[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[Senate]
[Pages 28961-29037]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2680. Mr. LOTT (for Mr. Grassley (for himself, Mr. Baucus, Mr. 
Lott, Ms. Landrieu, Mr. Vitter, Mr. Cochran, and Mr. Shelby) proposed 
an amendment to the bill H.R. 4440, to amend the Internal Revenue Code 
of 1986 to provide tax benefits for the Gulf Opportunity Zone and 
certain areas affected by Hurricanes Rita and Wilma, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Gulf 
     Opportunity Zone Act of 2005''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; etc.

            TITLE I--ESTABLISHMENT OF GULF OPPORTUNITY ZONE

Sec. 101. Tax benefits for Gulf Opportunity Zone.
Sec. 102. Expansion of Hope Scholarship and Lifetime Learning Credit 
              for students in the Gulf Opportunity Zone.
Sec. 103. Housing relief for individuals affected by Hurricane Katrina.
Sec. 104. Extension of special rules for mortgage revenue bonds.
Sec. 105. Special extension of bonus depreciation placed in service 
              date for taxpayers affected by Hurricanes Katrina, Rita, 
              and Wilma.

      TITLE II--TAX BENEFITS RELATED TO HURRICANES RITA AND WILMA

Sec. 201. Extension of certain emergency tax relief for Hurricane 
              Katrina to Hurricanes Rita and Wilma.

                      TITLE III--OTHER PROVISIONS

Sec. 301. Gulf Coast Recovery Bonds.
Sec. 302. Election to include combat pay as earned income for purposes 
              of earned income credit.
Sec. 303. Modification of effective date of exception from suspension 
              rules for certain listed and reportable transactions.
Sec. 304. Authority for undercover operations.
Sec. 305. Disclosures of certain tax return information.

                          TITLE IV--TECHNICALS

                       Subtitle A--Tax Technicals

Sec.  401. Short title.
Sec.  402. Amendments related to Energy Policy Act of 2005.
Sec.  403. Amendments related to the American Jobs Creation Act of 
              2004.
Sec.  404. Amendments related to the Working Families Tax Relief Act of 
              2004.

[[Page 28962]]

Sec.  405. Amendments related to the Jobs and Growth Tax Relief 
              Reconciliation Act of 2003.
Sec.  406. Amendment related to the Victims of Terrorism Tax Relief Act 
              of 2001.
Sec.  407. Amendments related to the Economic Growth and Tax Relief 
              Reconciliation Act of 2001.
Sec.  408. Amendments related to the Internal Revenue Service 
              Restructuring and Reform Act of 1998.
Sec.  409. Amendments related to the Taxpayer Relief Act of 1997.
Sec.  410. Amendment related to the Omnibus Budget Reconciliation Act 
              of 1990.
Sec.  411. Amendment related to the Omnibus Budget Reconciliation Act 
              of 1987.
Sec.  412. Clerical corrections.
Sec.  413. Other corrections related to the American Jobs Creation Act 
              of 2004.

                      Subtitle B--Trade Technicals

Sec. 421. Technical corrections to regional value content methods for 
              rules of origin under Public Law 109-53.

                     TITLE V--EMERGENCY REQUIREMENT

Sec. 501. Emergency requirement.

            TITLE I--ESTABLISHMENT OF GULF OPPORTUNITY ZONE

     SEC. 101. TAX BENEFITS FOR GULF OPPORTUNITY ZONE.

       (a) In General.--Subchapter Y of chapter 1 is amended by 
     adding at the end the following new part:

                  ``PART II--TAX BENEFITS FOR GO ZONES

``Sec.  1400M. Definitions. 
``Sec.  1400N. Tax benefits for Gulf Opportunity Zone.

     ``SEC. 1400M. DEFINITIONS.

       ``For purposes of this part--
       ``(1) Gulf opportunity zone.--The terms `Gulf Opportunity 
     Zone' and `GO Zone' mean that portion of the Hurricane 
     Katrina disaster area determined by the President to warrant 
     individual or individual and public assistance from the 
     Federal Government under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act by reason of Hurricane 
     Katrina.
       ``(2) Hurricane katrina disaster area.--The term `Hurricane 
     Katrina disaster area' means an area with respect to which a 
     major disaster has been declared by the President before 
     September 14, 2005, under section 401 of such Act by reason 
     of Hurricane Katrina.
       ``(3) Rita go zone.--The term `Rita GO Zone' means that 
     portion of the Hurricane Rita disaster area determined by the 
     President to warrant individual or individual and public 
     assistance from the Federal Government under such Act by 
     reason of Hurricane Rita.
       ``(4) Hurricane rita disaster area.--The term `Hurricane 
     Rita disaster area' means an area with respect to which a 
     major disaster has been declared by the President before 
     October 6, 2005, under section 401 of such Act by reason of 
     Hurricane Rita.
       ``(5) Wilma go zone.--The term `Wilma GO Zone' means that 
     portion of the Hurricane Wilma disaster area determined by 
     the President to warrant individual or individual and public 
     assistance from the Federal Government under such Act by 
     reason of Hurricane Wilma.
       ``(6) Hurricane wilma disaster area.--The term `Hurricane 
     Wilma disaster area' means an area with respect to which a 
     major disaster has been declared by the President before 
     November 14, 2005, under section 401 of such Act by reason of 
     Hurricane Wilma.

     ``SEC. 1400N. TAX BENEFITS FOR GULF OPPORTUNITY ZONE.

       ``(a) Tax-Exempt Bond Financing.--
       ``(1) In general.--For purposes of this title--
       ``(A) any qualified Gulf Opportunity Zone Bond described in 
     paragraph (2)(A)(i) shall be treated as an exempt facility 
     bond, and
       ``(B) any qualified Gulf Opportunity Zone Bond described in 
     paragraph (2)(A)(ii) shall be treated as a qualified mortgage 
     bond.
       ``(2) Qualified gulf opportunity zone bond.--For purposes 
     of this subsection, the term `qualified Gulf Opportunity Zone 
     Bond' means any bond issued as part of an issue if--
       ``(A)(i) 95 percent or more of the net proceeds (as defined 
     in section 150(a)(3)) of such issue are to be used for 
     qualified project costs, or
       ``(ii) such issue meets the requirements of a qualified 
     mortgage issue, except as otherwise provided in this 
     subsection,
       ``(B) such bond is issued by the State of Alabama, 
     Louisiana, or Mississippi, or any political subdivision 
     thereof,
       ``(C) such bond is designated for purposes of this section 
     by--
       ``(i) in the case of a bond which is required under State 
     law to be approved by the bond commission of such State, such 
     bond commission, and
       ``(ii) in the case of any other bond, the Governor of such 
     State,
       ``(D) such bond is issued after the date of the enactment 
     of this section and before January 1, 2011, and
       ``(E) no portion of the proceeds of such issue is to be 
     used to provide any property described in section 
     144(c)(6)(B).
       ``(3) Limitations on bonds.--
       ``(A) Aggregate amount designated.--The maximum aggregate 
     face amount of bonds which may be designated under this 
     subsection with respect to any State shall not exceed the 
     product of $2,500 multiplied by the portion of the State 
     population which is in the Gulf Opportunity Zone (as 
     determined on the basis of the most recent census estimate of 
     resident population released by the Bureau of Census before 
     August 28, 2005).
       ``(B) Movable property.--No bonds shall be issued which are 
     to be used for movable fixtures and equipment.
       ``(4) Qualified project costs.--For purposes of this 
     subsection, the term `qualified project costs' means--
       ``(A) the cost of any qualified residential rental project 
     (as defined in section 142(d)) located in the Gulf 
     Opportunity Zone, and
       ``(B) the cost of acquisition, construction, 
     reconstruction, and renovation of--
       ``(i) nonresidential real property (including fixed 
     improvements associated with such property) located in the 
     Gulf Opportunity Zone, and
       ``(ii) public utility property (as defined in section 
     168(i)(10)) located in the Gulf Opportunity Zone.
       ``(5) Special rules.--In applying this title to any 
     qualified Gulf Opportunity Zone Bond, the following 
     modifications shall apply:
       ``(A) Section 142(d)(1) (defining qualified residential 
     rental project) shall be applied--
       ``(i) by substituting `60 percent' for `50 percent' in 
     subparagraph (A) thereof, and
       ``(ii) by substituting `70 percent' for `60 percent' in 
     subparagraph (B) thereof.
       ``(B) Section 143 (relating to mortgage revenue bonds: 
     qualified mortgage bond and qualified veterans' mortgage 
     bond) shall be applied--
       ``(i) only with respect to owner-occupied residences in the 
     Gulf Opportunity Zone,
       ``(ii) by treating any such residence in the Gulf 
     Opportunity Zone as a targeted area residence,
       ``(iii) by applying subsection (f)(3) thereof without 
     regard to subparagraph (A) thereof, and
       ``(iv) by substituting `$150,000' for `$15,000' in 
     subsection (k)(4) thereof.
       ``(C) Except as provided in section 143, repayments of 
     principal on financing provided by the issue of which such 
     bond is a part may not be used to provide financing.
       ``(D) Section 146 (relating to volume cap) shall not apply.
       ``(E) Section 147(d)(2) (relating to acquisition of 
     existing property not permitted) shall be applied by 
     substituting `50 percent' for `15 percent' each place it 
     appears.
       ``(F) Section 148(f)(4)(C) (relating to exception from 
     rebate for certain proceeds to be used to finance 
     construction expenditures) shall apply to the available 
     construction proceeds of bonds which are part of an issue 
     described in paragraph (2)(A)(i).
       ``(G) Section 57(a)(5) (relating to tax-exempt interest) 
     shall not apply.
       ``(6) Separate issue treatment of portions of an issue.--
     This subsection shall not apply to the portion of an issue 
     which (if issued as a separate issue) would be treated as a 
     qualified bond or as a bond that is not a private activity 
     bond (determined without regard to paragraph (1)), if the 
     issuer elects to so treat such portion.
       ``(b) Advance Refundings of Certain Tax-Exempt Bonds.--
       ``(1) In general.--With respect to a bond described in 
     paragraph (3), one additional advance refunding after the 
     date of the enactment of this section and before January 1, 
     2011, shall be allowed under the applicable rules of section 
     149(d) if--
       ``(A) the Governor of the State designates the advance 
     refunding bond for purposes of this subsection, and
       ``(B) the requirements of paragraph (5) are met.
       ``(2) Certain private activity bonds.--With respect to a 
     bond described in paragraph (3) which is an exempt facility 
     bond described in paragraph (1) or (2) of section 142(a), one 
     advance refunding after the date of the enactment of this 
     section and before January 1, 2011, shall be allowed under 
     the applicable rules of section 149(d) (notwithstanding 
     paragraph (2) thereof) if the requirements of subparagraphs 
     (A) and (B) of paragraph (1) are met.
       ``(3) Bonds described.--A bond is described in this 
     paragraph if such bond was outstanding on August 28, 2005, 
     and is issued by the State of Alabama, Louisiana, or 
     Mississippi, or a political subdivision thereof.
       ``(4) Aggregate limit.--The maximum aggregate face amount 
     of bonds which may be designated under this subsection by the 
     Governor of a State shall not exceed--
       ``(A) $4,500,000,000 in the case of the State of Louisiana,
       ``(B) $2,250,000,000 in the case of the State of 
     Mississippi, and
       ``(C) $1,125,000,000 in the case of the State of Alabama.
       ``(5) Additional requirements.--The requirements of this 
     paragraph are met with respect to any advance refunding of a 
     bond described in paragraph (3) if--
       ``(A) no advance refundings of such bond would be allowed 
     under this title on or after August 28, 2005,

[[Page 28963]]

       ``(B) the advance refunding bond is the only other 
     outstanding bond with respect to the refunded bond, and
       ``(C) the requirements of section 148 are met with respect 
     to all bonds issued under this subsection.
       ``(6) Use of proceeds requirement.--This subsection shall 
     not apply to any advance refunding of a bond which is issued 
     as part of an issue if any portion of the proceeds of such 
     issue (or any prior issue) was (or is to be) used to provide 
     any property described in section 144(c)(6)(B).
       ``(c) Low-Income Housing Credit.--
       ``(1) Additional housing credit dollar amount for gulf 
     opportunity zone.--
       ``(A) In general.--For purposes of section 42, in the case 
     of calendar years 2006, 2007, and 2008, the State housing 
     credit ceiling of each State, any portion of which is located 
     in the Gulf Opportunity Zone, shall be increased by the 
     lesser of--
       ``(i) the aggregate housing credit dollar amount allocated 
     by the State housing credit agency of such State to buildings 
     located in the Gulf Opportunity Zone for such calendar year, 
     or
       ``(ii) the Gulf Opportunity housing amount for such State 
     for such calendar year.
       ``(B) Gulf opportunity housing amount.--For purposes of 
     subparagraph (A), the term `Gulf Opportunity housing amount' 
     means, for any calendar year, the amount equal to the product 
     of $18.00 multiplied by the portion of the State population 
     which is in the Gulf Opportunity Zone (as determined on the 
     basis of the most recent census estimate of resident 
     population released by the Bureau of Census before August 28, 
     2005).
       ``(C) Allocations treated as made first from additional 
     allocation amount for purposes of determining carryover.--For 
     purposes of determining the unused State housing credit 
     ceiling under section 42(h)(3)(C) for any calendar year, any 
     increase in the State housing credit ceiling under 
     subparagraph (A) shall be treated as an amount described in 
     clause (ii) of such section.
       ``(2) Additional housing credit dollar amount for texas and 
     florida.--For purposes of section 42, in the case of calendar 
     year 2006, the State housing credit ceiling of Texas and 
     Florida shall each be increased by $3,500,000.
       ``(3) Difficult development area.--
       ``(A) In general.--For purposes of section 42, in the case 
     of property placed in service during 2006, 2007, or 2008, the 
     Gulf Opportunity Zone, the Rita GO Zone, and the Wilma GO 
     Zone--
       ``(i) shall be treated as difficult development areas 
     designated under subclause (I) of section 42(d)(5)(C)(iii), 
     and
       ``(ii) shall not be taken into account for purposes of 
     applying the limitation under subclause (II) of such section.
       ``(B) Application.--Subparagraph (A) shall apply only to--
       ``(i) housing credit dollar amounts allocated during the 
     period beginning on January 1, 2006, and ending on December 
     31, 2008, and
       ``(ii) buildings placed in service during such period to 
     the extent that paragraph (1) of section 42(h) does not apply 
     to any building by reason of paragraph (4) thereof, but only 
     with respect to bonds issued after December 31, 2005.
       ``(4) Special rule for applying income tests.--In the case 
     of property placed in service--
       ``(A) during 2006, 2007, or 2008,
       ``(B) in the Gulf Opportunity Zone, and
       ``(C) in a nonmetropolitan area (as defined in section 
     42(d)(5)(C)(iv)(IV)),

     section 42 shall be applied by substituting `national 
     nonmetropolitan median gross income (determined under rules 
     similar to the rules of section 142(d)(2)(B))' for `area 
     median gross income' in subparagraphs (A) and (B) of section 
     42(g)(1).
       ``(5) Definitions.--Any term used in this subsection which 
     is also used in section 42 shall have the same meaning as 
     when used in such section.
       ``(d) Special Allowance for Certain Property Acquired on or 
     After August 28, 2005.--
       ``(1) Additional allowance.--In the case of any qualified 
     Gulf Opportunity Zone property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 50 percent of the 
     adjusted basis of such property, and
       ``(B) the adjusted basis of the qualified Gulf Opportunity 
     Zone property shall be reduced by the amount of such 
     deduction before computing the amount otherwise allowable as 
     a depreciation deduction under this chapter for such taxable 
     year and any subsequent taxable year.
       ``(2) Qualified gulf opportunity zone property.--For 
     purposes of this subsection--
       ``(A) In general.--The term `qualified Gulf Opportunity 
     Zone property' means property--
       ``(i)(I) which is described in section 168(k)(2)(A)(i), or
       ``(II) which is nonresidential real property or residential 
     rental property,
       ``(ii) substantially all of the use of which is in the Gulf 
     Opportunity Zone and is in the active conduct of a trade or 
     business by the taxpayer in such Zone,
       ``(iii) the original use of which in the Gulf Opportunity 
     Zone commences with the taxpayer on or after August 28, 2005,
       ``(iv) which is acquired by the taxpayer by purchase (as 
     defined in section 179(d)) on or after August 28, 2005, but 
     only if no written binding contract for the acquisition was 
     in effect before August 28, 2005, and
       ``(v) which is placed in service by the taxpayer on or 
     before December 31, 2007 (December 31, 2008, in the case of 
     nonresidential real property and residential rental 
     property).
       ``(B) Exceptions.--
       ``(i) Alternative depreciation property.--Such term shall 
     not include any property described in section 
     168(k)(2)(D)(i).
       ``(ii) Tax-exempt bond-financed property.--Such term shall 
     not include any property any portion of which is financed 
     with the proceeds of any obligation the interest on which is 
     exempt from tax under section 103.
       ``(iii) Qualified revitalization buildings.--Such term 
     shall not include any qualified revitalization building with 
     respect to which the taxpayer has elected the application of 
     paragraph (1) or (2) of section 1400I(a).
       ``(iv) Election out.--If a taxpayer makes an election under 
     this clause with respect to any class of property for any 
     taxable year, this subsection shall not apply to all property 
     in such class placed in service during such taxable year.
       ``(3) Special rules.--For purposes of this subsection, 
     rules similar to the rules of subparagraph (E) of section 
     168(k)(2) shall apply, except that such subparagraph shall be 
     applied--
       ``(A) by substituting `August 27, 2005' for `September 10, 
     2001' each place it appears therein,
       ``(B) by substituting `January 1, 2008' for `January 1, 
     2005' in clause (i) thereof, and
       ``(C) by substituting `qualified Gulf Opportunity Zone 
     property' for `qualified property' in clause (iv) thereof.
       ``(4) Allowance against alternative minimum tax.--For 
     purposes of this subsection, rules similar to the rules of 
     section 168(k)(2)(G) shall apply.
       ``(5) Recapture.--For purposes of this subsection, rules 
     similar to the rules under section 179(d)(10) shall apply 
     with respect to any qualified Gulf Opportunity Zone property 
     which ceases to be qualified Gulf Opportunity Zone property.
       ``(e) Increase in Expensing Under Section 179.--
       ``(1) In general.--For purposes of section 179--
       ``(A) the dollar amount in effect under section 179(b)(1) 
     for the taxable year shall be increased by the lesser of--
       ``(i) $100,000, or
       ``(ii) the cost of qualified section 179 Gulf Opportunity 
     Zone property placed in service during the taxable year, and
       ``(B) the dollar amount in effect under section 179(b)(2) 
     for the taxable year shall be increased by the lesser of--
       ``(i) $600,000, or
       ``(ii) the cost of qualified section 179 Gulf Opportunity 
     Zone property placed in service during the taxable year.
       ``(2) Qualified section 179 gulf opportunity zone 
     property.--For purposes of this subsection, the term 
     `qualified section 179 Gulf Opportunity Zone property' means 
     section 179 property (as defined in section 179(d)) which is 
     qualified Gulf Opportunity Zone property (as defined in 
     subsection (d)(2)).
       ``(3) Coordination with empowerment zones and renewal 
     communities.--For purposes of sections 1397A and 1400J, 
     qualified section 179 Gulf Opportunity Zone property shall 
     not be treated as qualified zone property or qualified 
     renewal property, unless the taxpayer elects not to take such 
     qualified section 179 Gulf Opportunity Zone property into 
     account for purposes of this subsection.
       ``(4) Recapture.--For purposes of this subsection, rules 
     similar to the rules under section 179(d)(10) shall apply 
     with respect to any qualified section 179 Gulf Opportunity 
     Zone property which ceases to be qualified section 179 Gulf 
     Opportunity Zone property.
       ``(f) Expensing for Certain Demolition and Clean-up 
     Costs.--
       ``(1) In general.--A taxpayer may elect to treat 50 percent 
     of any qualified Gulf Opportunity Zone clean-up cost as an 
     expense which is not chargeable to capital account. Any cost 
     so treated shall be allowed as a deduction for the taxable 
     year in which such cost is paid or incurred.
       ``(2) Qualified gulf opportunity zone clean-up cost.--For 
     purposes of this subsection, the term `qualified Gulf 
     Opportunity Zone clean-up cost' means any amount paid or 
     incurred during the period beginning on August 28, 2005, and 
     ending on December 31, 2007, for the removal of debris from, 
     or the demolition of structures on, real property which is 
     located in the Gulf Opportunity Zone and which is--
       ``(A) held by the taxpayer for use in a trade or business 
     or for the production of income, or
       ``(B) property described in section 1221(a)(1) in the hands 
     of the taxpayer.


[[Page 28964]]


     For purposes of the preceding sentence, amounts paid or 
     incurred shall be taken into account only to the extent that 
     such amount would (but for paragraph (1)) be chargeable to 
     capital account.
       ``(g) Extension of Expensing for Environmental Remediation 
     Costs.--With respect to any qualified environmental 
     remediation expenditure (as defined in section 198(b)) paid 
     or incurred on or after August 28, 2005, in connection with a 
     qualified contaminated site located in the Gulf Opportunity 
     Zone, section 198 (relating to expensing of environmental 
     remediation costs) shall be applied--
       ``(1) in the case of expenditures paid or incurred on or 
     after August 28, 2005, and before January 1, 2008, by 
     substituting `December 31, 2007' for the date contained in 
     section 198(h), and
       ``(2) except as provided in section 198(d)(2), by treating 
     petroleum products (as defined in section 4612(a)(3)) as a 
     hazardous substance.
       ``(h) Increase in Rehabilitation Credit.--In the case of 
     qualified rehabilitation expenditures (as defined in section 
     47(c)) paid or incurred during the period beginning on August 
     28, 2005, and ending on December 31, 2008, with respect to 
     any qualified rehabilitated building or certified historic 
     structure (as defined in section 47(c)) located in the Gulf 
     Opportunity Zone, subsection (a) of section 47 (relating to 
     rehabilitation credit) shall be applied--
       ``(1) by substituting `13 percent' for `10 percent' in 
     paragraph (1) thereof, and
       ``(2) by substituting `26 percent' for `20 percent' in 
     paragraph (2) thereof.
       ``(i) Special Rules for Small Timber Producers.--
       ``(1) Increased expensing for qualified timber property.--
     In the case of qualified timber property any portion of which 
     is located in the Gulf Opportunity Zone, in that portion of 
     the Rita GO Zone which is not part of the Gulf Opportunity 
     Zone, or in the Wilma GO Zone, the limitation under 
     subparagraph (B) of section 194(b)(1) shall be increased by 
     the lesser of--
       ``(A) the limitation which would (but for this subsection) 
     apply under such subparagraph, or
       ``(B) the amount of reforestation expenditures (as defined 
     in section 194(c)(3)) paid or incurred by the taxpayer with 
     respect to such qualified timber property during the 
     specified portion of the taxable year.
       ``(2) 5 year nol carryback of certain timber losses.--For 
     purposes of determining any farming loss under section 
     172(i), income and deductions which are allocable to the 
     specified portion of the taxable year and which are 
     attributable to qualified timber property any portion of 
     which is located in the Gulf Opportunity Zone, in that 
     portion of the Rita GO Zone which is not part of the Gulf 
     Opportunity Zone, or in the Wilma GO Zone shall be treated as 
     attributable to farming businesses.
       ``(3) Rules not applicable to certain entities.--Paragraphs 
     (1) and (2) shall not apply to any taxpayer which--
       ``(A) is a corporation the stock of which is publicly 
     traded on an established securities market, or
       ``(B) is a real estate investment trust.
       ``(4) Rules not applicable to large timber producers.--
       ``(A) Expensing.--Paragraph (1) shall not apply to any 
     taxpayer if such taxpayer holds more than 500 acres of 
     qualified timber property at any time during the taxable 
     year.
       ``(B) NOL carryback.--Paragraph (2) shall not apply with 
     respect to any qualified timber property unless--
       ``(i) such property was held by the taxpayer--

       ``(I) on August 28, 2005, in the case of qualified timber 
     property any portion of which is located in the Gulf 
     Opportunity Zone,
       ``(II) on September 23, 2005, in the case of qualified 
     timber property (other than property described in subclause 
     (I)) any portion of which is located in that portion of the 
     Rita GO Zone which is not part of the Gulf Opportunity Zone, 
     or
       ``(III) on October 23, 2005, in the case of qualified 
     timber property (other than property described in subclause 
     (I) or (II)) any portion of which is located in the Wilma GO 
     Zone, and

       ``(ii) such taxpayer held not more than 500 acres of 
     qualified timber property on such date.
       ``(5) Definitions.--For purposes of this subsection--
       ``(A) Specified portion.--
       ``(i) In general.--The term `specified portion' means--

       ``(I) in the case of qualified timber property any portion 
     of which is located in the Gulf Opportunity Zone, that 
     portion of the taxable year which is on or after August 28, 
     2005, and before the termination date,
       ``(II) in the case of qualified timber property (other than 
     property described in clause (i)) any portion of which is 
     located in the Rita GO Zone, that portion of the taxable year 
     which is on or after September 23, 2005, and before the 
     termination date, or
       ``(III) in the case of qualified timber property (other 
     than property described in clause (i) or (ii)) any portion of 
     which is located in the Wilma GO Zone, that portion of the 
     taxable year which is on or after October 23, 2005, and 
     before the termination date.

       ``(ii) Termination date.--The term `termination date' 
     means--

       ``(I) for purposes of paragraph (1), January 1, 2008, and
       ``(II) for purposes of paragraph (2), January 1, 2007.

       ``(B) Qualified timber property.--The term `qualified 
     timber property' has the meaning given such term in section 
     194(c)(1).
       ``(j) Special Rule for Gulf Opportunity Zone Public Utility 
     Casualty Losses.--
       ``(1) In general.--The amount described in section 
     172(f)(1)(A) for any taxable year shall be increased by the 
     Gulf Opportunity Zone public utility casualty loss for such 
     taxable year.
       ``(2) Gulf opportunity zone public utility casualty loss.--
     For purposes of this subsection, the term `Gulf Opportunity 
     Zone public utility casualty loss' means any casualty loss of 
     public utility property (as defined in section 168(i)(10)) 
     located in the Gulf Opportunity Zone if--
       ``(A) such loss is allowed as a deduction under section 165 
     for the taxable year,
       ``(B) such loss is by reason of Hurricane Katrina, and
       ``(C) the taxpayer elects the application of this 
     subsection with respect to such loss.
       ``(3) Reduction for gains from involuntary conversion.--The 
     amount of any Gulf Opportunity Zone public utility casualty 
     loss which would (but for this paragraph) be taken into 
     account under paragraph (1) for any taxable year shall be 
     reduced by the amount of any gain recognized by the taxpayer 
     for such year from the involuntary conversion by reason of 
     Hurricane Katrina of public utility property (as so defined) 
     located in the Gulf Opportunity Zone.
       ``(4) Coordination with general disaster loss rules.--
     Subsection (k) and section 165(i) shall not apply to any Gulf 
     Opportunity Zone public utility casualty loss to the extent 
     such loss is taken into account under paragraph (1).
       ``(5) Election.--Any election under paragraph (2)(C) shall 
     be made in such manner as may be prescribed by the Secretary 
     and shall be made by the due date (including extensions of 
     time) for filing the taxpayer's return for the taxable year 
     of the loss. Such election, once made for any taxable year, 
     shall be irrevocable for such taxable year.
       ``(k) Treatment of Net Operating Losses Attributable to 
     Gulf Opportunity Zone Losses.--
       ``(1) In general.--If a portion of any net operating loss 
     of the taxpayer for any taxable year is a qualified Gulf 
     Opportunity Zone loss, the following rules shall apply:
       ``(A) Extension of carryback period.--Section 172(b)(1) 
     shall be applied with respect to such portion--
       ``(i) by substituting `5 taxable years' for `2 taxable 
     years' in subparagraph (A)(i), and
       ``(ii) by not taking such portion into account in 
     determining any eligible loss of the taxpayer under 
     subparagraph (F) thereof for the taxable year.
       ``(B) Suspension of 90 percent amt limitation.--Section 
     56(d)(1) shall be applied by increasing the amount determined 
     under subparagraph (A)(ii)(I) thereof by the sum of the 
     carrybacks and carryovers of any net operating loss 
     attributable to such portion.
       ``(2) Qualified gulf opportunity zone loss.--For purposes 
     of paragraph (1), the term `qualified Gulf Opportunity Zone 
     loss' means the lesser of--
       ``(A) the excess of--
       ``(i) the net operating loss for such taxable year, over
       ``(ii) the specified liability loss for such taxable year 
     to which a 10-year carryback applies under section 
     172(b)(1)(C), or
       ``(B) the aggregate amount of the following deductions to 
     the extent taken into account in computing the net operating 
     loss for such taxable year:
       ``(i) Any deduction for any qualified Gulf Opportunity Zone 
     casualty loss.
       ``(ii) Any deduction for moving expenses paid or incurred 
     after August 27, 2005, and before January 1, 2008, and 
     allowable under this chapter to any taxpayer in connection 
     with the employment of any individual--

       ``(I) whose principal place of abode was located in the 
     Gulf Opportunity Zone before August 28, 2005,
       ``(II) who was unable to remain in such abode as the result 
     of Hurricane Katrina, and
       ``(III) whose principal place of employment with the 
     taxpayer after such expense is located in the Gulf 
     Opportunity Zone.

     For purposes of this clause, the term `moving expenses' has 
     the meaning given such term by section 217(b), except that 
     the taxpayer's former residence and new residence may be the 
     same residence if the initial vacating of the residence was 
     as the result of Hurricane Katrina.
       ``(iii) Any deduction allowable under this chapter for 
     expenses paid or incurred after August 27, 2005, and before 
     January 1, 2008, to temporarily house any employee of the 
     taxpayer whose principal place of employment is in the Gulf 
     Opportunity Zone.
       ``(iv) Any deduction for depreciation (or amortization in 
     lieu of depreciation) allowable under this chapter with 
     respect to any qualified Gulf Opportunity Zone property (as 
     defined in subsection (d)(2), but without regard to 
     subparagraph (B)(iv) thereof)) for the taxable year such 
     property is placed in service.

[[Page 28965]]

       ``(v) Any deduction allowable under this chapter for repair 
     expenses (including expenses for removal of debris) paid or 
     incurred after August 27, 2005, and before January 1, 2008, 
     with respect to any damage attributable to Hurricane Katrina 
     and in connection with property which is located in the Gulf 
     Opportunity Zone.
       ``(3) Qualified gulf opportunity zone casualty loss.--
       ``(A) In general.--For purposes of paragraph (2)(B)(i), the 
     term `qualified Gulf Opportunity Zone casualty loss' means 
     any uncompensated section 1231 loss (as defined in section 
     1231(a)(3)(B)) of property located in the Gulf Opportunity 
     Zone if--
       ``(i) such loss is allowed as a deduction under section 165 
     for the taxable year, and
       ``(ii) such loss is by reason of Hurricane Katrina.
       ``(B) Reduction for gains from involuntary conversion.--The 
     amount of qualified Gulf Opportunity Zone casualty loss which 
     would (but for this subparagraph) be taken into account under 
     subparagraph (A) for any taxable year shall be reduced by the 
     amount of any gain recognized by the taxpayer for such year 
     from the involuntary conversion by reason of Hurricane 
     Katrina of property located in the Gulf Opportunity Zone.
       ``(C) Coordination with general disaster loss rules.--
     Section 165(i) shall not apply to any qualified Gulf 
     Opportunity Zone casualty loss to the extent such loss is 
     taken into account under this subsection.
       ``(4) Special rules.--For purposes of paragraph (1), rules 
     similar to the rules of paragraphs (2) and (3) of section 
     172(i) shall apply with respect to such portion.
       ``(l) Credit to Holders of Gulf Tax Credit Bonds.--
       ``(1) Allowance of credit.--If a taxpayer holds a Gulf tax 
     credit bond on one or more credit allowance dates of the bond 
     occurring during any taxable year, there shall be allowed as 
     a credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of the credits 
     determined under paragraph (2) with respect to such dates.
       ``(2) Amount of credit.--
       ``(A) In general.--The amount of the credit determined 
     under this paragraph with respect to any credit allowance 
     date for a Gulf tax credit bond is 25 percent of the annual 
     credit determined with respect to such bond.
       ``(B) Annual credit.--The annual credit determined with 
     respect to any Gulf tax credit bond is the product of--
       ``(i) the credit rate determined by the Secretary under 
     subparagraph (C) for the day on which such bond was sold, 
     multiplied by
       ``(ii) the outstanding face amount of the bond.
       ``(C) Determination.--For purposes of subparagraph (B), 
     with respect to any Gulf tax credit bond, the Secretary shall 
     determine daily or cause to be determined daily a credit rate 
     which shall apply to the first day on which there is a 
     binding, written contract for the sale or exchange of the 
     bond. The credit rate for any day is the credit rate which 
     the Secretary or the Secretary's designee estimates will 
     permit the issuance of Gulf tax credit bonds with a specified 
     maturity or redemption date without discount and without 
     interest cost to the issuer.
       ``(D) Credit allowance date.--For purposes of this 
     subsection, the term `credit allowance date' means March 15, 
     June 15, September 15, and December 15. Such term also 
     includes the last day on which the bond is outstanding.
       ``(E) Special rule for issuance and redemption.--In the 
     case of a bond which is issued during the 3-month period 
     ending on a credit allowance date, the amount of the credit 
     determined under this paragraph with respect to such credit 
     allowance date shall be a ratable portion of the credit 
     otherwise determined based on the portion of the 3-month 
     period during which the bond is outstanding. A similar rule 
     shall apply when the bond is redeemed or matures.
       ``(3) Limitation based on amount of tax.--The credit 
     allowed under paragraph (1) for any taxable year shall not 
     exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under part IV of 
     subchapter A (other than subpart C and this subsection).
       ``(4) Gulf tax credit bond.--For purposes of this 
     subsection--
       ``(A) In general.--The term `Gulf tax credit bond' means 
     any bond issued as part of an issue if--
       ``(i) the bond is issued by the State of Alabama, 
     Louisiana, or Mississippi,
       ``(ii) 95 percent or more of the proceeds of such issue are 
     to be used to--

       ``(I) pay principal, interest, or premiums on qualified 
     bonds issued by such State or any political subdivision of 
     such State, or
       ``(II) make a loan to any political subdivision of such 
     State to pay principal, interest, or premiums on qualified 
     bonds issued by such political subdivision,

       ``(iii) the Governor of such State designates such bond for 
     purposes of this subsection,
       ``(iv) the bond is a general obligation of such State and 
     is in registered form (within the meaning of section 149(a)),
       ``(v) the maturity of such bond does not exceed 2 years, 
     and
       ``(vi) the bond is issued after December 31, 2005, and 
     before January 1, 2007.
       ``(B) State matching requirement.--A bond shall not be 
     treated as a Gulf tax credit bond unless--
       ``(i) the issuer of such bond pledges as of the date of the 
     issuance of the issue an amount equal to the face amount of 
     such bond to be used for payments described in subclause (I) 
     of subparagraph (A)(ii), or loans described in subclause (II) 
     of such subparagraph, as the case may be, with respect to the 
     issue of which such bond is a part, and
       ``(ii) any such payment or loan is made in equal amounts 
     from the proceeds of such issue and from the amount pledged 
     under clause (i).

     The requirement of clause (ii) shall be treated as met with 
     respect to any such payment or loan made during the 1-year 
     period beginning on the date of the issuance (or any 
     successor 1-year period) if such requirement is met when 
     applied with respect to the aggregate amount of such payments 
     and loans made during such period.
       ``(C) Aggregate limit on bond designations.--The maximum 
     aggregate face amount of bonds which may be designated under 
     this subsection by the Governor of a State shall not exceed--
       ``(i) $200,000,000 in the case of the State of Louisiana,
       ``(ii) $100,000,000 in the case of the State of 
     Mississippi, and
       ``(iii) $50,000,000 in the case of the State of Alabama.
       ``(D) Special rules relating to arbitrage.--A bond which is 
     part of an issue shall not be treated as a Gulf tax credit 
     bond unless, with respect to the issue of which the bond is a 
     part, the issuer satisfies the arbitrage requirements of 
     section 148 with respect to proceeds of the issue and any 
     loans made with such proceeds.
       ``(5) Qualified bond.--For purposes of this subsection--
       ``(A) In general.--The term `qualified bond' means any 
     obligation of a State or political subdivision thereof which 
     was outstanding on August 28, 2005.
       ``(B) Exception for private activity bonds.--Such term 
     shall not include any private activity bond.
       ``(C) Exception for advance refundings.--Such term shall 
     not include any bond with respect to which there is any 
     outstanding refunded or refunding bond during the period in 
     which a Gulf tax credit bond is outstanding with respect to 
     such bond.
       ``(D) Use of proceeds requirement.--Such term shall not 
     include any bond issued as part of an issue if any portion of 
     the proceeds of such issue was (or is to be) used to provide 
     any property described in section 144(c)(6)(B).
       ``(6) Credit included in gross income.--Gross income 
     includes the amount of the credit allowed to the taxpayer 
     under this subsection (determined without regard to paragraph 
     (3)) and the amount so included shall be treated as interest 
     income.
       ``(7) Other definitions and special rules.--For purposes of 
     this subsection--
       ``(A) Bond.--The term `bond' includes any obligation.
       ``(B)  Partnership; s corporation; and other pass-thru 
     entities.--
       ``(i) In general.--Under regulations prescribed by the 
     Secretary, in the case of a partnership, trust, S 
     corporation, or other pass-thru entity, rules similar to the 
     rules of section 41(g) shall apply with respect to the credit 
     allowable under paragraph (1).
       ``(ii) No basis adjustment.--In the case of a bond held by 
     a partnership or an S corporation, rules similar to the rules 
     under section 1397E(i) shall apply.
       ``(C) Bonds held by regulated investment companies.--If any 
     Gulf tax credit bond is held by a regulated investment 
     company, the credit determined under paragraph (1) shall be 
     allowed to shareholders of such company under procedures 
     prescribed by the Secretary.
       ``(D) Reporting.--Issuers of Gulf tax credit bonds shall 
     submit reports similar to the reports required under section 
     149(e).
       ``(E) Credit treated as nonrefundable bondholder credit.--
     For purposes of this title, the credit allowed by this 
     subsection shall be treated as a credit allowable under 
     subpart H of part IV of subchapter A of this chapter.
       ``(m) Application of New Markets Tax Credit to Investments 
     in Community Development Entities Serving Gulf Opportunity 
     Zone.--For purposes of section 45D--
       ``(1) a qualified community development entity shall be 
     eligible for an allocation under subsection (f)(2) thereof of 
     the increase in the new markets tax credit limitation 
     described in paragraph (2) only if a significant mission of 
     such entity is the recovery and redevelopment of the Gulf 
     Opportunity Zone,
       ``(2) the new markets tax credit limitation otherwise 
     determined under subsection (f)(1) thereof shall be increased 
     by an amount equal to--
       ``(A) $300,000,000 for 2005 and 2006, to be allocated among 
     qualified community development entities to make qualified 
     low-income community investments within the Gulf Opportunity 
     Zone, and
       ``(B) $400,000,000 for 2007, to be so allocated, and

[[Page 28966]]

       ``(3) subsection (f)(3) thereof shall be applied separately 
     with respect to the amount of the increase under paragraph 
     (2).
       ``(n) Treatment of Representations Regarding Income 
     Eligibility for Purposes of Qualified Residential Rental 
     Project Requirements.--For purposes of determining if any 
     residential rental project meets the requirements of section 
     142(d)(1) and if any certification with respect to such 
     project meets the requirements under section 142(d)(7), the 
     operator of the project may rely on the representations of 
     any individual applying for tenancy in such project that such 
     individual's income will not exceed the applicable income 
     limits of section 142(d)(1) upon commencement of the 
     individual's tenancy if such tenancy begins during the 6-
     month period beginning on and after the date such individual 
     was displaced by reason of Hurricane Katrina.
       ``(o) Treatment of Public Utility Property Disaster 
     Losses.--
       ``(1) In general.--Upon the election of the taxpayer, in 
     the case of any eligible public utility property loss--
       ``(A) section 165(i) shall be applied by substituting `the 
     fifth taxable year immediately preceding' for `the taxable 
     year immediately preceding',
       ``(B) an application for a tentative carryback adjustment 
     of the tax for any prior taxable year affected by the 
     application of subparagraph (A) may be made under section 
     6411, and
       ``(C) section 6611 shall not apply to any overpayment 
     attributable to such loss.
       ``(2) Eligible public utility property loss.--For purposes 
     of this subsection--
       ``(A) In general.--The term `eligible public utility 
     property loss' means any loss with respect to public utility 
     property located in the Gulf Opportunity Zone and 
     attributable to Hurricane Katrina.
       ``(B) Public utility property.--The term `public utility 
     property' has the meaning given such term by section 
     168(i)(10) without regard to the matter following 
     subparagraph (D) thereof.
       ``(3) Waiver of limitations.--If refund or credit of any 
     overpayment of tax resulting from the application of 
     paragraph (1) is prevented at any time before the close of 
     the 1-year period beginning on the date of the enactment of 
     this section by the operation of any law or rule of law 
     (including res judicata), such refund or credit may 
     nevertheless be made or allowed if claim therefor is filed 
     before the close of such period.
       ``(p) Tax Benefits Not Available With Respect to Certain 
     Property.--
       ``(1) Qualified Gulf Opportunity Zone property.--For 
     purposes of subsections (d), (e), and (k)(2)(B)(iv), the term 
     `qualified Gulf Opportunity Zone property' shall not include 
     any property described in paragraph (3).
       ``(2) Qualified Gulf Opportunity Zone casualty losses.--For 
     purposes of subsection (k)(2)(B)(i), the term `qualified Gulf 
     Opportunity Zone casualty loss' shall not include any loss 
     with respect to any property described in paragraph (3).
       ``(3) Property described.--
       ``(A) In general.--For purposes of this subsection, 
     property is described in this paragraph if such property is--
       ``(i) any property used in connection with any private or 
     commercial golf course, country club, massage parlor, hot tub 
     facility, suntan facility, or any store the principal 
     business of which is the sale of alcoholic beverages for 
     consumption off premises, or
       ``(ii) any gambling or animal racing property.
       ``(B) Gambling or animal racing property.--For purposes of 
     subparagraph (A)(ii)--
       ``(i) In general.--The term `gambling or animal racing 
     property' means--

       ``(I) any equipment, furniture, software, or other property 
     used directly in connection with gambling, the racing of 
     animals, or the on-site viewing of such racing, and
       ``(II) the portion of any real property (determined by 
     square footage) which is dedicated to gambling, the racing of 
     animals, or the on-site viewing of such racing.

       ``(ii) De minimis portion.--Clause (i)(II) shall not apply 
     to any real property if the portion so dedicated is less than 
     100 square feet.''.
       (b) Conforming Amendments.--
       (1) Paragraph (2) of section 54(c) is amended by inserting 
     ``, section 1400N(l),'' after ``subpart C''.
       (2) Subparagraph (A) of section 6049(d)(8) is amended--
       (A) by inserting ``or 1400N(l)(6)'' after ``section 
     54(g)'', and
       (B) by inserting ``or 1400N(l)(2)(D), as the case may be'' 
     after ``section 54(b)(4)''.
       (3) So much of subchapter Y of chapter 1 as precedes 
     section 1400L is amended to read as follows:

              ``Subchapter Y--Short-Term Regional Benefits

            ``Part I--Tax Benefits for New York Liberty Zone

                  ``Part II--Tax Benefits for GO Zones

            ``PART I--TAX BENEFITS FOR NEW YORK LIBERTY ZONE

``Sec.  1400L. Tax benefits for New York Liberty Zone.''.

       (4) The item relating to subchapter Y in the table of 
     subchapters for chapter 1 is amended to read as follows:


            ``Subchapter Y--Short-Term Regional Benefits''.

       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     ending on or after August 28, 2005.
       (2) Carrybacks.--Subsections (i)(2), (j), and (k) of 
     section 1400N of the Internal Revenue Code of 1986 (as added 
     by this section) shall apply to losses arising in such 
     taxable years.

     SEC. 102. EXPANSION OF HOPE SCHOLARSHIP AND LIFETIME LEARNING 
                   CREDIT FOR STUDENTS IN THE GULF OPPORTUNITY 
                   ZONE.

       (a) In General.--Part II of subchapter Y of chapter 1 (as 
     added by this Act) is amended by adding at the end the 
     following new section:

     ``SEC. 1400O. EDUCATION TAX BENEFITS.

       ``In the case of an individual who attends an eligible 
     educational institution (as defined in section 25A(f)(2)) 
     located in the Gulf Opportunity Zone for any taxable year 
     beginning during 2005 or 2006--
       ``(1) in applying section 25A, the term `qualified tuition 
     and related expenses' shall include any costs which are 
     qualified higher education expenses (as defined in section 
     529(e)(3)),
       ``(2) each of the dollar amounts in effect under of 
     subparagraphs (A) and (B) of section 25A(b)(1) shall be twice 
     the amount otherwise in effect before the application of this 
     subsection, and
       ``(3) section 25A(c)(1) shall be applied by substituting 
     `40 percent' for `20 percent'.''.
       (b) Conforming Amendment.--The table of sections for part 
     II of subchapter Y of chapter 1 is amended by adding at the 
     end the following new item:

``Sec.  1400O.Education tax benefits.''.

     SEC. 103. HOUSING RELIEF FOR INDIVIDUALS AFFECTED BY 
                   HURRICANE KATRINA.

       (a) In General.--Part II of subchapter Y of chapter 1 (as 
     added by this Act) is amended by adding at the end the 
     following new section:

     ``SEC. 1400P. HOUSING TAX BENEFITS .

       ``(a) Exclusion of Employer Provided Housing for Individual 
     Affected by Hurricane Katrina.--
       ``(1) In general.--Gross income of a qualified employee 
     shall not include the value of any lodging furnished in-kind 
     to such employee (and such employee's spouse or any of such 
     employee's dependents) by or on behalf of a qualified 
     employer for any month during the taxable year.
       ``(2) Limitation.--The amount which may be excluded under 
     paragraph (1) for any month for which lodging is furnished 
     during the taxable year shall not exceed $600.
       ``(3) Treatment of exclusion.--The exclusion under 
     paragraph (1) shall be treated as an exclusion under section 
     119 (other than for purposes of sections 3121(a)(19) and 
     3306(b)(14)).
       ``(b) Employer Credit for Housing Employees Affected by 
     Hurricane Katrina.--For purposes of section 38, in the case 
     of a qualified employer, the Hurricane Katrina housing credit 
     for any month during the taxable year is an amount equal to 
     30 percent of any amount which is excludable from the gross 
     income of a qualified employee of such employer under 
     subsection (a) and not otherwise excludable under section 
     119.
       ``(c) Qualified Employee.--For purposes of this section, 
     the term `qualified employee' means, with respect to any 
     month, an individual--
       ``(1) who had a principal residence (as defined in section 
     121) in the Gulf Opportunity Zone on August 28, 2005, and
       ``(2) who performs substantially all employment services--
       ``(A) in the Gulf Opportunity Zone, and
       ``(B) for the qualified employer which furnishes lodging to 
     such individual.
       ``(d) Qualified Employer.--For purposes of this section, 
     the term `qualified employer' means any employer with a trade 
     or business located in the Gulf Opportunity Zone.
       ``(e) Certain Rules to Apply.--For purposes of this 
     subsection, rules similar to the rules of sections 51(i)(1) 
     and 52 shall apply.
       ``(f) Application of Section.--This section shall apply to 
     lodging furnished during the period--
       ``(1) beginning on the first day of the first month 
     beginning after the date of the enactment of this section, 
     and
       ``(2) ending on the date which is 6 months after the first 
     day described in paragraph (1).''.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     ``and'' at the end of paragraph (25), by striking the period 
     at the end of paragraph (26) and inserting ``, and'', and by 
     adding at the end the following new paragraphs:
       ``(27) the Hurricane Katrina housing credit determined 
     under section 1400P(b).''.
       (2) Section 280C(a) is amended by striking ``and 1396(a)'' 
     and inserting ``1396(a), and 1400P(b)''.
       (3) The table of sections for part II of subchapter Y of 
     chapter 1 is amended by adding at the end the following new 
     item:

``Sec.  1400P.Housing tax benefits.''.

     SEC. 104. EXTENSION OF SPECIAL RULES FOR MORTGAGE REVENUE 
                   BONDS.

       Section 404(d) of the Katrina Emergency Tax Relief Act of 
     2005 is amended by striking

[[Page 28967]]

     ``December 31, 2007'' and inserting ``December 31, 2010''.

     SEC. 105. SPECIAL EXTENSION OF BONUS DEPRECIATION PLACED IN 
                   SERVICE DATE FOR TAXPAYERS AFFECTED BY 
                   HURRICANES KATRINA, RITA, AND WILMA.

       In applying the rule under section 168(k)(2)(A)(iv) of the 
     Internal Revenue Code of 1986 to any property described in 
     subparagraph (B) or (C) of section 168(k)(2) of such Code--
       (1) the placement in service of which--
       (A) is to be located in the GO Zone (as defined in section 
     1400M(1) of such Code), the Rita GO Zone (as defined in 
     section 1400M(3) of such Code), or the Wilma GO Zone (as 
     defined in section 1400M(5) of such Code), and
       (B) is to be made by any taxpayer affected by Hurricane 
     Katrina, Rita, or Wilma, or
       (2) which is manufactured in such Zone by any person 
     affected by Hurricane Katrina, Rita, or Wilma,
     the Secretary of the Treasury may, on a taxpayer by taxpayer 
     basis, extend the required date of the placement in service 
     of such property under such section by such period of time as 
     is determined necessary by the Secretary but not to exceed 1 
     year. For purposes of the preceding sentence, the 
     determination shall be made by only taking into account the 
     effect of one or more hurricanes on the date of such 
     placement by the taxpayer.

      TITLE II--TAX BENEFITS RELATED TO HURRICANES RITA AND WILMA

     SEC. 201. EXTENSION OF CERTAIN EMERGENCY TAX RELIEF FOR 
                   HURRICANE KATRINA TO HURRICANES RITA AND WILMA.

       (a) In General.--Part II of subchapter Y of chapter 1 (as 
     added by this Act) is amended by adding at the end the 
     following new sections:

     ``SEC. 1400Q. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.

       ``(a) Tax-Favored Withdrawals From Retirement Plans.--
       ``(1) In general.--Section 72(t) shall not apply to any 
     qualified hurricane distribution.
       ``(2) Aggregate dollar limitation.--
       ``(A) In general.--For purposes of this subsection, the 
     aggregate amount of distributions received by an individual 
     which may be treated as qualified hurricane distributions for 
     any taxable year shall not exceed the excess (if any) of--
       ``(i) $100,000, over
       ``(ii) the aggregate amounts treated as qualified hurricane 
     distributions received by such individual for all prior 
     taxable years.
       ``(B) Treatment of plan distributions.--If a distribution 
     to an individual would (without regard to subparagraph (A)) 
     be a qualified hurricane distribution, a plan shall not be 
     treated as violating any requirement of this title merely 
     because the plan treats such distribution as a qualified 
     hurricane distribution, unless the aggregate amount of such 
     distributions from all plans maintained by the employer (and 
     any member of any controlled group which includes the 
     employer) to such individual exceeds $100,000.
       ``(C) Controlled group.--For purposes of subparagraph (B), 
     the term `controlled group' means any group treated as a 
     single employer under subsection (b), (c), (m), or (o) of 
     section 414.
       ``(3) Amount distributed may be repaid.--
       ``(A) In general.--Any individual who receives a qualified 
     hurricane distribution may, at any time during the 3-year 
     period beginning on the day after the date on which such 
     distribution was received, make one or more contributions in 
     an aggregate amount not to exceed the amount of such 
     distribution to an eligible retirement plan of which such 
     individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under section 
     402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as 
     the case may be.
       ``(B) Treatment of repayments of distributions from 
     eligible retirement plans other than iras.--For purposes of 
     this title, if a contribution is made pursuant to 
     subparagraph (A) with respect to a qualified hurricane 
     distribution from an eligible retirement plan other than an 
     individual retirement plan, then the taxpayer shall, to the 
     extent of the amount of the contribution, be treated as 
     having received the qualified hurricane distribution in an 
     eligible rollover distribution (as defined in section 
     402(c)(4)) and as having transferred the amount to the 
     eligible retirement plan in a direct trustee to trustee 
     transfer within 60 days of the distribution.
       ``(C) Treatment of repayments for distributions from 
     iras.--For purposes of this title, if a contribution is made 
     pursuant to subparagraph (A) with respect to a qualified 
     hurricane distribution from an individual retirement plan (as 
     defined by section 7701(a)(37)), then, to the extent of the 
     amount of the contribution, the qualified hurricane 
     distribution shall be treated as a distribution described in 
     section 408(d)(3) and as having been transferred to the 
     eligible retirement plan in a direct trustee to trustee 
     transfer within 60 days of the distribution.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) Qualified hurricane distribution.--Except as provided 
     in paragraph (2), the term `qualified hurricane distribution' 
     means--
       ``(i) any distribution from an eligible retirement plan 
     made on or after August 25, 2005, and before January 1, 2007, 
     to an individual whose principal place of abode on August 28, 
     2005, is located in the Hurricane Katrina disaster area and 
     who has sustained an economic loss by reason of Hurricane 
     Katrina,
       ``(ii) any distribution (which is not described in clause 
     (i)) from an eligible retirement plan made on or after 
     September 23, 2005, and before January 1, 2007, to an 
     individual whose principal place of abode on September 23, 
     2005, is located in the Hurricane Rita disaster area and who 
     has sustained an economic loss by reason of Hurricane Rita, 
     and
       ``(iii) any distribution (which is not described in clause 
     (i) or (ii)) from an eligible retirement plan made on or 
     after October 23, 2005, and before January 1, 2007, to an 
     individual whose principal place of abode on October 23, 
     2005, is located in the Hurricane Wilma disaster area and who 
     has sustained an economic loss by reason of Hurricane Wilma.
       ``(B) Eligible retirement plan.--The term `eligible 
     retirement plan' shall have the meaning given such term by 
     section 402(c)(8)(B).
       ``(5) Income inclusion spread over 3-year period.--
       ``(A) In general.--In the case of any qualified hurricane 
     distribution, unless the taxpayer elects not to have this 
     paragraph apply for any taxable year, any amount required to 
     be included in gross income for such taxable year shall be so 
     included ratably over the 3-taxable year period beginning 
     with such taxable year.
       ``(B) Special rule.--For purposes of subparagraph (A), 
     rules similar to the rules of subparagraph (E) of section 
     408A(d)(3) shall apply.
       ``(6) Special rules.--
       ``(A) Exemption of distributions from trustee to trustee 
     transfer and withholding rules.--For purposes of sections 
     401(a)(31), 402(f), and 3405, qualified hurricane 
     distributions shall not be treated as eligible rollover 
     distributions.
       ``(B) Qualified hurricane distributions treated as meeting 
     plan distribution requirements.--For purposes this title, a 
     qualified hurricane distribution shall be treated as meeting 
     the requirements of sections 401(k)(2)(B)(i), 
     403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A).
       ``(b) Recontributions of Withdrawals for Home Purchases.--
       ``(1) Recontributions.--
       ``(A) In general.--Any individual who received a qualified 
     distribution may, during the applicable period, make one or 
     more contributions in an aggregate amount not to exceed the 
     amount of such qualified distribution to an eligible 
     retirement plan (as defined in section 402(c)(8)(B)) of which 
     such individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under section 
     402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may 
     be.
       ``(B) Treatment of repayments.--Rules similar to the rules 
     of subparagraphs (B) and (C) of subsection (a)(3) shall apply 
     for purposes of this subsection.
       ``(2) Qualified distribution.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified distribution' means 
     any qualified Katrina distribution, any qualified Rita 
     distribution, and any qualified Wilma distribution.
       ``(B) Qualified katrina distribution.--The term `qualified 
     Katrina distribution' means any distribution--
       ``(i) described in section 401(k)(2)(B)(i)(IV), 
     403(b)(7)(A)(ii) (but only to the extent such distribution 
     relates to financial hardship), 403(b)(11)(B), or 
     72(t)(2)(F),
       ``(ii) received after February 28, 2005, and before August 
     29, 2005, and
       ``(iii) which was to be used to purchase or construct a 
     principal residence in the Hurricane Katrina disaster area, 
     but which was not so purchased or constructed on account of 
     Hurricane Katrina.
       ``(C) Qualified rita distribution.--The term `qualified 
     Rita distribution' means any distribution (other than a 
     qualified Katrina distribution)--
       ``(i) described in section 401(k)(2)(B)(i)(IV), 
     403(b)(7)(A)(ii) (but only to the extent such distribution 
     relates to financial hardship), 403(b)(11)(B), or 
     72(t)(2)(F),
       ``(ii) received after February 28, 2005, and before 
     September 24, 2005, and
       ``(iii) which was to be used to purchase or construct a 
     principal residence in the Hurricane Rita disaster area, but 
     which was not so purchased or constructed on account of 
     Hurricane Rita.
       ``(D) Qualified wilma distribution.--The term `qualified 
     Wilma distribution' means any distribution (other than a 
     qualified Katrina distribution or a qualified Rita 
     distribution)--
       ``(i) described in section 401(k)(2)(B)(i)(IV), 
     403(b)(7)(A)(ii) (but only to the extent such distribution 
     relates to financial hardship), 403(b)(11)(B), or 
     72(t)(2)(F),
       ``(ii) received after February 28, 2005, and before October 
     24, 2005, and
       ``(iii) which was to be used to purchase or construct a 
     principal residence in the Hurricane Wilma disaster area, but 
     which was not so purchased or constructed on account of 
     Hurricane Wilma.

[[Page 28968]]

       ``(3) Applicable period.--For purposes of this subsection, 
     the term `applicable period' means--
       ``(A) with respect to any qualified Katrina distribution, 
     the period beginning on August 25, 2005, and ending on 
     February 28, 2006,
       ``(B) with respect to any qualified Rita distribution, the 
     period beginning on September 23, 2005, and ending on 
     February 28, 2006, and
       ``(C) with respect to any qualified Wilma distribution, the 
     period beginning on October 23, 2005, and ending on February 
     28, 2006.
       ``(c) Loans From Qualified Plans.--
       ``(1) Increase in limit on loans not treated as 
     distributions.--In the case of any loan from a qualified 
     employer plan (as defined under section 72(p)(4)) to a 
     qualified individual made during the applicable period--
       ``(A) clause (i) of section 72(p)(2)(A) shall be applied by 
     substituting `$100,000' for `$50,000', and
       ``(B) clause (ii) of such section shall be applied by 
     substituting `the present value of the nonforfeitable accrued 
     benefit of the employee under the plan' for `one-half of the 
     present value of the nonforfeitable accrued benefit of the 
     employee under the plan'.
       ``(2) Delay of repayment.--In the case of a qualified 
     individual with an outstanding loan on or after the qualified 
     beginning date from a qualified employer plan (as defined in 
     section 72(p)(4))--
       ``(A) if the due date pursuant to subparagraph (B) or (C) 
     of section 72(p)(2) for any repayment with respect to such 
     loan occurs during the period beginning on the qualified 
     beginning date and ending on December 31, 2006, such due date 
     shall be delayed for 1 year,
       ``(B) any subsequent repayments with respect to any such 
     loan shall be appropriately adjusted to reflect the delay in 
     the due date under paragraph (1) and any interest accruing 
     during such delay, and
       ``(C) in determining the 5-year period and the term of a 
     loan under subparagraph (B) or (C) of section 72(p)(2), the 
     period described in subparagraph (A) shall be disregarded.
       ``(3) Qualified individual.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified individual' means 
     any qualified Hurricane Katrina individual, any qualified 
     Hurricane Rita individual, and any qualified Hurricane Wilma 
     individual.
       ``(B) Qualified hurricane katrina individual.--The term 
     `qualified Hurricane Katrina individual' means an individual 
     whose principal place of abode on August 28, 2005, is located 
     in the Hurricane Katrina disaster area and who has sustained 
     an economic loss by reason of Hurricane Katrina.
       ``(C) Qualified hurricane rita individual.--The term 
     `qualified Hurricane Rita individual' means an individual 
     (other than a qualified Hurricane Katrina individual) whose 
     principal place of abode on September 23, 2005, is located in 
     the Hurricane Rita disaster area and who has sustained an 
     economic loss by reason of Hurricane Rita.
       ``(D) Qualified hurricane wilma individual.--The term 
     `qualified Hurricane Wilma individual' means an individual 
     (other than a qualified Hurricane Katrina individual or a 
     qualified Hurricane Rita individual) whose principal place of 
     abode on October 23, 2005, is located in the Hurricane Wilma 
     disaster area and who has sustained an economic loss by 
     reason of Hurricane Wilma.
       ``(4) Applicable period; qualified beginning date.--For 
     purposes of this subsection--
       ``(A) Hurricane katrina.--In the case of any qualified 
     Hurricane Katrina individual--
       ``(i) the applicable period is the period beginning on 
     September 24, 2005, and ending on December 31, 2006, and
       ``(ii) the qualified beginning date is August 25, 2005.
       ``(B) Hurricane rita.--In the case of any qualified 
     Hurricane Rita individual--
       ``(i) the applicable period is the period beginning on the 
     date of the enactment of this subsection and ending on 
     December 31, 2006, and
       ``(ii) the qualified beginning date is September 23, 2005.
       ``(C) Hurricane wilma.--In the case of any qualified 
     Hurricane Wilma individual--
       ``(i) the applicable period is the period beginning on the 
     date of the enactment of this subparagraph and ending on 
     December 31, 2006, and
       ``(ii) the qualified beginning date is October 23, 2005.
       ``(d) Provisions Relating to Plan Amendments.--
       ``(1) In general.--If this subsection applies to any 
     amendment to any plan or annuity contract, such plan or 
     contract shall be treated as being operated in accordance 
     with the terms of the plan during the period described in 
     paragraph (2)(B)(i).
       ``(2) Amendments to which subsection applies.--
       ``(A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       ``(i) pursuant to any provision of this section, or 
     pursuant to any regulation issued by the Secretary or the 
     Secretary of Labor under any provision of this section, and
       ``(ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2007, or such later date as 
     the Secretary may prescribe.
     In the case of a governmental plan (as defined in section 
     414(d)), clause (ii) shall be applied by substituting the 
     date which is 2 years after the date otherwise applied under 
     clause (ii).
       ``(B) Conditions.--This subsection shall not apply to any 
     amendment unless--
       ``(i) during the period--

       ``(I) beginning on the date that this section or the 
     regulation described in subparagraph (A)(i) takes effect (or 
     in the case of a plan or contract amendment not required by 
     this section or such regulation, the effective date specified 
     by the plan), and
       ``(II) ending on the date described in subparagraph (A)(ii) 
     (or, if earlier, the date the plan or contract amendment is 
     adopted),

     the plan or contract is operated as if such plan or contract 
     amendment were in effect; and
       ``(ii) such plan or contract amendment applies 
     retroactively for such period.

     ``SEC. 1400R. EMPLOYMENT RELIEF.

       ``(a) Employee Retention Credit for Employers Affected by 
     Hurricane Katrina.--
       ``(1) In general.--For purposes of section 38, in the case 
     of an eligible employer, the Hurricane Katrina employee 
     retention credit for any taxable year is an amount equal to 
     40 percent of the qualified wages with respect to each 
     eligible employee of such employer for such taxable year. For 
     purposes of the preceding sentence, the amount of qualified 
     wages which may be taken into account with respect to any 
     individual shall not exceed $6,000.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) Eligible employer.--The term `eligible employer' 
     means any employer--
       ``(i) which conducted an active trade or business on August 
     28, 2005, in the GO Zone, and
       ``(ii) with respect to whom the trade or business described 
     in clause (i) is inoperable on any day after August 28, 2005, 
     and before January 1, 2006, as a result of damage sustained 
     by reason of Hurricane Katrina.
       ``(B) Eligible employee.--The term `eligible employee' 
     means with respect to an eligible employer an employee whose 
     principal place of employment on August 28, 2005, with such 
     eligible employer was in the GO Zone.
       ``(C) Qualified wages.--The term `qualified wages' means 
     wages (as defined in section 51(c)(1), but without regard to 
     section 3306(b)(2)(B)) paid or incurred by an eligible 
     employer with respect to an eligible employee on any day 
     after August 28, 2005, and before January 1, 2006, which 
     occurs during the period--
       ``(i) beginning on the date on which the trade or business 
     described in subparagraph (A) first became inoperable at the 
     principal place of employment of the employee immediately 
     before Hurricane Katrina, and
       ``(ii) ending on the date on which such trade or business 
     has resumed significant operations at such principal place of 
     employment.
     Such term shall include wages paid without regard to whether 
     the employee performs no services, performs services at a 
     different place of employment than such principal place of 
     employment, or performs services at such principal place of 
     employment before significant operations have resumed.
       ``(3) Certain rules to apply.--For purposes of this 
     subsection, rules similar to the rules of sections 51(i)(1) 
     and 52 shall apply.
       ``(4) Employee not taken into account more than once.--An 
     employee shall not be treated as an eligible employee for 
     purposes of this subsection for any period with respect to 
     any employer if such employer is allowed a credit under 
     section 51 with respect to such employee for such period.
       ``(b) Employee Retention Credit for Employers Affected by 
     Hurricane Rita.--
       ``(1) In general.--For purposes of section 38, in the case 
     of an eligible employer, the Hurricane Rita employee 
     retention credit for any taxable year is an amount equal to 
     40 percent of the qualified wages with respect to each 
     eligible employee of such employer for such taxable year. For 
     purposes of the preceding sentence, the amount of qualified 
     wages which may be taken into account with respect to any 
     individual shall not exceed $6,000.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) Eligible employer.--The term `eligible employer' 
     means any employer--
       ``(i) which conducted an active trade or business on 
     September 23, 2005, in the Rita GO Zone, and
       ``(ii) with respect to whom the trade or business described 
     in clause (i) is inoperable on any day after September 23, 
     2005, and before January 1, 2006, as a result of damage 
     sustained by reason of Hurricane Rita.
       ``(B) Eligible employee.--The term `eligible employee' 
     means with respect to an eligible employer an employee whose 
     principal place of employment on September 23, 2005, with 
     such eligible employer was in the Rita GO Zone.
       ``(C) Qualified wages.--The term `qualified wages' means 
     wages (as defined in section 51(c)(1), but without regard to 
     section 3306(b)(2)(B)) paid or incurred by an eligible 
     employer with respect to an eligible employee on any day 
     after September 23, 2005, and before January 1, 2006, which 
     occurs during the period--
       ``(i) beginning on the date on which the trade or business 
     described in subparagraph

[[Page 28969]]

     (A) first became inoperable at the principal place of 
     employment of the employee immediately before Hurricane Rita, 
     and
       ``(ii) ending on the date on which such trade or business 
     has resumed significant operations at such principal place of 
     employment.
     Such term shall include wages paid without regard to whether 
     the employee performs no services, performs services at a 
     different place of employment than such principal place of 
     employment, or performs services at such principal place of 
     employment before significant operations have resumed.
       ``(3) Certain rules to apply.--For purposes of this 
     subsection, rules similar to the rules of sections 51(i)(1) 
     and 52 shall apply.
       ``(4) Employee not taken into account more than once.--An 
     employee shall not be treated as an eligible employee for 
     purposes of this subsection for any period with respect to 
     any employer if such employer is allowed a credit under 
     subsection (a) or section 51 with respect to such employee 
     for such period.
       ``(c) Employee Retention Credit for Employers Affected by 
     Hurricane Wilma.--
       ``(1) In general.--For purposes of section 38, in the case 
     of an eligible employer, the Hurricane Wilma employee 
     retention credit for any taxable year is an amount equal to 
     40 percent of the qualified wages with respect to each 
     eligible employee of such employer for such taxable year. For 
     purposes of the preceding sentence, the amount of qualified 
     wages which may be taken into account with respect to any 
     individual shall not exceed $6,000.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) Eligible employer.--The term `eligible employer' 
     means any employer--
       ``(i) which conducted an active trade or business on 
     October 23, 2005, in the Wilma GO Zone, and
       ``(ii) with respect to whom the trade or business described 
     in clause (i) is inoperable on any day after October 23, 
     2005, and before January 1, 2006, as a result of damage 
     sustained by reason of Hurricane Wilma.
       ``(B) Eligible employee.--The term `eligible employee' 
     means with respect to an eligible employer an employee whose 
     principal place of employment on October 23, 2005, with such 
     eligible employer was in the Wilma GO Zone.
       ``(C) Qualified wages.--The term `qualified wages' means 
     wages (as defined in section 51(c)(1), but without regard to 
     section 3306(b)(2)(B)) paid or incurred by an eligible 
     employer with respect to an eligible employee on any day 
     after October 23, 2005, and before January 1, 2006, which 
     occurs during the period--
       ``(i) beginning on the date on which the trade or business 
     described in subparagraph (A) first became inoperable at the 
     principal place of employment of the employee immediately 
     before Hurricane Wilma, and
       ``(ii) ending on the date on which such trade or business 
     has resumed significant operations at such principal place of 
     employment.
     Such term shall include wages paid without regard to whether 
     the employee performs no services, performs services at a 
     different place of employment than such principal place of 
     employment, or performs services at such principal place of 
     employment before significant operations have resumed.
       ``(3) Certain rules to apply.--For purposes of this 
     subsection, rules similar to the rules of sections 51(i)(1) 
     and 52 shall apply.
       ``(4) Employee not taken into account more than once.--An 
     employee shall not be treated as an eligible employee for 
     purposes of this subsection for any period with respect to 
     any employer if such employer is allowed a credit under 
     subsection (a) or (b) or section 51 with respect to such 
     employee for such period.

     ``SEC. 1400S. ADDITIONAL TAX RELIEF PROVISIONS.

       ``(a) Temporary Suspension of Limitations on Charitable 
     Contributions.--
       ``(1) In general.--Except as otherwise provided in 
     paragraph (2), section 170(b) shall not apply to qualified 
     contributions and such contributions shall not be taken into 
     account for purposes of applying subsections (b) and (d) of 
     section 170 to other contributions.
       ``(2) Treatment of excess contributions.--For purposes of 
     section 170--
       ``(A) Individuals.--In the case of an individual--
       ``(i) Limitation.--Any qualified contribution shall be 
     allowed only to the extent that the aggregate of such 
     contributions does not exceed the excess of the taxpayer's 
     contribution base (as defined in subparagraph (F) of section 
     170(b)(1)) over the amount of all other charitable 
     contributions allowed under section 170(b)(1).
       ``(ii) Carryover.--If the aggregate amount of qualified 
     contributions made in the contribution year (within the 
     meaning of section 170(d)(1)) exceeds the limitation of 
     clause (i), such excess shall be added to the excess 
     described in the portion of subparagraph (A) of such section 
     which precedes clause (i) thereof for purposes of applying 
     such section.
       ``(B) Corporations.--In the case of a corporation--
       ``(i) Limitation.--Any qualified contribution shall be 
     allowed only to the extent that the aggregate of such 
     contributions does not exceed the excess of the taxpayer's 
     taxable income (as determined under paragraph (2) of section 
     170(b)) over the amount of all other charitable contributions 
     allowed under such paragraph.
       ``(ii) Carryover.--Rules similar to the rules of 
     subparagraph (A)(ii) shall apply for purposes of this 
     subparagraph.
       ``(3) Exception to overall limitation on itemized 
     deductions.--So much of any deduction allowed under section 
     170 as does not exceed the qualified contributions paid 
     during the taxable year shall not be treated as an itemized 
     deduction for purposes of section 68.
       ``(4) Qualified contributions.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified contribution' means any charitable 
     contribution (as defined in section 170(c)) if--
       ``(i) such contribution is paid during the period beginning 
     on August 28, 2005, and ending on December 31, 2005, in cash 
     to an organization described in section 170(b)(1)(A) (other 
     than an organization described in section 509(a)(3)),
       ``(ii) in the case of a contribution paid by a corporation, 
     such contribution is for relief efforts related to Hurricane 
     Katrina, Hurricane Rita, or Hurricane Wilma, and
       ``(iii) the taxpayer has elected the application of this 
     subsection with respect to such contribution.
       ``(B) Exception.--Such term shall not include a 
     contribution if the contribution is for establishment of a 
     new, or maintenance in an existing, segregated fund or 
     account with respect to which the donor (or any person 
     appointed or designated by such donor) has, or reasonably 
     expects to have, advisory privileges with respect to 
     distributions or investments by reason of the donor's status 
     as a donor.
       ``(C) Application of election to partnerships and s 
     corporations.--In the case of a partnership or S corporation, 
     the election under subparagraph (A)(iii) shall be made 
     separately by each partner or shareholder.
       ``(b) Suspension of Certain Limitations on Personal 
     Casualty Losses.--Paragraphs (1) and (2)(A) of section 165(h) 
     shall not apply to losses described in section 165(c)(3)--
       ``(1) which arise in the Hurricane Katrina disaster area on 
     or after August 25, 2005, and which are attributable to 
     Hurricane Katrina,
       ``(2) which arise in the Hurricane Rita disaster area on or 
     after September 23, 2005, and which are attributable to 
     Hurricane Rita, or
       ``(3) which arise in the Hurricane Wilma disaster area on 
     or after October 23, 2005, and which are attributable to 
     Hurricane Wilma.
     In the case of any other losses, section 165(h)(2)(A) shall 
     be applied without regard to the losses referred to in the 
     preceding sentence.
       ``(c) Required Exercise of Authority Under Section 7508A.--
     In the case of any taxpayer determined by the Secretary to be 
     affected by the Presidentially declared disaster relating to 
     Hurricane Katrina, Hurricane Rita, or Hurricane Wilma, any 
     relief provided by the Secretary under section 7508A shall be 
     for a period ending not earlier than February 28, 2006.
       ``(d) Special Rule for Determining Earned Income.--
       ``(1) In general.--In the case of a qualified individual, 
     if the earned income of the taxpayer for the taxable year 
     which includes the applicable date is less than the earned 
     income of the taxpayer for the preceding taxable year, the 
     credits allowed under sections 24(d) and 32 may, at the 
     election of the taxpayer, be determined by substituting--
       ``(A) such earned income for the preceding taxable year, 
     for
       ``(B) such earned income for the taxable year which 
     includes the applicable date.
       ``(2) Qualified individual.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified individual' means 
     any qualified Hurricane Katrina individual, any qualified 
     Hurricane Rita individual, and any qualified Hurricane Wilma 
     individual.
       ``(B) Qualified hurricane katrina individual.--The term 
     `qualified Hurricane Katrina individual' means any individual 
     whose principal place of abode on August 25, 2005, was 
     located--
       ``(i) in the GO Zone, or
       ``(ii) in the Hurricane Katrina disaster area (but outside 
     the GO Zone) and such individual was displaced from such 
     principal place of abode by reason of Hurricane Katrina.
       ``(C) Qualified hurricane rita individual.--The term 
     `qualified Hurricane Rita individual' means any individual 
     (other than a qualified Hurricane Katrina individual) whose 
     principal place of abode on September 23, 2005, was located--
       ``(i) in the Rita GO Zone, or
       ``(ii) in the Hurricane Rita disaster area (but outside the 
     Rita GO Zone) and such individual was displaced from such 
     principal place of abode by reason of Hurricane Rita.
       ``(D) Qualified hurricane wilma individual.--The term 
     `qualified Hurricane Wilma individual' means any individual 
     whose principal place of abode on October 23, 2005, was 
     located--
       ``(i) in the Wilma GO Zone, or
       ``(ii) in the Hurricane Wilma disaster area (but outside 
     the Wilma GO Zone) and such

[[Page 28970]]

     individual was displaced from such principal place of abode 
     by reason of Hurricane Wilma.
       ``(3) Applicable date.--For purposes of this subsection, 
     the term `applicable date' means--
       ``(A) in the case of a qualified Hurricane Katrina 
     individual, August 25, 2005,
       ``(B) in the case of a qualified Hurricane Rita individual, 
     September 23, 2005, and
       ``(C) in the case of a qualified Hurricane Wilma 
     individual, October 23, 2005.
       ``(4) Earned income.--For purposes of this subsection, the 
     term `earned income' has the meaning given such term under 
     section 32(c).
       ``(5) Special rules.--
       ``(A) Application to joint returns.--For purposes of 
     paragraph (1), in the case of a joint return for a taxable 
     year which includes the applicable date--
       ``(i) such paragraph shall apply if either spouse is a 
     qualified individual, and
       ``(ii) the earned income of the taxpayer for the preceding 
     taxable year shall be the sum of the earned income of each 
     spouse for such preceding taxable year.
       ``(B) Uniform application of election.--Any election made 
     under paragraph (1) shall apply with respect to both section 
     24(d) and section 32.
       ``(C) Errors treated as mathematical error.--For purposes 
     of section 6213, an incorrect use on a return of earned 
     income pursuant to paragraph (1) shall be treated as a 
     mathematical or clerical error.
       ``(D) No effect on determination of gross income, etc.--
     Except as otherwise provided in this subsection, this title 
     shall be applied without regard to any substitution under 
     paragraph (1).
       ``(e) Secretarial Authority to Make Adjustments Regarding 
     Taxpayer and Dependency Status.--With respect to taxable 
     years beginning in 2005 or 2006, the Secretary may make such 
     adjustments in the application of the internal revenue laws 
     as may be necessary to ensure that taxpayers do not lose any 
     deduction or credit or experience a change of filing status 
     by reason of temporary relocations by reason of Hurricane 
     Katrina, Hurricane Rita, or Hurricane Wilma. Any adjustments 
     made under the preceding sentence shall ensure that an 
     individual is not taken into account by more than one 
     taxpayer with respect to the same tax benefit.

     ``SEC. 1400T. SPECIAL RULES FOR MORTGAGE REVENUE BONDS.

       ``(a) In General.--In the case of financing provided with 
     respect to owner-occupied residences in the GO Zone, the Rita 
     GO Zone, or the Wilma GO Zone, section 143 shall be applied--
       ``(1) by treating any such residence in the Rita GO Zone or 
     the Wilma GO Zone as a targeted area residence,
       ``(2) by applying subsection (f)(3) thereof without regard 
     to subparagraph (A) thereof, and
       ``(3) by substituting `$150,000' for `$15,000' in 
     subsection (k)(4) thereof.
       ``(b) Application.--Subsection (a) shall not apply to 
     financing provided after December 31, 2010.''.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38, as amended by this Act, 
     is amended by striking ``and'' at the end of paragraph (26), 
     by striking the period at the end of paragraph (27) and 
     inserting a comma, and by adding at the end the following new 
     paragraphs:
       ``(28) the Hurricane Katrina employee retention credit 
     determined under section 1400R(a),
       ``(29) the Hurricane Rita employee retention credit 
     determined under section 1400R(b), and
       ``(30) the Hurricane Wilma employee retention credit 
     determined under section 1400R(c).''.
       (2) Section 280C(a), as amended by this Act, is amended by 
     striking ``and 1400P(b)'' and inserting ``1400P(b), and 
     1400R''.
       (3) The table of sections for part II of subchapter Y of 
     chapter 1 is amended by adding at the end the following new 
     items:

``Sec.  1400Q. Special rules for use of retirement funds.
``Sec.  1400R. Employment relief.
``Sec.  1400S. Additional tax relief provisions.''.
       (4) The following provisions of the Katrina Emergency Tax 
     Relief Act of 2005 are hereby repealed:
       (A) Title I.
       (B) Sections 202, 301, 402, 403(b), 406, and 407.

                      TITLE III--OTHER PROVISIONS

     SEC. 301. GULF COAST RECOVERY BONDS.

       It is the sense of the Congress that the Secretary of the 
     Treasury, or the Secretary's delegate, should designate one 
     or more series of bonds or certificates (or any portion 
     thereof) issued under section 3105 of title 31, United States 
     Code, as ``Gulf Coast Recovery Bonds'' in response to 
     Hurricanes Katrina, Rita, and Wilma.

     SEC. 302. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR 
                   PURPOSES OF EARNED INCOME CREDIT.

       (a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) 
     is amended by striking ``January 1, 2006'' and inserting 
     ``January 1, 2007''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 303. MODIFICATION OF EFFECTIVE DATE OF EXCEPTION FROM 
                   SUSPENSION RULES FOR CERTAIN LISTED AND 
                   REPORTABLE TRANSACTIONS.

       (a) Effective Date Modification.--
       (1) In general.--Paragraph (2) of section 903(d) of the 
     American Jobs Creation Act of 2004 is amended to read as 
     follows:
       ``(2) Exception for reportable or listed transactions.--
       ``(A) In general.--The amendments made by subsection (c) 
     shall apply with respect to interest accruing after October 
     3, 2004.
       ``(B) Special rule for certain listed and reportable 
     transactions.--
       ``(i) In general.--Except as provided in clauses (ii), 
     (iii), and (iv), the amendments made by subsection (c) shall 
     also apply with respect to interest accruing on or before 
     October 3, 2004.
       ``(ii) Participants in settlement initiatives.--Clause (i) 
     shall not apply to any transaction if, as of January 23, 
     2006--

       ``(I) the taxpayer is participating in a settlement 
     initiative described in Internal Revenue Service Announcement 
     2005-80 with respect to such transaction, or
       ``(II) the taxpayer has entered into a settlement agreement 
     pursuant to such an initiative.

     Subclause (I) shall not apply to any taxpayer if, after 
     January 23, 2006, the taxpayer withdraws from, or terminates, 
     participation in the initiative or the Secretary of the 
     Treasury or the Secretary's delegate determines that a 
     settlement agreement will not be reached pursuant to the 
     initiative within a reasonable period of time.
       ``(iii) Taxpayers acting in good faith.--The Secretary of 
     the Treasury may except from the application of clause (i) 
     any transaction in which the taxpayer has acted reasonably 
     and in good faith.
       ``(iv) Closed transactions.--Clause (i) shall not apply to 
     a transaction if, as of December 14, 2005--

       ``(I) the assessment of all Federal income taxes for the 
     taxable year in which the tax liability to which the interest 
     relates arose is prevented by the operation of any law or 
     rule of law, or
       ``(II) a closing agreement under section 7121 has been 
     entered into with respect to the tax liability arising in 
     connection with the transaction.''.

       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the provisions of the 
     American Jobs Creation Act of 2004 to which it relates.
       (b) Treatment of Amended Returns and Other Similar Notices 
     of Additional Tax Owed.--
       (1) In general.--Section 6404(g)(1) (relating to 
     suspension) is amended by adding at the end the following new 
     sentence: ``If, after the return for a taxable year is filed, 
     the taxpayer provides to the Secretary 1 or more signed 
     written documents showing that the taxpayer owes an 
     additional amount of tax for the taxable year, clause (i) 
     shall be applied by substituting the date the last of the 
     documents was provided for the date on which the return is 
     filed.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to documents provided on or after the date of the 
     enactment of this Act.

     SEC. 304. AUTHORITY FOR UNDERCOVER OPERATIONS.

       Paragraph (6) of section 7608(c) (relating to application 
     of section) is amended by striking ``January 1, 2006'' both 
     places is appears and inserting ``January 1, 2007''.

     SEC. 305. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION.

       (a) Disclosures to Facilitate Combined Employment Tax 
     Reporting.--
       (1) In general.--Subparagraph (B) of section 6103(d)(5) 
     (relating to termination) is amended by striking ``December 
     31, 2005'' and inserting ``December 31, 2006''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to disclosures after December 31, 2005.
       (b) Disclosures Relating to Terrorist Activities.--
       (1) In general.--Clause (iv) of section 6103(i)(3)(C) and 
     subparagraph (E) of section 6103(i)(7) are each amended by 
     striking ``December 31, 2005'' and inserting ``December 31, 
     2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to disclosures after December 31, 2005.
       (c) Disclosures Relating to Student Loans.--
       (1) In general.--Subparagraph (D) of section 6103(l)(13) 
     (relating to termination) is amended by striking ``December 
     31, 2005'' and inserting ``December 31, 2006''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to requests made after December 31, 2005.

                          TITLE IV--TECHNICALS

                       Subtitle A--Tax Technicals

     SEC. 401. SHORT TITLE.

       This subtitle may be cited as the ``Tax Technical 
     Corrections Act of 2005''.

     SEC. 402. AMENDMENTS RELATED TO ENERGY POLICY ACT OF 2005.

       (a) Amendments Related to Section 1263.--
       (1) Part VI of subchapter O of chapter 1 is repealed.
       (2) Section 1223 is amended by striking paragraph (3) and 
     by redesignating paragraphs (4) through (16) as paragraphs 
     (3) through (15), respectively.

[[Page 28971]]

       (3) Section 121(g) is amended by striking ``1223(7)'' and 
     inserting ``1223(6)''.
       (4) Section 246(c)(3)(B) is amended by striking ``paragraph 
     (4) of section 1223'' and inserting ``paragraph (3) of 
     section 1223''.
       (5) Section 247(b)(2)(D) is amended by inserting ``as in 
     effect before its repeal'' after ``part VI of subchapter O''.
       (6)(A) Section 1245(b) is amended by striking paragraph (5) 
     and redesignating paragraphs (6) through (9) as paragraphs 
     (5) through (8), respectively.
       (B) Section 1245(b)(3) is amended by striking ``paragraph 
     (7)'' and inserting ``paragraph (6)''.
       (7)(A) Section 1250(d) is amended by striking paragraph (5) 
     and redesignating paragraphs (6) through (8) as paragraphs 
     (5) through (7), respectively.
       (B) Section 1250(e)(2) is amended by striking ``(3), or 
     (5)'' and inserting ``or (3)''.
       (b) Amendment Related to Section 1301.--Clause (ii) of 
     section 45(c)(3)(A) is amended by striking ``nonhazardous 
     lignin waste material'' and inserting ``lignin material''.
       (c) Amendments Related to Section 1303.--
       (1) Subsection (l) of section 54 is amended by striking 
     paragraph (5), and by redesignating paragraphs (6) and (7) as 
     paragraphs (5) and (6), respectively.
       (2) Subsection (e) of section 1303 of the Energy Policy Act 
     of 2005 is amended to read as follows:
       ``(e) Effective Dates.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to bonds issued 
     after December 31, 2005.
       ``(2) Subsection (c).--The amendments made by subsection 
     (c) shall apply to taxable years beginning after December 31, 
     2005.''.
       (d) Amendments Related to Section 1306.--
       (1) Paragraph (2) of section 45J(c) is amended to read as 
     follows:
       ``(2) Phaseout of credit.--
       ``(A) In general.--The amount of the credit determined 
     under subsection (a) shall be reduced by an amount which 
     bears the same ratio to the amount of the credit (determined 
     without regard to this paragraph) as--
       ``(i) the amount by which the reference price (as defined 
     in section 45(e)(2)(C)) for the calendar year in which the 
     sale occurs exceeds 8 cents, bears to
       ``(ii) 3 cents.
       ``(B) Phaseout adjustment based on inflation.--The 8 cent 
     amount in subparagraph (A) shall be adjusted by multiplying 
     such amount by the inflation adjustment factor (as defined in 
     section 45(e)(2)(B)) for the calendar year in which the sale 
     occurs. If any amount as increased under the preceding 
     sentence is not a multiple of 0.1 cent, such amount shall be 
     rounded to the nearest multiple of 0.1 cent.''.
       (2) Subsection (e) of section 45J is amended by striking 
     ``(2),''.
       (e) Amendment Related to Section 1309.--Subparagraph (B) of 
     section 169(d)(5) is amended by adding at beginning thereof 
     ``in the case of facility placed in service in connection 
     with a plant or other property placed in operation after 
     December 31, 1975,''.
       (f) Amendments Related to Section 1311.--
       (1) Clause (i) of section 172(b)(1)(I) is amended to read 
     as follows:
       ``(i) In general.--At the election of the taxpayer for any 
     taxable year ending after December 31, 2005, and before 
     January 1, 2009, in the case of a net operating loss for a 
     taxable year ending after December 31, 2002, and before 
     January 1, 2006, there shall be a net operating loss 
     carryback to each of the 5 taxable years preceding the 
     taxable year of such loss to the extent that such loss does 
     not exceed 20 percent of the sum of the electric transmission 
     property capital expenditures and the pollution control 
     facility capital expenditures of the taxpayer for the taxable 
     year preceding the taxable year for which such election is 
     made.''.
       (2) Clause (ii) of section 172(b)(1)(I) is amended by 
     striking ``in a taxable year'' and inserting ``for a taxable 
     year''.
       (3) Subparagraph (I) of section 172(b)(1) is amended by 
     striking clause (iv) and (v), by redesignating clause (vi) as 
     clause (v), and by inserting after clause (iii) the 
     following:
       ``(iv) Special rules relating to credit or refund.--In the 
     case of the portion of the loss which is carried back 5 years 
     by reason of clause (i)--

       ``(I) an application under section 6411(a) with respect to 
     such portion shall not fail to be treated as timely filed if 
     filed within 24 months after the due date specified under 
     such section, and
       ``(II) references in sections 6501(h), 6511(d)(2)(A), and 
     6611(f)(1) to the taxable year in which such net operating 
     loss arises or results in a net operating loss carryback 
     shall be treated as references to the taxable year for which 
     such election is made.''.

       (g) Amendment Related to Section 1322.--Subsection (a) of 
     section 45K is amended by striking ``if the taxpayer elects 
     to have this section apply,''.
       (h) Amendment Related to Section 1331.--Paragraph (3) of 
     section 1250(b) is amended by striking ``or by section 
     179D''.
       (i) Amendments Related to Section 1335.--
       (1) Paragraph (1) of section 25D(b) is amended by inserting 
     ``(determined without regard to subsection (c))'' after 
     ``subsection (a)''.
       (2) Subparagraphs (A) and (B) of section 25D(e)(4) are 
     amended to read as follows:
       ``(A) Maximum expenditures.--The maximum amount of 
     expenditures which may be taken into account under subsection 
     (a) by all such individuals with respect to such dwelling 
     unit during such calendar year shall be--
       ``(i) $6,667 in the case of any qualified photovoltaic 
     property expenditures,
       ``(ii) $6,667 in the case of any qualified solar water 
     heating property expenditures, and
       ``(iii) $1,667 in the case of each half kilowatt of 
     capacity of qualified fuel cell property (as defined in 
     section 48(c)(1)) for which qualified fuel cell property 
     expenditures are made.
       ``(B) Allocation of expenditures.--The expenditures 
     allocated to any individual for the taxable year in which 
     such calendar year ends shall be an amount equal to the 
     lesser of--
       ``(i) the amount of expenditures made by such individual 
     with respect to such dwelling during such calendar year, or
       ``(ii) the maximum amount of such expenditures set forth in 
     subparagraph (A) multiplied by a fraction--

       ``(I) the numerator of which is the amount of such 
     expenditures with respect to such dwelling made by such 
     individual during such calendar year, and
       ``(II) the denominator of which is the total expenditures 
     made by all such individuals with respect to such dwelling 
     during such calendar year.''.

       (3)(A)(i) The matter preceding subparagraph (A) of section 
     23(b)(4) is amended by striking ``The credit'' and inserting 
     ``In the case of a taxable year to which section 26(a)(2) 
     does not apply, the credit''.
       (ii) Subsection (c) of section 23 is amended to read as 
     follows:
       ``(c) Carryforwards of Unused Credit.--
       ``(1) Rule for years in which all personal credits allowed 
     against regular and alternative minimum tax.--In the case of 
     a taxable year to which section 26(a)(2) applies, if the 
     credit allowable under subsection (a) for any taxable year 
     exceeds the limitation imposed by section 26(a)(2) for such 
     taxable year reduced by the sum of the credits allowable 
     under this subpart (other than this section and sections 25D 
     and 1400C), such excess shall be carried to the succeeding 
     taxable year and added to the credit allowable under 
     subsection (a) for such taxable year.
       ``(2) Rule for other years.--In the case of a taxable year 
     to which section 26(a)(2) does not apply, if the credit 
     allowable under subsection (a) for any taxable year exceeds 
     the limitation imposed by subsection (b)(4) for such taxable 
     year, such excess shall be carried to the succeeding taxable 
     year and added to the credit allowable under subsection (a) 
     for such taxable year.
       ``(3) Limitation.--No credit may be carried forward under 
     this subsection to any taxable year following the fifth 
     taxable year after the taxable year in which the credit 
     arose. For purposes of the preceding sentence, credits shall 
     be treated as used on a first-in first-out basis.''.
       (B)(i) The matter preceding subparagraph (A) of section 
     24(b)(3) is amended by striking ``The credit'' and inserting 
     ``In the case of a taxable year to which section 26(a)(2) 
     does not apply, the credit''.
       (ii) Paragraph (1) of section 24(d) is amended to read as 
     follows:
       ``(1) In general.--The aggregate credits allowed to a 
     taxpayer under subpart C shall be increased by the lesser 
     of--
       ``(A) the credit which would be allowed under this section 
     without regard to this subsection and the limitation under 
     section 26(a)(2) or subsection (b)(3), as the case may be, or
       ``(B) the amount by which the aggregate amount of credits 
     allowed by this subpart (determined without regard to this 
     subsection) would increase if the limitation imposed by 
     section 26(a)(2) or subsection (b)(3), as the case may be, 
     were increased by the excess (if any) of--
       ``(i) 15 percent of so much of the taxpayer's earned income 
     (within the meaning of section 32) which is taken into 
     account in computing taxable income for the taxable year as 
     exceeds $10,000, or
       ``(ii) in the case of a taxpayer with 3 or more qualifying 
     children, the excess (if any) of--

       ``(I) the taxpayer's social security taxes for the taxable 
     year, over
       ``(II) the credit allowed under section for the taxable 
     year.

     The amount of the credit allowed under this subsection shall 
     not be treated as a credit allowed under this subpart and 
     shall reduce the amount of credit otherwise allowable under 
     subsection (a) without regard to section 26(a)(2) or 
     subsection (b)(3), as the case may be. For purposes of 
     subparagraph (B), any amount excluded from gross income by 
     reason of section 112 shall be treated as earned income which 
     is taken into account in computing taxable income for the 
     taxable year.''.
       (C) Subparagraph (C) of section 25(e)(1) is amended to read 
     as follows:

[[Page 28972]]

       ``(C) Applicable tax limit.--For purposes of this 
     paragraph, the term `applicable tax limit' means--
       ``(i) in the case of a taxable year to which section 
     26(a)(2) applies, the limitation imposed by section 26(a)(2) 
     for the taxable year reduced by the sum of the credits 
     allowable under this subpart (other than this section and 
     sections 23, 25D, and 1400C), and
       ``(ii) in the case of a taxable year to which section 
     26(a)(2) does not apply, the limitation imposed by section 
     26(a)(1) for the taxable year reduced by the sum of the 
     credits allowable under this subpart (other than this section 
     and sections 23, 24, 25B, 25D, and 1400C).''.
       (D) The matter preceding paragraph (1) of section 25B(g) is 
     amended by striking ``The credit'' and inserting ``In the 
     case of a taxable year to which section 26(a)(2) does not 
     apply, the credit''.
       (E) Subsection (c) of section 25D is amended to read as 
     follows:
       ``(c) Carryforward of Unused Credit.--
       ``(1) Rule for years in which all personal credits allowed 
     against regular and alternative minimum tax.--In the case of 
     a taxable year to which section 26(a)(2) applies, if the 
     credit allowable under subsection (a) exceeds the limitation 
     imposed by section 26(a)(2) for such taxable year reduced by 
     the sum of the credits allowable under this subpart (other 
     than this section), such excess shall be carried to the 
     succeeding taxable year and added to the credit allowable 
     under subsection (a) for such succeeding taxable year.
       ``(2) Rule for other years.--In the case of a taxable year 
     to which section 26(a)(2) does not apply, if the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a)(1) for such taxable year reduced by the sum 
     of the credits allowable under this subpart (other than this 
     section and sections 23, 24, and 25B), such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such succeeding 
     taxable year.''.
       (F) Subsection (d) of section 1400C is amended to read as 
     follows:
       ``(d) Carryforward of Unused Credit.--
       ``(1) Rule for years in which all personal credits allowed 
     against regular and alternative minimum tax.--In the case of 
     a taxable year to which section 26(a)(2) applies, if the 
     credit allowable under subsection (a) exceeds the limitation 
     imposed by section 26(a)(2) for such taxable year reduced by 
     the sum of the credits allowable under subpart A of part IV 
     of subchapter A (other than this section and section 25D), 
     such excess shall be carried to the succeeding taxable year 
     and added to the credit allowable under subsection (a) for 
     such taxable year.
       ``(2) Rule for other years.--In the case of a taxable year 
     to which section 26(a)(2) does not apply, if the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a)(1) for such taxable year reduced by the sum 
     of the credits allowable under subpart A of part IV of 
     subchapter A (other than this section and sections 23, 24, 
     25B, and 25D), such excess shall be carried to the succeeding 
     taxable year and added to the credit allowable under 
     subsection (a) for such taxable year.''.
       (G) Subsection (i) of section 904 is amended to read as 
     follows:
       ``(i) Coordination With Nonrefundable Personal Credits.--In 
     the case of any taxable year of an individual to which 
     section 26(a)(2) does not apply, for purposes of subsection 
     (a), the tax against which the credit is taken is such tax 
     reduced by the sum of the credits allowable under subpart A 
     of part IV of subchapter A of this chapter (other than 
     sections 23, 24, and 25B).''.
       (H) Application of egtrra sunset.--The amendments made by 
     this paragraph (and each part thereof) shall be subject to 
     title IX of the Economic Growth and Tax Relief Reconciliation 
     Act of 2001 in the same manner as the provisions of such Act 
     to which such amendment (or part thereof) relates.
       (4) Subsection (b) of section 1335 of the Energy Policy Act 
     of 2005 is amended by striking paragraphs (1), (2), and (3). 
     The Internal Revenue Code of 1986 shall be applied and 
     administered as if the amendments made such paragraphs had 
     never been enacted.
       (j) Amendment Related to Section 1341.--Paragraph (6) of 
     section 30B(h) is amended by adding at the end the following 
     sentence: ``For purposes of subsection (g), property to which 
     this paragraph applies shall be treated as of a character 
     subject to an allowance for depreciation.''.
       (k) Amendment Related to Section 1342.--Paragraph (2) of 
     section 30C(e) is amended by adding at the end the following 
     sentence: ``For purposes of subsection (d), property to which 
     this paragraph applies shall be treated as of a character 
     subject to an allowance for depreciation.''.
       (l) Amendments Related to Section 1351.--
       (1) Paragraph (6) of section 41(f) (relating to special 
     rules) is amended by adding at the end the following:
       ``(C) Foreign research.--For purposes of subsection (a)(3), 
     amounts paid or incurred for any energy research conducted 
     outside the United States, the Commonwealth of Puerto Rico, 
     or any possession of the United States shall not be taken 
     into account.
       ``(D) Denial of double benefit.--Any amount taken into 
     account under subsection (a)(3) shall not be taken into 
     account under paragraph (1) or (2) of subsection (a).''.
       (2) Clause (ii) of section 41(b)(3)(C) is amended by 
     striking ``(other than an energy research consortium)''.
       (m) Effective Date.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the amendments made by this section shall take effect as 
     if included in the provisions of the Energy Policy Act of 
     2005 to which they relate.
       (2) Repeal of public utility holding company act of 1935.--
     The amendments made by subsection (a) shall not apply with 
     respect to any transaction ordered in compliance with the 
     Public Utility Holding Company Act of 1935 before its repeal.
       (3) Coordination of personal credits.--The amendments made 
     by subsection (i)(3) shall apply to taxable years beginning 
     after December 31, 2005.

     SEC. 403. AMENDMENTS RELATED TO THE AMERICAN JOBS CREATION 
                   ACT OF 2004.

       (a) Amendments Related to Section 102 of the Act.--
       (1) Paragraph (1) of section 199(b) is amended by striking 
     ``the employer'' and inserting ``the taxpayer''.
       (2) Paragraph (2) of section 199(b) is amended to read as 
     follows:
       ``(2) W-2 wages.--For purposes of this section, the term 
     `W-2 wages' means, with respect to any person for any taxable 
     year of such person, the sum of the amounts described in 
     paragraphs (3) and (8) of section 6051(a) paid by such person 
     with respect to employment of employees by such person during 
     the calendar year ending during such taxable year. Such term 
     shall not include any amount which is not properly included 
     in a return filed with the Social Security Administration on 
     or before the 60th day after the due date (including 
     extensions) for such return.''.
       (3) Subparagraph (B) of section 199(c)(1) is amended by 
     inserting ``and'' at the end of clause (i), by striking 
     clauses (ii) and (iii), and by inserting after clause (i) the 
     following:
       ``(ii) other expenses, losses, or deductions (other than 
     the deduction allowed under this section), which are properly 
     allocable to such receipts.''.
       (4) Paragraph (2) of section 199(c) is amended to read as 
     follows:
       ``(2) Allocation method.--The Secretary shall prescribe 
     rules for the proper allocation of items described in 
     paragraph (1) for purposes of determining qualified 
     production activities income. Such rules shall provide for 
     the proper allocation of items whether or not such items are 
     directly allocable to domestic production gross receipts.''.
       (5) Subparagraph (A) of section 199(c)(4) is amended by 
     striking clauses (ii) and (iii) and inserting the following 
     new clauses:
       ``(ii) in the case of a taxpayer engaged in the active 
     conduct of a construction trade or business, construction of 
     real property performed in the United States by the taxpayer 
     in the ordinary course of such trade or business, or
       ``(iii) in the case of a taxpayer engaged in the active 
     conduct of an engineering or architectural services trade or 
     business, engineering or architectural services performed in 
     the United States by the taxpayer in the ordinary course of 
     such trade or business with respect to the construction of 
     real property in the United States.''.
       (6) Subparagraph (B) of section 199(c)(4) is amended by 
     striking ``and'' at the end of clause (i), by striking the 
     period at the end of clause (ii) and inserting ``, or'', and 
     by adding at the end the following:
       ``(iii) the lease, rental, license, sale, exchange, or 
     other disposition of land.''.
       (7) Paragraph (4) of section 199(c) is amended by adding at 
     the end the following new subparagraphs:
       ``(C) Special rule for certain government contracts.--Gross 
     receipts derived from the manufacture or production of any 
     property described in subparagraph (A)(i)(I) shall be treated 
     as meeting the requirements of subparagraph (A)(i) if--
       ``(i) such property is manufactured or produced by the 
     taxpayer pursuant to a contract with the Federal Government, 
     and
       ``(ii) the Federal Acquisition Regulation requires that 
     title or risk of loss with respect to such property be 
     transferred to the Federal Government before the manufacture 
     or production of such property is complete.
       ``(D) Partnerships owned by expanded affiliated groups.--
     For purposes of this paragraph, if all of the interests in 
     the capital and profits of a partnership are owned by members 
     of a single expanded affiliated group at all times during the 
     taxable year of such partnership, the partnership and all 
     members of such group shall be treated as a single taxpayer 
     during such period.''.
       (8) Paragraph (1) of section 199(d) is amended to read as 
     follows:
       ``(1) Application of section to pass-thru entities.--
       ``(A) Partnerships and s corporations.--In the case of a 
     partnership or S corporation--
       ``(i) this section shall be applied at the partner or 
     shareholder level,
       ``(ii) each partner or shareholder shall take into account 
     such person's allocable share of

[[Page 28973]]

     each item described in subparagraph (A) or (B) of subsection 
     (c)(1) (determined without regard to whether the items 
     described in such subparagraph (A) exceed the items described 
     in such subparagraph (B)), and
       ``(iii) each partner or shareholder shall be treated for 
     purposes of subsection (b) as having W-2 wages for the 
     taxable year in an amount equal to the lesser of--

       ``(I) such person's allocable share of the W-2 wages of the 
     partnership or S corporation for the taxable year (as 
     determined under regulations prescribed by the Secretary), or
       ``(II) 2 times 9 percent of so much of such person's 
     qualified production activities income as is attributable to 
     items allocated under clause (ii) for the taxable year.

       ``(B) Trusts and estates.--In the case of a trust or 
     estate--
       ``(i) the items referred to in subparagraph (A)(ii) (as 
     determined therein) and the W-2 wages of the trust or estate 
     for the taxable year, shall be apportioned between the 
     beneficiaries and the fiduciary (and among the beneficiaries) 
     under regulations prescribed by the Secretary, and
       ``(ii) for purposes of paragraph (2), adjusted gross income 
     of the trust or estate shall be determined as provided in 
     section 67(e) with the adjustments described in such 
     paragraph.
       ``(C) Regulations.--The Secretary may prescribe rules 
     requiring or restricting the allocation of items and wages 
     under this paragraph and may prescribe such reporting 
     requirements as the Secretary determines appropriate.''.
       (9) Paragraph (3) of section 199(d) is amended to read as 
     follows:
       ``(3) Agricultural and horticultural cooperatives.--
       ``(A) Deduction allowed to patrons.--Any person who 
     receives a qualified payment from a specified agricultural or 
     horticultural cooperative shall be allowed for the taxable 
     year in which such payment is received a deduction under 
     subsection (a) equal to the portion of the deduction allowed 
     under subsection (a) to such cooperative which is--
       ``(i) allowed with respect to the portion of the qualified 
     production activities income to which such payment is 
     attributable, and
       ``(ii) identified by such cooperative in a written notice 
     mailed to such person during the payment period described in 
     section 1382(d).
       ``(B) Cooperative denied deduction for portion of qualified 
     payments.--The taxable income of a specified agricultural or 
     horticultural cooperative shall not be reduced under section 
     1382 by reason of that portion of any qualified payment as 
     does not exceed the deduction allowable under subparagraph 
     (A) with respect to such payment.
       ``(C) Taxable income of cooperatives determined without 
     regard to certain deductions.--For purposes of this section, 
     the taxable income of a specified agricultural or 
     horticultural cooperative shall be computed without regard to 
     any deduction allowable under subsection (b) or (c) of 
     section 1382 (relating to patronage dividends, per-unit 
     retain allocations, and nonpatronage distributions).
       ``(D) Special rule for marketing cooperatives.--For 
     purposes of this section, a specified agricultural or 
     horticultural cooperative described in subparagraph (F)(ii) 
     shall be treated as having manufactured, produced, grown, or 
     extracted in whole or significant part any qualifying 
     production property marketed by the organization which its 
     patrons have so manufactured, produced, grown, or extracted.
       ``(E) Qualified payment.--For purposes of this paragraph, 
     the term `qualified payment' means, with respect to any 
     person, any amount which--
       ``(i) is described in paragraph (1) or (3) of section 
     1385(a),
       ``(ii) is received by such person from a specified 
     agricultural or horticultural cooperative, and
       ``(iii) is attributable to qualified production activities 
     income with respect to which a deduction is allowed to such 
     cooperative under subsection (a).
       ``(F) Specified agricultural or horticultural 
     cooperative.--For purposes of this paragraph, the term 
     `specified agricultural or horticultural cooperative' means 
     an organization to which part I of subchapter T applies which 
     is engaged--
       ``(i) in the manufacturing, production, growth, or 
     extraction in whole or significant part of any agricultural 
     or horticultural product, or
       ``(ii) in the marketing of agricultural or horticultural 
     products.''.
       (10) Clause (i) of section 199(d)(4)(B) is amended--
       (A) by striking ``50 percent'' and inserting ``more than 50 
     percent'', and
       (B) by striking ``80 percent'' and inserting ``at least 80 
     percent''.
       (11)(A) Paragraph (6) of section 199(d) is amended to read 
     as follows:
       ``(6) Coordination with minimum tax.--For purposes of 
     determining alternative minimum taxable income under section 
     55--
       ``(A) qualified production activities income shall be 
     determined without regard to any adjustments under sections 
     56 through 59, and
       ``(B) in the case of a corporation, subsection (a)(1)(B) 
     shall be applied by substituting `alternative minimum taxable 
     income' for `taxable income'.''.
       (B) Paragraph (2) of section 199(a) is amended by striking 
     ``subsections (d)(1) and (d)(6)'' and inserting ``subsection 
     (d)(1)''.
       (12) Subsection (d) of section 199 is amended by 
     redesignating paragraph (7) as paragraph (8) and by inserting 
     after paragraph (6) the following new paragraph:
       ``(7) Unrelated business taxable income.--For purposes of 
     determining the tax imposed by section 511, subsection 
     (a)(1)(B) shall be applied by substituting `unrelated 
     business taxable income' for `taxable income'.''.
       (13) Paragraph (8) of section 199(d), as redesignated by 
     paragraph (12), is amended by inserting ``, including 
     regulations which prevent more than 1 taxpayer from being 
     allowed a deduction under this section with respect to any 
     activity described in subsection (c)(4)(A)(i)'' before the 
     period at the end.
       (14) Clauses (i)(II) and (ii)(II) of section 56(d)(1)(A) 
     are each amended by striking ``such deduction'' and inserting 
     ``such deduction and the deduction under section 199''.
       (15) Clause (i) of section 163(j)(6)(A) is amended by 
     striking ``and'' at the end of subclause (II), by 
     redesignating subclause (III) as subclause (IV), and by 
     inserting after subclause (II) the following new subclause:

       ``(III) any deduction allowable under section 199, and''.

       (16) Paragraph (2) of section 170(b) is amended by 
     redesignating subparagraphs (C) and (D) as subparagraphs (D) 
     and (E), respectively, and by inserting after subparagraph 
     (B) the following new subparagraph:
       ``(C) section 199,''.
       (17) Subsection (d) of section 172 is amended by adding at 
     the end the following new paragraph:
       ``(7) Manufacturing deduction.--The deduction under section 
     199 shall not be allowed.''.
       (18) Paragraph (1) of section 613A(d) is amended by 
     redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively, and by 
     inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) any deduction allowable under section 199,''.
       (19) Subsection (e) of section 102 of the American Jobs 
     Creation Act of 2004 is amended to read as follows:
       ``(e) Effective Date.--
       ``(1) In general.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.
       ``(2) Application to pass-thru entities, etc.--In 
     determining the deduction under section 199 of the Internal 
     Revenue Code of 1986 (as added by this section), items 
     arising from a taxable year of a partnership, S corporation, 
     estate, or trust beginning before January 1, 2005, shall not 
     be taken into account for purposes of subsection (d)(1) of 
     such section.''.
       (b) Amendment Related to Section 231 of the Act.--Paragraph 
     (1) of section 1361(c) is amended to read as follows:
       ``(1) Members of a family treated as 1 shareholder.--
       ``(A) In general.--For purposes of subsection (b)(1)(A), 
     there shall be treated as one shareholder--
       ``(i) a husband and wife (and their estates), and
       ``(ii) all members of a family (and their estates).
       ``(B) Members of a family.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `members of a family' means a 
     common ancestor, any lineal descendant of such common 
     ancestor, and any spouse or former spouse of such common 
     ancestor or any such lineal descendant.
       ``(ii) Common ancestor.--An individual shall not be 
     considered to be a common ancestor if, on the applicable 
     date, the individual is more than 6 generations removed from 
     the youngest generation of shareholders who would (but for 
     this subparagraph) be members of the family. For purposes of 
     the preceding sentence, a spouse (or former spouse) shall be 
     treated as being of the same generation as the individual to 
     whom such spouse is (or was) married.
       ``(iii) Applicable date.--The term `applicable date' means 
     the latest of--

       ``(I) the date the election under section 1362(a) is made,
       ``(II) the earliest date that an individual described in 
     clause (i) holds stock in the S corporation, or
       ``(III) October 22, 2004.

       ``(C) Effect of adoption, etc.--Any legally adopted child 
     of an individual, any child who is lawfully placed with an 
     individual for legal adoption by the individual, and any 
     eligible foster child of an individual (within the meaning of 
     section 152(f)(1)(C)), shall be treated as a child of such 
     individual by blood.''.
       (c) Amendment Related to Section 235 of the Act.--
     Subsection (b) of section 235 of the American Jobs Creation 
     Act of 2004 is amended by striking ``taxable years 
     beginning'' and inserting ``transfers''.
       (d) Amendments Related to Section 243 of the Act.--
       (1) Paragraph (7) of section 856(c) is amended to read as 
     follows:
       ``(7) Rules of application for failure to satisfy paragraph 
     (4).--
       ``(A) In general.--A corporation, trust, or association 
     that fails to meet the requirements of paragraph (4) (other 
     than a failure

[[Page 28974]]

     to meet the requirements of paragraph (4)(B)(iii) which is 
     described in subparagraph (B)(i) of this paragraph) for a 
     particular quarter shall nevertheless be considered to have 
     satisfied the requirements of such paragraph for such quarter 
     if--
       ``(i) following the corporation, trust, or association's 
     identification of the failure to satisfy the requirements of 
     such paragraph for a particular quarter, a description of 
     each asset that causes the corporation, trust, or association 
     to fail to satisfy the requirements of such paragraph at the 
     close of such quarter of any taxable year is set forth in a 
     schedule for such quarter filed in accordance with 
     regulations prescribed by the Secretary,
       ``(ii) the failure to meet the requirements of such 
     paragraph for a particular quarter is due to reasonable cause 
     and not due to willful neglect, and
       ``(iii)(I) the corporation, trust, or association disposes 
     of the assets set forth on the schedule specified in clause 
     (i) within 6 months after the last day of the quarter in 
     which the corporation, trust or association's identification 
     of the failure to satisfy the requirements of such paragraph 
     occurred or such other time period prescribed by the 
     Secretary and in the manner prescribed by the Secretary, or
       ``(II) the requirements of such paragraph are otherwise met 
     within the time period specified in subclause (I).
       ``(B) Rule for certain de minimis failures.--A corporation, 
     trust, or association that fails to meet the requirements of 
     paragraph (4)(B)(iii) for a particular quarter shall 
     nevertheless be considered to have satisfied the requirements 
     of such paragraph for such quarter if--
       ``(i) such failure is due to the ownership of assets the 
     total value of which does not exceed the lesser of--

       ``(I) 1 percent of the total value of the trust's assets at 
     the end of the quarter for which such measurement is done, 
     and
       ``(II) $10,000,000, and

       ``(ii)(I) the corporation, trust, or association, following 
     the identification of such failure, disposes of assets in 
     order to meet the requirements of such paragraph within 6 
     months after the last day of the quarter in which the 
     corporation, trust or association's identification of the 
     failure to satisfy the requirements of such paragraph 
     occurred or such other time period prescribed by the 
     Secretary and in the manner prescribed by the Secretary, or
       ``(II) the requirements of such paragraph are otherwise met 
     within the time period specified in subclause (I).
       ``(C) Tax.--
       ``(i) Tax imposed.--If subparagraph (A) applies to a 
     corporation, trust, or association for any taxable year, 
     there is hereby imposed on such corporation, trust, or 
     association a tax in an amount equal to the greater of--

       ``(I) $50,000, or
       ``(II) the amount determined (pursuant to regulations 
     promulgated by the Secretary) by multiplying the net income 
     generated by the assets described in the schedule specified 
     in subparagraph (A)(i) for the period specified in clause 
     (ii) by the highest rate of tax specified in section 11.

       ``(ii) Period.--For purposes of clause (i)(II), the period 
     described in this clause is the period beginning on the first 
     date that the failure to satisfy the requirements of such 
     paragraph (4) occurs as a result of the ownership of such 
     assets and ending on the earlier of the date on which the 
     trust disposes of such assets or the end of the first quarter 
     when there is no longer a failure to satisfy such paragraph 
     (4).
       ``(iii) Administrative provisions.--For purposes of 
     subtitle F, the taxes imposed by this subparagraph shall be 
     treated as excise taxes with respect to which the deficiency 
     procedures of such subtitle apply.''.
       (2) Subsection (m) of section 856 is amended by adding at 
     the end the following new paragraph:
       ``(6) Transition rule.--
       ``(A) In general.--Notwithstanding paragraph (2)(C), 
     securities held by a trust shall not be considered securities 
     held by the trust for purposes of subsection 
     (c)(4)(B)(iii)(III) during any period beginning on or before 
     October 22, 2004, if such securities--
       ``(i) are held by such trust continuously during such 
     period, and
       ``(ii) would not be taken into account for purposes of such 
     subsection by reason of paragraph (7)(C) of subsection (c) 
     (as in effect on October 22, 2004) if the amendments made by 
     section 243 of the American Jobs Creation Act of 2004 had 
     never been enacted.
       ``(B) Rule not to apply to securities held after maturity 
     date.--Subparagraph (A) shall not apply with respect to any 
     security after the later of October 22, 2004, or the latest 
     maturity date under the contract (as in effect on October 22, 
     2004) taking into account any renewal or extension permitted 
     under the contract if such renewal or extension does not 
     significantly modify any other terms of the contract.
       ``(C) Successors.--If the successor of a trust to which 
     this paragraph applies acquires securities in a transaction 
     to which section 381 applies, such trusts shall be treated as 
     a single entity for purposes of determining the holding 
     period of such securities under subparagraph (A).''.
       (3) Subparagraph (E) of section 857(b)(2) is amended by 
     striking ``section 856(c)(7)(B)(iii), and section 
     856(g)(1).'' and inserting ``section 856(c)(7)(C), and 
     section 856(g)(5)''.
       (4) Subsection (g) of section 243 of the American Jobs 
     Creation Act of 2004 is amended to read as follows:
       ``(g) Effective Dates.--
       ``(1) Subsections (a) and (b).--The amendments made by 
     subsections (a) and (b) shall apply to taxable years 
     beginning after December 31, 2000.
       ``(2) Subsections (c) and (e).--The amendments made by 
     subsections (c) and (e) shall apply to taxable years 
     beginning after the date of the enactment of this Act.
       ``(3) Subsection (d).--The amendment made by subsection (d) 
     shall apply to transactions entered into after December 31, 
     2004.
       ``(4) Subsection (f).--
       ``(A) The amendment made by paragraph (1) of subsection (f) 
     shall apply to failures with respect to which the 
     requirements of subparagraph (A) or (B) of section 856(c)(7) 
     of the Internal Revenue Code of 1986 (as added by such 
     paragraph) are satisfied after the date of the enactment of 
     this Act.
       ``(B) The amendment made by paragraph (2) of subsection (f) 
     shall apply to failures with respect to which the 
     requirements of paragraph (6) of section 856(c) of the 
     Internal Revenue Code of 1986 (as amended by such paragraph) 
     are satisfied after the date of the enactment of this Act.
       ``(C) The amendments made by paragraph (3) of subsection 
     (f) shall apply to failures with respect to which the 
     requirements of paragraph (5) of section 856(g) of the 
     Internal Revenue Code of 1986 (as added by such paragraph) 
     are satisfied after the date of the enactment of this Act.
       ``(D) The amendment made by paragraph (4) of subsection (f) 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
       ``(E) The amendments made by paragraph (5) of subsection 
     (f) shall apply to statements filed after the date of the 
     enactment of this Act.''.
       (e) Amendments Related to Section 244 of the Act.--
       (1) Paragraph (2) of section 181(d) is amended by striking 
     the last sentence in subparagraph (A), by redesignating 
     subparagraph (B) as subparagraph (C), and by inserting after 
     subparagraph (A) the following new subparagraph:
       ``(B) Special rules for television series.--In the case of 
     a television series--
       ``(i) each episode of such series shall be treated as a 
     separate production, and
       ``(ii) only the first 44 episodes of such series shall be 
     taken into account.''.
       (2) Subparagraph (C) of section 1245(a)(2) is amended by 
     inserting ``181,'' after ``179B,''.
       (f) Amendments Related to Section 245 of the Act.--
       (1) Subsection (b) of section 45G is amended to read as 
     follows:
       ``(b) Limitation.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the product of--
       ``(A) $3,500, multiplied by
       ``(B) the sum of--
       ``(i) the number of miles of railroad track owned or leased 
     by the eligible taxpayer as of the close of the taxable year, 
     and
       ``(ii) the number of miles of railroad track assigned for 
     purposes of this subsection to the eligible taxpayer by a 
     Class II or Class III railroad which owns or leases such 
     railroad track as of the close of the taxable year.
       ``(2) Assignments.--With respect to any assignment of a 
     mile of railroad track under paragraph (1)(B)(ii)--
       ``(A) such assignment may be made only once per taxable 
     year of the Class II or Class III railroad and shall be 
     treated as made as of the close of such taxable year,
       ``(B) such mile may not be taken into account under this 
     section by such railroad for such taxable year, and
       ``(C) such assignment shall be taken into account for the 
     taxable year of the assignee which includes the date that 
     such assignment is treated as effective.''.
       (2) Paragraph (2) of section 45G(c) is amended to read as 
     follows:
       ``(2) any person who transports property using the rail 
     facilities of a Class II or Class III railroad or who 
     furnishes railroad-related property or services to a Class II 
     or Class III railroad, but only with respect to miles of 
     railroad track assigned to such person by such Class II or 
     Class III railroad for purposes of subsection (b).''.
       (g) Amendments Related to Section 248 of the Act.--
       (1)(A) Subsection (d) of section 1353 is amended by 
     striking ``ownership and charter interests'' and inserting 
     ``ownership, charter, and operating agreement interests''.
       (B) Subsection (a) of section 1355 is amended by striking 
     paragraph (8).
       (C) Paragraph (1) of section 1355(b) is amended to read as 
     follows:
       ``(1) In general.--Except as provided in paragraph (2), a 
     person is treated as operating any vessel during any period 
     if--
       ``(A)(i) such vessel is owned by, or chartered (including a 
     time charter) to, the person, or

[[Page 28975]]

       ``(ii) the person provides services for such vessel 
     pursuant to an operating agreement, and
       ``(B) such vessel is in use as a qualifying vessel during 
     such period.''.
       (D) Paragraph (3) of section 1355(d) is amended to read as 
     follows:
       ``(3) the extent of a partner's ownership, charter, or 
     operating agreement interest in any vessel operated by the 
     partnership shall be determined on the basis of the partner's 
     interest in the partnership.''.
       (2) Paragraph (3) of section 1355(c) is amended by striking 
     ``determined--'' and all that follows and inserting 
     ``determined by treating all members of such group as 1 
     person.''
       (3) Subsection (c) of section 1356 is amended--
       (A) by striking paragraph (3), and
       (B) by adding at the end of paragraph (2) the following new 
     flush sentence:
       ``Such term shall not include any core qualifying 
     activities.''.
       (4) The last sentence of section 1354(b) is amended by 
     inserting ``on or'' after ``only if made''.
       (h) Amendment Related to Section 314 of the Act.--Paragraph 
     (2) of section 55(c) is amended by striking ``regular tax'' 
     and inserting ``regular tax liability''.
       (i) Amendments Related to Section 322 of the Act.--
       (1)(A) Subparagraph (B) of section 194(b)(1) is amended to 
     read as follows:
       ``(B) Dollar limitation.--The aggregate amount of 
     reforestation expenditures which may be taken into account 
     under subparagraph (A) with respect to each qualified timber 
     property for any taxable year shall not exceed--
       ``(i) except as provided in clause (ii) or (iii), $10,000,
       ``(ii) in the case of a separate return by a married 
     individual (as defined in section 7703), $5,000, and
       ``(iii) in the case of a trust, zero.''.
       (B) Paragraph (4) of section 194(c) is amended to read as 
     follows:
       ``(4) Treatment of trusts and estates.--The aggregate 
     amount of reforestation expenditures incurred by any trust or 
     estate shall be apportioned between the income beneficiaries 
     and the fiduciary under regulations prescribed by the 
     Secretary. Any amount so apportioned to a beneficiary shall 
     be taken into account as expenditures incurred by such 
     beneficiary in applying this section to such beneficiary.''.
       (2) Subparagraph (C) of section 1245(a)(2) is amended by 
     striking ``or 193'' and inserting ``193, or 194''.
       (j) Amendments Related to Section 336 of the Act.--
       (1) Clause (iv) of section 168(k)(2)(A) is amended by 
     striking ``subparagraphs (B) and (C)'' and inserting 
     ``subparagraph (B) or (C)''.
       (2) Clause (iii) of section 168(k)(4)(B) is amended by 
     striking ``and paragraph (2)(C)'' and inserting ``or 
     paragraph (2)(C) (as so modified)''.
       (k) Amendment Related to Section 402 of the Act.--Paragraph 
     (2) of section 904(g) is amended to read as follows:
       ``(2) Overall domestic loss.--For purposes of this 
     subsection--
       ``(A) In general.--The term `overall domestic loss' means--
       ``(i) with respect to any qualified taxable year, the 
     domestic loss for such taxable year to the extent such loss 
     offsets taxable income from sources without the United States 
     for the taxable year or for any preceding qualified taxable 
     year by reason of a carryback, and
       ``(ii) with respect to any other taxable year, the domestic 
     loss for such taxable year to the extent such loss offsets 
     taxable income from sources without the United States for any 
     preceding qualified taxable year by reason of a carryback.
       ``(B) Domestic loss.--For purposes of subparagraph (A), the 
     term `domestic loss' means the amount by which the gross 
     income for the taxable year from sources within the United 
     States is exceeded by the sum of the deductions properly 
     apportioned or allocated thereto (determined without regard 
     to any carryback from a subsequent taxable year).
       ``(C) Qualified taxable year.--For purposes of subparagraph 
     (A), the term `qualified taxable year' means any taxable year 
     for which the taxpayer chose the benefits of this subpart.''.
       (l) Amendment Related to Section 403 of the Act.--Section 
     403 of the American Jobs Creation Act of 2004 is amended by 
     adding at the end the following new subsection:
       ``(d) Transition Rule.--If the taxpayer elects (at such 
     time and in such form and manner as the Secretary of the 
     Treasury may prescribe) to have the rules of this subsection 
     apply--
       ``(1) the amendments made by this section shall not apply 
     to taxable years beginning after December 31, 2002, and 
     before January 1, 2005, and
       ``(2) in the case of taxable years beginning after December 
     31, 2004, clause (iv) of section 904(d)(4)(C) of the Internal 
     Revenue Code of 1986 (as amended by this section) shall be 
     applied by substituting `January 1, 2005' for `January 1, 
     2003' both places it appears.''.
       (m) Amendment Related to Section 412 of the Act.--
     Subparagraph (B) of section 954(c)(4) is amended by adding at 
     the end the following: ``If a controlled foreign corporation 
     is treated as owning a capital or profits interest in a 
     partnership under constructive ownership rules similar to the 
     rules of section 958(b), the controlled foreign corporation 
     shall be treated as owning such interest directly for 
     purposes of this subparagraph.''.
       (n) Amendments Related to Section 413 of the Act.--
       (1) Subsection (b) of section 532 is amended by striking 
     paragraph (2) and redesignating paragraphs (3) and (4) as 
     paragraphs (2) and (3), respectively.
       (2) Subsection (b) of section 535 is amended by adding at 
     the end the following new paragraph:
       ``(10) Controlled foreign corporations.--There shall be 
     allowed as a deduction the amount of the corporation's income 
     for the taxable year which is included in the gross income of 
     a United States shareholder under section 951(a). In the case 
     of any corporation the accumulated taxable income of which 
     would (but for this sentence) be determined without allowance 
     of any deductions, the deduction under this paragraph shall 
     be allowed and shall be appropriately adjusted to take into 
     account any deductions which reduced such inclusion.''.
       (3)(A) Section 6683 is repealed.
       (B) The table of sections for part I of subchapter B of 
     chapter 68 is amended by striking the item relating to 
     section 6683.
       (o) Amendment Related to Section 415 of the Act.--
     Subparagraph (D) of section 904(d)(2) is amended by inserting 
     ``as in effect before its repeal'' after ``section 954(f)''.
       (p) Amendments Related to Section 418 of the Act.--
       (1) The second sentence of section 897(h)(1) is amended--
       (A) by striking ``any distribution'' and all that follows 
     through ``any class of stock'' and inserting ``any 
     distribution by a real estate investment trust with respect 
     to any class of stock'', and
       (B) by striking ``the taxable year'' and inserting ``the 1-
     year period ending on the date of the distribution''.
       (2) Subsection (c) of section 418 of the American Jobs 
     Creation Act of 2004 is amended to read as follows:
       ``(c) Effective Date.--The amendments made by this section 
     shall apply to--
       ``(1) any distribution by a real estate investment trust 
     which is treated as a deduction for a taxable year of such 
     trust beginning after the date of the enactment of this Act, 
     and
       ``(2) any distribution by a real estate investment trust 
     made after such date which is treated as a deduction under 
     section 860 for a taxable year of such trust beginning on or 
     before such date.''.
       (q) Amendments Related to Section 422 of the Act.--
       (1) Subparagraph (B) of section 965(a)(2) is amended by 
     inserting ``from another controlled foreign corporation in 
     such chain of ownership'' before ``, but only to the 
     extent''.
       (2) Subparagraph (A) of section 965(b)(2) is amended by 
     inserting ``cash'' before ``dividends''.
       (3) Paragraph (3) of section 965(b) is amended by adding at 
     the end the following: ``The Secretary may prescribe such 
     regulations as may be necessary or appropriate to prevent the 
     avoidance of the purposes of this paragraph, including 
     regulations which provide that cash dividends shall not be 
     taken into account under subsection (a) to the extent such 
     dividends are attributable to the direct or indirect transfer 
     (including through the use of intervening entities or capital 
     contributions) of cash or other property from a related 
     person (as so defined) to a controlled foreign 
     corporation.''.
       (4) Paragraph (1) of section 965(c) is amended to read as 
     follows:
       ``(1) Applicable financial statement.--The term `applicable 
     financial statement' means--
       ``(A) with respect to a United States shareholder which is 
     required to file a financial statement with the Securities 
     and Exchange Commission (or which is included in such a 
     statement so filed by another person), the most recent 
     audited annual financial statement (including the notes which 
     form an integral part of such statement) of such shareholder 
     (or which includes such shareholder)--
       ``(i) which was so filed on or before June 30, 2003, and
       ``(ii) which was certified on or before June 30, 2003, as 
     being prepared in accordance with generally accepted 
     accounting principles, and
       ``(B) with respect to any other United States shareholder, 
     the most recent audited financial statement (including the 
     notes which form an integral part of such statement) of such 
     shareholder (or which includes such shareholder)--
       ``(i) which was certified on or before June 30, 2003, as 
     being prepared in accordance with generally accepted 
     accounting principles, and
       ``(ii) which is used for the purposes of a statement or 
     report--

       ``(I) to creditors,
       ``(II) to shareholders, or
       ``(III) for any other substantial nontax purpose.''.

       (5) Paragraph (2) of section 965(d) is amended by striking 
     ``properly allocated and apportioned'' and inserting 
     ``directly allocable''.

[[Page 28976]]

       (6) Subsection (d) of section 965 is amended by adding at 
     the end the following new paragraph:
       ``(4) Coordination with section 78.--Section 78 shall not 
     apply to any tax which is not allowable as a credit under 
     section 901 by reason of this subsection.''.
       (7) The last sentence of section 965(e)(1) is amended by 
     inserting ``which are imposed by foreign countries and 
     possessions of the United States and are'' after ``taxes''.
       (8) Subsection (f) of section 965 is amended by inserting 
     ``on or'' before ``before the due date''.
       (r) Amendments Related to Section 501 of the Act.--
       (1) Subparagraph (A) of section 164(b)(5) is amended to 
     read as follows:
       ``(A) Election to deduct state and local sales taxes in 
     lieu of state and local income taxes.--At the election of the 
     taxpayer for the taxable year, subsection (a) shall be 
     applied--
       ``(i) without regard to the reference to State and local 
     income taxes, and
       ``(ii) as if State and local general sales taxes were 
     referred to in a paragraph thereof.''.
       (2) Clause (ii) of section 56(b)(1)(A) is amended by 
     inserting ``or clause (ii) of section 164(b)(5)(A)'' before 
     the period at the end.
       (s) Amendments Related to Section 708 of the Act.--Section 
     708 of the American Jobs Creation Act of 2004 is amended--
       (1) in subsection (a), by striking ``contract commencement 
     date'' and inserting ``construction commencement date'', and
       (2) by redesignating subsection (d) as subsection (e) and 
     inserting after subsection (c) the following new subsection:
       ``(d) Certain Adjustments Not to Apply.--Section 481 of the 
     Internal Revenue Code of 1986 shall not apply with respect to 
     any change in the method of accounting which is required by 
     this section.''.
       (t) Amendment Related to Section 710 of the Act.--Clause 
     (i) of section 45(c)(7)(A) is amended by striking 
     ``synthetic''.
       (u) Amendment Related to Section 801 of the Act.--Paragraph 
     (3) of section 7874(a) is amended to read as follows:
       ``(3) Coordination with subsection (b).--A corporation 
     which is treated as a domestic corporation under subsection 
     (b) shall not be treated as a surrogate foreign corporation 
     for purposes of paragraph (2)(A).''.
       (v) Amendments Related to Section 804 of the Act.--
       (1) Subparagraph (C) of section 877(g)(2) is amended by 
     striking ``section 7701(b)(3)(D)(ii)'' and inserting 
     ``section 7701(b)(3)(D)''.
       (2) Subsection (n) of section 7701 is amended to read as 
     follows:
       ``(n) Special Rules for Determining When an Individual Is 
     No Longer a United States Citizen or Long-Term Resident.--For 
     purposes of this chapter--
       ``(1) United states citizens.--An individual who would (but 
     for this paragraph) cease to be treated as a citizen of the 
     United States shall continue to be treated as a citizen of 
     the United States until such individual--
       ``(A) gives notice of an expatriating act (with the 
     requisite intent to relinquish citizenship) to the Secretary 
     of State, and
       ``(B) provides a statement in accordance with section 6039G 
     (if such a statement is otherwise required).
       ``(2) Long-term residents.--A long-term resident (as 
     defined in section 877(e)(2)) who would (but for this 
     paragraph) be described in section 877(e)(1) shall be treated 
     as a lawful permanent resident of the United States and as 
     not described in section 877(e)(1) until such individual--
       ``(A) gives notice of termination of residency (with the 
     requisite intent to terminate residency) to the Secretary of 
     Homeland Security, and
       ``(B) provides a statement in accordance with section 6039G 
     (if such a statement is otherwise required).''.
       (w) Amendment Related to Section 811 of the Act.--
     Subsection (c) of section 811 of the American Jobs Creation 
     Act of 2004 is amended by inserting ``and which were not 
     filed before such date'' before the period at the end.
       (x) Amendments Related to Section 812 of the Act.--
       (1) Subsection (b) of section 6662 is amended by adding at 
     the end the following new sentence: ``Except as provided in 
     paragraph (1) or (2)(B) of section 6662A(e), this section 
     shall not apply to the portion of any underpayment which is 
     attributable to a reportable transaction understatement on 
     which a penalty is imposed under section 6662A.''
       (2) Paragraph (2) of section 6662A(e) is amended to read as 
     follows:
       ``(2) Coordination with other penalties.--
       ``(A) Coordination with fraud penalty.--This section shall 
     not apply to any portion of an understatement on which a 
     penalty is imposed under section 6663.
       ``(B) Coordination with gross valuation misstatement 
     penalty.--This section shall not apply to any portion of an 
     understatement on which a penalty is imposed under section 
     6662 if the rate of the penalty is determined under section 
     6662(h).''.
       (3) Subsection (f) of section 812 of the American Jobs 
     Creation Act of 2004 is amended to read as follows:
       ``(f) Effective Dates.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     ending after the date of the enactment of this Act.
       ``(2) Disqualified opinions.--Section 6664(d)(3)(B) of the 
     Internal Revenue Code of 1986 (as added by subsection (c)) 
     shall not apply to the opinion of a tax advisor if--
       ``(A) the opinion was provided to the taxpayer before the 
     date of the enactment of this Act,
       ``(B) the opinion relates to one or more transactions all 
     of which were entered into before such date, and
       ``(C) the tax treatment of items relating to each such 
     transaction was included on a return or statement filed by 
     the taxpayer before such date.''.
       (y) Amendment Related to Section 814 of the Act.--
     Subparagraph (B) of section 6501(c)(10) is amended by 
     striking ``(as defined in section 6111)''.
       (z) Amendment Related to Section 815 of the Act.--Paragraph 
     (1) of section 6112(b) is amended by inserting ``(or was 
     required to maintain a list under subsection (a) as in effect 
     before the enactment of the American Jobs Creation Act of 
     2004)'' after ``a list under subsection (a)''.
       (aa) Amendments Related to Section 832 of the Act.--
       (1) Subsection (e) of section 853 is amended to read as 
     follows:
       ``(e) Treatment of Certain Taxes Not Allowed as a Credit 
     Under Section 901.--This section shall not apply to any tax 
     with respect to which the regulated investment company is not 
     allowed a credit under section 901 by reason of subsection 
     (k) or (l) of such section.''.
       (2) Clause (i) of section 901(l)(2)(C) is amended by 
     striking ``if such security were stock''.
       (bb) Amendments Related to Section 833 of the Act.--
       (1) Subsection (a) of section 734 is amended by inserting 
     ``with respect to such distribution'' before the period at 
     the end.
       (2) So much of subsection (b) of section 734 as precedes 
     paragraph (1) is amended to read as follows:
       ``(b) Method of Adjustment.--In the case of a distribution 
     of property to a partner by a partnership with respect to 
     which the election provided in section 754 is in effect or 
     with respect to which there is a substantial basis reduction, 
     the partnership shall--''.
       (cc) Amendment Related to Section 835 of the Act.--
     Paragraph (3) of section 860G(a) is amended--
       (1) in subparagraph (A)(iii)(I), by striking ``the 
     obligation'' and inserting ``a reverse mortgage loan or other 
     obligation'', and
       (2) by striking all that follows subparagraph (C) and 
     inserting the following:

     ``For purposes of subparagraph (A), any obligation secured by 
     stock held by a person as a tenant-stockholder (as defined in 
     section 216) in a cooperative housing corporation (as so 
     defined) shall be treated as secured by an interest in real 
     property. For purposes of subparagraph (A), any obligation 
     originated by the United States or any State (or any 
     political subdivision, agency, or instrumentality of the 
     United States or any State) shall be treated as principally 
     secured by an interest in real property if more than 50 
     percent of such obligations which are transferred to, or 
     purchased by, the REMIC are principally secured by an 
     interest in real property (determined without regard to this 
     sentence).''.
       (dd) Amendments Related to Section 836 of the Act.--
       (1) Paragraph (1) of section 334(b) is amended by striking 
     ``except that'' and all that follows and inserting ``except 
     that, in the hands of such distributee--
       ``(A) the basis of such property shall be the fair market 
     value of the property at the time of the distribution in any 
     case in which gain or loss is recognized by the liquidating 
     corporation with respect to such property, and
       ``(B) the basis of any property described in section 
     362(e)(1)(B) shall be the fair market value of the property 
     at the time of the distribution in any case in which such 
     distributee's aggregate adjusted basis of such property would 
     (but for this subparagraph) exceed the fair market value of 
     such property immediately after such liquidation.''.
       (2) Clause (ii) of section 362(e)(2)(C) is amended to read 
     as follows:
       ``(ii) Election.--Any election under clause (i) shall be 
     made at such time and in such form and manner as the 
     Secretary may prescribe, and, once made, shall be 
     irrevocable.''.
       (ee) Amendment Related to Section 840 of the Act.--
     Subsection (d) of section 121 is amended--
       (1) by redesignating the paragraph (10) relating to 
     property acquired from a decedent as paragraph (11) and by 
     moving such paragraph to the end of such subsection, and
       (2) by amending the paragraph (10) relating to property 
     acquired in like-kind exchange to read as follows:
       ``(10) Property acquired in like-kind exchange.--If a 
     taxpayer acquires property in an exchange with respect to 
     which gain is not recognized (in whole or in part) to the 
     taxpayer under subsection (a) or (b) of section 1031, 
     subsection (a) shall not apply to

[[Page 28977]]

     the sale or exchange of such property by such taxpayer (or by 
     any person whose basis in such property is determined, in 
     whole or in part, by reference to the basis in the hands of 
     such taxpayer) during the 5-year period beginning with the 
     date of such acquisition.''.
       (ff) Amendment Related to Section 849 of the Act.--
     Subsection (a) of section 849 of the American Jobs Creation 
     Act of 2004 is amended by inserting ``, and in the case of 
     property treated as tax-exempt use property other than by 
     reason of a lease, to property acquired after March 12, 
     2004'' before the period at the end.
       (gg) Amendment Related to Section 884 of the Act.--
     Subparagraph (B) of section 170(f)(12) is amended by adding 
     at the end the following new clauses:
       ``(v) Whether the donee organization provided any goods or 
     services in consideration, in whole or in part, for the 
     qualified vehicle.
       ``(vi) A description and good faith estimate of the value 
     of any goods or services referred to in clause (v) or, if 
     such goods or services consist solely of intangible religious 
     benefits (as defined in paragraph (8)(B)), a statement to 
     that effect.''.
       (hh) Amendments Related to Section 885 of the Act.--
       (1) Paragraph (2) of section 26(b) is amended by striking 
     ``and'' at the end of subparagraph (R), by striking the 
     period at the end of subparagraph (S) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(T) subsections (a)(1)(B)(i) and (b)(4)(A) of section 
     409A (relating to interest and additional tax with respect to 
     certain deferred compensation).''.
       (2) Clause (ii) of section 409A(a)(4)(C) is amended by 
     striking ``first''.
       (3)(A) Notwithstanding section 885(d)(1) of the American 
     Jobs Creation Act of 2004, subsection (b) of section 409A of 
     the Internal Revenue Code of 1986 shall take effect on 
     January 1, 2005.
       (B) Not later than 90 days after the date of the enactment 
     of this Act, the Secretary of the Treasury shall issue 
     guidance under which a nonqualified deferred compensation 
     plan which is in violation of the requirements of section 
     409A(b) of such Code shall be treated as not having violated 
     such requirements if such plan comes into conformance with 
     such requirements during such limited period as the Secretary 
     may specify in such guidance.
       (4) Subsection (f) of section 885 of the American Jobs 
     Creation Act of 2004 is amended by striking ``December 31, 
     2004'' the first place it appears and inserting ``January 1, 
     2005''.
       (ii) Amendment Related to Section 888 of the Act.--
     Paragraph (2) of section 1092(a) is amended by striking the 
     last sentence and adding at the end the following new 
     subparagraph:
       ``(C) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this paragraph. Such 
     regulations or other guidance may specify the proper methods 
     for clearly identifying a straddle as an identified straddle 
     (and for identifying the positions comprising such straddle), 
     the rules for the application of this section to a taxpayer 
     which fails to comply with those identification requirements, 
     and the ordering rules in cases where a taxpayer disposes (or 
     otherwise ceases to be the holder) of any part of any 
     position which is part of an identified straddle.''.
       (jj) Amendments Related to Section 898 of the Act.--
       (1) Paragraph (3) of section 361(b) is amended by inserting 
     ``(reduced by the amount of the liabilities assumed (within 
     the meaning of section 357(c)))'' before the period at the 
     end.
       (2) Paragraph (1) of section 357(d) is amended by inserting 
     ``section 361(b)(3),'' after ``section 358(h),''.
       (kk) Amendment Related to Section 899 of the Act.--
     Subparagraph (A) of section 351(g)(3) is amended by adding at 
     the end the following: ``If there is not a real and 
     meaningful likelihood that dividends beyond any limitation or 
     preference will actually be paid, the possibility of such 
     payments will be disregarded in determining whether stock is 
     limited and preferred as to dividends.''.
       (ll) Amendment Related to Section 902 of the Act.--
     Paragraph (1) of section 709(b) is amended by striking 
     ``taxpayer'' both places it appears and inserting 
     ``partnership''.
       (mm) Amendments Related to Section 907 of the Act.--Clause 
     (ii) of section 274(e)(2)(B) is amended--
       (1) in subclause (I), by inserting ``or a related party to 
     the taxpayer'' after ``the taxpayer'',
       (2) in subclause (II), by inserting ``(or such related 
     party)'' after ``the taxpayer'', and
       (3) by adding at the end the following new flush sentence:

     ``For purposes of this clause, a person is a related party 
     with respect to another person if such person bears a 
     relationship to such other person described in section 267(b) 
     or 707(b).''.
       (nn) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     American Jobs Creation Act of 2004 to which they relate.

     SEC. 404. AMENDMENTS RELATED TO THE WORKING FAMILIES TAX 
                   RELIEF ACT OF 2004.

       (a) Amendment Related to Section 201 of the Act.--
     Subsection (e) of section 152 is amended to read as follows:
       ``(e) Special Rule for Divorced Parents, Etc.--
       ``(1) In general.--Notwithstanding subsection (c)(1)(B), 
     (c)(4), or (d)(1)(C), if--
       ``(A) a child receives over one-half of the child's support 
     during the calendar year from the child's parents--
       ``(i) who are divorced or legally separated under a decree 
     of divorce or separate maintenance,
       ``(ii) who are separated under a written separation 
     agreement, or
       ``(iii) who live apart at all times during the last 6 
     months of the calendar year, and--
       ``(B) such child is in the custody of 1 or both of the 
     child's parents for more than one-half of the calendar year, 
     such child shall be treated as being the qualifying child or 
     qualifying relative of the noncustodial parent for a calendar 
     year if the requirements described in paragraph (2) or (3) 
     are met.
       ``(2) Exception where custodial parent releases claim to 
     exemption for the year.--For purposes of paragraph (1), the 
     requirements described in this paragraph are met with respect 
     to any calendar year if--
       ``(A) the custodial parent signs a written declaration (in 
     such manner and form as the Secretary may by regulations 
     prescribe) that such custodial parent will not claim such 
     child as a dependent for any taxable year beginning in such 
     calendar year, and
       ``(B) the noncustodial parent attaches such written 
     declaration to the noncustodial parent's return for the 
     taxable year beginning during such calendar year.
       ``(3) Exception for certain pre-1985 instruments.--
       ``(A) In general .--For purposes of paragraph (1), the 
     requirements described in this paragraph are met with respect 
     to any calendar year if--
       ``(i) a qualified pre-1985 instrument between the parents 
     applicable to the taxable year beginning in such calendar 
     year provides that the noncustodial parent shall be entitled 
     to any deduction allowable under section 151 for such child, 
     and
       ``(ii) the noncustodial parent provides at least $600 for 
     the support of such child during such calendar year.

     For purposes of this subparagraph, amounts expended for the 
     support of a child or children shall be treated as received 
     from the noncustodial parent to the extent that such parent 
     provided amounts for such support.
       ``(B) Qualified pre-1985 instrument.--For purposes of this 
     paragraph, the term `qualified pre-1985 instrument' means any 
     decree of divorce or separate maintenance or written 
     agreement--
       ``(i) which is executed before January 1, 1985,
       ``(ii) which on such date contains the provision described 
     in subparagraph (A)(i), and
       ``(iii) which is not modified on or after such date in a 
     modification which expressly provides that this paragraph 
     shall not apply to such decree or agreement.
       ``(4) Custodial parent and noncustodial parent.--For 
     purposes of this subsection--
       ``(A) Custodial parent.--The term `custodial parent' means 
     the parent having custody for the greater portion of the 
     calendar year.
       ``(B) Noncustodial parent.--The term `noncustodial parent' 
     means the parent who is not the custodial parent.
       ``(5) Exception for multiple-support agreement.--This 
     subsection shall not apply in any case where over one-half of 
     the support of the child is treated as having been received 
     from a taxpayer under the provision of subsection (d)(3).
       ``(6) Special rule for support received from new spouse of 
     parent.--For purposes of this subsection, in the case of the 
     remarriage of a parent, support of a child received from the 
     parent's spouse shall be treated as received from the 
     parent.''.
       (b) Amendment Related to Section 203 of the Act.--
     Subparagraph (B) of section 21(b)(1) is amended by inserting 
     ``(as defined in section 152, determined without regard to 
     subsections (b)(1), (b)(2), and (d)(1)(B))'' after 
     ``dependent of the taxpayer''.
       (c) Amendment Related to Section 207 of the Act.--
     Subparagraph (A) of section 223(d)(2) is amended by inserting 
     ``, determined without regard to subsections (b)(1), (b)(2), 
     and (d)(1)(B) thereof'' after ``section 152''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Working Families Tax Relief Act of 2004 to which they relate.

     SEC. 405. AMENDMENTS RELATED TO THE JOBS AND GROWTH TAX 
                   RELIEF RECONCILIATION ACT OF 2003.

       (a) Amendments Related to Section 201 of the Act.--
       (1) Clause (ii) of section 168(k)(4)(B) is amended to read 
     as follows:
       ``(ii) which is--

       ``(I) acquired by the taxpayer after May 5, 2003, and 
     before January 1, 2005, but only if no written binding 
     contract for the acquisition was in effect before May 6, 
     2003, or

[[Page 28978]]

       ``(II) acquired by the taxpayer pursuant to a written 
     binding contract which was entered into after May 5, 2003, 
     and before January 1, 2005, and''.

       (2) Subparagraph (D) of section 1400L(b)(2) is amended by 
     striking ``September 11, 2004'' and inserting ``January 1, 
     2005''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 201 of the Jobs 
     and Growth Tax Relief and Reconciliation Act of 2003.

     SEC. 406. AMENDMENT RELATED TO THE VICTIMS OF TERRORISM TAX 
                   RELIEF ACT OF 2001.

       (a) Amendment Related to Section 201 of the Act.--Paragraph 
     (17) of section 6103(l) is amended by striking ``subsection 
     (f), (i)(7), or (p)'' and inserting ``subsection (f), (i)(8), 
     or (p)''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 201 of the 
     Victims of Terrorism Tax Relief Act of 2001.

     SEC. 407. AMENDMENTS RELATED TO THE ECONOMIC GROWTH AND TAX 
                   RELIEF RECONCILIATION ACT OF 2001.

       (a) Amendments Related to Section 617 of the Act.--
       (1) Clause (ii) of section 402(g)(7)(A) is amended to read 
     as follows:
       ``(ii) $15,000 reduced by the sum of--

       ``(I) the amounts not included in gross income for prior 
     taxable years by reason of this paragraph, plus
       ``(II) the aggregate amount of designated Roth 
     contributions (as defined in section 402A(c)) for prior 
     taxable years, or''.

       (2) Subparagraph (A) of section 402(g)(1) is amended by 
     inserting ``to'' after ``shall not apply''.
       (b) Amendment Related to Section 632 of the Act.--
     Subparagraph (C) of section 415(c)(7) is amended by striking 
     ``the greater of $3,000'' and all that follows and inserting 
     ``$3,000. This subparagraph shall not apply with respect to 
     any taxable year to any individual whose adjusted gross 
     income for such taxable year (determined separately and 
     without regard to community property laws) exceeds 
     $17,000.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 to 
     which they relate.

     SEC. 408. AMENDMENTS RELATED TO THE INTERNAL REVENUE SERVICE 
                   RESTRUCTURING AND REFORM ACT OF 1998.

       (a) Amendments Related to Section 3415 of the Act.--
       (1) Paragraph (2) of section 7609(c) is amended by 
     inserting ``or'' at the end of subparagraph (D), by striking 
     ``; or'' at the end of subparagraph (E) and inserting a 
     period, and by striking subparagraph (F).
       (2) Subsection (c) of section 7609 is amended by 
     redesignating paragraph (3) as paragraph (4) and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) John doe and certain other summonses.--Subsection (a) 
     shall not apply to any summons described in subsection (f) or 
     (g).''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 3415 of the 
     Internal Revenue Service Restructuring and Reform Act of 
     1998.

     SEC. 409. AMENDMENTS RELATED TO THE TAXPAYER RELIEF ACT OF 
                   1997.

       (a) Amendments Related to Section 1055 of the Act.--
       (1) The last sentence of section 6411(a) is amended by 
     striking ``6611(f)(3)(B)'' and inserting ``6611(f)(4)(B)''.
       (2) Paragraph (4) of section 6601(d) is amended by striking 
     ``6611(f)(3)(A)'' and inserting ``6611(f)(4)(A)''.
       (b) Amendment Related to Section 1112 of the Act.--
     Subsection (c) of section 961 is amended to read as follows:
       ``(c) Basis Adjustments in Stock Held by Foreign 
     Corporations.--Under regulations prescribed by the Secretary, 
     if a United States shareholder is treated under section 
     958(a)(2) as owning stock in a controlled foreign corporation 
     which is owned by another controlled foreign corporation, 
     then adjustments similar to the adjustments provided by 
     subsections (a) and (b) shall be made to--
       ``(1) the basis of such stock, and
       ``(2) the basis of stock in any other controlled foreign 
     corporation by reason of which the United States shareholder 
     is considered under section 958(a)(2) as owning the stock 
     described in paragraph (1),

     but only for the purposes of determining the amount included 
     under section 951 in the gross income of such United States 
     shareholder (or any other United States shareholder who 
     acquires from any person any portion of the interest of such 
     United States shareholder by reason of which such shareholder 
     was treated as owning such stock, but only to the extent of 
     such portion, and subject to such proof of identity of such 
     interest as the Secretary may prescribe by regulations). The 
     preceding sentence shall not apply with respect to any stock 
     to which a basis adjustment applies under subsection (a) or 
     (b).''.
       (c) Amendment Related to Section 1144 of the Act.--
     Subparagraph (B) of section 6038B(a)(1) is amended by 
     inserting ``or'' at the end.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Taxpayer Relief Act of 1997 to which they relate.

     SEC. 410. AMENDMENT RELATED TO THE OMNIBUS BUDGET 
                   RECONCILIATION ACT OF 1990.

       (a) Amendment Related to Section 11813 of the Act.--
     Subclause (I) of section 168(e)(3)(B)(vi) is amended by 
     striking ``if `solar and wind' were substituted for `solar' 
     in clause (i) thereof'' and inserting ``if `solar or wind 
     energy' were substituted for `solar energy' in clause (i) 
     thereof''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 11813 of the 
     Omnibus Budget Reconciliation Act of 1990.

     SEC. 411. AMENDMENT RELATED TO THE OMNIBUS BUDGET 
                   RECONCILIATION ACT OF 1987.

       (a) Amendment Related to Section 10227 of the Act.--Section 
     1363(d) is amended by adding at the end the following new 
     paragraph:
       ``(5) Special rule.--Sections 1367(a)(2)(D) and 1371(c)(1) 
     shall not apply with respect to any increase in the tax 
     imposed by reason of this subsection.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 10227 of the 
     Omnibus Budget Reconciliation Act of 1987.

     SEC. 412. CLERICAL CORRECTIONS.

       (a) Subparagraph (C) of section 2(b)(2) is amended by 
     striking ``subparagraph (C)'' and inserting ``subparagraph 
     (B)''.
       (b) Paragraph (2) of section 25C(b) is amended by striking 
     ``subsection (c)(3)(B)'' and inserting ``subsection 
     (c)(2)(B)''.
       (c) Subparagraph (E) of section 26(b)(2) is amended by 
     striking ``section 530(d)(3)'' and inserting ``section 
     530(d)(4)''.
       (d) Subparagraph (A) of section 30B(g)(2) and subparagraph 
     (A) of section 30C(d)(2) are each amended by striking 
     ``regular tax'' and inserting ``regular tax liability (as 
     defined in section 26(b))''.
       (e) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by striking the item 
     relating to section 30C and inserting the following new item:

``Sec. 30C. Alternative fuel vehicle refueling property credit.''.

       (f)(1) Subclause (II) of section 38(c)(2)(A)(ii) is amended 
     by striking ``or the New York Liberty Zone business employee 
     credit or the specified credits'' and inserting ``, the New 
     York Liberty Zone business employee credit, and the specified 
     credits''.
       (2) Subclause (II) of section 38(c)(3)(A)(ii) is amended by 
     striking ``or the specified credits'' and inserting ``and the 
     specified credits''.
       (3) Subparagraph (B) of section 38(c)(4) is amended--
       (A) by striking ``includes'' and inserting ``means'', and
       (B) by inserting ``and'' at the end of clause (i).
       (g)(1) Subparagraph (A) of section 39(a)(1) is amended by 
     striking ``each of the 1 taxable years'' and inserting ``the 
     taxable year''.
       (2) Subparagraph (B) of section 39(a)(3) is amended to read 
     as follows:
       ``(B) paragraph (1) shall be applied by substituting `each 
     of the 5 taxable years' for `the taxable year' in 
     subparagraph (A) thereof, and''.
       (h) Subparagraph (B) of section 40A(b)(5) is amended by 
     striking ``(determined without regard to the last sentence of 
     subsection (d)(2))''.
       (i) Paragraph (5) of section 43(c) is amended to read as 
     follows:
       ``(5) Alaska natural gas.--For purposes of paragraph 
     (1)(D)--
       ``(A) In general.--The term `Alaska natural gas' means 
     natural gas entering the Alaska natural gas pipeline (as 
     defined in section 168(i)(16) (determined without regard to 
     subparagraph (B) thereof)) which is produced from a well--
       ``(i) located in the area of the State of Alaska lying 
     north of 64 degrees North latitude, determined by excluding 
     the area of the Alaska National Wildlife Refuge (including 
     the continental shelf thereof within the meaning of section 
     638(1)), and
       ``(ii) pursuant to the applicable State and Federal 
     pollution prevention, control, and permit requirements from 
     such area (including the continental shelf thereof within the 
     meaning of section 638(1)).
       ``(B) Natural gas.--The term `natural gas' has the meaning 
     given such term by section 613A(e)(2).''.
       (j) Subsection (d) of section 45 is amended--
       (1) in paragraph (8) by striking ``The term'' and inserting 
     ``In the case of a facility that produces refined coal, the 
     term'', and
       (2) in paragraph (10) by striking ``The term'' and 
     inserting ``In the case of a facility that produces Indian 
     coal, the term''.
       (k) Paragraph (2) of section 45I(a) is amended by striking 
     ``qualified credit oil production'' and inserting ``qualified 
     crude oil production''.
       (l) Subsection (g) of section 45K, as redesignated by 
     section 1322 of the Energy Policy Act of 2005, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``subsection (f)'' and inserting ``subsection (e)'', and
       (2) in paragraph (2)(C), by striking ``subsection (g)'' and 
     inserting ``subsection (f)''.
       (m) Paragraph (1) of section 48(a), as amended by section 
     1336 of the Energy Policy

[[Page 28979]]

     Act of 2005, is amended by striking ``paragraph (1)(B) or 
     (2)(B) of subsection (d)'' and inserting ``paragraphs (1)(B) 
     and (2)(B) of subsection (c)''.
       (n) Subparagraph (A) of section 48(a)(3) is amended--
       (1) by redesignating clause (iii) (relating to qualified 
     fuel cell property or qualified microturbine property), as 
     added by section 1336 of the Energy Policy Act of 2005, as 
     clause (iv) and by moving such clause to the end of such 
     subparagraph, and
       (2) by striking ``or'' at the end of clause (ii).
       (o) Subparagraph (E) of section 50(a)(2) is amended by 
     striking ``section 48(a)(5)'' and inserting ``section 
     48(b)''.
       (p)(1) Paragraph (3) of section 55(c) is amended by 
     inserting ``30B(g)(2), 30C(d)(2),'' after ``30(b)(3),''.
       (2) Section 1341(b)(3) of the Energy Policy Act of 2005 is 
     repealed.
       (3) Section 1342(b)(3) of the Energy Policy Act of 2005 is 
     repealed.
       (q)(1) Subsection (a) of section 62 is amended--
       (A) by redesignating paragraph (19) (relating to costs 
     involving discrimination suits, etc.), as added by section 
     703 of the American Jobs Creation Act of 2004, as paragraph 
     (20), and
       (B) by moving such paragraph after paragraph (19) (relating 
     to health savings accounts).
       (2) Subsection (e) of section 62 is amended by striking 
     ``subsection (a)(19)'' and inserting ``subsection (a)(20)''.
       (r) Paragraph (3) of section 167(f) is amended by striking 
     ``section 197(e)(7)'' and inserting ``section 197(e)(6)''.
       (s) Subparagraph (D) of section 168(i)(15) is amended by 
     striking ``This paragraph shall not apply to'' and inserting 
     ``Such term shall not include''.
       (t) Paragraph (2) of section 221(d) is amended by striking 
     ``this Act'' and inserting ``the Taxpayer Relief Act of 
     1997''.
       (u) Paragraph (8) of section 318(b) is amended by striking 
     ``section 6038(d)(2)'' and inserting ``section 6038(e)(2)''.
       (v) Subparagraph (B) of section 332(d)(1) is amended by 
     striking ``distribution to which section 301 applies'' and 
     inserting ``distribution of property to which section 301 
     applies''.
       (w) Subparagraph (B) of section 403(b)(9) is amended by 
     inserting ``or'' before ``a convention''.
       (x)(1) Clause (i) of section 412(m)(4)(B) is amended by 
     striking ``subsection (c)'' and inserting ``subsection (d)''.
       (2) Clause (i) of section 302(e)(4)(B) of the Employee 
     Retirement Income Security Act of 1974 is amended by striking 
     ``subsection (c)'' and inserting ``subsection (d)''.
       (y) Paragraph (1) of section 415(l) is amended by striking 
     ``individual medical account'' and inserting ``individual 
     medical benefit account''.
       (z) The matter following clause (iv) of section 
     415(n)(3)(C) is amended by striking ``clauses'' and inserting 
     ``clause''.
       (aa) Subparagraph (C) of section 461(i)(3) is amended by 
     striking ``section 6662(d)(2)(C)(iii)'' and inserting 
     ``section 6662(d)(2)(C)(ii)''.
       (bb) Paragraph (12) of section 501(c) is amended--
       (1) by striking ``subparagraph (C)(iii)'' in subparagraph 
     (F) and inserting ``subparagraph (C)(iv)'', and
       (2) by striking ``subparagraph (C)(iv)'' in subparagraph 
     (G) and inserting ``subparagraph (C)(v)''.
       (cc) Clause (ii) of section 501(c)(22)(B) is amended by 
     striking ``clause (ii) of paragraph (21)(B)'' and inserting 
     ``clause (ii) of paragraph (21)(D)''.
       (dd) Paragraph (1) of section 512(b) is amended by striking 
     ``section 512(a)(5)'' and inserting ``subsection (a)(5)''.
       (ee)(1) Subsection (b) of section 512 is amended--
       (A) by redesignating paragraph (18) (relating to the 
     treatment of gain or loss on sale or exchange of certain 
     brownfield sites), as added by section 702 of the American 
     Jobs Creation Act of 2004, as paragraph (19), and
       (B) by moving such paragraph to the end of such subsection.
       (2) Subparagraph (E) of section 514(b)(1) is amended by 
     striking ``section 512(b)(18)'' and inserting ``section 
     512(b)(19)''.
       (3) Paragraph (6) of section 529(c) is amended by striking 
     ``education individual retirement account'' and inserting 
     ``Coverdell education savings account''.
       (ff)(1) Subsection (b) of section 530 is amended by 
     striking paragraph (3) and by redesignating paragraphs (4) 
     and (5) as paragraphs (3) and (4), respectively.
       (2) Clause (ii) of section 530(b)(2)(A) is amended by 
     striking ``paragraph (4)'' and inserting ``paragraph (3)''.
       (gg) Subparagraph (H) of section 613(c)(4) is amended by 
     inserting ``(including in situ retorting)'' after ``and 
     retorting''.
       (hh) Subparagraph (A) of section 856(g)(5) is amended by 
     striking ``subsection (c)(6) or (c)(7) of section 856'' and 
     inserting ``paragraph (2), (3), or (4) of subsection (c)''.
       (ii) Paragraph (6) of section 857(b) is amended--
       (1) in subparagraph (E), by striking ``subparagraph (C)'' 
     and inserting ``subparagraphs (C) and (D)'', and
       (2) in subparagraph (F)--
       (A) by striking ``subparagraph (C) of this paragraph'' and 
     inserting ``subparagraph (C) or (D)'', and
       (B) by striking ``subparagraphs (C) and (D)'' and inserting 
     ``subparagraphs (C), (D), and (E)''.
       (jj) Subparagraph (C) of section 881(e)(1) is amended by 
     inserting ``interest-related dividend received by a 
     controlled foreign corporation'' after ``shall apply to 
     any''.
       (kk) Clause (ii) of section 952(c)(1)(B) is amended--
       (1) by striking ``clause (iii)(III) or (IV)'' and inserting 
     ``subclause (II) or (III) of clause (iii)'', and
       (2) by striking ``clause (iii)(II)'' and inserting ``clause 
     (iii)(I)''.
       (ll) Clause (i) of section 954(c)(1)(C) is amended by 
     striking ``paragraph (4)(A)'' and inserting ``paragraph 
     (5)(A)''.
       (mm) Subparagraph (F) of section 954(c)(1) is amended by 
     striking ``Net income from notional principal contracts.'' 
     after ``Income from notional principal contracts.--''.
       (nn) Paragraph (23) of section 1016(a) is amended by 
     striking ``1045(b)(4)'' and inserting ``1045(b)(3)''.
       (oo) Paragraph (1) of section 1256(f) is amended by 
     striking ``subsection (e)(2)(C)'' and inserting ``subsection 
     (e)(2)''.
       (pp) The matter preceding clause (i) of section 
     1031(h)(2)(B) is amended by striking ``subparagraph'' and 
     inserting ``subparagraphs''.
       (qq) Paragraphs (1) and (2) of section 1375(d) are each 
     amended by striking ``subchapter C'' and inserting 
     ``accumulated''.
       (rr) Each of the following provisions are amended by 
     striking ``General Accounting Office'' each place it appears 
     therein and inserting ``Government Accountability Office'':
       (1) Clause (ii) of section 1400E(c)(4)(A).
       (2) Paragraph (1) of section 6050M(b).
       (3) Subparagraphs (A), (B)(i), and (B)(ii) of section 
     6103(i)(8).
       (4) Paragraphs (3)(C)(i), (4), (5), and (6)(B) of section 
     6103(p).
       (5) Subsection (e) of section 8021.
       (ss)(1) Clause (ii) of section 1400L(b)(2)(C) is amended by 
     striking ``section 168(k)(2)(C)(i)'' and inserting ``section 
     168(k)(2)(D)(i)''.
       (2) Clause (iv) of section 1400L(b)(2)(C) is amended by 
     striking ``section 168(k)(2)(C)(iii)'' and inserting 
     ``section 168(k)(2)(D)(iii)''.
       (3) Subparagraph (D) of section 1400L(b)(2) is amended by 
     striking ``section 168(k)(2)(D)'' and inserting ``section 
     168(k)(2)(E)''.
       (4) Subparagraph (E) of section 1400L(b)(2) is amended by 
     striking ``section 168(k)(2)(F)'' and inserting ``section 
     168(k)(2)(G)''.
       (5) Paragraph (5) of section 1400L(c) is amended by 
     striking ``section 168(k)(2)(C)(iii)'' and inserting 
     ``section 168(k)(2)(D)(iii)''.
       (tt) Section 3401 is amended by redesignating subsection 
     (h) as subsection (g).
       (uu) Paragraph (2) of section 4161(a) is amended to read as 
     follows:
       ``(2) 3 percent rate of tax for electric outboard motors.--
     In the case of an electric outboard motor, paragraph (1) 
     shall be applied by substituting `3 percent' for `10 
     percent'.''.
       (vv) Subparagraph (C) of section 4261(e)(4) is amended by 
     striking ``imposed subsection (b)'' and inserting ``imposed 
     by subsection (b)''.
       (ww) Subsection (a) of section 4980D is amended by striking 
     ``plans'' and inserting ``plan''.
       (xx) The matter following clause (iii) of section 
     6045(e)(5)(A) is amended by striking ``for `$250,000'.'' and 
     all that follows through ``to the Treasury.'' and inserting 
     ``for `$250,000'. The Secretary may by regulation increase 
     the dollar amounts under this subparagraph if the Secretary 
     determines that such an increase will not materially reduce 
     revenues to the Treasury.''.
       (yy) Subsection (p) of section 6103 is amended--
       (1) by striking so much of paragraph (4) as precedes 
     subparagraph (A) and inserting the following:
       ``(4) Safeguards.--Any Federal agency described in 
     subsection (h)(2), (h)(5), (i)(1), (2), (3), (5), or (7), 
     (j)(1), (2), or (5), (k)(8), (l)(1), (2), (3), (5), (10), 
     (11), (13), (14), or (17) or (o)(1), the Government 
     Accountability Office, the Congressional Budget Office, or 
     any agency, body, or commission described in subsection (d), 
     (i)(3)(B)(i) or 7(A)(ii), or (l)(6), (7), (8), (9), (12), 
     (15), or (16) or any other person described in subsection 
     (l)(16), (18), (19), or (20) shall, as a condition for 
     receiving returns or return information--'',
       (2) by amending paragraph (4)(F)(i) to read as follows:
       ``(i) in the case of an agency, body, or commission 
     described in subsection (d), (i)(3)(B)(i), or (l)(6), (7), 
     (8), (9), or (16), or any other person described in 
     subsection (l)(16), (18), (19), or (20) return to the 
     Secretary such returns or return information (along with any 
     copies made therefrom) or make such returns or return 
     information undisclosable in any manner and furnish a written 
     report to the Secretary describing such manner,'', and
       (3) by striking the first full sentence in the matter 
     following subparagraph (F) of paragraph (4) and inserting the 
     following: ``If the Secretary determines that any such 
     agency, body, or commission, including an agency or any other 
     person described in subsection

[[Page 28980]]

     (l)(16), (18), (19), or (20), or the Government 
     Accountability Office or the Congressional Budget Office, has 
     failed to, or does not, meet the requirements of this 
     paragraph, he may, after any proceedings for review 
     established under paragraph (7), take such actions as are 
     necessary to ensure such requirements are met, including 
     refusing to disclose returns or return information to such 
     agency, body, or commission, including an agency or any other 
     person described in subsection (l)(16), (18), (19), or (20), 
     or the Government Accountability Office or the Congressional 
     Budget Office, until he determines that such requirements 
     have been or will be met.''.
       (zz) Clause (ii) of section 6111(b)(1)(A) is amended by 
     striking ``advice or assistance'' and inserting ``aid, 
     assistance, or advice''.
       (aaa) Paragraph (3) of section 6662(d) is amended by 
     striking ``the'' before ``1 or more''.

     SEC. 413. OTHER CORRECTIONS RELATED TO THE AMERICAN JOBS 
                   CREATION ACT OF 2004.

       (a) Amendments Related to Section 233 of the Act.--
       (1) Clause (vi) of section 1361(c)(2)(A) is amended--
       (A) by inserting ``or a depository institution holding 
     company (as defined in section 3(w)(1) of the Federal Deposit 
     Insurance Act (12 U.S.C. 1813(w)(1))'' after ``a bank (as 
     defined in section 581)'', and
       (B) by inserting ``or company'' after ``such bank''.
       (2) Paragraph (16) of section 4975(d) is amended--
       (A) in subparagraph (A), by inserting ``or a depository 
     institution holding company (as defined in section 3(w)(1) of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1))'' 
     after ``a bank (as defined in section 581)'', and
       (B) in subparagraph (C), by inserting ``or company'' after 
     ``such bank''.
       (b) Amendment Related to Section 237 of the Act.--
     Subparagraph (F) of section 1362(d)(3) is amended by striking 
     ``a bank holding company'' and all that follows through 
     ``section 2(p) of such Act)'' and inserting ``a depository 
     institution holding company (as defined in section 3(w)(1) of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1))''.
       (c) Amendments Related to Section 239 of the Act.--
     Paragraph (3) of section 1361(b) is amended--
       (1) in subparagraph (A), by striking ``and in the case of 
     information returns required under part III of subchapter A 
     of chapter 61'', and
       (2) by adding at the end the following new subparagraph:
       ``(E) Information returns.--Except to the extent provided 
     by the Secretary, this paragraph shall not apply to part III 
     of subchapter A of chapter 61 (relating to information 
     returns).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     American Jobs Creation Act of 2004 to which they relate.

                      Subtitle B--Trade Technicals

     SEC. 421. TECHNICAL CORRECTIONS TO REGIONAL VALUE-CONTENT 
                   METHODS FOR RULES OF ORIGIN UNDER PUBLIC LAW 
                   109-53.

       Section 203(c) of the Dominican Republic-Central America-
     United States Free Trade Agreement Implementation Act (Public 
     Law 109-53; 19 U.S.C. 4033(c)) is amended as follows:
       (1) In paragraph (2)(A), by striking all that follows ``the 
     following build-down method:'' and inserting the following:

                                    av-vnm

                          ``rvc = -------- x 100''.

                                      av

       (2) In paragraph (3)(A), by striking all that follows ``the 
     following build-up method:'' and inserting the following:

                                     vom

                           ``rvc = -------- x 100''.

                                      av

       (3) In paragraph (4)(A), by striking all that follows ``the 
     following net cost method:'' and inserting the following:

                                    nc-vnm

                          ``rvc = -------- x 100''.

                                      nc

                     TITLE V--EMERGENCY REQUIREMENT

     SEC. 501. EMERGENCY REQUIREMENT.

       Any provision of this Act causing an effect on receipts, 
     budget authority, or outlays is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress).
                                 ______
                                 
  SA 2681. Mr. SANTORUM (for Mr. Specter (for himself, Mr. Biden, and 
Mr. Leahy)) proposed an 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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.
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. 402. Study conducted by the Centers for Disease Control and 
              Prevention.

  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.

[[Page 28981]]

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.
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.

[[Page 28982]]

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

[[Page 28983]]

       ``(B) any support, child custody or visitation provisions, 
     orders, remedies, or relief issued as part of a protection 
     order, restraining order, or stay away injunction pursuant to 
     State, tribal, territorial, or local law authorizing the 
     issuance of protection orders, restraining orders, or 
     injunctions for the protection of victims of domestic 
     violence, dating violence, sexual assault, or stalking.
       ``(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.

[[Page 28984]]

       ``(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.
       ``(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\'';

[[Page 28985]]

       (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:
       ``(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)

[[Page 28986]]

     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 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

[[Page 28987]]

     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
       ``(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

[[Page 28988]]

     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 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

[[Page 28989]]

     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.--
       (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;

[[Page 28990]]

       (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 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.

[[Page 28991]]



     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 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

[[Page 28992]]

     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.--

[[Page 28993]]

       ``(1) In general.--An entity shall be eligible to receive a 
     grant under this section if the entity is--
       ``(A) a State;
       ``(B) a unit of local government;
       ``(C) 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

[[Page 28994]]

     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 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

[[Page 28995]]

     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;
       ``(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)

[[Page 28996]]

     about whom information is sought, whether for this program or 
     any other Tribal, Federal, State or Territorial grant 
     program. If release of such information is compelled by 
     statutory or court mandate, grantees and subgrantees shall 
     make reasonable attempts to provide notice to victims 
     affected by the disclosure of information. If such personally 
     identifying information is or will be revealed, grantees and 
     subgrantees shall take steps necessary to protect the privacy 
     and safety of the persons affected by the release of the 
     information. Grantees may share non-personally identifying 
     data in the aggregate regarding services to their clients and 
     non-personally identifying demographic information in order 
     to comply with Tribal, Federal, State or Territorial 
     reporting, evaluation, or data collection requirements. 
     Grantees and subgrantees may share court-generated 
     information contained in secure, governmental registries for 
     protection order enforcement purposes.
       ``(f) Grant Term and Allocation.--
       ``(1) Term.--The Director shall make the grants under this 
     section for a period of 3 fiscal years.
       ``(2) Allocation.--Not more than 15 percent of the funds 
     available to a grantee in a given year shall be used for the 
     purposes described in subsection (b)(4)(D), (b),(5), and 
     (b)(6).
       ``(g) Distribution.--
       ``(1) In general.--Not less than 5 percent of funds 
     appropriated under subsection (l) in any year shall be 
     available for grants to tribal schools, schools on tribal 
     lands or schools whose student population is more than 25 
     percent Native American.
       ``(2) Administration.--The Director shall not use more than 
     5 percent of funds appropriated under subsection (l) in any 
     year for administration, monitoring and evaluation of grants 
     made available under this section.
       ``(3) Training, technical assistance, and data 
     collection.--Not less than 5 percent of funds appropriated 
     under subsection (l) in any year shall be available to 
     provide training, technical assistance, and data collection 
     for programs funded under this section.
       ``(h) Application.--To be eligible to be awarded a grant or 
     contract under this section for any fiscal year, a middle or 
     secondary school, in consultation with an expert as described 
     in subsections (i)(2) and (i)(3), shall submit an application 
     to the Director at such time and in such manner as the 
     Director shall prescribe.
       ``(i) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be a partnership that--
       ``(1) shall include a public, charter, tribal, or 
     nationally accredited private middle or high school, a school 
     administered by the Department of Defense under 10 U.S.C. 
     2164 or 20 U.S.C. 921, a group of schools, or a school 
     district;
       ``(2) shall include a domestic violence victim service 
     provider that has a history of working on domestic violence 
     and the impact that domestic violence and dating violence 
     have on children and youth;
       ``(3) shall include a sexual assault victim service 
     provider, such as a rape crisis center, program serving 
     tribal victims of sexual assault, or coalition or other 
     nonprofit nongovernmental organization carrying out a 
     community-based sexual assault program, that has a history of 
     effective work concerning sexual assault and the impact that 
     sexual assault has on children and youth; and
       ``(4) may include a law enforcement agency, the State, 
     Tribal, Territorial or local court, nonprofit nongovernmental 
     organizations and service providers addressing sexual 
     harassment, bullying or gang-related violence in schools, and 
     any other such agencies or nonprofit nongovernmental 
     organizations with the capacity to provide effective 
     assistance to the adult, youth, and minor victims served by 
     the partnership.
       ``(j) Priority.--In awarding grants under this section, the 
     Director shall give priority to entities that have submitted 
     applications in partnership with relevant courts or law 
     enforcement agencies.
       ``(k) Reporting and Dissemination of Information.--
       ``(1) Reporting.--Each of the entities that are members of 
     the applicant partnership described in subsection (i), that 
     receive a grant under this section shall jointly prepare and 
     submit to the Director every 18 months a report detailing the 
     activities that the entities have undertaken under the grant 
     and such additional information as the Director shall 
     require.
       ``(2) Dissemination of information.--Within 9 months of the 
     completion of the first full grant cycle, the Director shall 
     publicly disseminate, including through electronic means, 
     model policies and procedures developed and implemented in 
     middle and high schools by the grantees, including 
     information on the impact the policies have had on their 
     respective schools and communities.
       ``(l) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section, $5,000,000 for each of fiscal 
     years 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

[[Page 28997]]

     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)--
       (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

[[Page 28998]]

     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--
       ``(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

[[Page 28999]]

     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 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

[[Page 29000]]

       ``(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.
       ``(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--

[[Page 29001]]

       ``(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 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

[[Page 29002]]

     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

[[Page 29003]]

     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 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

[[Page 29004]]

       (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.'';
       (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

[[Page 29005]]

     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--
       ``(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

[[Page 29006]]

     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 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.

[[Page 29007]]

       ``(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 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

[[Page 29008]]

     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
       (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

[[Page 29009]]

       ``(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 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

[[Page 29010]]

     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).

     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

[[Page 29011]]

       (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.
       ``(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--

[[Page 29012]]

       (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

[[Page 29013]]

       (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 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

[[Page 29014]]

     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--
       (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;

[[Page 29015]]

       (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 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 2008, 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.''.

[[Page 29016]]

       (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;
       ``(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''.

[[Page 29017]]



     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.
       (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.

[[Page 29018]]

       (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: $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

[[Page 29019]]

     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.
       ``(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--

[[Page 29020]]

       ``(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 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.

[[Page 29021]]

       ``(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.

[[Page 29022]]



     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 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.

[[Page 29023]]

       ``(3) Limitations.--A community may not receive grants 
     under this subsection (or fall within such a community)--
       ``(A) for a period of more than 10 fiscal years;
       ``(B) for more than 5 separate fiscal years, except that 
     the Assistant Attorney General may, in single increments and 
     only upon a showing of extraordinary circumstances, authorize 
     grants for not more than 3 additional separate fiscal years; 
     or
       ``(C) in an aggregate amount of more than $1,000,000, 
     except that the Assistant Attorney General may, upon a 
     showing of extraordinary circumstances, authorize grants for 
     not more than an additional $500,000.
       ``(4) Distribution.--In making grants under this 
     subsection, the Director shall ensure that--
       ``(A) to the extent practicable, the distribution of such 
     grants is geographically equitable and includes both urban 
     and rural areas of varying population and area; and
       ``(B) priority is given to communities that clearly and 
     effectively coordinate crime prevention programs with other 
     Federal programs in a manner that addresses the overall needs 
     of such communities.
       ``(5) Federal share.--(A) Subject to subparagraph (B), the 
     Federal share of a grant under this subsection may not exceed 
     75 percent of the total costs of the projects described in 
     the application for which the grant was made.
       ``(B) The requirement of subparagraph (A)--
       ``(i) may be satisfied in cash or in kind; and
       ``(ii) may be waived by the Assistant Attorney General upon 
     a determination that the financial circumstances affecting 
     the applicant warrant a finding that such a waiver is 
     equitable.
       ``(6) Supplement, not supplant.--To receive a grant under 
     this subsection, the applicant must provide assurances that 
     the amounts received under the grant shall be used to 
     supplement, not supplant, non-Federal funds that would 
     otherwise be available for programs or services provided in 
     the community.

     ``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

[[Page 29024]]

       (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 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

[[Page 29025]]

     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;
       (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.

[[Page 29026]]

       ``(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:

     ``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:

[[Page 29027]]

       ``(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 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,

[[Page 29028]]

     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.
       (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:

[[Page 29029]]

       (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 Explosives.599A''.....

     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 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.''.

[[Page 29030]]

       (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, 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.

[[Page 29031]]

       (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.
                                 ______
                                 
  SA 2682. Mr. FRIST (for Mr. Domenici) proposed an amendment to the 
bill S. 1096, to amend the Wild and Scenic Rivers Act to designate 
portions of the Musconetcong River in the State of New Jersey as a 
component of the National Wild and Scenic Rivers System, and for other 
purposes; as follows:

       On page 2, line 16, strike ``2002'' and insert ``2003''.
       On page 3, line 19, strike ``2002'' and insert ``2003''.
                                 ______
                                 
  SA 2683. Mr. FRIST (for Mr. Domenici) proposed an amendment to the 
bill S. 1310, to authorize the Secretary of the Interior to allow the 
Columbia Gas Transmission Corporation to increase the diameter of a 
natural gas pipeline located in the Delaware Water Gap National 
Recreation Area, to allow certain commerial vehicles to continue to use 
Route 209 within the Delaware Water Gap National Recreation Area, and 
to extend the termination date of the National Park System Advisory 
Board to January 1, 2007; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Delaware Water Gap National 
     Recreation Area Improvement Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Corporation.--The term ``Corporation'' means the 
     Columbia Gas Transmission Corporation.
       (2) Pipeline.--The term ``pipeline'' means that portion of 
     the pipeline of the Corporation numbered 1278 that is--
       (A) located in the Recreation Area; and
       (B) situated on 2 tracts designated by the Corporation as 
     ROW No. 16405 and No. 16413.
       (3) Recreation area.--The term ``Recreation Area'' means 
     the Delaware Water Gap National Recreation Area in the 
     Commonwealth of Pennsylvania.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Superintendent.--The term ``Superintendent'' means the 
     Superintendent of the Recreation Area.

     SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE.

       (a) In General.--The Secretary may enter into an agreement 
     with the Corporation to grant to the Corporation an easement 
     to enlarge the diameter of the pipeline from 14 inches to not 
     more than 20 inches.
       (b) Terms and Conditions.--The easement authorized under 
     subsection (a) shall--
       (1) be consistent with--
       (A) the recreational values of the Recreation Area; and
       (B) protection of the resources of the Recreation Area;
       (2) include provisions for the protection of resources in 
     the Recreation Area that ensure that only the minimum and 
     necessary amount of disturbance, as determined by the 
     Secretary, shall occur during the construction or maintenance 
     of the enlarged pipeline;
       (3) be consistent with the laws (including regulations) and 
     policies applicable to units of the National Park System; and
       (4) be subject to any other terms and conditions that the 
     Secretary determines to be necessary;
       (c) Permits.--
       (1) In general.--The Superintendent may issue a permit to 
     the Corporation for the use of the Recreation Area in 
     accordance with subsection (b) for the temporary construction 
     and staging areas required for the construction of the 
     enlarged pipeline.
       (2) Prior to issuance.--The easement authorized under 
     subsection (a) and the permit authorized under paragraph (1) 
     shall require that before the Superintendent issues a permit 
     for any clearing or construction, the Corporation shall--
       (A) consult with the Superintendent;
       (B) identify natural and cultural resources of the 
     Recreation Area that may be damaged or lost because of the 
     clearing or construction; and
       (C) submit to the Superintendent for approval a restoration 
     and mitigation plan that--
       (i) describes how the land subject to the easement will be 
     maintained; and
       (ii) includes a schedule for, and description of, the 
     specific activities to be carried out by the Corporation to 
     mitigate the damages or losses to, or restore, the natural 
     and cultural resources of the Recreation Area identified 
     under subparagraph (B).
       (d) Pipeline Replacement Requirements.--The enlargement of 
     the pipeline authorized under subsection (a) shall be 
     considered to meet the pipeline replacement requirements 
     required by the Research and Special Programs Administration 
     of the Department of Transportation (CPF No. 1-2002-1004-H).
       (e) FERC Consultation.--The Corporation shall comply with 
     all other requirements for certification by the Federal 
     Energy Regulatory Commission that are necessary to permit the 
     increase in pipeline size.
       (f) Limitation.--The Secretary shall not grant any 
     additional increases in the diameter of, or easements for, 
     the pipeline within the boundary of the Recreation Area after 
     the date of enactment of this Act.
       (g) Effect on Right-of-Way Easement.--Nothing in this Act 
     increases the 50-foot right-of-way easement for the pipeline.
       (h) Penalties.--On request of the Secretary, the Attorney 
     General may bring a civil action against the Corporation in 
     United States district court to recover damages and response 
     costs under Public Law 101-337 (16 U.S.C. 19jj et seq.) or 
     any other applicable law if--
       (1) the Corporation--
       (A) violates a provision of--
       (i) an easement authorized under subsection (a); or
       (ii) a permit issued under subsection (c); or
       (B) fails to submit or timely implement a restoration and 
     mitigation plan approved under subsection (c)(2)(C); and
       (2) the violation or failure destroys, results in the loss 
     of, or injures any park system resource (as defined in 
     section 1 of Public Law 101-337 (16 U.S.C. 19jj)).

     SEC. 4. USE OF CERTAIN ROADS WITHIN DELAWARE WATER GAP.

       Section 702 of Division I of the Omnibus Parks and Public 
     Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 
     4185) is amended--
       (1) in subsection (a), by striking ``at noon on September 
     30, 2005'' and inserting ``on the earlier of the date on 
     which a feasible alternative is available or noon of 
     September 30, 2015''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``September 30, 2005'' 
     and inserting ``on the earlier of the date on which a 
     feasible alternative is available or September 30, 2015''; 
     and
       (B) in paragraph (2)--
       (i) by striking ``noon on September 30, 2005'' and 
     inserting ``the earlier of the date on which a feasible 
     alternative is available or noon of September 30, 2015''; and
       (ii) by striking ``not exceed $25 per trip'' and inserting 
     the following: ``be established at a rate that would cover 
     the cost of collection of the commercial use fee, but not to 
     exceed $40 per trip''.

     SEC. 5. TERMINATION OF NATIONAL PARK SYSTEM ADVISORY BOARD.

       Effective on January 1, 2006, section 3(f) of the Act of 
     August 21, 1935 (16 U.S.C. 463(f)) is amended in the first 
     sentence by striking ``2006'' and inserting ``2007''.

[[Page 29032]]


                                 ______
                                 
  SA 2684. Mr. FRIST (for Mr. Domenici) proposed an amendment to the 
bill S. 1310, to authorize the Secretary of the Interior to allow the 
Columbia Gas Transmission Corporation to increase the diameter of a 
natural gas pipeline located in the Delaware Water Gap National 
Recreation Area, to allow certain commercial vehicles to continue to 
use Route 209 within the Delaware Water Gap National Recreation Area, 
and to extend the termination date of the National Park System Advisory 
Board to January 1, 2007; as follows:

       Amend the title so as to read: ``A bill to authorize the 
     Secretary of the Interior to allow the Columbia Gas 
     Transmission Corporation to increase the diameter of a 
     natural gas pipeline located in the Delaware Water Gap 
     National Recreation Area, to allow certain commercial 
     vehicles to continue to use Route 209 within Delaware Water 
     Gap National Recreation Area, and to extend the termination 
     date of the National Park System Advisory Board to January 1, 
     2007.''.
                                 ______
                                 
  SA 2685. Mr. FRIST (for Mr. Sarbanes) proposed an amendment to the 
bill S. 959, to establish the Star-Spangled Banner and War of 1812 
Bicentennial Commission, and for other purposes; as follows:

       On page 4, strike lines 6 through 8, and insert the 
     following:
       (A) means the States of Alabama, Connecticut, Delaware, 
     Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, 
     Louisiana, Maine, Maryland, Massachusetts, Michigan, 
     Mississippi, Missouri, New Hampshire, New Jersey, New York, 
     North Carolina, Ohio, Pennsylvania, Rhode Island, South 
     Carolina, Tennessee, Vermont, Virginia, and Wisconsin; and

       On page 4, line 18, strike ``23'' and insert ``42''.

       On page 4, line 19, strike ``9'' and insert ``28''.
                                 ______
                                 
  SA 2686. Mr. FRIST (for Mr. Shelby) proposed an amendment to the bill 
S. 863, to require the Secretary of the Treasury to mint coins in 
commemoration of the centenary of the bestowal of the Nobel Peace Prize 
on President Theodore Roosevelt, and for other purposes; as follows:

       On page 11, after line 15, add the following:

     SEC. 8. CONTINUED ISSUANCE OF 5-CENT COINS MINTED IN 2004 AND 
                   2005.

       Notwithstanding the fifth sentence of section 5112(d)(1) of 
     title 31, United States Code, the Secretary of the Treasury 
     may continue to issue, after December 31, 2005, numismatic 
     items that contain 5-cent coins minted in the years 2004 and 
     2005.

     SEC. 9. LEWIS AND CLARK COIN AMENDMENTS.

       Section 308 of the Lewis and Clark Expedition Bicentennial 
     Commemorative Coin Act (31 U.S.C. 5112 note) is amended--
       (1) in subsection (a), by striking ``Secretary as:'' and 
     all that follows through the end of the subsection and 
     inserting the following: ``Secretary for expenditure on 
     activities associated with commemorating the bicentennial of 
     the Lewis and Clark Expedition, as follows:
       ``(1) National council of the lewis and clark 
     bicentennial.--One-half to the National Council of the Lewis 
     and Clark Bicentennial.
       ``(2) Missouri historical society.--One-half to the 
     Missouri Historical Society.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Transfer of Unexpended Funds.--Any proceeds referred 
     to in subsection (a) that were dispersed by the Secretary and 
     remain unexpended by the National Council of the Lewis and 
     Clark Bicentennial or the Missouri Historical Society as of 
     June 30, 2007, shall be transferred to the Lewis and Clark 
     Trail Heritage Foundation for the purpose of establishing a 
     trust for the stewardship of the Lewis and Clark National 
     Historic Trail.''.
                                 ______
                                 
  SA 2687. Mr. FRIST (for Mr. McCain) proposed an amendment to the bill 
S. 1312, to amend a provision relating to employees of the United 
States assigned to, or employed by, and Indian tribe, and for other 
purposes; as follows:

       
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reducing Conflicts of 
     Interests in the Representation of Indian Tribes Act of 
     2005''.

     SEC. 2. ADDITIONAL EMPLOYMENT RIGHTS.

       Section 104 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450i) is amended by striking 
     subsection (j) and inserting the following:
       ``(j) Additional Employment Rights.--
       ``(1) Definition of tribal employee.--In this subsection, 
     the term `tribal employee', with respect to an Indian tribal 
     government, means an individual acting under the day-to-day 
     control or supervision of the Indian tribal government, 
     unaffected by the control or supervision of any independent 
     contractor, agency or organization, or intervening 
     sovereignty.
       ``(2) Rights of certain employees.--Notwithstanding 
     sections 205 and 207 of title 18, United States Code, an 
     officer or employee of the United States assigned to an 
     Indian tribe under section 3372 of title 5, United States 
     Code, or section 2072 of the Revised Statutes (25 U.S.C. 48), 
     or an individual that was formerly an officer or employee of 
     the United States and who is a tribal employee or an elected 
     or appointed official of an Indian tribe carrying out an 
     official duty of the tribal employee or official may 
     communicate with and appear before any department, agency, 
     court, or commission on behalf of the Indian tribe on any 
     matter, including any matter in which the United States is a 
     party or has a direct and substantial interest.
       ``(3) Notification of involvement in pending matter.--An 
     officer, employee, or former officer or employee described in 
     paragraph (2) shall submit to the head of each appropriate 
     department, agency, court, or commission, in writing, a 
     notification of any personal and substantial involvement the 
     officer, employee, or former officer or employee had as an 
     officer or employee of the United States with respect to the 
     pending matter.''.

     SEC. 3. EFFECTIVE DATE.

       The effective date of the amendment made by this Act shall 
     be the date that is 1 year after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 2688. Mr. FRIST (for Mr. Hatch (for himself, Mr. Burr, and Mr. 
Enzi)) proposed an amendment to the bill H.R. 2520, to provide for the 
collection and maintenance of human cord blood stem cells for the 
treatment of patients and research, and to amend the Public Health 
Service Act to authorize the C.W. Bill Young Cell Transplantation 
Program; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stem Cell Therapeutic and 
     Research Act of 2005''.

     SEC. 2. CORD BLOOD INVENTORY.

       (a) In General.--The Secretary of Health and Human Services 
     shall enter into one-time contracts with qualified cord blood 
     banks to assist in the collection and maintenance of 150,000 
     new units of high-quality cord blood to be made available for 
     transplantation through the C.W. Bill Young Cell 
     Transplantation Program and to carry out the requirements of 
     subsection (b).
       (b) Requirements.--The Secretary shall require each 
     recipient of a contract under this section--
       (1) to acquire, tissue-type, test, cryopreserve, and store 
     donated units of cord blood acquired with the informed 
     consent of the donor, as determined by the Secretary pursuant 
     to section 379(c) of the Public Health Service Act, in a 
     manner that complies with applicable Federal and State 
     regulations;
       (2) to encourage donation from a genetically diverse 
     population;
       (3) to make cord blood units that are collected pursuant to 
     this section or otherwise and meet all applicable Federal 
     standards available to transplant centers for 
     transplantation;
       (4) to make cord blood units that are collected, but not 
     appropriate for clinical use, available for peer-reviewed 
     research;
       (5) to make data available, as required by the Secretary 
     and consistent with section 379(d)(3) of the Public Health 
     Service Act (42 U.S.C. 274k(d)(3)), as amended by this Act, 
     in a standardized electronic format, as determined by the 
     Secretary, for the C.W. Bill Young Cell Transplantation 
     Program; and
       (6) to submit data in a standardized electronic format for 
     inclusion in the stem cell therapeutic outcomes database 
     maintained under section 379A of the Public Health Service 
     Act, as amended by this Act.
       (c) Related Cord Blood Donors.--
       (1) In general.--The Secretary shall establish a 3-year 
     demonstration project under which qualified cord blood banks 
     receiving a contract under this section may use a portion of 
     the funding under such contract for the collection and 
     storage of cord blood units for a family where a first-degree 
     relative has been diagnosed with a condition that will 
     benefit from transplantation (including selected blood 
     disorders, malignancies, metabolic storage disorders, 
     hemoglobinopathies, and congenital immunodeficiencies) at no 
     cost to such family. Qualified cord blood banks collecting 
     cord blood units under this paragraph shall comply with the 
     requirements of paragraphs (1), (2), (3), and (5) of 
     subsection (b).
       (2) Availability.--Qualified cord blood banks that are 
     operating a program under paragraph (1) shall provide 
     assurances that the cord blood units in such banks will be 
     available for directed transplantation until such time that 
     the cord blood unit is released for transplantation or is 
     transferred by the family to the C.W. Bill Young Cell 
     Transplantation Program in accordance with guidance or 
     regulations promulgated by the Secretary.

[[Page 29033]]

       (3) Inventory.--Cord blood units collected through the 
     program under this section shall not be counted toward the 
     150,000 inventory goal under the C.W. Bill Young Cell 
     Transplantation Program.
       (4) Report.--Not later than 90 days after the date on which 
     the project under paragraph (1) is terminated by the 
     Secretary, the Secretary shall submit to Congress a report on 
     the outcomes of the project that shall include the 
     recommendations of the Secretary with respect to the 
     continuation of such project.
       (d) Application.--To seek to enter into a contract under 
     this section, a qualified cord blood bank shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require. At a minimum, an application for a 
     contract under this section shall include a requirement that 
     the applicant--
       (1) will participate in the C.W. Bill Young Cell 
     Transplantation Program for a period of at least 10 years;
       (2) will make cord blood units collected pursuant to this 
     section available through the C.W. Bill Young Cell 
     Transplantation Program in perpetuity or for such time as 
     determined viable by the Secretary; and
       (3) if the Secretary determines through an assessment, or 
     through petition by the applicant, that a cord blood bank is 
     no longer operational or does not meet the requirements of 
     section 379(d)(4) of the Public Health Service Act (as added 
     by this Act) and as a result may not distribute the units, 
     transfer the units collected pursuant to this section to 
     another qualified cord blood bank approved by the Secretary 
     to ensure continued availability of cord blood units.
       (e) Duration of Contracts.--
       (1) In general.--Except as provided in paragraph (2), the 
     term of each contract entered into by the Secretary under 
     this section shall be for 10 years. The Secretary shall 
     ensure that no Federal funds shall be obligated under any 
     such contract after the earlier of--
       (A) the date that is 3 years after the date on which the 
     contract is entered into; or
       (B) September 30, 2010.
       (2) Extensions.--Subject to paragraph (1)(B), the Secretary 
     may extend the period of funding under a contract under this 
     section to exceed a period of 3 years if--
       (A) the Secretary finds that 150,000 new units of high-
     quality cord blood have not yet been collected pursuant to 
     this section; and
       (B) the Secretary does not receive an application for a 
     contract under this section from any qualified cord blood 
     bank that has not previously entered into a contract under 
     this section or the Secretary determines that the outstanding 
     inventory need cannot be met by the one or more qualified 
     cord blood banks that have submitted an application for a 
     contract under this section.
       (3) Preference.--In considering contract extensions under 
     paragraph (2), the Secretary shall give preference to 
     qualified cord blood banks that the Secretary determines have 
     demonstrated a superior ability to satisfy the requirements 
     described in subsection (b) and to achieve the overall goals 
     for which the contract was awarded.
       (f) Regulations.--The Secretary may promulgate regulations 
     to carry out this section.
       (g) Definitions.--In this section:
       (1) The term ``C. W. Bill Young Cell Transplantation 
     Program'' means the C.W. Bill Young Cell Transplantation 
     Program under section 379 of the Public Health Service Act, 
     as amended by this Act.
       (2) The term ``cord blood donor'' means a mother who has 
     delivered a baby and consents to donate the neonatal blood 
     remaining in the placenta and umbilical cord after separation 
     from the newborn baby.
       (3) The term ``cord blood unit'' means the neonatal blood 
     collected from the placenta and umbilical cord of a single 
     newborn baby.
       (4) The term ``first-degree relative'' means a sibling or 
     parent who is one meiosis away from a particular individual 
     in a family.
       (5) The term ``qualified cord blood bank'' has the meaning 
     given to that term in section 379(d)(4) of the Public Health 
     Service Act, as amended by this Act.
       (6) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (h) Authorization of Appropriations.--
       (1) Existing funds.--Any amounts appropriated to the 
     Secretary for fiscal year 2004 or 2005 for the purpose of 
     assisting in the collection or maintenance of cord blood 
     shall remain available to the Secretary until the end of 
     fiscal year 2007.
       (2) Subsequent fiscal years.--There are authorized to be 
     appropriated to the Secretary $15,000,000 for each of fiscal 
     years 2007, 2008, 2009, and 2010 to carry out this section.
       (3) Limitation.--Not to exceed 5 percent of the amount 
     appropriated under this section in each of fiscal years 2007 
     through 2009 may be used to carry out the demonstration 
     project under subsection (c).

     SEC. 3. C.W. BILL YOUNG CELL TRANSPLANTATION PROGRAM.

       (a) National Program.--Section 379 of the Public Health 
     Service Act (42 U.S.C. 274k) is amended to read as follows:

     ``SEC. 379. NATIONAL PROGRAM.

       ``(a) Establishment.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall by one or more contracts establish and 
     maintain a C.W. Bill Young Cell Transplantation Program 
     (referred to in this section as the `Program'), successor to 
     the National Bone Marrow Donor Registry, that has the purpose 
     of increasing the number of transplants for recipients 
     suitably matched to biologically unrelated donors of bone 
     marrow and cord blood, and that meets the requirements of 
     this section. The Secretary may award a separate contract to 
     perform each of the major functions of the Program described 
     in paragraphs (1) and (2) of subsection (d) if deemed 
     necessary by the Secretary to operate an effective and 
     efficient system that is in the best interest of patients. 
     The Secretary shall conduct a separate competition for the 
     initial establishment of the cord blood functions of the 
     Program. The Program shall be under the general supervision 
     of the Secretary. The Secretary shall establish an Advisory 
     Council to advise, assist, consult with, and make 
     recommendations to the Secretary on matters related to the 
     activities carried out by the Program. The members of the 
     Advisory Council shall be appointed in accordance with the 
     following:
       ``(1) Each member of the Advisory Council shall serve for a 
     term of 2 years, and each such member may serve as many as 3 
     consecutive 2-year terms, except that
       ``(A) such limitations shall not apply to the Chair of the 
     Advisory Council (or the Chair-elect) or to the member of the 
     Advisory Council who most recently served as the Chair; and
       ``(B) 1 additional consecutive 2-year term may be served by 
     any member of the Advisory Council who has no employment, 
     governance, or financial affiliation with any donor center, 
     recruitment organization, transplant center, or cord blood 
     bank.
       ``(2) A member of the Advisory Council may continue to 
     serve after the expiration of the term of such member until a 
     successor is appointed.
       ``(3) In order to ensure the continuity of the Advisory 
     Council, the Advisory Council shall be appointed so that each 
     year the terms of approximately one-third of the members of 
     the Advisory Council expire.
       ``(4) The membership of the Advisory Council--
       ``(A) shall include as voting members a balanced number of 
     representatives including representatives of marrow donor 
     centers and marrow transplant centers, representatives of 
     cord blood banks and participating birthing hospitals, 
     recipients of a bone marrow transplant, recipients of a cord 
     blood transplant, persons who require such transplants, 
     family members of such a recipient or family members of a 
     patient who has requested the assistance of the Program in 
     searching for an unrelated donor of bone marrow or cord 
     blood, persons with expertise in bone marrow and cord blood 
     transplantation, persons with expertise in typing, matching, 
     and transplant outcome data analysis, persons with expertise 
     in the social sciences, basic scientists with expertise in 
     the biology of adult stem cells, and members of the general 
     public; and
       ``(B) shall include as nonvoting members representatives 
     from the Department of Defense Marrow Donor Recruitment and 
     Research Program operated by the Department of the Navy, the 
     Division of Transplantation of the Health Resources and 
     Services Administration, the Food and Drug Administration, 
     and the National Institutes of Health.
       ``(5) Members of the Advisory Council shall be chosen so as 
     to ensure objectivity and balance and reduce the potential 
     for conflicts of interest. The Secretary shall establish 
     bylaws and procedures--
       ``(A) to prohibit any member of the Advisory Council who 
     has an employment, governance, or financial affiliation with 
     a donor center, recruitment organization, transplant center, 
     or cord blood bank from participating in any decision that 
     materially affects the center, recruitment organization, 
     transplant center, or cord blood bank; and
       ``(B) to limit the number of members of the Advisory 
     Council with any such affiliation.
       ``(6) The Secretary, acting through the Advisory Council, 
     shall submit to the Congress--
       ``(A) an annual report on the activities carried out under 
     this section; and
       ``(B) not later than 6 months after the date of the 
     enactment of the Stem Cell Therapeutic and Research Act of 
     2005, a report of recommendations on the scientific factors 
     necessary to define a cord blood unit as a high-quality unit.
       ``(b) Accreditation.--The Secretary shall, through a public 
     process, recognize one or more accreditation entities for the 
     accreditation of cord blood banks.
       ``(c) Informed Consent.--The Secretary shall, through a 
     public process, examine issues of informed consent, 
     including--
       ``(1) the appropriate timing of such consent; and
       ``(2) the information provided to the maternal donor 
     regarding all of her medically appropriate cord blood 
     options.

     Based on such examination, the Secretary shall require that 
     the standards used by the accreditation entities recognized 
     under subsection (b) ensure that a cord blood unit is 
     acquired with the informed consent of the maternal donor.
       ``(d) Functions.--

[[Page 29034]]

       ``(1) Bone marrow functions.--With respect to bone marrow, 
     the Program shall--
       ``(A) operate a system for identifying, matching, and 
     facilitating the distribution of bone marrow that is suitably 
     matched to candidate patients;
       ``(B) consistent with paragraph (3), permit transplant 
     physicians, other appropriate health care professionals, and 
     patients to search by means of electronic access all 
     available bone marrow donors listed in the Program;
       ``(C) carry out a program for the recruitment of bone 
     marrow donors in accordance with subsection (e), including 
     with respect to increasing the representation of racial and 
     ethnic minority groups (including persons of mixed ancestry) 
     in the enrollment of the Program;
       ``(D) maintain and expand medical contingency response 
     capabilities, in coordination with Federal programs, to 
     prepare for and respond effectively to biological, chemical, 
     or radiological attacks, and other public health emergencies 
     that can damage marrow, so that the capability of supporting 
     patients with marrow damage from disease can be used to 
     support casualties with marrow damage;
       ``(E) carry out informational and educational activities in 
     accordance with subsection (e);
       ``(F) at least annually update information to account for 
     changes in the status of individuals as potential donors of 
     bone marrow;
       ``(G) provide for a system of patient advocacy through the 
     office established under subsection (h);
       ``(H) provide case management services for any potential 
     donor of bone marrow to whom the Program has provided a 
     notice that the potential donor may be suitably matched to a 
     particular patient through the office established under 
     subsection (h);
       ``(I) with respect to searches for unrelated donors of bone 
     marrow that are conducted through the system under 
     subparagraph (A), collect, analyze, and publish data in a 
     standardized electronic format on the number and percentage 
     of patients at each of the various stages of the search 
     process, including data regarding the furthest stage reached, 
     the number and percentage of patients who are unable to 
     complete the search process, and the reasons underlying such 
     circumstances;
       ``(J) support studies and demonstration and outreach 
     projects for the purpose of increasing the number of 
     individuals who are willing to be marrow donors to ensure a 
     genetically diverse donor pool; and
       ``(K) facilitate research with the appropriate Federal 
     agencies to improve the availability, efficiency, safety, and 
     cost of transplants from unrelated donors and the 
     effectiveness of Program operations.
       ``(2) Cord blood functions.--With respect to cord blood, 
     the Program shall--
       ``(A) operate a system for identifying, matching, and 
     facilitating the distribution of donated cord blood units 
     that are suitably matched to candidate patients and meet all 
     applicable Federal and State regulations (including informed 
     consent and Food and Drug Administration regulations) from a 
     qualified cord blood bank;
       ``(B) consistent with paragraph (3), allow transplant 
     physicians, other appropriate health care professionals, and 
     patients to search by means of electronic access all 
     available cord blood units made available through the 
     Program;
       ``(C) allow transplant physicians and other appropriate 
     health care professionals to reserve, as defined by the 
     Secretary, a cord blood unit for transplantation;
       ``(D) support studies and demonstration and outreach 
     projects for the purpose of increasing cord blood donation to 
     ensure a genetically diverse collection of cord blood units;
       ``(E) provide for a system of patient advocacy through the 
     office established under subsection (h);
       ``(F) coordinate with the qualified cord blood banks to 
     support informational and educational activities in 
     accordance with subsection (g);
       ``(G) maintain and expand medical contingency response 
     capabilities, in coordination with Federal programs, to 
     prepare for and respond effectively to biological, chemical, 
     or radiological attacks, and other public health emergencies 
     that can damage marrow, so that the capability of supporting 
     patients with marrow damage from disease can be used to 
     support casualties with marrow damage; and
       ``(H) with respect to the system under subparagraph (A), 
     collect, analyze, and publish data in a standardized 
     electronic format, as required by the Secretary, on the 
     number and percentage of patients at each of the various 
     stages of the search process, including data regarding the 
     furthest stage reached, the number and percentage of patients 
     who are unable to complete the search process, and the 
     reasons underlying such circumstances.
       ``(3) Single point of access; standard data.--
       ``(A) Single point of access.--The Secretary shall ensure 
     that health care professionals and patients are able to 
     search electronically for and facilitate access to, in the 
     manner and to the extent defined by the Secretary and 
     consistent with the functions described in paragraphs (1)(A) 
     and (2)(A), cells from bone marrow donors and cord blood 
     units through a single point of access.
       ``(B) Standard data.--The Secretary shall require all 
     recipients of contracts under this section to make available 
     a standard dataset for purposes of subparagraph (A) in a 
     standardized electronic format that enables transplant 
     physicians to compare among and between bone marrow donors 
     and cord blood units to ensure the best possible match for 
     the patient.
       ``(4) Definition.--The term `qualified cord blood bank' 
     means a cord blood bank that--
       ``(A) has obtained all applicable Federal and State 
     licenses, certifications, registrations (including pursuant 
     to the regulations of the Food and Drug Administration), and 
     other authorizations required to operate and maintain a cord 
     blood bank;
       ``(B) has implemented donor screening, cord blood 
     collection practices, and processing methods intended to 
     protect the health and safety of donors and transplant 
     recipients to improve transplant outcomes, including with 
     respect to the transmission of potentially harmful infections 
     and other diseases;
       ``(C) is accredited by an accreditation entity recognized 
     by the Secretary under subsection (b);
       ``(D) has established a system of strict confidentiality to 
     protect the identity and privacy of patients and donors in 
     accordance with existing Federal and State law;
       ``(E) has established a system for encouraging donation by 
     a genetically diverse group of donors; and
       ``(F) has established a system to confidentially maintain 
     linkage between a cord blood unit and a maternal donor.
       ``(e) Bone Marrow Recruitment; Priorities; Information and 
     Education.--
       ``(1) Recruitment; priorities.--The Program shall carry out 
     activities for the recruitment of bone marrow donors. Such 
     recruitment program shall identify populations that are 
     underrepresented among potential donors enrolled with the 
     Program. In the case of populations that are identified under 
     the preceding sentence:
       ``(A) The Program shall give priority to carrying out 
     activities under this part to increase representation for 
     such populations in order to enable a member of such a 
     population, to the extent practicable, to have a probability 
     of finding a suitable unrelated donor that is comparable to 
     the probability that an individual who is not a member of an 
     underrepresented population would have.
       ``(B) The Program shall consider racial and ethnic minority 
     groups (including persons of mixed ancestry) to be 
     populations that have been identified for purposes of this 
     paragraph, and shall carry out subparagraph (A) with respect 
     to such populations.
       ``(2) Information and education regarding recruitment; 
     testing and enrollment.--
       ``(A) In general.--The Program shall carry out 
     informational and educational activities, in coordination 
     with organ donation public awareness campaigns operated 
     through the Department of Health and Human Services, for 
     purposes of recruiting individuals to serve as donors of bone 
     marrow, and shall test and enroll with the Program potential 
     bone marrow donors. Such information and educational 
     activities shall include the following:
       ``(i) Making information available to the general public, 
     including information describing the needs of patients with 
     respect to donors of bone marrow.
       ``(ii) Educating and providing information to individuals 
     who are willing to serve as potential bone marrow donors.
       ``(iii) Training individuals in requesting individuals to 
     serve as potential bone marrow donors.
       ``(B) Priorities.--In carrying out informational and 
     educational activities under subparagraph (A), the Program 
     shall give priority to recruiting individuals to serve as 
     donors of bone marrow for populations that are identified 
     under paragraph (1).
       ``(3) Transplantation as treatment option.--In addition to 
     activities regarding recruitment, the recruitment program 
     under paragraph (1) shall provide information to physicians, 
     other health care professionals, and the public regarding 
     bone marrow transplants from unrelated donors as a treatment 
     option.
       ``(4) Implementation of subsection.--The requirements of 
     this subsection shall be carried out by the entity that has 
     been awarded a contract by the Secretary under subsection (a) 
     to carry out the functions described in subsection (d)(1).
       ``(f) Bone Marrow Criteria, Standards, and Procedures.--The 
     Secretary shall enforce, for participating entities, 
     including the Program, individual marrow donor centers, 
     marrow donor registries, marrow collection centers, and 
     marrow transplant centers--
       ``(1) quality standards and standards for tissue typing, 
     obtaining the informed consent of donors, and providing 
     patient advocacy;
       ``(2) donor selection criteria, based on established 
     medical criteria, to protect both the donor and the recipient 
     and to prevent the transmission of potentially harmful 
     infectious diseases such as the viruses that cause hepatitis 
     and the etiologic agent for Acquired Immune Deficiency 
     Syndrome;

[[Page 29035]]

       ``(3) procedures to ensure the proper collection and 
     transportation of the marrow;
       ``(4) standards for the system for patient advocacy 
     operated under subsection (h), including standards requiring 
     the provision of appropriate information (at the start of the 
     search process and throughout the process) to patients and 
     their families and physicians;
       ``(5) standards that--
       ``(A) require the establishment of a system of strict 
     confidentiality of records relating to the identity, address, 
     HLA type, and managing marrow donor center for marrow donors 
     and potential marrow donors; and
       ``(B) prescribe the purposes for which the records 
     described in subparagraph (A) may be disclosed, and the 
     circumstances and extent of the disclosure; and
       ``(6) in the case of a marrow donor center or marrow donor 
     registry participating in the program, procedures to ensure 
     the establishment of a method for integrating donor files, 
     searches, and general procedures of the center or registry 
     with the Program.
       ``(g) Cord Blood Recruitment; Priorities; Information and 
     Education.--
       ``(1) Recruitment; priorities.--The Program shall support 
     activities, in cooperation with qualified cord blood banks, 
     for the recruitment of cord blood donors. Such recruitment 
     program shall identify populations that are underrepresented 
     among cord blood donors. In the case of populations that are 
     identified under the preceding sentence:
       ``(A) The Program shall give priority to supporting 
     activities under this part to increase representation for 
     such populations in order to enable a member of such a 
     population, to the extent practicable, to have a probability 
     of finding a suitable cord blood unit that is comparable to 
     the probability that an individual who is not a member of an 
     underrepresented population would have.
       ``(B) The Program shall consider racial and ethnic minority 
     groups (including persons of mixed ancestry) to be 
     populations that have been identified for purposes of this 
     paragraph, and shall support activities under subparagraph 
     (A) with respect to such populations.
       ``(2) Information and education regarding recruitment; 
     testing and donation.--
       ``(A) In general.--In carrying out the recruitment program 
     under paragraph (1), the Program shall support informational 
     and educational activities in coordination with qualified 
     cord blood banks and organ donation public awareness 
     campaigns operated through the Department of Health and Human 
     Services, for purposes of recruiting pregnant women to serve 
     as donors of cord blood. Such information and educational 
     activities shall include the following:
       ``(i) Making information available to the general public, 
     including information describing the needs of patients with 
     respect to cord blood units.
       ``(ii) Educating and providing information to pregnant 
     women who are willing to donate cord blood units.
       ``(iii) Training individuals in requesting pregnant women 
     to serve as cord blood donors.
       ``(B) Priorities.--In carrying out informational and 
     educational activities under subparagraph (A), the Program 
     shall give priority to supporting the recruitment of pregnant 
     women to serve as donors of cord blood for populations that 
     are identified under paragraph (1).
       ``(3) Transplantation as treatment option.--In addition to 
     activities regarding recruitment, the recruitment program 
     under paragraph (1) shall provide information to physicians, 
     other health care professionals, and the public regarding 
     cord blood transplants from donors as a treatment option.
       ``(4) Implementation of subsection.--The requirements of 
     this subsection shall be carried out by the entity that has 
     been awarded a contract by the Secretary under subsection (a) 
     to carry out the functions described in subsection (d)(2).
       ``(h) Patient Advocacy and Case Management for Bone Marrow 
     and Cord Blood.--
       ``(1) In general.--The Secretary shall establish and 
     maintain, through a contract or other means determined 
     appropriate by the Secretary, an office of patient advocacy 
     (in this subsection referred to as the `Office').
       ``(2) General functions.--The Office shall meet the 
     following requirements:
       ``(A) The Office shall be headed by a director.
       ``(B) The Office shall be staffed by individuals with 
     expertise in bone marrow and cord blood therapy covered under 
     the Program.
       ``(C) The Office shall operate a system for patient 
     advocacy, which shall be separate from mechanisms for donor 
     advocacy, and which shall serve patients for whom the Program 
     is conducting, or has been requested to conduct, a search for 
     a bone marrow donor or cord blood unit.
       ``(D) In the case of such a patient, the Office shall serve 
     as an advocate for the patient by directly providing to the 
     patient (or family members, physicians, or other individuals 
     acting on behalf of the patient) individualized services with 
     respect to efficiently utilizing the system under paragraphs 
     (1) and (2) of subsection (d) to conduct an ongoing search 
     for a bone marrow donor or cord blood unit and assist with 
     information regarding third party payor matters.
       ``(E) In carrying out subparagraph (D), the Office shall 
     monitor the system under paragraphs (1) and (2) of subsection 
     (d) to determine whether the search needs of the patient 
     involved are being met, including with respect to the 
     following:
       ``(i) Periodically providing to the patient (or an 
     individual acting on behalf of the patient) information 
     regarding bone marrow donors or cord blood units that are 
     suitably matched to the patient, and other information 
     regarding the progress being made in the search.
       ``(ii) Informing the patient (or such other individual) if 
     the search has been interrupted or discontinued.
       ``(iii) Identifying and resolving problems in the search, 
     to the extent practicable.
       ``(F) The Office shall ensure that the following data are 
     made available to patients:
       ``(i) The resources available through the Program.
       ``(ii) A comparison of transplant centers regarding search 
     and other costs that prior to transplantation are charged to 
     patients by transplant centers.
       ``(iii) The post-transplant outcomes for individual 
     transplant centers.
       ``(iv) Information concerning issues that patients may face 
     after a transplant.
       ``(v) Such other information as the Program determines to 
     be appropriate.
       ``(G) The Office shall conduct surveys of patients (or 
     family members, physicians, or other individuals acting on 
     behalf of patients) to determine the extent of satisfaction 
     with the system for patient advocacy under this subsection, 
     and to identify ways in which the system can be improved to 
     best meet the needs of patients.
       ``(3) Case management.--
       ``(A) In general.--In serving as an advocate for a patient 
     under paragraph (2), the Office shall provide individualized 
     case management services directly to the patient (or family 
     members, physicians, or other individuals acting on behalf of 
     the patient), including--
       ``(i) individualized case assessment; and
       ``(ii) the functions described in paragraph (2)(D) 
     (relating to progress in the search process).
       ``(B) Postsearch functions.--In addition to the case 
     management services described in paragraph (1) for patients, 
     the Office shall, on behalf of patients who have completed 
     the search for a bone marrow donor or cord blood unit, 
     provide information and education on the process of receiving 
     a transplant, including the post-transplant process.
       ``(i) Comment Procedures.--The Secretary shall establish 
     and provide information to the public on procedures under 
     which the Secretary shall receive and consider comments from 
     interested persons relating to the manner in which the 
     Program is carrying out the duties of the Program. The 
     Secretary may promulgate regulations under this section.
       ``(j) Consultation.--In developing policies affecting the 
     Program, the Secretary shall consult with the Advisory 
     Council, the Department of Defense Marrow Donor Recruitment 
     and Research Program operated by the Department of the Navy, 
     and the board of directors of each entity awarded a contract 
     under this section.
       ``(k) Contracts.--
       ``(1) Application.--To be eligible to enter into a contract 
     under this section, an entity shall submit to the Secretary 
     and obtain approval of an application at such time, in such 
     manner, and containing such information as the Secretary 
     shall by regulation prescribe.
       ``(2) Considerations.--In awarding contracts under this 
     section, the Secretary shall give consideration to the 
     continued safety of donors and patients and other factors 
     deemed appropriate by the Secretary.
       ``(l) Eligibility.--Entities eligible to receive a contract 
     under this section shall include private nonprofit entities.
       ``(m) Records.--
       ``(1) Recordkeeping.--Each recipient of a contract or 
     subcontract under subsection (a) shall keep such records as 
     the Secretary shall prescribe, including records that fully 
     disclose the amount and disposition by the recipient of the 
     proceeds of the contract, the total cost of the undertaking 
     in connection with which the contract was made, and the 
     amount of the portion of the cost of the undertaking supplied 
     by other sources, and such other records as will facilitate 
     an effective audit.
       ``(2) Examination of records.--The Secretary and the 
     Comptroller General of the United States shall have access to 
     any books, documents, papers, and records of the recipient of 
     a contract or subcontract entered into under this section 
     that are pertinent to the contract, for the purpose of 
     conducting audits and examinations.
       ``(n) Penalties for Disclosure.--Any person who discloses 
     the content of any record referred to in subsection (d)(4)(D) 
     or (f)(5)(A) without the prior written consent of the donor 
     or potential donor with respect to whom the record is 
     maintained, or in violation of the standards described in 
     subsection (f)(5)(B), shall be imprisoned for not more than 2 
     years or fined in accordance with title 18, United States 
     Code, or both.''.
       (b) Stem Cell Therapeutic Outcomes Database.--Section 379A 
     of the Public

[[Page 29036]]

     Health Service Act (42 U.S.C. 274l) is amended to read as 
     follows:

     ``SEC. 379A. STEM CELL THERAPEUTIC OUTCOMES DATABASE.

       ``(a) Establishment.--The Secretary shall by contract 
     establish and maintain a scientific database of information 
     relating to patients who have been recipients of a stem cell 
     therapeutics product (including bone marrow, cord blood, or 
     other such product) from a donor.
       ``(b) Information.--The outcomes database shall include 
     information in a standardized electronic format with respect 
     to patients described in subsection (a), diagnosis, 
     transplant procedures, results, long-term follow-up, and such 
     other information as the Secretary determines to be 
     appropriate, to conduct an ongoing evaluation of the 
     scientific and clinical status of transplantation involving 
     recipients of a stem cell therapeutics product from a donor.
       ``(c) Annual Report on Patient Outcomes.--The Secretary 
     shall require the entity awarded a contract under this 
     section to submit to the Secretary an annual report 
     concerning patient outcomes with respect to each transplant 
     center, based on data collected and maintained by the entity 
     pursuant to this section.
       ``(d) Publicly Available Data.--The outcomes database shall 
     make relevant scientific information not containing 
     individually identifiable information available to the public 
     in the form of summaries and data sets to encourage medical 
     research and to provide information to transplant programs, 
     physicians, patients, entities awarded a contract under 
     section 379 donor registries, and cord blood banks.''.
       (c) Definitions.--Part I of title III of the Public Health 
     Service Act (42 U.S.C. 274k et seq.) is amended by inserting 
     after section 379A the following:

     ``SEC. 379A-1. DEFINITIONS.

       ``In this part:
       ``(1) The term `Advisory Council' means the advisory 
     council established by the Secretary under section 379(a)(1).
       ``(2) The term `bone marrow' means the cells found in adult 
     bone marrow and peripheral blood.
       ``(3) The term `outcomes database' means the database 
     established by the Secretary under section 379A.
       ``(4) The term `Program' means the C.W. Bill Young Cell 
     Transplantation Program established under section 379.''.
       (d) Authorization of Appropriations.--Section 379B of the 
     Public Health Service Act (42 U.S.C. 274m) is amended to read 
     as follows:

     ``SEC. 379B. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $34,000,000 for fiscal year 
     2006 and $38,000,000 for each of fiscal years 2007 through 
     2010.''.
       (e) Conforming Amendments.--Part I of title III of the 
     Public Health Service Act (42 U.S.C. 274k et seq.) is amended 
     in the part heading, by striking ``NATIONAL BONE MARROW DONOR 
     REGISTRY'' and inserting ``C. W. BILL YOUNG CELL 
     TRANSPLANTATION PROGRAM''.

     SEC. 4. REPORT ON LICENSURE OF CORD BLOOD UNITS.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Health and Human Services, in 
     consultation with the Commissioner of Food and Drugs, shall 
     submit to Congress a report concerning the progress made by 
     the Food and Drug Administration in developing requirements 
     for the licensing of cord blood units.
                                 ______
                                 
  SA 2689. Mr. FRIST (for Mr. Shelby) proposed an amendment to the bill 
S. 467, to extend the applicability of the Terrorism Risk Insurance Act 
of 2002; as folllows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Terrorism Risk Insurance 
     Extension Act of 2005''.

     SEC. 2. EXTENSION OF TERRORISM RISK INSURANCE PROGRAM.

       (a) Program Extension.--Section 108(a) of the Terrorism 
     Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 
     2336) is amended by striking ``2005'' and inserting ``2007''.
       (b) Mandatory Availability.--Section 103(c) of the 
     Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 
     116 Stat. 2327) is amended--
       (1) by striking paragraph (2);
       (2) by striking ``AVAILABILITY.--'' and all that follows 
     through ``each entity'' and inserting ``AVAILABILITY.--During 
     each Program Year, each entity''; and
       (3) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and moving the margins 
     2 ems to the left.

     SEC. 3. AMENDMENTS TO DEFINED TERMS.

       (a) Program Years.--Section 102(11) of the Terrorism Risk 
     Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) 
     is amended by adding at the end the following:
       ``(E) Program year 4.--The term `Program Year 4' means the 
     period beginning on January 1, 2006 and ending on December 
     31, 2006.
       ``(F) Program year 5.--The term `Program Year 5' means the 
     period beginning on January 1, 2007 and ending on December 
     31, 2007.''.
       (b) Exclusions From Covered Lines.--
       (1) In general.--Section 102(12)(B) of the Terrorism Risk 
     Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) 
     is amended--
       (A) in clause (vi), by striking ``or'' at the end;
       (B) in clause (vii), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(viii) commercial automobile insurance;
       ``(ix) burglary and theft insurance;
       ``(x) surety insurance;
       ``(xi) professional liability insurance; or
       ``(xii) farm owners multiple peril insurance.''.
       (2) Conforming amendment.--Section 102(12)(A) of the 
     Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 
     116 Stat. 2326) is amended by striking ``surety insurance'' 
     and inserting ``directors and officers liability insurance''.
       (c) Insurer Deductibles.--Section 102(7) of the Terrorism 
     Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 
     2325) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) by redesignating subparagraph (E) as subparagraph (G);
       (3) by inserting after subparagraph (D), the following:
       ``(E) for Program Year 4, the value of an insurer's direct 
     earned premiums over the calendar year immediately preceding 
     Program Year 4, multiplied by 17.5 percent;
       ``(F) for Program Year 5, the value of an insurer's direct 
     earned premiums over the calendar year immediately preceding 
     Program Year 5, multiplied by 20 percent; and''; and
       (4) in subparagraph (G), as so redesignated, by striking 
     ``through (D)'' and all that follows through ``Year 3''and 
     inserting the following: ``through (F), for the Transition 
     Period or any Program Year''.

     SEC. 4. INSURED LOSS SHARED COMPENSATION.

       Section 103(e) of the Terrorism Risk Insurance Act of 2002 
     (15 U.S.C. 6701 note; 116 Stat. 2328) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``through Program Year 4'' before ``shall 
     be equal''; and
       (B) by inserting ``, and during Program Year 5 shall be 
     equal to 85 percent,'' after ``90 percent''; and
       (2) in each of paragraphs (2) and (3), by striking 
     ``Program Year 2 or Program Year 3'' each place that term 
     appears and inserting ``any of Program Years 2 through 5''.

     SEC. 5. AGGREGATE RETENTION AMOUNTS AND RECOUPMENT OF FEDERAL 
                   SHARE.

       (a) Aggregate Retention Amounts.--Section 103(e)(6) of the 
     Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 
     116 Stat. 2329) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(D) for Program Year 4, the lesser of--
       ``(i) $25,000,000,000; and
       ``(ii) the aggregate amount, for all insurers, of insured 
     losses during such Program Year; and
       ``(E) for Program Year 5, the lesser of--
       ``(i) $27,500,000,000; and
       ``(ii) the aggregate amount, for all insurers, of insured 
     losses during such Program Year.''.
       (b) Recoupment of Federal Share.--Section 103(e)(7) of the 
     Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 
     116 Stat. 2329) is amended--
       (1) in subparagraph (A), by striking ``, (B), and (C)'' and 
     inserting ``through (E)''; and
       (2) in each of subparagraphs (B) and (C), by striking 
     ``subparagraph (A), (B), or (C)'' each place that term 
     appears and inserting ``any of subparagraphs (A) through 
     (E)''.

     SEC. 6. PROGRAM TRIGGER.

       Section 103(e)(1) of the Terrorism Risk Insurance Act of 
     2002 (15 U.S.C. note, 116 Stat. 2328) is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following:
       ``(B) Program trigger.--In the case of a certified act of 
     terrorism occurring after March 31, 2006, no compensation 
     shall be paid by the Secretary under subsection (a), unless 
     the aggregate industry insured losses resulting from such 
     certified act of terrorism exceed--
       ``(i) $50,000,000, with respect to such insured losses 
     occurring in Program Year 4; or
       ``(ii) $100,000,000, with respect to such insured losses 
     occurring in Program Year 5.''.

     SEC. 7. LITIGATION MANAGEMENT.

       Section 107(a) of the Terrorism Risk Insurance Act of 2002 
     (15 U.S.C. 6701 note; 116 Stat. 2335) is amended by adding at 
     the end the following:
       ``(6) Authority of the secretary.--Procedures and 
     requirements established by the Secretary under section 50.82 
     of part 50 of title 31 of the Code of Federal Regulations (as 
     in effect on the date of issuance of that section in final 
     form) shall apply to any cause of action described in 
     paragraph (1) of this subsection.''.

     SEC. 8. ANALYSIS AND REPORT ON TERRORISM RISK COVERAGE 
                   CONDITIONS AND SOLUTIONS.

       Section 108 of the Terrorism Risk Insurance Act of 2002 (15 
     U.S.C. 6701 note; 116 Stat. 2336) is amended by adding at the 
     end the following:

[[Page 29037]]

       ``(e) Analysis of Market Conditions for Terrorism Risk 
     Insurance.--
       ``(1) In general.--The President's Working Group on 
     Financial Markets, in consultation with the National 
     Association of Insurance Commissioners, representatives of 
     the insurance industry, representatives of the securities 
     industry, and representatives of policy holders, shall 
     perform an analysis regarding the long-term availability and 
     affordability of insurance for terrorism risk, including--
       ``(A) group life coverage; and
       ``(B) coverage for chemical, nuclear, biological, and 
     radiological events.
       ``(2) Report.--Not later than September 30, 2006, the 
     President's Working Group on Financial Markets shall submit a 
     report to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives on its findings pursuant to 
     the analysis conducted under subsection (a).''.
                                 ______
                                 
  SA 2690. Mr. FRIST (for Mr. McCain) proposed an amendment to the bill 
S. 1892, to amend Public Law 107-153 to modify a certain date; as 
follows:

       On page 1, line 6, strike ``2005'' and insert ``2000''.

                          ____________________