recommending or determining that a person should
be tried as a criminal defendant or should be designated as
an enemy combatant.
SEC. 1177. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR
SEXUAL ABUSE OFFENSES IN CORRECTIONAL
FACILITIES.
(a) Expanded Jurisdiction.--The following provisions of
title 18, United States Code, are each amended by inserting
``or in any prison, institution, or facility in which persons
are held in custody by direction of or pursuant to a contract
or agreement with the Attorney General'' after ``in a Federal
prison,'':
(1) Subsections (a) and (b) of section 2241.
(2) The first sentence of subsection (c) of section 2241.
(3) Section 2242.
(4) Subsections (a) and (b) of section 2243.
(5) Subsections (a) and (b) of section 2244.
[[Page H12119]]
(b) Increased Penalties.--
(1) Sexual abuse of a ward.--Section 2243(b) of such title
is amended by striking ``one year'' and inserting ``five
years''.
(2) Abusive sexual contact.--Section 2244 of such title is
amended by striking ``six months'' and inserting ``two
years'' in each of subsections (a)(4) and (b).
SEC. 1178. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN
CORRECTIONAL FACILITIES.
Section 1791(d)(4) of title 18, United States Code, is
amended by inserting ``or any prison, institution, or
facility in which persons are held in custody by direction of
or pursuant to a contract or agreement with the Attorney
General'' after ``penal facility''.
SEC. 1179. MAGISTRATE JUDGE'S AUTHORITY TO CONTINUE
PRELIMINARY HEARING.
The second sentence of section 3060(c) of title 18, United
States Code, is amended to read as follows: ``In the absence
of such consent of the accused, the judge or magistrate judge
may extend the time limits only on a showing that
extraordinary circumstances exist and justice requires the
delay.''.
SEC. 1180. TECHNICAL CORRECTIONS RELATING TO STEROIDS.
Section 102(41)(A) of the Controlled Substances Act (21
U.S.C. 802(41)(A)), as amended by the Anabolic Steroid
Control Act of 2004 (Public law 108-358), is amended by--
(1) striking clause (xvii) and inserting the following:
``(xvii) 13b-ethyl-17b-hydroxygon-4-en-3-one;''; and
(2) striking clause (xliv) and inserting the following:
``(xliv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
eno[3,2-c]-pyrazole);''.
SEC. 1181. PRISON RAPE COMMISSION EXTENSION.
Section 7 of the Prison Rape Elimination Act of 2003 (42
U.S.C. 15606) is amended in subsection (d)(3)(A) by striking
``2 years'' and inserting ``3 years''.
SEC. 1182. LONGER STATUTE OF LIMITATION FOR HUMAN
TRAFFICKING-RELATED OFFENSES.
(a) In General.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3298. Trafficking-related offenses
``No person shall be prosecuted, tried, or punished for any
non-capital offense or conspiracy to commit a non-capital
offense under section 1581 (Peonage; Obstructing
Enforcement), 1583 (Enticement into Slavery), 1584 (Sale into
Involuntary Servitude), 1589 (Forced Labor), 1590
(Trafficking with Respect to Peonage, Slavery, Involuntary
Servitude, or Forced Labor), or 1592 (Unlawful Conduct with
Respect to Documents in furtherance of Trafficking, Peonage,
Slavery, Involuntary Servitude, or Forced Labor) of this
title or under section 274(a) of the Immigration and
Nationality Act unless the indictment is found or the
information is instituted not later than 10 years after the
commission of the offense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``3298. Trafficking-related offenses''.
(c) Modification of Statute Applicable to Offense Against
Children.--Section 3283 of title 18, United States Code, is
amended by inserting ``, or for ten years after the offense,
whichever is longer'' after ``of the child''.
SEC. 1183. USE OF CENTER FOR CRIMINAL JUSTICE TECHNOLOGY.
(a) In General.--The Attorney General may use the services
of the Center for Criminal Justice Technology, a nonprofit
``center of excellence'' that provides technology assistance
and expertise to the criminal justice community.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General to carry out this
section the following amounts, to remain available until
expended:
(1) $7,500,000 for fiscal year 2006;
(2) $7,500,000 for fiscal year 2007; and
(3) $10,000,000 for fiscal year 2008.
SEC. 1184. SEARCH GRANTS.
(a) In General.--Pursuant to subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968,
the Attorney General may make grants to SEARCH, the National
Consortium for Justice Information and Statistics, to carry
out the operations of the National Technical Assistance and
Training Program.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General to carry out this
section $4,000,000 for each of fiscal years 2006 through
2009.
SEC. 1185. REAUTHORIZATION OF LAW ENFORCEMENT TRIBUTE ACT.
Section 11001 of Public Law 107-273 (42 U.S.C. 15208; 116
Stat. 1816) is amended in subsection (i) by striking ``2006''
and inserting ``2009''.
SEC. 1186. AMENDMENT REGARDING BULLYING AND GANGS.
Paragraph (13) of section 1801(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is
amended to read as follows:
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety, which
programs may include research-based bullying, cyberbullying,
and gang prevention programs;''.
SEC. 1187. TRANSFER OF PROVISIONS RELATING TO THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.
(a) Organizational Provision.--Part II of title 28, United
States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 40A--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
``Sec
``599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives
``599B. Personnel management demonstration project''.
(b) Transfer of Provisions.--The section heading for, and
subsections (a), (b), (c)(1), and (c)(3) of, section 1111,
and section 1115, of the Homeland Security Act of 2002 (6
U.S.C. 531(a), (b), (c)(1), and (c)(3), and 533) are hereby
transferred to, and added at the end of chapter 40A of such
title, as added by subsection (a) of this section.
(c) Conforming Amendments.--
(1) Such section 1111 is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 599A. Bureau of alcohol, tobacco, firearms, and
Explosives'';
and
(B) in subsection (b)(2), by inserting ``of section 1111 of
the Homeland Security Act of 2002 (as enacted on the date of
the enactment of such Act)'' after ``subsection (c)'',
and such section heading and such subsections (as so amended)
shall constitute section 599A of such title.
(2) Such section 1115 is amended by striking the section
heading and inserting the following:
``Sec. 599B. Personnel Management demonstration project'',
and such section (as so amended) shall constitute section
599B of such title.
(d) Clerical Amendment.--The chapter analysis for such part
is amended by adding at the end the following new item:
``40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives2599A''.....
SEC. 1188. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND
TRAINING PROJECTS PROGRAM.
Section 32401(b) of the Violent Crime Control Act of 1994
(42 U.S.C. 13921(b)) is amended by striking paragraphs (1)
through (6) and inserting the following:
``(1) $20,000,000 for fiscal year 2006;
``(2) $20,000,000 for fiscal year 2007;
``(3) $20,000,000 for fiscal year 2008;
``(4) $20,000,000 for fiscal year 2009; and
``(5) $20,000,000 for fiscal year 2010.''.
SEC. 1189. NATIONAL TRAINING CENTER.
(a) In General.--The Attorney General may use the services
of the National Training Center in Sioux City, Iowa, to
utilize a national approach to bring communities and criminal
justice agencies together to receive training to control the
growing national problem of methamphetamine, poly drugs and
their associated crimes. The National Training Center in
Sioux City, Iowa, seeks a comprehensive approach to control
and reduce methamphetamine trafficking, production and usage
through training.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General to carry out this
section the following amounts, to remain available until
expended:
(1) $2,500,000 for fiscal year 2006.
(2) $3,000,000 for fiscal year 2007.
(3) $3,000,000 for fiscal year 2008.
(4) $3,000,000 for fiscal year 2009.
SEC. 1190. SENSE OF CONGRESS RELATING TO ``GOOD TIME''
RELEASE.
It is the sense of Congress that it is important to study
the concept of implementing a ``good time'' release program
for non-violent criminals in the Federal prison system.
SEC. 1191. PUBLIC EMPLOYEE UNIFORMS.
(a) In General.--Section 716 of title 18, United States
Code, is amended--
(1) by striking ``police badge'' each place it appears in
subsections (a) and (b) and inserting ``official insignia or
uniform'';
(2) in each of paragraphs (2) and (4) of subsection (a), by
striking ``badge of the police'' and inserting ``official
insignia or uniform'';
(3) in subsection (b)--
(A) by striking ``the badge'' and inserting ``the insignia
or uniform'';
(B) by inserting ``is other than a counterfeit insignia or
uniform and'' before ``is used or is intended to be used'';
and
(C) by inserting ``is not used to mislead or deceive, or''
before ``is used or intended'';
(4) in subsection (c)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and'';
(C) by adding at the end the following:
``(3) the term `official insignia or uniform' means an
article of distinctive clothing or insignia, including a
badge, emblem or identification card, that is an indicium of
the authority of a public employee;
``(4) the term `public employee' means any officer or
employee of the Federal Government or of a State or local
government; and
``(5) the term `uniform' means distinctive clothing or
other items of dress, whether real or counterfeit, worn
during the performance of official duties and which
identifies the wearer as a public agency employee.''; and
(5) by adding at the end the following:
``(d) It is a defense to a prosecution under this section
that the official insignia or uniform is not used or intended
to be used to mislead or deceive, or is a counterfeit
insignia or uniform and is used or is intended to be used
exclusively--
``(1) for a dramatic presentation, such as a theatrical,
film, or television production; or
``(2) for legitimate law enforcement purposes.''; and
(6) in the heading for the section, by striking ``POLICE
BADGES'' and inserting ``PUBLIC EMPLOYEE INSIGNIA AND
UNIFORM''.
(b) Conforming Amendment to Table of Sections.--The item in
the table of sections at the beginning of chapter 33 of title
18, United States Code, relating to section 716 is amended
[[Page H12120]]
by striking ``Police badges'' and inserting ``Public employee
insignia and uniform''.
(c) Direction to Sentencing Commission.--The United States
Sentencing Commission is directed to make appropriate
amendments to sentencing guidelines, policy statements, and
official commentary to assure that the sentence imposed on a
defendant who is convicted of a Federal offense while wearing
or displaying insignia and uniform received in violation of
section 716 of title 18, United States Code, reflects the
gravity of this aggravating factor.
SEC. 1192. OFFICIALLY APPROVED POSTAGE.
Section 475 of title 18, United States Code, is amended by
adding at the end the following: ``Nothing in this section
applies to evidence of postage payment approved by the United
States Postal Service.''.
SEC. 1193. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
In addition to any other amounts authorized by law, there
are authorized to be appropriated for grants to the American
Prosecutors Research Institute under section 214A of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13003)
$7,500,000 for each of fiscal years 2006 through 2010.
SEC. 1194. ASSISTANCE TO COURTS.
The chief judge of each United States district court is
encouraged to cooperate with requests from State and local
authorities whose operations have been significantly
disrupted as a result of Hurricane Katrina or Hurricane Rita
to provide accommodations in Federal facilities for State and
local courts to conduct their proceedings.
SEC. 1195. STUDY AND REPORT ON CORRELATION BETWEEN SUBSTANCE
ABUSE AND DOMESTIC VIOLENCE AT DOMESTIC
VIOLENCE SHELTERS.
The Secretary of Health and Human Services shall carry out
a study on the correlation between a perpetrator's drug and
alcohol abuse and the reported incidence of domestic violence
at domestic violence shelters. The study shall cover fiscal
years 2006 through 2008. Not later than February 2009, the
Secretary shall submit to Congress a report on the results of
the study.
SEC. 1196. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM.
(a) Authorization of Appropriations.--Section 241(i)(5) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is
amended by striking ``appropriated'' and all that follows
through the period and inserting the following:
``appropriated to carry out this subsection--
``(A) $750,000,000 for fiscal year 2006;
``(B) $850,000,000 for fiscal year 2007; and
``(C) $950,000,000 for each of the fiscal years 2008
through 2011.''.
(b) Limitation on Use of Funds.--Section 241(i)(6) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is
amended to read as follows:
``(6) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (5) that are distributed to a
State or political subdivision of a State, including a
municipality, may be used only for correctional purposes.''.
(c) Study and Report on State and Local Assistance in
Incarcerating Undocumented Criminal Aliens.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
United States Department of Justice shall perform a study,
and report to the Committee on the Judiciary of the United
States House of Representatives and the Committee on the
Judiciary of the United States Senate on the following:
(A) Whether there are States, or political subdivisions of
a State, that have received compensation under section 241(i)
of the Immigration and Nationality Act (8 U.S.C. 1231(i)) and
are not fully cooperating in the Department of Homeland
Security's efforts to remove from the United States
undocumented criminal aliens (as defined in paragraph (3) of
such section).
(B) Whether there are States, or political subdivisions of
a State, that have received compensation under section 241(i)
of the Immigration and Nationality Act (8 U.S.C. 1231(i)) and
that have in effect a policy that violates section 642 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1373).
(C) The number of criminal offenses that have been
committed by aliens unlawfully present in the United States
after having been apprehended by States or local law
enforcement officials for a criminal offense and subsequently
being released without being referred to the Department of
Homeland Security for removal from the United States.
(D) The number of aliens described in subparagraph (C) who
were released because the State or political subdivision
lacked space or funds for detention of the alien.
(2) Identification.--In the report submitted under
paragraph (1), the Inspector General of the United States
Department of Justice--
(A) shall include a list identifying each State or
political subdivision of a State that is determined to be
described in subparagraph (A) or (B) of paragraph (1); and
(B) shall include a copy of any written policy determined
to be described in subparagraph (B).
SEC. 1197. EXTENSION OF CHILD SAFETY PILOT PROGRAM.
Section 108 of the PROTECT Act (42 U.S.C. 5119a note) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(B), by striking ``A volunteer
organization in a participating State may not submit
background check requests under paragraph (3).'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``a 30-month'' and
inserting ``a 60-month'';
(ii) in subparagraph (A), by striking ``100,000'' and
inserting ``200,000''; and
(iii) by striking subparagraph (B) and inserting the
following:
``(B) Participating organizations.--
``(i) Eligible organizations.--Eligible organizations
include--
``(I) the Boys and Girls Clubs of America;
``(II) the MENTOR/National Mentoring Partnership;
``(III) the National Council of Youth Sports; and
``(IV) any nonprofit organization that provides care, as
that term is defined in section 5 of the National Child
Protection Act of 1993 (42 U.S.C. 5119c), for children.
``(ii) Pilot program.--The eligibility of an organization
described in clause (i)(IV) to participate in the pilot
program established under this section shall be determined by
the National Center for Missing and Exploited Children, with
the rejection or concurrence within 30 days of the Attorney
General, according to criteria established by such Center,
including the potential number of applicants and suitability
of the organization to the intent of this section. If the
Attorney General fails to reject or concur within 30 days,
the determination of the National Center for Missing and
Exploited Children shall be conclusive.'';
(iv) by striking subparagraph (C) and inserting the
following:
``(C) Applicants from participating organizations.--
Participating organizations may request background checks on
applicants for positions as volunteers and employees who will
be working with children or supervising volunteers.'';
(v) in subparagraph (D), by striking ``the organizations
described in subparagraph (C)'' and inserting ``participating
organizations''; and
(vi) in subparagraph (F), by striking ``14 business days''
and inserting ``10 business days'';
(2) in subsection (c)(1), by striking ``and 2005'' and
inserting ``through 2008''; and
(3) in subsection (d)(1), by adding at the end the
following:
``(O) The extent of participation by eligible organizations
in the state pilot program.''.
SEC. 1198. TRANSPORTATION AND SUBSISTENCE FOR SPECIAL
SESSIONS OF DISTRICT COURTS.
(a) Transportation and Subsistence.--Section 141(b) of
title 28, United States Code, as added by section 2(b) of
Public Law 109-63, is amended by adding at the end the
following:
``(5) If a district court issues an order exercising its
authority under paragraph (1), the court shall direct the
United States marshal of the district where the court is
meeting to furnish transportation and subsistence to the same
extent as that provided in sections 4282 and 4285 of title
18.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (5) of section 141(b) of title 28, United States
Code, as added by subsection (a) of this section.
SEC. 1199. YOUTH VIOLENCE REDUCTION DEMONSTRATION PROJECTS.
(a) Establishment of Youth Violence Reduction Demonstration
Projects.--
(1) In general.--The Attorney General shall make up to 5
grants for the purpose of carrying out Youth Violence
Demonstration Projects to reduce juvenile and young adult
violence, homicides, and recidivism among high-risk
populations.
(2) Eligible entities.--An entity is eligible for a grant
under paragraph (1) if it is a unit of local government or a
combination of local governments established by agreement for
purposes of undertaking a demonstration project.
(b) Selection of Grant Recipients.--
(1) Awards.--The Attorney General shall award grants for
Youth Violence Reduction Demonstration Projects on a
competitive basis.
(2) Amount of awards.--No single grant award made under
subsection (a) shall exceed $15,000,000 per fiscal year.
(3) Application.--An application for a grant under
paragraph (1) shall be submitted to the Attorney General in
such a form, and containing such information and assurances,
as the Attorney General may require, and at a minimum shall
propose--
(A) a program strategy targeting areas with the highest
incidence of youth violence and homicides;
(B) outcome measures and specific objective indicia of
performance to assess the effectiveness of the program; and
(C) a plan for evaluation by an independent third party.
(4) Distribution.--In making grants under this section, the
Attorney General shall ensure the following:
(A) No less than 1 recipient is a city with a population
exceeding 1,000,000 and an increase of at least 30 percent in
the aggregated juvenile and young adult homicide
victimization rate during calendar year 2005 as compared to
calendar year 2004.
(B) No less than one recipient is a nonmetropolitan county
or group of counties with per capita arrest rates of
juveniles and young adults for serious violent offenses that
exceed the national average for nonmetropolitan counties by
at least 5 percent.
(5) Criteria.--In making grants under this section, the
Attorney General shall give preference to entities operating
programs that meet the following criteria:
(A) A program focus on
(i) reducing youth violence and homicides, with an emphasis
on juvenile and young adult probationers and other juveniles
and young adults who have had or are likely to have contact
with the juvenile justice system;
(ii) fostering positive relationships between program
participants and supportive adults in the community; and
(iii) accessing comprehensive supports for program
participants through coordinated community referral networks,
including job opportunities, educational programs, counseling
services,
[[Page H12121]]
substance abuse programs, recreational opportunities, and
other services;
(B) A program goal of almost daily contacts with and
supervision of participating juveniles and young adults
through small caseloads and a coordinated team approach among
case managers drawn from the community, probation officers,
and police officers;
(C) The use of existing structures, local government
agencies, and nonprofit organizations to operate the program;
(D) Inclusion in program staff of individuals who live or
have lived in the community in which the program operates;
have personal experiences or cultural competency that build
credibility in relationships with program participants; and
will serve as a case manager, intermediary, and mentor;
(E) Fieldwork and neighborhood outreach in communities
where the young violent offenders live, including support of
the program from local public and private organizations and
community members;
(F) Imposition of graduated probation sanctions to deter
violent and criminal behavior.
(G) A record of program operation and effectiveness
evaluation over a period of at least five years prior to the
date of enactment of this Act;
(H) A program structure that can serve as a model for other
communities in addressing the problem of youth violence and
juvenile and young adult recidivism.
(c) Authorized Activities.--Amounts paid to an eligible
entity under a grant award may be used for the following
activities:
(1) Designing and enhancing program activities;
(2) Employing and training personnel.
(3) Purchasing or leasing equipment.
(4) Providing services and training to program participants
and their families.
(5) Supporting related law enforcement and probation
activities, including personnel costs.
(6) Establishing and maintaining a system of program
records.
(7) Acquiring, constructing, expanding, renovating, or
operating facilities to support the program.
(8) Evaluating program effectiveness.
(9) Undertaking other activities determined by the Attorney
General as consistent with the purposes and requirements of
the demonstration program.
(d) Evaluation and Reports.--
(1) Independent evaluation.--The Attorney General may use
up to $500,000 of funds appropriated annually under this such
section to--
(A) prepare and implement a design for interim and overall
evaluations of performance and progress of the funded
demonstration projects;
(B) provide training and technical assistance to grant
recipients; and
(C) disseminate broadly the information generated and
lessons learned from the operation of the demonstration
projects.
(2) Reports to congress.--Not later than 120 days after the
last day of each fiscal year for which 1 or more
demonstration grants are awarded, the Attorney General shall
submit to Congress a report which shall include--
(A) a summary of the activities carried out with such
grants;
(B) an assessment by the Attorney General of the program
carried out; and
(C) such other information as the Attorney General
considers appropriate.
(e) Federal Share.--
(1) In general.--The Federal share of a grant awarded under
this Act shall not exceed 90 percent of the total program
costs.
(2) Non-federal share.--The non-Federal share of such cost
may be provided in cash or in-kind.
(f) Definitions.--In this section:
(1) Unit of local government.--The term ``unit of local
government'' means a county, township, city, or political
subdivision of a county, township, or city, that is a unit of
local government as determined by the Secretary of Commerce
for general statistical purposes.
(2) Juvenile.--The term ``juvenile'' means an individual
who is 17 years of age or younger.
(3) Young adult.--The term ``young adult'' means an
individual who is 18 through 24 years of age.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $50,000,000 for
fiscal year 2007 and such sums as may be necessary for each
of fiscal years 2008 through 2009, to remain available until
expended.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr.
Conyers) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on the bill H.R. 3402
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 3402, the Department of
Justice Appropriations Authorization Act for fiscal years 2006 through
2009.
As chairman of the Committee on the Judiciary, I am proud to support
this comprehensive package negotiated between the House and Senate to
reauthorize vital programs within the Department of Justice and to
combat domestic and dating violence, sexual assault, and stalking.
I am grateful to the Committees on Financial Services, Energy and
Customers, and Education and the Workforce, as well as all of the
members of the Committee on the Judiciary, for working with us to make
it possible to bring this legislation up today.
I would also like to thank the original bipartisan cosponsors of this
bill, Judiciary Committee Ranking Member Conyers, Representatives Green
of Wisconsin, Solis, Brown-Waite, Schiff, Coble, Lofgren, and Weiner
for all of their efforts.
Authorization is an important oversight tool that allows Congress and
committees of jurisdiction to create, amend, extend, and set priorities
for programs within executive agencies. Despite the law's requirement
for regular congressional authorization for the Justice Department,
until just recently DOJ has not been formerly authorized by Congress
since 1980.
The Committee on the Judiciary took action to rectify the situation
in the 107th Congress and reauthorized the programs within the
Department of Justice. We tried again last Congress; however, the other
body did not take up our bipartisan House-passed bill.
I am proud to be here today to provide Congress with legislation to
again give direction to the Department of Justice and the important
programs it administers.
DOJ's grant programs are an important tool in the fight against crime
in America. Programs such as Byrne, COPS and STOP provide grants to
State and local governments to focus on current crime issues affecting
our communities.
Because there are limited resources, continuous congressional
oversight of these programs ensures that the taxpayers' money is spent
appropriately. This bill will ensure accountability from the Department
with a number of provisions designed to ensure grant recipients are
meeting the conditions established by Congress for the programs.
The bill includes an office of audit, assessment and management to
monitor grants and a community capacity development office to assist
grant applicants and grantees in meeting grant conditions.
In addition to the numerous oversight tools provided in the bill,
there are a number of important reforms to grant programs and
provisions designed to improve those programs and offices within the
Department. The bill consolidates the Local Law Enforcement Block Grant
Program and the Byrne grant program into one program with the same
purposes, to eliminate duplication and improve the administration of
the grants.
The bill preserves the COPS program, but addresses concerns expressed
by many Members about the previous use of these grants. H.R. 3402 also
allows grantees greater flexibility in the use of these funds.
The authorization also reauthorizes DOJ programs that will expire or
have expired, such as the Juvenile Accountability Block Grant Program
and the Sex Offender Management Program. It also includes some very
important modifications to the criminal code such as extending the
statute of limitations for human trafficking offenses and applying
increased criminal penalties to prison guards who sexually abuse
persons in their custody.
Titles I through IX of this bill focus on reauthorizing, expanding,
and improving programs that were established in the Violence Against
Women Act of 1994 and reauthorized in 2000. The bill reauthorizes some
important core programs such as STOP grants and grants to reduce campus
violence. These programs have been successful in combatting domestic
violence and changing attitudes toward violence in the family in
America.
The reauthorization of VAWA in 2005 will continue to change attitudes
toward domestic violence and will expand its focus to change attitudes
toward other violent crimes, including dating violence, sexual assault,
and stalking. Because these are crimes that affect both genders, it is
important to note
[[Page H12122]]
that the text of the legislation specifies that programs addressing
these problems can serve both female and male victims.
Additionally, this legislation specifies that the same rules apply to
these funds that apply to other Federal grant programs. It is illegal
to use grant funds devoted to these programs for political activities
or lobbying. It is the intent of Congress that these funds be used to
provided services to victims and trained personnel who deal with these
violent crimes.
The Department of Justice is expected to enforce that provision for
all its grants and monitor grant activities to ensure compliance, not
only with this condition but all conditions of the grants.
The legislation will aid Congress in continuing to fulfill our
obligation to the taxpayers to be good stewards of their money.
Mr. Speaker, I encourage my colleagues to support this bipartisan
legislation.
Mr. Speaker, I would like to acknowledge the hard work of the
following House, Senate, and Administration staff who spent long hours
negotiating this bill:
Senate Staff: Mike O'Neill, Brett Tolman, Lisa Owings, Joe Jacquot,
and Juria Jones--Senator Specter; Bruce Cohen, Tara Magner, and Jessica
Berry--Senator Leahy; Louisa Terrell--Senator Biden; Cindy Hayden--
Senator Sessions; Janice Kaguyutan--Senator Kennedy.
House Staff: Phil Kiko, Brian Benczkowski, Katy Crooks, George
Fishman, and Cindy Blackston--Congressman Sensenbrenner; Cassie Bevan--
Congressman DeLay; Perry Apelbaum, Sampak Garg, and Stacey Dansky--
Congressman Conyers.
Department of Justice: William Moschella and Sarah Roland.
I would also like to express my thanks to the following groups for
their efforts in facilitating the passage of this legislation: Break
the Cycle, Girls Incorporated, Family Violence Prevention Fund, Legal
Momentum, National Alliance to End Sexual Violence, National Center for
Victims of Crime, National Coalition Against Domestic Violence,
National Congress of American Indians, National Network to End Domestic
Violence, National Resource Center to End Violence Against Native
Women, and Sisters of Color Ending Sexual Assault.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I began on a note of congratulating the chairman of this
committee who has been the first chairman to have began to get
reauthorizations on the Department of Justice. I have been working on
that for many years prior to him succeeding, but this is the first time
that we have had them. This is the second time that we have had the
authorization.
What makes this bill even more important to me is that we have a
reauthorization of the Violence Against Women Act of 1994 in it as
well. I congratulate a great number of our colleagues in the Senate,
Senators Biden, Leahy, Specter, for working on this on their side; and
we have all come together with what I think is a very important
measure.
Now, let me quickly get to three parts of this that are particularly
important to me.
{time} 1700
For many years, I have been urging that in this program of Violence
Against Women Act, we create specifically tailored programs to address
the needs of communities of color. It draws on several Violence Against
Women Act programs and finally ensures that we help people who either
never receive the services or receive very few of them, and inserting
this language into the bill is a monumental victory for communities of
color fighting violence against women across this country.
Secondly, the bill provides funding for various offices within the
department. In particular, we build up the Office of Inspector General,
putting in over $70 million a year. This office has been diligent in
overseeing the department's war on terrorism, issuing reports on 9/11
detainees and pushing the department to change its procedures in many
of the ways they handle terrorism matters.
The third point that I consider extremely important is that our
colleague from California, Adam Schiff, on the Judiciary Committee, was
able to get language in that requires the Attorney General to report to
Congress on the number of persons detained on suspicion of terrorism.
If Members do not think that is an important subject, then we need to
hold a special briefing for anybody that wants more information on it.
It has been a highly controversial issue in the Judiciary Committee,
notwithstanding the fact that everybody from the Attorney General on
down has been dancing around these subjects.
We also reauthorize the COPS office that the Clinton administration
created, and the law enforcement people have been very proud of that
fact.
So for all of those reasons and more, I urge the House to, as close
to unanimity as we may be able to come on this, pass this measure.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentlewoman
from Florida (Ms. Ginny Brown-Waite).
Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I thank Chairman
Sensenbrenner very much for his leadership on this bill.
I rise today very proud that the House is considering the conference
report of the Violence Against Women Act reauthorization and so happy
that it was recently agreed to by the Senate.
I would like to specifically thank a champion of this, and that is
Chairman Sensenbrenner, for his excellent leadership and hard work to
make sure that this happened this year.
I know many of us, when we went back to our districts, heard from
various women's groups, various volunteers in domestic violence
shelters, and they were fearful that we were going to end without
continuing the Violence Against Women Act. I am very proud that it is
in there.
While domestic programs would have continued without this program
today, had VAWA not reauthorized, the new ideas and some of the great
programs in there and improvements would not have been instituted for
quite some time into the future. As I said, my constituents involved in
the fight against domestic violence are so happy that we were able to
come to an agreement on this.
When Members go back to their districts during the weekends and the
holidays, it is going to spread the word that Congress has kept its
word to women and reauthorized the Violence Against Women Act. It is my
hope that if Members of Congress continue down this path in raising
awareness about the many types of violence faced by women, men, young
and old, from all walks of life, that we will eventually rid our Nation
of this appalling crime.
Vicious acts of violence can be combated effectively through
education, support networks, increased law enforcement programs and
family counseling.
It has been an honor working with all those involved in this very
important legislation, and I certainly encourage my colleagues to
support this very important piece of legislation.
I, again, commend the chairman for his countless hours, and the
committee members and the people who served on the conference
committee, the countless number of hours that they worked to come to
this agreement.
Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. Inslee).
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Speaker, the worst thing a parent can endure is the
loss of a child. And it is important for me, in the context of this
bill, to share the story of Lane and Patti Judson, who lost their
daughter, Crystal, to domestic violence and have turned their sadness
into a will to help other families.
Crystal was murdered by her husband, who was chief of police in
Tacoma, Washington, at the time. We all know what obstacles domestic
violence victims face. But imagine the choices a victim faces when
their abuser is in the very profession that is charged to protect her.
Congress today took steps to address these circumstances and, for the
first time in the country's history, included a grant program in the
reauthorization of the Violence Against Women Act to help law
enforcement agencies develop procedures for dealing with domestic
crimes committed by their own employees as well as train special
advocates to assist victims like Crystal and
[[Page H12123]]
her family. Women who have been victims of domestic violence should not
have to stand alone, and after today, they will not have to.
I thank the Judiciary Committee chair and ranking member; my
colleagues from Washington; advocacy groups; and, most importantly,
Lane and Patti Judson for making this program a reality. Unfortunately,
domestic violence continues to be in all of our communities today. And
the Judsons' courage and conviction remind all of us that we have more
work to do toward finding new solutions to protect families across our
Nation. From a family tragedy, the Judsons have forged a strong measure
to protect families across the Nation. We honor their diligence and the
life of Crystal Judson Brame.
Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Ms. Zoe Lofgren), the head of her State delegation and
member of the Judiciary Committee.
Ms. ZOE LOFGREN of California. Mr. Speaker, I am very pleased to be
here today in support of this measure. Since its passage in 1994, VAWA
has been a success, and this measure, as has been mentioned, does
reauthorize the Violence Against Women Act.
Earlier in this Congress, I introduced a comprehensive bill to
reauthorize the act. It had over 120 cosponsors, and I would like to
publicly express my thanks to all of the cosponsors and especially the
women who came forward with their ideas. It really was not my bill so
much as it was a compilation of all the creativity of primarily the
women of the House of Representatives to put together a bill that
really went pretty far in providing assistance to victims of domestic
violence. And I want to thank the chairman and ranking member of the
Judiciary Committee for including most of that bill in this
reauthorization. Along with the prevention programs and the housing
grants for battered women, these measures will help ensure that victims
have the means to escape the cycle of domestic violence and also to
prevent that cycle from happening in the first place.
There are a couple of provisions in the comprehensive bill that are
not included. Most importantly, protections for workers and immigrants.
And I am hopeful that, working together later in this Congress, we
might be able to also address those issues.
We know that domestic violence and sexual assault cause harm not only
emotionally and physically but also financially and professionally.
Victims of domestic violence lose 8 million paid workdays each year,
the equivalent of 32,000 jobs, and almost 50 percent of sexual assault
survivors lose their jobs.
So we need to provide emergency leave, emergency benefits,
unemployment compensation and job protection to address this important
issue, not just the physical harm but the financial burden that
accompanies this violence.
I hope that we can address these shortcomings in the future. But, of
course, I do not want to detract from celebrating the reauthorization
of what we are doing today. It is something that we can be proud of.
And I want to especially thank Hilda Solis, who is the cochair, I
believe, of the Women's Caucus, who put so much time and effort into
this along with so many other Members of the House.
Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Weiner), a member of the Judiciary Committee.
Mr. WEINER. Mr. Speaker, I thank the gentleman from Michigan for
yielding me this time.
The Judiciary Committee, I think, has been a font of some of the
legislation I find most troubling in the last session. But this is a
moment that I want to join with my colleagues in commending the
chairman for doing what, frankly, we should have down a long time ago.
Before Mr. Sensenbrenner took over the committee, it was customary for
us to avoid the tough issues that went into reauthorization. But Mr.
Sensenbrenner has been fair and honorable in trying to work out some of
these thorny issues, and I think we have shown that we can work
together to come up with an initiative that not only managed to bring
us together but did that almost impossible thing, which was force the
other body to finally act on some of these things as well.
A couple of programs in particular that are worth noting: For the
first time since 2000, we are reauthorizing the COPS program. More than
117,000 cops are on the beat in small towns and big cities throughout
this country, sheriffs departments, major police departments. This bill
not only reauthorizes but recognizes some of the criticisms of the
first bill, makes the money more flexible, lets police departments use
it for the things they need the most, recognizes the need to pay some
of the payroll for terrorism cops in particular since September 11.
This finally closes the loophole in the availability of counterfeit
police and uniform badges. After years of being warned of the loopholes
that exist, for the first time under this legislation, it will be
illegal to sell or to transfer a counterfeit badge for any reason
except for use in a theatrical production or for legitimate law
enforcement purposes.
Also in this legislation, we, again, for the third time, push the
ball down the field on approving the use of DNA technology. We allow
those who are acquitted to expunge their samples. DNA funding that is
allocated can be used for laboratories, which it has not been in the
past. Aliens in detention, samples can be collected from them. And
perhaps the most important thing, the Federal statute of limitations
has been lifted because DNA evidence very often sits on the shelves for
years and years and years without being associated with an individual.
That statute of limitations is going to be expiring.
I just want to say, again, I commend Mr. Conyers and Mr.
Sensenbrenner for a bill that does a great deal. It waited until the
last moment, but it was well worth the wait, and I thank the gentlemen.
Mr. CONYERS. Mr. Speaker, I yield 3\1/2\ minutes to the distinguished
gentlewoman from Texas (Ms. Jackson-Lee), subcommittee ranking member.
Ms. JACKSON-LEE of Texas. Mr. Speaker, if there is a positive element
to being here on the very brink of the holiday season, on a Saturday,
it is the passage of this legislation.
I thank the ranking member for his leadership. I thank Chairman
Sensenbrenner for asserting the jurisdiction over the Department of
Justice of the Judiciary Committee again and passing this authorization
bill with the leadership of our ranking member.
I want to dwell on two or three points. But obviously, I want to add
my appreciation for the women of this House along with our ranking
member and chairman and our co-chair, Hilda Solis, and our chair of the
Women's Caucus for their leadership.
{time} 1715
I want to particularly highlight the embracing of all women,
including women of Indian descent, Native Americans. Violence against
Native American women is very important in this legislation. Might I
also say that I am very pleased that the COPS program has been
reauthorized and the DNA lab and the DNA integrity process has been
promoted by this legislation because of the funding.
But let me emphasize language that has been offered in this
legislation, and I am very glad that we may ultimately get to this
understanding, the sense of Congress that we should look at
implementing a good time early release program.
Let me share with you the numbers of prisoners languishing in the
Federal system who are nonviolent. The cost for those who are in the
prison is $28,000, and the geriatric prisoners, 56 and over, who are
nonviolent are costing us $80,000 per prisoner. We could obviously in
the good time early release program language that is in this bill allow
these people to be released, and they would be gainfully employed and
utilize a process of what we call alternative sentencing.
Not only because they are incarcerated do we lose tax revenues, but
we add entire families to the list of those receiving public
assistance. Not only the families, but the children. Statistics show as
many as 70 percent of those incarcerated had a parent incarcerated
before them. What would have happened if we would have released these
individuals who have had no violent history, they are nonviolent
persons incarcerated, to their families? In 2002 we saw 2 million
people in our jails; 650,000 are released from incarceration to
communities nationwide. These are the real statistics.
[[Page H12124]]
Recently, the American Bar Association issued their findings after
conducting extensive research and hearings surrounding today's
sentencing guidelines. In Federal prison alone we have over 179,000 men
and women incarcerated, of whom 85 percent are first-time, nonviolent
offenders.
Lengthy periods of incarceration should be reserved for offenders who
pose the greatest danger to the community and who commit the most
serious offenses. We have the opportunity to study this issue and do it
right. There are a number of legislative initiatives, such as Second
Chance.
But the idea of providing an opportunity for prisoners who are
nonviolent who have been on good time in the prison to be able to go
out to their families, to take their families off public assistance and
regain their dignity and invest in this United States by their work and
taxes, I think, is a very positive step on behalf of this legislative
initiative.
I hope my colleagues will join me, along with the Senate, on this
long overdue idea that there are people languishing in our prisons. I
hope we will support this legislation. It is a good, good piece of
legislation which has done a lot for the American people.
I first would like to commend Chairman Sensenbrenner for reasserting
the Judiciary Committee's jurisdiction over the Department of Justice
with this bill. In the past few years, the Department has become
increasingly resistant to congressional oversight, either refusing to
answer questions or answering them vaguely at best. Fortunately, we
worked together to address our concerns with the Department and arrived
at a bill I feel is a success.
An important piece of the bill is the reauthorization of the Violence
Against Women Act (VAWA) of 1994. This is the third time we have worked
on this bill, and each time we make dramatic improvements by using new
vehicles to tackle the issue. Building on work from previous years, the
Act reauthorizes some of the current programs that have proven
enormously effective, including the STOP program--which provides state
formula grants that help fund collaboration efforts between police and
prosecutors and victim services providers--and legal assistance for
victims. In addition, VAWA reauthorizes the grant program for legal
services for protection orders and related family, criminal,
immigration, administrative agency, and housing matters. It allows
victims of domestic violence, dating violence, stalking, and sexual
assault to obtain access to trained attorneys and lay advocacy
services, particularly pro bono legal services, when they require legal
assistance as a consequence of violence. This program has been expanded
to provide services to both adult and youth victims. Previously
authorized at $40,000,000 annually, funding is set at $65,000,000
annually for 2007 through 2011, to be administered by the Attorney
General. This provision also includes an amendment to ensure that all
legal services organizations can assist any victim of domestic
violence, sexual assault and trafficking without regard to the victim's
immigration status. The organizations can use any source of funding
they receive to provide legal assistance that is directly related to
overcoming the victimization, and preventing or obtaining relief for
the crime perpetrated against them that is often critical to promoting
victim safety.
Furthermore, VAWA's reauthorization creates a new and badly-needed
protections for victim information collected by federal agencies and
included in national databases by prohibiting grantees from disclosing
such information. It creates grant programs and specialized funding for
federal programs to develop ``best practices'' for ensuring victim
confidentiality and safety when law enforcement information (such as
protection order issuance) is included in federal and state databases.
It also provides technical assistance to aid states and other entities
in reviewing their laws to ensure that privacy protections and
technology issues are covered, such as electronic stalking, and
training for law enforcement on high tech electronic crimes against
women. It authorizes $5,000,000 per year for 2007 through 2011 to be
administered by the Department of Justice.
On the issue of cyberstalking, VAWA's reauthorization strengthens
stalking prosecution tools, by amending the Communications Act of 1934
(47 U.S.C. 223(h)(1)) to expand the definition of a telecommunications
device to include any device or software that uses the Internet and
possible Internet technologies such as voice over internet services.
This amendment will allow federal prosecutors more discretion in
charging stalking cases that occur entirely over the internet.
Before turning my attention to the Department of Justice
Reauthorization, let me note that VAWA reauthorization and expands the
existing education, training and services grant programs that address
violence against women in rural areas. This provision renews the rural
VAWA program, extends direct grants to state and local governments for
services in rural areas and expands purpose areas to include community
collaboration projects in rural areas and the creation or expansion of
additional victim services. New language expands the program coverage
to sexual assault, child sexual assault and stalking. It also expands
eligibility from rural states to rural communities, increasing access
to rural sections of otherwise highly populated states. This section
authorizes $55,000,000 annually for 2007 through 2011--it is currently
authorized at $40 million a year.
I am also pleased to see that the bill includes language on an issue
I feel very strongly about. Section 403 of the bill mandates the
Attorney General to award grants to states for carrying out public
awareness campaigns regarding domestic violence against pregnant women.
Violence against pregnant women can include a range of behaviors such
as hitting, pushing, kicking, sexually assaulting, using a weapon, and
threatening violence. Violence sometimes includes verbal or
psychological abuse, stalking, or enforced social isolation. Victims
are often subjected to repeated physical or psychological abuse. This
is a very serious issue and we must continue to make the world aware of
what these women are going through.
In terms of the Department of Justice the bill provides funding for
the various offices within the Department. In this regard, I would like
to note that it gives the Office of the Inspector General over $70
million for its responsibilities. In the past few years, the OIG has
been diligent in overseeing the Department's war on terrorism, issuing
reports on 9/11 detainees and pushing the Department to change its
procedures for handling terrorism suspects.
The bill reauthorizes the COPS office. We all know that this Clinton
Administration program has been increasingly vital in crime prevention
and crime solving. That is why COPS has received the praise of the
Fraternal Order of Police, the largest law enforcement organization in
the country. Local policing also is the backbone in our war on
terrorism, as community officers are more likely to know the witnesses
and more likely to be trusted by community residents who have
information about potential attacks. This bill provides over $1 billion
per year for this program.
The bill also includes language offered by Representative Adam Schiff
to require the Attorney General to report to Congress on the number of
persons detained on suspicion of terrorism. This is important because
the Department has thwarted congressional and judicial efforts to
obtain justification for terrorism detainees. The Department's Office
of the Inspector General found that the Department and its components
had abused terrorism suspects, pushing them into walls, leaving them in
legal limbo, and depriving them of access to family or counsel. With
these reports, elected representatives can better determine whether the
Department is overstepping its bounds again.
In addition, I thank the Chairman and Ranking Member for their
cooperation in incorporating the language of an amendment that I
offered that expresses a commitment of Congress to continue exploring
the benefits of granting ``good time release'' to non-violent federal
incarcerated persons. This is an initiative that I have pursued for a
long time and will continue until we make real progress. The language
of my amendment to this effect was passed in the 108th Congress as part
of H.R. 1829 and in the Subcommittee on Crime this Congress as H.R.
2965.
In essence, section 1190 expresses the sense of Congress that it is
important to study the concept of implementing good time release
policies in the federal prison system. When looking at this issue we
must ask ourselves how we expect our economy to survive when we
continue to incarcerate larger numbers of nonviolent, first-time
offenders, who pose no public safety risk. Cost per prisoner to
incarcerate in a federal prison is approximately $28,000 with geriatric
prisoners (55 years and older) costing as much as $80,000 per year.
Yet, the cost of community supervision or drug court supervision is in
the area of $3,000 to $5,000 per year. Furthermore, these prisoners
could otherwise be gainfully employed under an alternative sentence, we
not only lose tax revenues and add entire families to the list of those
receiving public assistance, but we shift the dollars being spent from
local and small businesses to those large industries handling the
federal contracts. In addition, we create an even larger group of
children more at risk to incarceration themselves. In addition
statistics show that as many as 70 percent of those incarcerated had a
parent incarcerated before them. The overall negative economic impact
is just as staggering as the destructive effect on families and
communities.
Before closing, it is important that I make note that the ABA issued
their findings after conducting extensive research and hearings
[[Page H12125]]
surrounding today's sentencing guidelines. In federal prison alone we
have over 179,000 men and women incarcerated of which 85 percent are
first time, nonviolent offenders. The ABA recommended: ``That states,
territories and the federal government ensure that sentencing systems
provide appropriate punishment without over-reliance on incarceration.
Lengthy periods of incarceration should be reserved for offenders who
pose the greatest danger to the community and who commit the most
serious offenses. Alternatives to incarceration should be provided when
offenders pose minimal risk to the community and appear likely to
benefit from rehabilitation efforts.''
Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the distinguished
gentlewoman from California (Ms. Solis), who is the head of the Women's
Caucus, and, as such, has worked hard for many years on this project.
Ms. SOLIS. Mr. Speaker, I thank our ranking member, and I thank
Chairman Sensenbrenner also for the opportunity to provide my strong
support of H.R. 3402, which includes a Violence against Women Act
reauthorization.
I want to also pay tribute to the Women's Caucus, the bipartisan
Women's Caucus. We heard from Ginny Brown-Waite, who also spoke, and we
worked very diligently on this issue, and also to the advocates
throughout the country who worked laboriously for the last year on
trying to seek amendments that could be provided and placed into this
piece of legislation.
I am very happy as cochair of the Congressional Caucus For Women's
Issues that we were able to work together. This is one fine
accomplishment that we can go home to our districts with.
I am proud to have been able to author two provisions that were
included in the final version of this very important act that will help
women of color and women who are victims of domestic violence. One
provision would provide an outreach campaign to attempt to service
those underserved communities where we find a disproportionate number
of women who are not in the forefront in terms of receiving this kind
of information about prevention activities and domestic violence, and
also with respect to court assistance. Because when women enter into
the court, sometimes that court system is not very friendly, and it can
be very intimidating. So I am very pleased we were able to get that
provision also in the bill.
Women of color, as you know, are less likely to report incidents of
domestic violence, and particularly immigrant women are even at a
greater disadvantage when they are found to be in an abusive situation.
Many times their spouses or loved ones will intimidate them with
reporting them to the immigration to be deported. So we know that this
legislation will go very far in providing protections for these women
and their families.
By addressing domestic violence in communities of color in a way that
understands their culture and language and values, we greatly increase
the chances of making a difference, not only in the lives of women but
of their children and also other family members.
Mr. Speaker, I thank again the ranking member, Mr. Conyers, Chairman
Sensenbrenner, and their staffs for working with us on a bipartisan
level to help to provide a comprehensive Violence Against Women Act
reauthorization. I urge all my colleagues today to support H.R. 3402
and put an end to domestic violence against women in our country.
Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, this is an example of the fact that there is bipartisan
and bicameral cooperation in this Capitol. I think that the news media
would kind of like to ignore the fact that sometimes we do get
something done around here and do get something done that is good and
that everybody agrees is good.
So in wishing everybody a merry christmas, happy new year, or happy
holiday season, as the case may be, I would like to wish the news media
equal joy and hope that they report the fact that we did do something
that was really very difficult to accomplish in reauthorizing the
Violence against Women Act and passing only the second reauthorization
of Justice Department programs since 1980.
Ms. PRYCE of Ohio. Mr. Speaker, the bill before us today reauthorizes
a historic piece of legislation first enacted in 1994. The Violence
Against Women Act has served as the major source of federal funding for
programs to reduce rape, stalking, and domestic violence.
Since this legislation was enacted, we have seen dramatic increases
in the resources available to victims of exploitation and abuse. Since
1995, states have passed more than 600 laws to combat domestic
violence, sexual assault, and stalking, and all states have passed laws
making stalking a crime. Since 1996, the National Domestic Violence
Hotline has answered over 1 million calls. It receives over 16,000
calls a month and provides access to translators in almost 140
languages.
Hundreds of companies have joined the fight against abuse and created
programs to help victims of violence. Despite this tremendous progress,
however, there is much more work to be done to end domestic violence.
Today's reauthorization extends key provisions of the original
Violence Against Women Act and provides new tools to combat domestic
violence, dating violence, sexual assault, and stalking. It also
provides new tools to combat violence against children and youth.
Mr. Speaker, violence against women and children destroys the roots
of society. Every one of us has a moral obligation to fight this evil
and protect its victims. I urge my colleagues to stand up for the
innocent and support the bill.
Mr. SMITH of Texas. Mr. Speaker, the Bureau of Justice Assistance has
acquired considerable expertise in the administration of the Public
Safety Officers' Benefits Act since its enactment in 1976, and courts
have properly accorded the Bureau's interpretations of the Act great
deference.
Among other things, H.R. 3402 clarifies statutory provisions relating
to the requirements that ``rescue squad or ambulance crew'' members be
public employees, and that ``enforcement of the laws'' refers to the
criminal laws, by making the text conform more clearly to the
legislative intention, which has been correctly reflected in the
Bureau's longstanding interpretation of the Act.
These clarifying changes should not be understood to effect any
substantive change in the Act, as interpreted by the Bureau.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Boozman). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and concur in the Senate amendment to the bill,
H.R. 3402.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
____________________