[House Report 109-233]
[From the U.S. Government Publishing Office]




109th Congress 1st 
   Session             HOUSE OF REPRESENTATIVES        Report
                                                       109-233
_______________________________________________________________________
 
 DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, FISCAL YEARS 
                           2006 THROUGH 2009

                               ----------                              

                              R E P O R T

                                 of the

                       COMMITTEE ON THE JUDICIARY
                        HOUSE OF REPRESENTATIVES

                              to accompany

                               H.R. 3402




 September 22, 2005.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
        DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, 
                     FISCAL YEARS 2006 THROUGH 2009
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109th Congress 
 1st Session            HOUSE OF REPRESENTATIVES                 Report
                                                                109-233
_______________________________________________________________________

                                     


 DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, FISCAL YEARS 
                           2006 THROUGH 2009

                               __________

                              R E P O R T

                                 of the

                       COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES

                              to accompany

                               H.R. 3402




 September 22, 2005.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-233

======================================================================




 DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, FISCAL YEARS 
                           2006 THROUGH 2009

                                _______
                                

 September 22, 2005.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3402]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 3402) to authorize appropriations for the Department of 
Justice for fiscal years 2006 through 2009, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................    86
Background and Need for the Legislation..........................    87
Hearings.........................................................    93
Committee Consideration..........................................    93
Vote of the Committee............................................    93
Committee Oversight Findings.....................................    93
New Budget Authority and Tax Expenditures........................    93
Congressional Budget Office Cost Estimate........................    93
Performance Goals and Objectives.................................    96
Constitutional Authority Statement...............................    97
Section-by-Section Analysis and Discussion.......................    97
Changes in Existing Law Made by the Bill, as Reported............   125
Markup Transcript................................................   284

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Justice Appropriations Authorization Act, Fiscal Years 2006 through 
2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations for fiscal year 2006.
Sec. 102. Authorization of appropriations for fiscal year 2007.
Sec. 103. Authorization of appropriations for fiscal year 2008.
Sec. 104. Authorization of appropriations for fiscal year 2009.
Sec. 105. Organized retail theft.

     TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS

  Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies

Sec. 201. Merger of Byrne grant program and Local Law Enforcement Block 
Grant program.
Sec. 202. Clarification of number of recipients who may be selected in 
a given year to receive Public Safety Officer Medal of Valor.
Sec. 203. Clarification of official to be consulted by Attorney General 
in considering application for emergency Federal law enforcement 
assistance.
Sec. 204. Clarification of uses for regional information sharing system 
grants.
Sec. 205. Integrity and enhancement of national criminal record 
databases.
Sec. 206. Extension of matching grant program for law enforcement armor 
vests.

Subtitle B--Building Community Capacity to Prevent, Reduce, and Control 
                                 Crime

Sec. 211. Office of Weed and Seed Strategies.

                 Subtitle C--Assisting Victims of Crime

Sec. 221. Grants to local nonprofit organizations to improve outreach 
services to victims of crime.
Sec. 222. Clarification and enhancement of certain authorities relating 
to Crime Victims Fund.
Sec. 223. Amounts received under crime victim grants may be used by 
State for training purposes.
Sec. 224. Clarification of authorities relating to Violence Against 
Women formula and discretionary grant programs.
Sec. 225. Change of certain reports from annual to biennial.

                      Subtitle D--Preventing Crime

Sec. 231. Clarification of definition of violent offender for purposes 
of juvenile drug courts.
Sec. 232. Changes to distribution and allocation of grants for drug 
courts.
Sec. 233. Eligibility for grants under drug court grants program 
extended to courts that supervise non-offenders with substance abuse 
problems.
Sec. 234. Term of Residential Substance Abuse Treatment program for 
local facilities.

                       Subtitle E--Other Matters

Sec. 241. Changes to certain financial authorities.
Sec. 242. Coordination duties of Assistant Attorney General.
Sec. 243. Simplification of compliance deadlines under sex-offender 
registration laws.
Sec. 244. Repeal of certain programs.
Sec. 245. Elimination of certain notice and hearing requirements.
Sec. 246. Amended definitions for purposes of Omnibus Crime Control and 
Safe Streets Act of 1968.
Sec. 247. Clarification of authority to pay subsistence payments to 
prisoners for health care items and services.
Sec. 248. Office of Audit, Assessment, and Management.
Sec. 249. Community Capacity Development Office.
Sec. 250. Office of Applied Law Enforcement Technology.
Sec. 251. Availability of funds for grants.
Sec. 252. Consolidation of financial management systems of Office of 
Justice Programs.
Sec. 253. Authorization and change of COPS program to single grant 
program.
Sec. 254. Clarification of persons eligible for benefits under Public 
Safety Officers' Death Benefits programs.
Sec. 255. Pre-release and post-release programs for juvenile offenders.
Sec. 256. Reauthorization of juvenile accountability block grants.
Sec. 257. Sex offender management.
Sec. 258. Evidence-based approaches.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Technical amendments relating to Public Law 107-56.
Sec. 302. Miscellaneous technical amendments.
Sec. 303. Use of Federal training facilities.
Sec. 304. Privacy officer.
Sec. 305. Bankruptcy crimes.
Sec. 306. Report to Congress on status of United States persons or 
residents detained on suspicion of terrorism.
Sec. 307. Increased penalties and expanded jurisdiction for sexual 
abuse offenses in correctional facilities.
Sec. 308. Expanded jurisdiction for contraband offenses in correctional 
facilities.
Sec. 309. Magistrate judge's authority to continue preliminary hearing.
Sec. 310. Technical corrections relating to steroids.
Sec. 311. Prison Rape Commission extension.
Sec. 312. Longer statute of limitation for human trafficking-related 
offenses.
Sec. 313. Use of Center for Criminal Justice Technology.
Sec. 314. SEARCH grants.
Sec. 315. Reauthorization of Law Enforcement Tribute Act.
Sec. 316. Amendment regarding bullying and gangs.
Sec. 317. Transfer of provisions relating to the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives.
Sec. 318. Reauthorize the gang resistance education and training 
projects program.
Sec. 319. National training center.
Sec. 320. Sense of Congress relating to ``good time'' release.
Sec. 321. Police badges.
Sec. 322. Officially approved postage.

      TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005

Sec. 401. Short title.
Sec. 402. Definitions and requirements for programs relating to 
violence against women.

    TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                                VIOLENCE

Sec. 501. STOP grants improvements.
Sec. 502. Grants to encourage arrest and enforce protection orders 
improvements.
Sec. 503. Legal assistance for victims improvements.
Sec. 504. Court training and improvements.
Sec. 505. Full faith and credit improvements.
Sec. 506. Privacy protections for victims of domestic violence, dating 
violence, sexual violence, and stalking.
Sec. 507. Stalker database.
Sec. 508. Victim assistants for District of Columbia.
Sec. 509. Preventing cyberstalking.
Sec. 510. Repeat offender provision.
Sec. 511. Prohibiting dating violence.
Sec. 512. GAO study and report.

 TITLE VI--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                 VIOLENCE, SEXUAL ASSAULT, AND STALKING

Sec. 601. Technical amendment to Violence Against Women Act.
Sec. 602. Sexual assault services program.
Sec. 603. Amendments to the rural domestic violence and child abuse 
enforcement assistance program.
Sec. 604. Assistance for victims of abuse.
Sec. 605. GAO study of National Domestic Violence Hotline.
Sec. 606. Grants for outreach to underserved populations.

   TITLE VII--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF 
                                VIOLENCE

Sec. 701. Services and justice for young victims of violence.
Sec. 702. Grants to combat violent crimes on campuses.
Sec. 703. Safe havens.
Sec. 704. Grants to combat domestic violence, dating violence, sexual 
assault, and stalking in middle and high schools.

TITLE VIII--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN 
                                THE HOME

Sec. 801. Preventing violence in the home.

         TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

Sec. 900. Short title; references to VAWA-2000; regulations.

                      Subtitle A--Victims of Crime

Sec. 901. Conditions applicable to U and T visas.
Sec. 902. Clarification of basis for relief under hardship waivers for 
conditional permanent residence.
Sec. 903. Adjustment of status for victims of trafficking.

                      Subtitle B--VAWA Petitioners

Sec. 911. Definition of VAWA petitioner.
Sec. 912. Self-petitioning for children.
Sec. 913. Self-petitioning parents.
Sec. 914. Promoting consistency in VAWA adjudications.
Sec. 915. Relief for certain victims pending actions on petitions and 
applications for relief.
Sec. 916. Access to VAWA protection regardless of manner of entry.
Sec. 917. Eliminating abusers' control over applications for 
adjustments of status.
Sec. 918. Parole for VAWA petitioners and for derivatives of 
trafficking victims.
Sec. 919. Exemption of victims of domestic violence, sexual assault and 
trafficking from sanctions for failure to depart voluntarily.
Sec. 920. Clarification of access to naturalization for victims of 
domestic violence.
Sec. 921. Prohibition of adverse determinations of admissibility or 
deportability based on protected information.
Sec. 922. Information for K nonimmigrants about legal rights and 
resources for immigrant victims of domestic violence.
Sec. 923. Authorization of appropriations.

                  Subtitle C--Miscellaneous Provisions

Sec. 931. Removing 2 year custody and residency requirement for 
battered adopted children.
Sec. 932. Waiver of certain grounds of inadmissibility for VAWA 
petitioners.
Sec. 933. Employment authorization for battered spouses of certain 
nonimmigrants.
Sec. 934. Grounds for hardship waiver for conditional permanent 
residence for intended spouses.
Sec. 935. Cancellation of removal.
Sec. 936. Motions to reopen.
Sec. 937. Removal proceedings.
Sec. 938. Conforming relief in suspension of deportation parallel to 
the relief available in VAWA-2000 cancellation for bigamy.
Sec. 939. Correction of cross-reference to credible evidence 
provisions.
Sec. 940. Technical corrections.

                    TITLE X--SAFETY ON TRIBAL LANDS

Sec. 1001. Purposes.
Sec. 1002. Consultation.
Sec. 1003. Analysis and research on violence on tribal lands.
Sec. 1004. Tracking of violence on tribal lands.
Sec. 1005. Tribal Division of the Office on Violence Against Women.
Sec. 1006. GAO report to Congress on status of prosecution of sexual 
assault and domestic violence on tribal lands.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2006.

    There are authorized to be appropriated for fiscal year 2006, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $161,407,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $216,286,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $72,828,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $679,661,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not less than $15,000,000 for the investigation 
                and prosecution of violations of title 17 of the United 
                States Code;
                    (C) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (D) $5,000,000 for the investigation and 
                prosecution of violations of chapter 77 of title 18 of 
                the United States Code.
            (5) Antitrust division.--For the Antitrust Division: 
        $144,451,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,626,146,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $5,761,237,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $800,255,000.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $5,065,761,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,716,173,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms and explosives.--
        For the Bureau of Alcohol, Tobacco, Firearms and Explosives: 
        $923,613,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $181,137,000, which shall include not to exceed 
        $8,000,000 for construction of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $661,940,000 for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,270,000.
            (15) Community relations service.-- For the Community 
        Relations Service: $9,759,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $21,468,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $11,300,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,222,000,000.
            (19) Justice information sharing technology.--For necessary 
        expenses for information sharing technology, including 
        planning, development, and deployment: $181,490,000.
            (20) Narrow Band communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $128,701,000.
            (21) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and Office of Community 
        Oriented Policing Services:
                    (A) $121,105,000 for the Office of Justice 
                Programs.
                    (B) $14,172,000 for the Office on Violence Against 
                Women.
                    (C) $31,343,000 for the Office of Community 
                Oriented Policing Services.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2007.

    There are authorized to be appropriated for fiscal year 2007, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $167,863,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $224,937,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $75,741,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $706,847,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not less than $15,600,000 for the investigation 
                and prosecution of violations of title 17 of the United 
                States Code;
                    (C) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (D) $5,000,000 for the investigation and 
                prosecution of violations of chapter 77 of title 18 of 
                the United States Code.
            (5) Antitrust division.--For the Antitrust Division: 
        $150,229,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,691,192,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $5,991,686,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $832,265,000.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $5,268,391,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,784,820,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms and explosives.--
        For the Bureau of Alcohol, Tobacco, Firearms and Explosives: 
        $960,558,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $188,382,000, which shall include not to exceed 
        $8,000,000 for construction of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $688,418,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,321,000.
            (15) Community relations service.--For the Community 
        Relations Service: $10,149,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,000,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $11,752,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,405,300,000.
            (19) Justice information sharing technology.--For necessary 
        expenses for information sharing technology, including 
        planning, development, and deployment: $188,750,000.
            (20) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $133,849,000.
            (21) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services:
                    (A) $125,949,000 for the Office of Justice 
                Programs.
                    (B) $15,600,000 for the Office on Violence Against 
                Women.
                    (C) $32,597,000 for the Office of Community 
                Oriented Policing Services.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.

    There are authorized to be appropriated for fiscal year 2008, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $174,578,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $233,934,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $78,771,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $735,121,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not less than $16,224,000 for the investigation 
                and prosecution of violations of title 17 of the United 
                States Code;
                    (C) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character; and
                    (D) $5,000,000 for the investigation and 
                prosecution of violations of chapter 77 of title 18 of 
                the United States Code.
            (5) Antitrust division.--For the Antitrust Division: 
        $156,238,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,758,840,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $6,231,354,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $865,556,000.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $5,479,127,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,856,213,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms and explosives.--
        For the Bureau of Alcohol, Tobacco, Firearms and Explosives: 
        $998,980,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $195,918,000, which shall include not to exceed 
        $8,000,000 for construction of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $715,955,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,374,000.
            (15) Community relations service.--For the Community 
        Relations Service: $10,555,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,000,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $12,222,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,616,095,000.
            (19) Justice information sharing technology.--For necessary 
        expenses for information sharing technology, including 
        planning, development, and deployment: $196,300,000.
            (20) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $139,203,000.
            (21) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services:
                    (A) $130,987,000 for the Office of Justice 
                Programs.
                    (B) $16,224,000 for the Office on Violence Against 
                Women.
                    (C) $33,901,000 for the Office of Community 
                Oriented Policing Services.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.

    There are authorized to be appropriated for fiscal year 2009, to 
carry out the activities of the Department of Justice (including any 
bureau, office, board, division, commission, subdivision, unit, or 
other component thereof), the following sums:
            (1) General administration.--For General Administration: 
        $181,561,000.
            (2) Administrative review and appeals.--For Administrative 
        Review and Appeals: $243,291,000 for administration of pardon 
        and clemency petitions and for immigration-related activities.
            (3) Office of inspector general.--For the Office of 
        Inspector General: $81,922,000, which shall include not to 
        exceed $10,000 to meet unforeseen emergencies of a confidential 
        character.
            (4) General legal activities.--For General Legal 
        Activities: $764,526,000, which shall include--
                    (A) not less than $4,000,000 for the investigation 
                and prosecution of denaturalization and deportation 
                cases involving alleged Nazi war criminals;
                    (B) not less than $16,872,000 for the investigation 
                and prosecution of violations of title 17 of the United 
                States Code; and
                    (C) not to exceed $20,000 to meet unforeseen 
                emergencies of a confidential character.
                    (D) $5,000,000 for the investigation and 
                prosecution of violations of chapter 77 of title 18 of 
                the United States Code.
            (5) Antitrust division.--For the Antitrust Division: 
        $162,488,000.
            (6) United states attorneys.--For United States Attorneys: 
        $1,829,194,000.
            (7) Federal bureau of investigation.--For the Federal 
        Bureau of Investigation: $6,480,608,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (8) United states marshals service.--For the United States 
        Marshals Service: $900,178,000.
            (9) Federal prison system.--For the Federal Prison System, 
        including the National Institute of Corrections: 
        $5,698,292,000.
            (10) Drug enforcement administration.--For the Drug 
        Enforcement Administration: $1,930,462,000, which shall include 
        not to exceed $70,000 to meet unforeseen emergencies of a 
        confidential character.
            (11) Bureau of alcohol, tobacco, firearms and explosives.--
        For the Bureau of Alcohol, Tobacco, Firearms and Explosives: 
        $1,038,939,000.
            (12) Fees and expenses of witnesses.--For Fees and Expenses 
        of Witnesses: $203,755,000, which shall include not to exceed 
        $8,000,000 for construction of protected witness safesites.
            (13) Interagency crime and drug enforcement.--For 
        Interagency Crime and Drug Enforcement: $744,593,000, for 
        expenses not otherwise provided for, for the investigation and 
        prosecution of persons involved in organized crime drug 
        trafficking, except that any funds obligated from 
        appropriations authorized by this paragraph may be used under 
        authorities available to the organizations reimbursed from such 
        funds.
            (14) Foreign claims settlement commission.--For the Foreign 
        Claims Settlement Commission: $1,429,000.
            (15) Community relations service.--For the Community 
        Relations Service: $10,977,000.
            (16) Assets forfeiture fund.--For the Assets Forfeiture 
        Fund: $22,000,000 for expenses authorized by section 524 of 
        title 28, United States Code.
            (17) United states parole commission.--For the United 
        States Parole Commission: $12,711,000.
            (18) Federal detention trustee.--For the necessary expenses 
        of the Federal Detention Trustee: $1,858,509,000.
            (19) Justice information sharing technology.--For necessary 
        expenses for information sharing technology, including 
        planning, development, and deployment: $204,152,000.
            (20) Narrowband communications.--For the costs of 
        conversion to narrowband communications, including the cost for 
        operation and maintenance of Land Mobile Radio legacy systems: 
        $144,771,000.
            (21) Administrative expenses for certain activities.--For 
        the administrative expenses of the Office of Justice Programs, 
        the Office on Violence Against Women, and the Office of 
        Community Oriented Policing Services:
                    (A) $132,226,000 for the Office of Justice 
                Programs.
                    (B) $16,837,000 for the Office on Violence Against 
                Women.
                    (C) $35,257,000 for the Office of Community 
                Oriented Policing Services.

SEC. 105. ORGANIZED RETAIL THEFT.

    (a) National Data.--(1) The Attorney General and the Federal Bureau 
of Investigation shall establish a task force to combat organized 
retail theft and provide expertise to the retail community for the 
establishment of a national database or clearinghouse housed and 
maintained in the private sector to track and identify where organized 
retail theft type crimes are being committed in the United Sates. The 
national database shall allow Federal, State, and local law enforcement 
officials as well as authorized retail companies (and authorized 
associated retail databases) to transmit information into the database 
electronically and to review information that has been submitted 
electronically.
    (2) The Attorney General shall make available funds to provide for 
the ongoing administrative and technological costs to federal law 
enforcement agencies participating in the database project.
    (3) The Attorney General through the Bureau of Justice Assistance 
in the Office of Justice may make grants to help provide for the 
administrative and technological costs to State and local law 
enforcement agencies participating in the data base project.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated for each of fiscal years 2006 through 2009, $5,000,000 for 
educating and training federal law enforcement regarding organized 
retail theft, for investigating, apprehending and prosecuting 
individuals engaged in organized retail theft, and for working with the 
private sector to establish and utilize the database described in 
subsection (a).
    (c) Definition of Organized Retail Theft.--For purposes of this 
section, ``organized retail theft'' means--
            (1) the violation of a State prohibition on retail 
        merchandise theft or shoplifting, if the violation consists of 
        the theft of quantities of items that would not normally be 
        purchased for personal use or consumption and for the purpose 
        of reselling the items or for reentering the items into 
        commerce;
            (2) the receipt, possession, concealment, bartering, sale, 
        transport, or disposal of any property that is know or should 
        be known to have been taken in violation of paragraph (1); or
            (3) the coordination, organization, or recruitment of 
        persons to undertake the conduct described in paragraph (1) or 
        (2).

     TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS

  Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies

SEC. 201. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW ENFORCEMENT BLOCK 
                    GRANT PROGRAM.

    (a) In General.--Part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended as follows:
            (1) Subpart 1 of such part (42 U.S.C. 3751-3759) is 
        repealed.
            (2) Such part is further amended--
                    (A) by inserting before section 500 (42 U.S.C. 
                3750) the following new heading:

 ``Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program'';

                    (B) by amending section 500 to read as follows:

``SEC. 500. NAME OF PROGRAM.

    ``(a) In General.--The grant program established under this subpart 
shall be known as the `Edward Byrne Memorial Justice Assistance Grant 
Program'.
    ``(b) References to Former Programs.--Any reference in a law, 
regulation, document, paper, or other record of the United States to 
the Edward Byrne Memorial State and Local Law Enforcement Assistance 
Programs, or to the Local Government Law Enforcement Block Grants 
program, shall be deemed to be a reference to the grant program 
referred to in subsection (a).''; and
                    (C) by inserting after section 500 the following 
                new sections:

``SEC. 501. DESCRIPTION.

    ``(a) Grants Authorized.--
            ``(1) In general.--From amounts made available to carry out 
        this subpart, the Attorney General may, in accordance with the 
        formula established under section 505, make grants to States 
        and units of local government, for use by the State or unit of 
        local government to provide additional personnel, equipment, 
        supplies, contractual support, training, technical assistance, 
        and information systems for criminal justice, including for any 
        one or more of the following programs:
                    ``(A) Law enforcement programs.
                    ``(B) Prosecution and court programs.
                    ``(C) Prevention and education programs.
                    ``(D) Corrections and community corrections 
                programs.
                    ``(E) Drug treatment and enforcement programs.
                    ``(F) Planning, evaluation, and technology 
                improvement programs.
                    ``(G) Crime victim and witness programs (other than 
                compensation).
            ``(2) Rule of construction.--Paragraph (1) shall be 
        construed to ensure that a grant under that paragraph may be 
        used for any purpose for which a grant was authorized to be 
        used under either or both of the programs specified in section 
        500(b), as those programs were in effect immediately before the 
        enactment of this paragraph.
    ``(b) Contracts and Subawards.--A State or unit of local government 
may, in using a grant under this subpart for purposes authorized by 
subsection (a), use all or a portion of that grant to contract with or 
make one or more subawards to one or more--
            ``(1) neighborhood or community-based organizations that 
        are private and nonprofit;
            ``(2) units of local government; or
            ``(3) tribal governments.
    ``(c) Program Assessment Component; Waiver.--
            ``(1) Each program funded under this subpart shall contain 
        a program assessment component, developed pursuant to 
        guidelines established by the Attorney General, in coordination 
        with the National Institute of Justice.
            ``(2) The Attorney General may waive the requirement of 
        paragraph (1) with respect to a program if, in the opinion of 
        the Attorney General, the program is not of sufficient size to 
        justify a full program assessment.
    ``(d) Prohibited Uses.--Notwithstanding any other provision of this 
Act, no funds provided under this subpart may be used, directly or 
indirectly, to provide any of the following matters:
            ``(1) Any security enhancements or any equipment to any 
        nongovernmental entity that is not engaged in criminal justice 
        or public safety.
            ``(2) Unless the Attorney General certifies that 
        extraordinary and exigent circumstances exist that make the use 
        of such funds to provide such matters essential to the 
        maintenance of public safety and good order--
                    ``(A) vehicles, vessels, or aircraft;
                    ``(B) luxury items;
                    ``(C) real estate;
                    ``(D) construction projects (other than penal or 
                correctional institutions); or
                    ``(E) any similar matters.
    ``(e) Administrative Costs.--Not more than 10 percent of a grant 
made under this subpart may be used for costs incurred to administer 
such grant.
    ``(f) Period.--The period of a grant made under this subpart shall 
be four years, except that renewals and extensions beyond that period 
may be granted at the discretion of the Attorney General.
    ``(g) Rule of Construction.--Subparagraph (d)(1) shall not be 
construed to prohibit the use, directly or indirectly, of funds 
provided under this subpart to provide security at a public event, such 
as a political convention or major sports event, so long as such 
security is provided under applicable laws and procedures.

``SEC. 502. APPLICATIONS.

    ``To request a grant under this subpart, the chief executive 
officer of a State or unit of local government shall submit an 
application to the Attorney General within 90 days after the date on 
which funds to carry out this subpart are appropriated for a fiscal 
year, in such form as the Attorney General may require. Such 
application shall include the following:
            ``(1) A certification that Federal funds made available 
        under this subpart will not be used to supplant State or local 
        funds, but will be used to increase the amounts of such funds 
        that would, in the absence of Federal funds, be made available 
        for law enforcement activities.
            ``(2) An assurance that, not fewer than 30 days before the 
        application (or any amendment to the application) was submitted 
        to the Attorney General, the application (or amendment) was 
        submitted for review to the governing body of the State or unit 
        of local government (or to an organization designated by that 
        governing body).
            ``(3) An assurance that, before the application (or any 
        amendment to the application) was submitted to the Attorney 
        General--
                    ``(A) the application (or amendment) was made 
                public; and
                    ``(B) an opportunity to comment on the application 
                (or amendment) was provided to citizens and to 
                neighborhood or community-based organizations, to the 
                extent applicable law or established procedure makes 
                such an opportunity available.
            ``(4) An assurance that, for each fiscal year covered by an 
        application, the applicant shall maintain and report such data, 
        records, and information (programmatic and financial) as the 
        Attorney General may reasonably require.
            ``(5) A certification, made in a form acceptable to the 
        Attorney General and executed by the chief executive officer of 
        the applicant (or by another officer of the applicant, if 
        qualified under regulations promulgated by the Attorney 
        General), that--
                    ``(A) the programs to be funded by the grant meet 
                all the requirements of this subpart;
                    ``(B) all the information contained in the 
                application is correct;
                    ``(C) there has been appropriate coordination with 
                affected agencies; and
                    ``(D) the applicant will comply with all provisions 
                of this subpart and all other applicable Federal laws.

``SEC. 503. REVIEW OF APPLICATIONS.

    ``The Attorney General shall not finally disapprove any application 
(or any amendment to that application) submitted under this subpart 
without first affording the applicant reasonable notice of any 
deficiencies in the application and opportunity for correction and 
reconsideration.

``SEC. 504. RULES.

    ``The Attorney General shall issue rules to carry out this subpart. 
The first such rules shall be issued not later than one year after the 
date on which amounts are first made available to carry out this 
subpart.

``SEC. 505. FORMULA.

    ``(a) Allocation Among States.--
            ``(1) In general.--Of the total amount appropriated for 
        this subpart, the Attorney General shall, except as provided in 
        paragraph (2), allocate--
                    ``(A) 50 percent of such remaining amount to each 
                State in amounts that bear the same ratio of--
                            ``(i) the total population of a State to--
                            ``(ii) the total population of the United 
                        States; and
                    ``(B) 50 percent of such remaining amount to each 
                State in amounts that bear the same ratio of--
                            ``(i) the average annual number of part 1 
                        violent crimes of the Uniform Crime Reports of 
                        the Federal Bureau of Investigation reported by 
                        such State for the three most recent years 
                        reported by such State to--
                            ``(ii) the average annual number of such 
                        crimes reported by all States for such years.
            ``(2) Minimum allocation.--If carrying out paragraph (1) 
        would result in any State receiving an allocation less than 
        0.25 percent of the total amount (in this paragraph referred to 
        as a `minimum allocation State'), then paragraph (1), as so 
        carried out, shall not apply, and the Attorney General shall 
        instead--
                    ``(A) allocate 0.25 percent of the total amount to 
                each State; and
                    ``(B) using the amount remaining after carrying out 
                subparagraph (A), carry out paragraph (1) in a manner 
                that excludes each minimum allocation State, including 
                the population of and the crimes reported by such 
                State.
    ``(b) Allocation Between States and Units of Local Government.--Of 
the amounts allocated under subsection (a)--
            ``(1) 60 percent shall be for direct grants to States, to 
        be allocated under subsection (c); and
            ``(2) 40 percent shall be for grants to be allocated under 
        subsection (d).
    ``(c) Allocation for State Governments.--
            ``(1) In general.--Of the amounts allocated under 
        subsection (b)(1), each State may retain for the purposes 
        described in section 501 an amount that bears the same ratio 
        of--
                    ``(A) total expenditures on criminal justice by the 
                State government in the most recently completed fiscal 
                year to--
                    ``(B) the total expenditure on criminal justice by 
                the State government and units of local government 
                within the State in such year.
            ``(2) Remaining amounts.--Except as provided in subsection 
        (e)(1), any amounts remaining after the allocation required by 
        paragraph (1) shall be made available to units of local 
        government by the State for the purposes described in section 
        501.
    ``(d) Allocations to Local Governments.--
            ``(1) In general.--Of the amounts allocated under 
        subsection (b)(2), grants for the purposes described in section 
        501 shall be made directly to units of local government within 
        each State in accordance with this subsection, subject to 
        subsection (e).
            ``(2) Allocation.--
                    ``(A) In general.--From the amounts referred to in 
                paragraph (1) with respect to a State (in this 
                subsection referred to as the `local amount'), the 
                Attorney General shall allocate to each unit of local 
                government an amount which bears the same ratio to such 
                share as the average annual number of part 1 violent 
                crimes reported by such unit to the Federal Bureau of 
                Investigation for the 3 most recent calendar years for 
                which such data is available bears to the number of 
                part 1 violent crimes reported by all units of local 
                government in the State in which the unit is located to 
                the Federal Bureau of Investigation for such years.
                    ``(B) Transitional rule.--Notwithstanding 
                subparagraph (A), for fiscal years 2006, 2007, and 
                2008, the Attorney General shall allocate the local 
                amount to units of local government in the same manner 
                that, under the Local Government Law Enforcement Block 
                Grants program in effect immediately before the date of 
                the enactment of this section, the reserved amount was 
                allocated among reporting and nonreporting units of 
                local government.
            ``(3) Annexed units.--If a unit of local government in the 
        State has been annexed since the date of the collection of the 
        data used by the Attorney General in making allocations 
        pursuant to this section, the Attorney General shall pay the 
        amount that would have been allocated to such unit of local 
        government to the unit of local government that annexed it.
            ``(4) Resolution of disparate allocations.--(A) 
        Notwithstanding any other provision of this subpart, if--
                    ``(i) the Attorney General certifies that a unit of 
                local government bears more than 50 percent of the 
                costs of prosecution or incarceration that arise with 
                respect to part 1 violent crimes reported by a 
                specified geographically constituent unit of local 
                government; and
                    ``(ii) but for this paragraph, the amount of funds 
                allocated under this section to--
                            ``(I) any one such specified geographically 
                        constituent unit of local government exceeds 
                        150 percent of the amount allocated to the unit 
                        of local government certified pursuant to 
                        clause (i); or
                            ``(II) more than one such specified 
                        geographically constituent unit of local 
                        government exceeds 400 percent of the amount 
                        allocated to the unit of local government 
                        certified pursuant to clause (i),
        then in order to qualify for payment under this subsection, the 
        unit of local government certified pursuant to clause (i), 
        together with any such specified geographically constituent 
        units of local government described in clause (ii), shall 
        submit to the Attorney General a joint application for the 
        aggregate of funds allocated to such units of local government. 
        Such application shall specify the amount of such funds that 
        are to be distributed to each of the units of local government 
        and the purposes for which such funds are to be used. The units 
        of local government involved may establish a joint local 
        advisory board for the purposes of carrying out this paragraph.
            ``(B) In this paragraph, the term `geographically 
        constituent unit of local government' means a unit of local 
        government that has jurisdiction over areas located within the 
        boundaries of an area over which a unit of local government 
        certified pursuant to clause (i) has jurisdiction.
    ``(e) Limitation on Allocations to Units of Local Government.--
            ``(1) Maximum allocation.--No unit of local government 
        shall receive a total allocation under this section that 
        exceeds such unit's total expenditures on criminal justice 
        services for the most recently completed fiscal year for which 
        data are available. Any amount in excess of such total 
        expenditures shall be allocated proportionally among units of 
        local government whose allocations under this section do not 
        exceed their total expenditures on such services.
            ``(2) Allocations under $10,000.--If the allocation under 
        this section to a unit of local government is less than $10,000 
        for any fiscal year, the direct grant to the State under 
        subsection (c) shall be increased by the amount of such 
        allocation, to be distributed (for the purposes described in 
        section 501) among State police departments that provide 
        criminal justice services to units of local government and 
        units of local government whose allocation under this section 
        is less than $10,000.
            ``(3) Non-reporting units.--No allocation under this 
        section shall be made to a unit of local government that has 
        not reported at least three years of data on part 1 violent 
        crimes of the Uniform Crime Reports to the Federal Bureau of 
        Investigation within the immediately preceding 10 years.
    ``(f) Funds not Used by the State.--If the Attorney General 
determines, on the basis of information available during any grant 
period, that any allocation (or portion thereof) under this section to 
a State for such grant period will not be required, or that a State 
will be unable to qualify or receive funds under this subpart, or that 
a State chooses not to participate in the program established under 
this subpart, then such State's allocation (or portion thereof) shall 
be awarded by the Attorney General to units of local government, or 
combinations thereof, within such State, giving priority to those 
jurisdictions with the highest annual number of part 1 violent crimes 
of the Uniform Crime Reports reported by the unit of local government 
to the Federal Bureau of Investigation for the three most recent 
calendar years for which such data are available.
    ``(g) Special Rules for Puerto Rico.--
            ``(1) All funds set aside for commonwealth government.--
        Notwithstanding any other provision of this subpart, the 
        amounts allocated under subsection (a) to Puerto Rico, 100 
        percent shall be for direct grants to the Commonwealth 
        government of Puerto Rico.
            ``(2) No local allocations.--Subsections (c) and (d) shall 
        not apply to Puerto Rico.
    ``(h) Units of Local Government in Louisiana.--In carrying out this 
section with respect to the State of Louisiana, the term `unit of local 
government' means a district attorney or a parish sheriff.

``SEC. 506. RESERVED FUNDS.

    ``Of the total amount made available to carry out this subpart for 
a fiscal year, the Attorney General shall reserve not more than--
            ``(1) $20,000,000, for use by the National Institute of 
        Justice in assisting units of local government to identify, 
        select, develop, modernize, and purchase new technologies for 
        use by law enforcement, of which $1,000,000 shall be for use by 
        the Bureau of Justice Statistics to collect data necessary for 
        carrying out this subpart; and
            ``(2) $20,000,000, to be granted by the Attorney General to 
        States and units of local government to develop and implement 
        antiterrorism training programs.

``SEC. 507. INTEREST-BEARING TRUST FUNDS.

    ``(a) Trust Fund Required.--A State or unit of local government 
shall establish a trust fund in which to deposit amounts received under 
this subpart.
    ``(b) Expenditures.--
            ``(1) In general.--Each amount received under this subpart 
        (including interest on such amount) shall be expended before 
        the date on which the grant period expires.
            ``(2) Repayment.--A State or unit of local government that 
        fails to expend an entire amount (including interest on such 
        amount) as required by paragraph (1) shall repay the unexpended 
        portion to the Attorney General not later than 3 months after 
        the date on which the grant period expires.
            ``(3) Reduction of future amounts.--If a State or unit of 
        local government fails to comply with paragraphs (1) and (2), 
        the Attorney General shall reduce amounts to be provided to 
        that State or unit of local government accordingly.
    ``(c) Repaid Amounts.--Amounts received as repayments under this 
section shall be subject to section 108 of this title as if such 
amounts had not been granted and repaid. Such amounts shall be 
deposited in the Treasury in a dedicated fund for use by the Attorney 
General to carry out this subpart. Such funds are hereby made available 
to carry out this subpart.

``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subpart 
$1,095,000,000 for fiscal year 2006 and such sums as may be necessary 
for each of fiscal years 2007 through 2009.''.
    (b) Repeals of Certain Authorities Relating to Byrne Grants.--
            (1) Discretionary grants to public and private entities.--
        Chapter A of subpart 2 of Part E of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760-
        3762) is repealed.
            (2) Targeted grants to curb motor vehicle theft.--Subtitle 
        B of title I of the Anti Car Theft Act of 1992 (42 U.S.C. 
        3750a-3750d) is repealed.
    (c) Conforming Amendments.--
            (1) Crime identification technology act.--Subsection 
        (c)(2)(G) of section 102 of the Crime Identification Technology 
        Act of 1998 (42 U.S.C. 14601) is amended by striking ``such 
        as'' and all that follows through ``the M.O.R.E. program'' and 
        inserting ``such as the Edward Byrne Justice Assistance Grant 
        Program and the M.O.R.E. program''.
            (2) Safe streets act.--Title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 is amended--
                    (A) in section 517 (42 U.S.C. 3763), in subsection 
                (a)(1), by striking ``pursuant to section 511 or 515'' 
                and inserting ``pursuant to section 515'';
                    (B) in section 520 (42 U.S.C. 3766)--
                            (i) in subsection (a)(1), by striking ``the 
                        program evaluations as required by section 
                        501(c) of this part'' and inserting ``program 
                        evaluations'';
                            (ii) in subsection (a)(2), by striking 
                        ``evaluations of programs funded under section 
                        506 (formula grants) and sections 511 and 515 
                        (discretionary grants) of this part'' and 
                        inserting ``evaluations of programs funded 
                        under section 505 (formula grants) and section 
                        515 (discretionary grants) of this part''; and
                            (iii) in subsection (b)(2), by striking 
                        ``programs funded under section 506 (formula 
                        grants) and section 511 (discretionary 
                        grants)'' and inserting ``programs funded under 
                        section 505 (formula grants)'';
                    (C) in section 522 (42 U.S.C. 3766b)--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``section 
                        506'' and inserting ``section 505''; and
                            (ii) in subsection (a)(1), by striking ``an 
                        assessment of the impact of such activities on 
                        meeting the needs identified in the State 
                        strategy submitted under section 503'' and 
                        inserting ``an assessment of the impact of such 
                        activities on meeting the purposes of subpart 
                        1'';
                    (D) in section 801(b) (42 U.S.C. 3782(b)), in the 
                matter following paragraph (5)--
                            (i) by striking ``the purposes of section 
                        501 of this title'' and inserting ``the 
                        purposes of such subpart 1''; and
                            (ii) by striking ``the application 
                        submitted pursuant to section 503 of this 
                        title'' and inserting ``the application 
                        submitted pursuant to section 502 of this 
                        title'';
                    (E) in section 808 (42 U.S.C. 3789), by striking 
                ``the State office described in section 507 or 1408'' 
                and inserting ``the State office responsible for the 
                trust fund required by section 507, or the State office 
                described in section 1408,'';
                    (F) in section 901 (42 U.S.C. 3791), in subsection 
                (a)(2), by striking ``for the purposes of section 
                506(a)'' and inserting ``for the purposes of section 
                505(a)'';
                    (G) in section 1502 (42 U.S.C. 3796bb-1)--
                            (i) in paragraph (1), by striking ``section 
                        506(a)'' and inserting ``section 505(a)'';
                            (ii) in paragraph (2)--
                                    (I) by striking ``section 503(a)'' 
                                and inserting ``section 502''; and
                                    (II) by striking ``section 506'' 
                                and inserting ``section 505'';
                    (H) in section 1602 (42 U.S.C. 3796cc-1), in 
                subsection (b), by striking ``The office designated 
                under section 507 of title I'' and inserting ``The 
                office responsible for the trust fund required by 
                section 507'';
                    (I) in section 1702 (42 U.S.C. 3796dd-1), in 
                subsection (c)(1), by striking ``and reflects 
                consideration of the statewide strategy under section 
                503(a)(1)''; and
                    (J) in section 1902 (42 U.S.C. 3796ff-1), in 
                subsection (e), by striking ``The Office designated 
                under section 507'' and inserting ``The office 
                responsible for the trust fund required by section 
                507''.
    (d) Applicability.--The amendments made by this section shall apply 
with respect to the first fiscal year beginning after the date of the 
enactment of this Act and each fiscal year thereafter.

SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE SELECTED IN 
                    A GIVEN YEAR TO RECEIVE PUBLIC SAFETY OFFICER MEDAL 
                    OF VALOR.

    Section 3(c) of the Public Safety Officer Medal of Valor Act of 
2001 (42 U.S.C. 15202(c)) is amended by striking ``more than 5 
recipients'' and inserting ``more than 5 individuals, or groups of 
individuals, as recipients''.

SEC. 203. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY ATTORNEY GENERAL 
                    IN CONSIDERING APPLICATION FOR EMERGENCY FEDERAL 
                    LAW ENFORCEMENT ASSISTANCE.

    Section 609M(b) of the Justice Assistance Act of 1984 (42 U.S.C. 
10501(b)) is amended by striking ``the Director of the Office of 
Justice Assistance'' and inserting ``the Assistant Attorney General for 
the Office of Justice Programs''.

SEC. 204. CLARIFICATION OF USES FOR REGIONAL INFORMATION SHARING SYSTEM 
                    GRANTS.

    Section 1301(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796h(b)), as most recently amended by section 701 
of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 374), is amended--
            (1) in paragraph (1), by inserting ``regional'' before 
        ``information sharing systems'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) establishing and maintaining a secure 
        telecommunications system for regional information sharing 
        between Federal, State, and local law enforcement agencies;''; 
        and
            (3) by striking ``(5)'' at the end of paragraph (4).

SEC. 205. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL RECORD 
                    DATABASES.

    (a) Duties of Director.--Section 302 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
            (1) in subsection (b), by inserting after the third 
        sentence the following new sentence: ``The Director shall be 
        responsible for the integrity of data and statistics and shall 
        protect against improper or illegal use or disclosure.'';
            (2) by amending paragraph (19) of subsection (c) to read as 
        follows:
            ``(19) provide for improvements in the accuracy, quality, 
        timeliness, immediate accessibility, and integration of State 
        criminal history and related records, support the development 
        and enhancement of national systems of criminal history and 
        related records including the National Criminal History 
        Background Check System, the National Incident-Based Reporting 
        System, and the records of the National Crime Information 
        Center, facilitate State participation in national records and 
        information systems, and support statistical research for 
        critical analysis of the improvement and utilization of 
        criminal history records;''; and
            (3) in subsection (d)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by striking the period at the end of paragraph 
                (5) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) confer and cooperate with Federal statistical 
        agencies as needed to carry out the purposes of this part, 
        including by entering into cooperative data sharing agreements 
        in conformity with all laws and regulations applicable to the 
        disclosure and use of data.''.
    (b) Use of Data.--Section 304 of such Act (42 U.S.C. 3735) is 
amended by striking ``particular individual'' and inserting ``private 
person or public agency''.
    (c) Confidentiality of Information.--Section 812(a) of such Act (42 
U.S.C. 3789g(a)) is amended by striking ``Except as provided by Federal 
law other than this title, no'' and inserting ``No''.

SEC. 206. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR 
                    VESTS.

    Section 1001(a)(23) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking 
``2007'' and inserting ``2009''.

Subtitle B--Building Community Capacity to Prevent, Reduce, and Control 
                                 Crime

SEC. 211. OFFICE OF WEED AND SEED STRATEGIES.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by inserting after section 102 (42 
U.S.C. 3712) the following new sections:

``SEC. 103. OFFICE OF WEED AND SEED STRATEGIES.

    ``(a) Establishment.--There is established within the Office an 
Office of Weed and Seed Strategies, headed by a Director appointed by 
the Attorney General.
    ``(b) Assistance.--The Director may assist States, units of local 
government, and neighborhood and community-based organizations in 
developing Weed and Seed strategies, as provided in section 104.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $60,000,000 for fiscal year 
2006, and such sums as may be necessary for each of fiscal years 2007, 
2008, and 2009, to remain available until expended.

``SEC. 104. WEED AND SEED STRATEGIES.

    ``(a) In General.--From amounts made available under section 
103(c), the Director of the Office of Weed and Seed Strategies may 
implement strategies, to be known as Weed and Seed strategies, to 
prevent, control, and reduce violent crime, criminal drug-related 
activity, and gang activity in designated Weed-and-Seed communities. 
Each such strategy shall involve both of the following activities:
            ``(1) Weeding.--Activities, to be known as Weeding 
        activities, which shall include promoting and coordinating a 
        broad spectrum of community efforts (especially those of law 
        enforcement agencies and prosecutors) to arrest, and to 
        sanction or incarcerate, persons in that community who 
        participate or engage in violent crime, criminal drug-related 
        activity, and other crimes that threaten the quality of life in 
        that community.
            ``(2) Seeding.--Activities, to be known as Seeding 
        activities, which shall include promoting and coordinating a 
        broad spectrum of community efforts (such as drug abuse 
        education, mentoring, and employment counseling) to provide--
                    ``(A) human services, relating to prevention, 
                intervention, or treatment, for at-risk individuals and 
                families; and
                    ``(B) community revitalization efforts, including 
                enforcement of building codes and development of the 
                economy.
    ``(b) Guidelines.--The Director shall issue guidelines for the 
development and implementation of Weed and Seed strategies under this 
section. The guidelines shall ensure that the Weed and Seed strategy 
for a community referred to in subsection (a) shall--
            ``(1) be planned and implemented through and under the 
        auspices of a steering committee, properly established in the 
        community, comprised of--
                    ``(A) in a voting capacity, representatives of--
                            ``(i) appropriate law enforcement agencies; 
                        and
                            ``(ii) other public and private agencies, 
                        and neighborhood and community-based 
                        organizations, interested in criminal justice 
                        and community-based development and 
                        revitalization in the community; and
                    ``(B) in a voting capacity, both--
                            ``(i) the Drug Enforcement Administration's 
                        special agent in charge for the jurisdiction 
                        encompassing the community; and
                            ``(ii) the United States Attorney for the 
                        District encompassing the community;
            ``(2) describe how law enforcement agencies, other public 
        and private agencies, neighborhood and community-based 
        organizations, and interested citizens are to cooperate in 
        implementing the strategy; and
            ``(3) incorporate a community-policing component that shall 
        serve as a bridge between the Weeding activities under 
        subsection (a)(1) and the Seeding activities under subsection 
        (a)(2).
    ``(c) Designation.--For a community to be designated as a Weed-and-
Seed community for purposes of subsection (a)--
            ``(1) the United States Attorney for the District 
        encompassing the community must certify to the Director that--
                    ``(A) the community suffers from consistently high 
                levels of crime or otherwise is appropriate for such 
                designation;
                    ``(B) the Weed and Seed strategy proposed, adopted, 
                or implemented by the steering committee has a high 
                probability of improving the criminal justice system 
                within the community and contains all the elements 
                required by the Director; and
                    ``(C) the steering committee is capable of 
                implementing the strategy appropriately; and
            ``(2) the community must agree to formulate a timely and 
        effective plan to independently sustain the strategy (or, at a 
        minimum, a majority of the best practices of the strategy) when 
        assistance under this section is no longer available.
    ``(d) Application.--An application for designation as a Weed-and-
Seed community for purposes of subsection (a) shall be submitted to the 
Director by the steering committee of the community in such form, and 
containing such information and assurances, as the Director may 
require. The application shall propose--
            ``(1) a sustainable Weed and Seed strategy that includes--
                    ``(A) the active involvement of the United States 
                Attorney for the District encompassing the community, 
                the Drug Enforcement Administration's special agent in 
                charge for the jurisdiction encompassing the community, 
                and other Federal law enforcement agencies operating in 
                the vicinity;
                    ``(B) a significant community-oriented policing 
                component; and
                    ``(C) demonstrated coordination with complementary 
                neighborhood and community-based programs and 
                initiatives; and
            ``(2) a methodology with outcome measures and specific 
        objective indicia of performance to be used to evaluate the 
        effectiveness of the strategy.
    ``(e) Grants.--
            ``(1) In general.--In implementing a strategy for a 
        community under subsection (a), the Director may make grants to 
        that community.
            ``(2) Uses.--For each grant under this subsection, the 
        community receiving that grant--
                    ``(A) shall use not less than 40 percent of the 
                grant amounts for Seeding activities under subsection 
                (a)(2); and
                    ``(B) may not use any of the grant amounts for 
                construction, except that the Assistant Attorney 
                General may authorize use of grant amounts for 
                incidental or minor construction, renovation, or 
                remodeling.
            ``(3) Limitations.--A community may not receive grants 
        under this subsection (or fall within such a community)--
                    ``(A) for a period of more than 10 fiscal years;
                    ``(B) for more than 5 separate fiscal years, except 
                that the Assistant Attorney General may, in single 
                increments and only upon a showing of extraordinary 
                circumstances, authorize grants for not more than 3 
                additional separate fiscal years; or
                    ``(C) in an aggregate amount of more than 
                $1,000,000, except that the Assistant Attorney General 
                may, upon a showing of extraordinary circumstances, 
                authorize grants for not more than an additional 
                $500,000.
            ``(4) Distribution.--In making grants under this 
        subsection, the Director shall ensure that--
                    ``(A) to the extent practicable, the distribution 
                of such grants is geographically equitable and includes 
                both urban and rural areas of varying population and 
                area; and
                    ``(B) priority is given to communities that clearly 
                and effectively coordinate crime prevention programs 
                with other Federal programs in a manner that addresses 
                the overall needs of such communities.
            ``(5) Federal share.--(A) Subject to subparagraph (B), the 
        Federal share of a grant under this subsection may not exceed 
        75 percent of the total costs of the projects described in the 
        application for which the grant was made.
            ``(B) The requirement of subparagraph (A)--
                    ``(i) may be satisfied in cash or in kind; and
                    ``(ii) may be waived by the Assistant Attorney 
                General upon a determination that the financial 
                circumstances affecting the applicant warrant a finding 
                that such a waiver is equitable.
            ``(6) Supplement, not supplant.--To receive a grant under 
        this subsection, the applicant must provide assurances that the 
        amounts received under the grant shall be used to supplement, 
        not supplant, non-Federal funds that would otherwise be 
        available for programs or services provided in the 
        community.''.
    (b) Abolishment of Executive Office of Weed and Seed; Transfers of 
Functions.--
            (1) Abolishment.--The Executive Office of Weed and Seed is 
        abolished.
            (2) Transfer.--There are hereby transferred to the Office 
        of Weed and Seed Strategies all functions and activities 
        performed immediately before the date of the enactment of this 
        Act by the Executive Office of Weed and Seed Strategies.
    (c) Effective Date.--This section and the amendments made by this 
section take effect 90 days after the date of the enactment of this 
Act.

                 Subtitle C--Assisting Victims of Crime

SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE OUTREACH 
                    SERVICES TO VICTIMS OF CRIME.

    Section 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(c)), as most recently amended by section 623 of the USA PATRIOT 
Act (Public Law 107-56; 115 Stat. 372), is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking the comma after ``Director'';
                    (B) in subparagraph (A), by striking ``and'' at the 
                end;
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
            ``(C) for nonprofit neighborhood and community-based victim 
        service organizations and coalitions to improve outreach and 
        services to victims of crime.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``paragraph (1)(A)'' and 
                        inserting ``paragraphs (1)(A) and (1)(C)'';
                            (ii) by striking ``and'' at the end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(C) not more than $10,000 shall be used for any single 
        grant under paragraph (1)(C).''.

SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES RELATING 
                    TO CRIME VICTIMS FUND.

    Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) 
is amended as follows:
            (1) Authority to accept gifts.--Subsection (b)(5) of such 
        section is amended by striking the period at the end and 
        inserting the following: ``, which the Director is hereby 
        authorized to accept for deposit into the Fund, except that the 
        Director is not hereby authorized to accept any such gift, 
        bequest, or donation that--
                    ``(A) attaches conditions inconsistent with 
                applicable laws or regulations; or
                    ``(B) is conditioned upon or would require the 
                expenditure of appropriated funds that are not 
                available to the Office for Victims of Crime.''.
            (2) Authority to replenish antiterrorism emergency 
        reserve.--Subsection (d)(5)(A) of such section is amended by 
        striking ``expended'' and inserting ``obligated''.
            (3) Authority to make grants to indian tribes for victim 
        assistance programs.--Subsection (g) of such section is 
        amended--
                    (A) in paragraph (1), by striking ``, acting 
                through the Director,'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
    ``(2) The Attorney General may use 5 percent of the funds available 
under subsection (d)(2) (prior to distribution) for grants to Indian 
tribes to establish child victim assistance programs, as 
appropriate.''.

SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE USED BY 
                    STATE FOR TRAINING PURPOSES.

    (a) Crime Victim Compensation.--Section 1403(a)(3) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended by inserting 
after ``may be used for'' the following: ``training purposes and''.
    (b) Crime Victim Assistance.--Section 1404(b)(3) of such Act (42 
U.S.C. 10603(b)(3)) is amended by inserting after ``may be used for'' 
the following: ``training purposes and''.

SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST 
                    WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS.

    (a) Clarification of Specific Purposes.--Section 2001(b) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg(b)) is amended in the matter preceding paragraph (1) by 
inserting after ``violent crimes against women'' the following: ``to 
develop and strengthen victim services in cases involving violent 
crimes against women''.
    (b) Clarification of State Grants.--Section 2007 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is 
amended--
            (1) in subsection (a), by striking ``to States'' and all 
        that follows through ``tribal governments'';
            (2) in subsection (c)(3)(A), by striking ``police'' and 
        inserting ``law enforcement''; and
            (3) in subsection (d)--
                    (A) in the second sentence, by inserting after 
                ``each application'' the following: ``submitted by a 
                State''; and
                    (B) in the third sentence, by striking ``An 
                application'' and inserting ``In addition, each 
                application submitted by a State or tribal 
                government''.
    (c) Change from Annual to Biennial Reporting.--Section 2009(b) of 
such Act (42 U.S.C. 3796gg-3) is amended by striking ``Not later than'' 
and all that follows through ``the Attorney General shall submit'' and 
inserting the following: ``Not later than one month after the end of 
each even-numbered fiscal year, the Attorney General shall submit''.

SEC. 225. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.

    (a) Stalking and Domestic Violence.--Section 40610 of the Violence 
Against Women Act of 1994 (title IV of the Violent Crime Control and 
Law Enforcement Act of 1994; 42 U.S.C. 14039) is amended by striking 
``The Attorney General shall submit to the Congress an annual report, 
beginning one year after the date of the enactment of this Act, that 
provides'' and inserting ``Each even-numbered fiscal year, the Attorney 
General shall submit to the Congress a biennial report that provides''.
    (b) Safe Havens for Children.--Section 1301(d)(1) of the Victims of 
Trafficking and Violence Protection Act of 2000 (42 U.S.C. 10420(d)(1)) 
is amended in the matter preceding subparagraph (A) by striking ``Not 
later than 1 year after the last day of the first fiscal year 
commencing on or after the date of the enactment of this Act, and not 
later than 180 days after the last day of each fiscal year 
thereafter,'' and inserting ``Not later than one month after the end of 
each even-numbered fiscal year,''.

                      Subtitle D--Preventing Crime

SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER FOR PURPOSES 
                    OF JUVENILE DRUG COURTS.

    Section 2953(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3797u-2(b)) is amended in the matter preceding 
paragraph (1) by striking ``an offense that'' and inserting ``a felony-
level offense that''.

SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS FOR DRUG 
                    COURTS.

    (a) Minimum Allocation Repealed.--Section 2957 of such Act (42 
U.S.C. 3797u-6) is amended by striking subsection (b).
    (b) Technical Assistance and Training.--Such section is further 
amended by adding at the end the following new subsection:
    ``(b) Technical Assistance and Training.--Unless one or more 
applications submitted by any State or unit of local government within 
such State (other than an Indian tribe) for a grant under this part has 
been funded in any fiscal year, such State, together with eligible 
applicants within such State, shall be provided targeted technical 
assistance and training by the Community Capacity Development Office to 
assist such State and such eligible applicants to successfully compete 
for future funding under this part.''.

SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS PROGRAM 
                    EXTENDED TO COURTS THAT SUPERVISE NON-OFFENDERS 
                    WITH SUBSTANCE ABUSE PROBLEMS.

    Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is amended 
by striking ``offenders with substance abuse problems'' and inserting 
``offenders, and other individuals under the jurisdiction of the court, 
with substance abuse problems''.

SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR 
                    LOCAL FACILITIES.

    Section 1904 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796ff-3) is amended by adding at the end the following 
new subsection:
    ``(d) Definition.--In this section, the term `jail-based substance 
abuse treatment program' means a course of individual and group 
activities, lasting for a period of not less than 3 months, in an area 
of a correctional facility set apart from the general population of the 
correctional facility, if those activities are--
            ``(1) directed at the substance abuse problems of the 
        prisoners; and
            ``(2) intended to develop the cognitive, behavioral, and 
        other skills of prisoners in order to address the substance 
        abuse and related problems of prisoners.''.

                       Subtitle E--Other Matters

SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.

    (a) Certain Programs That Are Exempt From Paying States Interest on 
Late Disbursements Also Exempted From Paying Charge to Treasury for 
Untimely Disbursements.--Section 204(f) of Public Law 107-273 (116 
Stat. 1776; 31 U.S.C. 6503 note) is amended--
            (1) by striking ``section 6503(d)'' and inserting 
        ``sections 3335(b) or 6503(d)''; and
            (2) by striking ``section 6503'' and inserting ``sections 
        3335(b) or 6503''.
    (b) Southwest Border Prosecutor Initiative Included Among Such 
Exempted Programs.--Section 204(f) of such Act is further amended by 
striking ``pursuant to section 501(a)'' and inserting ``pursuant to the 
Southwest Border Prosecutor Initiative (as carried out pursuant to 
paragraph (3) (117 Stat. 64) under the heading relating to Community 
Oriented Policing Services of the Department of Justice Appropriations 
Act, 2003 (title I of division B of Public Law 108-7), or as carried 
out pursuant to any subsequent authority) or section 501(a)''.
    (c) Funds Available for ATFE May Be Used for Aircraft, Boats, 
Ammunition, Firearms, Firearms Competitions, and Any Authorized 
Activity.--Section 530C(b) of title 28, United States Code, is amended 
by adding at the end the following new paragraph:
            ``(8) Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives.--Funds available to the Attorney General for the 
        Bureau of Alcohol, Tobacco, Firearms, and Explosives may be 
        used for the conduct of all its authorized activities.''.
    (d) Audits and Reports on ATFE Undercover Investigative 
Operations.--Section 102(b) of the Department of Justice and Related 
Agencies Appropriations Act, 1993 (28 U.S.C. 533 note), as in effect 
pursuant to section 815(d) of the Antiterrorism and Effective Death 
Penalty Act of 1996 (28 U.S.C. 533 note) shall apply with respect to 
the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the 
undercover investigative operations of the Bureau on the same basis as 
such section applies with respect to any other agency and the 
undercover investigative operations of such agency.

SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.

    (a) Coordinate and Support Office for Victims of Crime.--Section 
102 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3712) is amended in subsection (a)(5) by inserting after ``the 
Bureau of Justice Statistics,'' the following: ``the Office for Victims 
of Crime,''.
    (b) Setting Grant Conditions and Priorities.--Such section is 
further amended in subsection (a)(6) by inserting ``, including placing 
special conditions on all grants, and determining priority purposes for 
formula grants'' before the period at the end.

SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-OFFENDER 
                    REGISTRATION LAWS.

    (a) Compliance Period.--A State shall not be treated, for purposes 
of any provision of law, as having failed to comply with section 170101 
(42 U.S.C. 14071) or 170102 (42 U.S.C. 14072) of the Violent Crime 
Control and Law Enforcement Act of 1994 until 36 months after the date 
of the enactment of this Act, except that the Attorney General may 
grant an additional 24 months to a State that is making good faith 
efforts to comply with such sections.
    (b) Time for Registration of Current Address.--Subsection (a)(1)(B) 
of such section 170101 is amended by striking ``unless such requirement 
is terminated under'' and inserting ``for the time period specified 
in''.

SEC. 244. REPEAL OF CERTAIN PROGRAMS.

    (a) Safe Streets Act Programs.--The following provisions of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 are repealed:
            (1) Criminal justice facility construction pilot program.--
        Part F (42 U.S.C. 3769-3769d).
            (2) Matching grant program for school security.--Part AA 
        (42 U.S.C. 3797a-3797e).
    (b) Violent Crime Control and Law Enforcement Act Programs.--The 
following provisions of the Violent Crime Control and Law Enforcement 
Act of 1994 are repealed:
            (1) Local crime prevention block grant program.--Subtitle B 
        of title III (42 U.S.C. 13751-13758).
            (2) Assistance for delinquent and at-risk youth.--Subtitle 
        G of title III (42 U.S.C. 13801-13802).
            (3) Improved training and technical automation.--Subtitle E 
        of title XXI (42 U.S.C. 14151).
            (4) Other state and local aid.--Subtitle F of title XXI (42 
        U.S.C. 14161).

SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.

    Part H of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 is amended as follows:
            (1) Notice and hearing on denial or termination of grant.--
        Section 802 (42 U.S.C. 3783) of such part is amended--
                    (A) by striking subsections (b) and (c); and
                    (B) by striking ``(a)'' before ``Whenever,''.
            (2) Finality of determinations.--Section 803 (42 U.S.C. 
        3784) of such part is amended--
                    (A) by striking ``, after reasonable notice and 
                opportunity for a hearing,''; and
                    (B) by striking ``, except as otherwise provided 
                herein''.
            (3) Repeal of appellate court review.--Section 804 (42 
        U.S.C. 3785) of such part is repealed.

SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME CONTROL AND 
                    SAFE STREETS ACT OF 1968.

    Section 901 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3791) is amended as follows:
            (1) Indian tribe.--Subsection (a)(3)(C) of such section is 
        amended by striking ``(as that term is defined in section 103 
        of the Juvenile Justice and Delinquency Prevention Act of 1974 
        (42 U.S.C. 5603))''.
            (2) Combination.--Subsection (a)(5) of such section is 
        amended by striking ``program or project'' and inserting 
        ``program, plan, or project''.
            (3) Neighborhood or community-based organizations.--
        Subsection (a)(11) of such section is amended by striking 
        ``which'' and inserting ``, including faith-based, that''.
            (4) Indian tribe; private person.--Subsection (a) of such 
        section is further amended--
                    (A) in paragraph (24) by striking ``and'' at the 
                end;
                    (B) in paragraph (25) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(26) the term `Indian Tribe' has the meaning given the 
        term `Indian tribe' in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)); 
        and
            ``(27) the term `private person' means any individual 
        (including an individual acting in his official capacity) and 
        any private partnership, corporation, association, 
        organization, or entity (or any combination thereof).''.

SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO 
                    PRISONERS FOR HEALTH CARE ITEMS AND SERVICES.

    Section 4006 of title 18, United States Code, is amended--
            (1) in subsection (a) by inserting after ``The Attorney 
        General'' the following: ``or the Secretary of Homeland 
        Security, as applicable,''; and
            (2) in subsection (b)(1)--
                    (A) by striking ``the Immigration and 
                Naturalization Service'' and inserting ``the Department 
                of Homeland Security'';
                    (B) by striking ``shall not exceed the lesser of 
                the amount'' and inserting ``shall be the amount 
                billed, not to exceed the amount'';
                    (C) by striking ``items and services'' and all that 
                follows through ``the Medicare program'' and inserting 
                ``items and services under the Medicare program''; and
                    (D) by striking ``; or'' and all that follows 
                through the period at the end and inserting a period.

SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding after section 104, as 
added by section 211 of this Act, the following new section:

``SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office 
        an Office of Audit, Assessment, and Management, headed by a 
        Director appointed by the Attorney General. In carrying out the 
        functions of the Office, the Director shall be subject to the 
        authority, direction, and control of the Attorney General. Such 
        authority, direction, and control may be delegated only to the 
        Assistant Attorney General, without redelegation.
            ``(2) Purpose.--The purpose of the Office shall be to carry 
        out and coordinate performance audits of, take actions to 
        ensure compliance with the terms of, and manage information 
        with respect to, grants under programs covered by subsection 
        (b). The Director shall take special conditions of the grant 
        into account and consult with the office that issued those 
        conditions to ensure appropriate compliance.
            ``(3) Exclusivity.--The Office shall be the exclusive 
        element of the Department of Justice, other than the Inspector 
        General, performing functions and activities for the purpose 
        specified in paragraph (2). There are hereby transferred to the 
        Office all functions and activities, other than functions and 
        activities of the Inspector General, for such purpose performed 
        immediately before the date of the enactment of this Act by any 
        other element of the Department.
    ``(b) Covered Programs.--The programs referred to in subsection (a) 
are the following:
            ``(1) The program under part Q of this title.
            ``(2) Any grant program carried out by the Office of 
        Justice Programs.
            ``(3) Any other grant program carried out by the Department 
        of Justice that the Attorney General considers appropriate.
    ``(c) Performance Audits Required.--
            ``(1) In general.--The Director shall select grants awarded 
        under the programs covered by subsection (b) and carry out 
        performance audits on such grants. In selecting such grants, 
        the Director shall ensure that the aggregate amount awarded 
        under the grants so selected represent not less than 10 percent 
        of the aggregate amount of money awarded under all such grant 
        programs.
            ``(2) Relationship to nij evaluations.--This subsection 
        does not affect the authority or duty of the Director of the 
        National Institute of Justice to carry out overall evaluations 
        of programs covered by subsection (b), except that such 
        Director shall consult with the Director of the Office in 
        carrying out such evaluations.
            ``(3) Timing of performance audits.--The performance audit 
        required by paragraph (1) of a grant selected under paragraph 
        (1) shall be carried out--
                    ``(A) not later than the end of the grant period, 
                if the grant period is not more than 1 year; and
                    ``(B) at the end of each year of the grant period, 
                if the grant period is more than 1 year.
    ``(d) Compliance Actions Required.--The Director shall take such 
actions to ensure compliance with the terms of a grant as the Director 
considers appropriate with respect to each grant that the Director 
determines (in consultation with the head of the element of the 
Department of Justice concerned), through a performance audit under 
subsection (a) or other means, is not in compliance with such terms. In 
the case of a misuse of more than 1 percent of the grant amount 
concerned, the Director shall, in addition to any other action to 
ensure compliance that the Director considers appropriate, ensure that 
the entity responsible for such misuse ceases to receive any funds 
under any program covered by subsection (b) until such entity repays to 
the Attorney General an amount equal to the amounts misused. The 
Director may, in unusual circumstances, grant relief from this 
requirement to ensure that an innocent party is not punished.
    ``(e) Grant Management System.--The Director shall establish and 
maintain, in consultation with the chief information officer of the 
Office, a modern, automated system for managing all information 
relating to the grants made under the programs covered by subsection 
(b).
    ``(f) Availability of Funds.--Not to exceed 5 percent of all 
funding made available for a fiscal year for the programs covered by 
subsection (b) shall be reserved for the activities of the Office of 
Audit, Assessment, and Management as authorized by this section.''.
    (b) Effective Date.--This section and the amendment made by this 
section take effect 90 days after the date of the enactment of this 
Act.

SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding after section 105, as 
added by section 248 of this Act, the following new section:

``SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office a 
        Community Capacity Development Office, headed by a Director 
        appointed by the Attorney General. In carrying out the 
        functions of the Office, the Director shall be subject to the 
        authority, direction, and control of the Attorney General. Such 
        authority, direction, and control may be delegated only to the 
        Assistant Attorney General, without redelegation.
            ``(2) Purpose.--The purpose of the Office shall be to 
        provide training to actual and prospective participants under 
        programs covered by section 105(b) to assist such participants 
        in understanding the substantive and procedural requirements 
        for participating in such programs.
            ``(3) Exclusivity.--The Office shall be the exclusive 
        element of the Department of Justice performing functions and 
        activities for the purpose specified in paragraph (2). There 
        are hereby transferred to the Office all functions and 
        activities for such purpose performed immediately before the 
        date of the enactment of this Act by any other element of the 
        Department. This does not preclude a grant-making office from 
        providing specialized training and technical assistance in its 
        area of expertise.
    ``(b) Means.--The Director shall, in coordination with the heads of 
the other elements of the Department, carry out the purpose of the 
Office through the following means:
            ``(1) Promoting coordination of public and private efforts 
        and resources within or available to States, units of local 
        government, and neighborhood and community-based organizations.
            ``(2) Providing information, training, and technical 
        assistance.
            ``(3) Providing support for inter- and intra-agency task 
        forces and other agreements and for assessment of the 
        effectiveness of programs, projects, approaches, or practices.
            ``(4) Providing in the assessment of the effectiveness of 
        neighborhood and community-based law enforcement and crime 
        prevention strategies and techniques, in coordination with the 
        National Institute of Justice.
            ``(5) Any other similar means.
    ``(c) Locations.--Training referred to in subsection (a) shall be 
provided on a regional basis to groups of such participants. In a case 
in which remedial training is appropriate, as recommended by the 
Director or the head of any element of the Department, such training 
may be provided on a local basis to a single such participant.
    ``(d) Best Practices.--The Director shall--
            ``(1) identify grants under which clearly beneficial 
        outcomes were obtained, and the characteristics of those grants 
        that were responsible for obtaining those outcomes; and
            ``(2) incorporate those characteristics into the training 
        provided under this section.
    ``(e) Availability of Funds.--Not to exceed 5 percent of all 
funding made available for a fiscal year for the programs covered by 
section 105(b) shall be reserved for the activities of the Community 
Capacity Development Office as authorized by this section.''.
    (b) Effective Date.--This section and the amendment made by this 
section take effect 90 days after the date of the enactment of this 
Act.

SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding after section 106, as 
added by section 249 of this Act, the following new section:

``SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

    ``(a) Establishment.--There is established within the Office an 
Office of Applied Law Enforcement Technology, headed by a Director 
appointed by the Attorney General. The purpose of the Office shall be 
to provide leadership and focus to those grants of the Department of 
Justice that are made for the purpose of using or improving law 
enforcement computer systems.
    ``(b) Duties.--In carrying out the purpose of the Office, the 
Director shall--
            ``(1) establish clear minimum standards for computer 
        systems that can be purchased using amounts awarded under such 
        grants; and
            ``(2) ensure that recipients of such grants use such 
        systems to participate in crime reporting programs administered 
        by the Department.''.
    (b) Effective Date.--This section and the amendment made by this 
section take effect 90 days after the date of the enactment of this 
Act.

SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS.

    (a) In General.--Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding after section 107, as 
added by section 250 of this Act, the following new section:

``SEC. 108. AVAILABILITY OF FUNDS.

    ``(a) Period for Awarding Grant Funds.--
            ``(1) In general.--Unless otherwise specifically provided 
        in an authorization, DOJ grant funds for a fiscal year shall 
        remain available to be awarded and distributed to a grantee 
        only in that fiscal year and the three succeeding fiscal years, 
        subject to paragraphs (2) and (3). DOJ grant funds not so 
        awarded and distributed shall revert to the Treasury.
            ``(2) Treatment of reprogrammed funds.--DOJ grant funds for 
        a fiscal year that are reprogrammed in a later fiscal year 
        shall be treated for purposes of paragraph (1) as DOJ grant 
        funds for such later fiscal year.
            ``(3) Treatment of deobligated funds.--If DOJ grant funds 
        were obligated and then deobligated, the period of availability 
        that applies to those grant funds under paragraph (1) shall be 
        extended by a number of days equal to the number of days from 
        the date on which those grant funds were obligated to the date 
        on which those grant funds were deobligated.
    ``(b) Period for Expending Grant Funds.--DOJ grant funds for a 
fiscal year that have been awarded and distributed to a grantee may be 
expended by that grantee only in the period permitted under the terms 
of the grant. DOJ grant funds not so expended shall revert to the 
Treasury.
    ``(c) Definition.--In this section, the term `DOJ grant funds' 
means, for a fiscal year, amounts appropriated for activities of the 
Department of Justice in carrying out grant programs for that fiscal 
year.
    ``(d) Applicability.--This section applies to DOJ grant funds for 
fiscal years beginning with fiscal year 2006.''.
    (b) Effective Date.--This section and the amendment made by this 
section take effect 90 days after the date of the enactment of this 
Act.

SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS OF OFFICE OF 
                    JUSTICE PROGRAMS.

    (a) Consolidation of Accounting Activities and Procurement 
Activities.--The Assistant Attorney General of the Office of Justice 
Programs shall ensure that--
            (1) all accounting activities for all elements of the 
        Office of Justice Programs are carried out under the direct 
        management of the Office of the Comptroller; and
            (2) all procurement activities for all elements of the 
        Office are carried out under the direct management of the 
        Office of Administration.
    (b) Further Consolidation of Procurement Activities.--The Assistant 
Attorney General shall ensure that, on and after September 30, 2008--
            (1) all procurement activities for all elements of the 
        Office are carried out through a single management office; and
            (2) all contracts and purchase orders used in carrying out 
        those activities are processed through a single procurement 
        system.
    (c) Consolidation of Financial Management Systems.--The Assistant 
Attorney General shall ensure that, on and after September 30, 2010, 
all financial management activities (including human resources, 
payroll, and accounting activities, as well as procurement activities) 
of all elements of the Office are carried out through a single 
financial management system.
    (d) Achieving Compliance.--
            (1) Schedule.--The Assistant Attorney General shall 
        undertake a scheduled consolidation of operations to achieve 
        compliance with the requirements of this section.
            (2) Specific requirements.--With respect to achieving 
        compliance with the requirements of--
                    (A) subsection (a), the consolidation of operations 
                shall be initiated not later than 90 days after the 
                date of the enactment of this Act; and
                    (B) subsections (b) and (c), the consolidation of 
                operations shall be initiated not later than September 
                30, 2005, and shall be carried out by the Office of 
                Administration, in consultation with the Chief 
                Information Officer and the Office of Audit, 
                Assessment, and Management.

SEC. 253. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE GRANT 
                    PROGRAM.

    (a) In General.--Section 1701 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Grant Authorization.--The Attorney General shall carry out a 
single grant program under which the Attorney General makes grants to 
States, units of local government, Indian tribal governments, other 
public and private entities, and multi-jurisdictional or regional 
consortia for the purposes described in subsection (b).'';
            (2) by striking subsections (b) and (c);
            (3) by redesignating subsection (d) as subsection (b), and 
        in that subsection--
                    (A) by striking ``Additional Grant Projects.--
                Grants made under subsection (a) may include programs, 
                projects, and other activities to--'' and inserting 
                ``Uses of Grant Amounts.--The purposes for which grants 
                made under subsection (a) may be made are--'';
                    (B) by redesignating paragraphs (1) through (12) as 
                paragraphs (6) through (17), respectively;
                    (C) by inserting before paragraph (6) (as so 
                redesignated) the following new paragraphs:
            ``(1) rehire law enforcement officers who have been laid 
        off as a result of State and local budget reductions for 
        deployment in community-oriented policing;
            ``(2) hire and train new, additional career law enforcement 
        officers for deployment in community-oriented policing across 
        the Nation;
            ``(3) procure equipment, technology, or support systems, or 
        pay overtime, to increase the number of officers deployed in 
        community-oriented policing;
            ``(4) improve security at schools and on school grounds in 
        the jurisdiction of the grantee through--
                    ``(A) placement and use of metal detectors, locks, 
                lighting, and other deterrent measures;
                    ``(B) security assessments;
                    ``(C) security training of personnel and students;
                    ``(D) coordination with local law enforcement; and
                    ``(E) any other measure that, in the determination 
                of the Attorney General, may provide a significant 
                improvement in security;
            ``(5) award grants to pay for offices hired to perform 
        intelligence, anti-terror, or homeland security duties;''; and
                    (D) by amending paragraph (9) (as so redesignated) 
                to read as follows:
            ``(9) develop new technologies, including interoperable 
        communications technologies, modernized criminal record 
        technology, and forensic technology, to assist State and local 
        law enforcement agencies in reorienting the emphasis of their 
        activities from reacting to crime to preventing crime and to 
        train law enforcement officers to use such technologies;'';
            (4) by redesignating subsections (e) through (k) as 
        subsections (c) through (i), respectively;
            (5) in subsection (c) (as so redesignated) by striking 
        ``subsection (i)'' and inserting ``subsection (g)''; and
            (6) by adding at the end the following new subsection:
    ``(j) Matching Funds for School Security Grants.--Notwithstanding 
subsection (i), in the case of a grant under subsection (a) for the 
purposes described in subsection (b)(4)--
            ``(1) the portion of the costs of a program provided by 
        that grant may not exceed 50 percent;
            ``(2) any funds appropriated by Congress for the activities 
        of any agency of an Indian tribal government or the Bureau of 
        Indian Affairs performing law enforcement functions on any 
        Indian lands may be used to provide the non-Federal share of a 
        matching requirement funded under this subsection; and
            ``(3) the Attorney General may provide, in the guidelines 
        implementing this section, for the requirement of paragraph (1) 
        to be waived or altered in the case of a recipient with a 
        financial need for such a waiver or alteration.''.
    (b) Conforming Amendment.--Section 1702 of title I of such Act (42 
U.S.C. 3796dd-1) is amended in subsection (d)(2) by striking ``section 
1701(d)'' and inserting ``section 1701(b)''.
    (c) Authorization of Appropriations.--Section 1001(a)(11) of title 
I of such Act (42 U.S.C. 3793(a)(11)) is amended--
            (1) in subparagraph (A) by striking ``expended--'' and all 
        that follows through ``2000'' and inserting ``expended 
        $1,047,119,000 for each of fiscal years 2006 through 2009''; 
        and
            (2) in subparagraph (B)--
                    (A) by striking ``section 1701(f)'' and inserting 
                ``section 1701(d)''; and
                    (B) by striking the third sentence.

SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS UNDER PUBLIC 
                    SAFETY OFFICERS' DEATH BENEFITS PROGRAMS.

    (a) Persons Eligible for Death Benefits.--Section 1204 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b), 
as most recently amended by section 2(a) of the Mychal Judge Police and 
Fire Chaplains Public Safety Officers' Benefit Act of 2002 (Public Law 
107-196; 116 Stat. 719), is amended--
            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (8) and (9), respectively;
            (2) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) `member of a rescue squad or ambulance crew' means an 
        officially recognized or designated public employee member of a 
        rescue squad or ambulance crew;''; and
            (3) in paragraph (4) by striking ``and'' and all that 
        follows through the end and inserting a semicolon.
    (b) Clarification of Limitation on Payments in Non-Civilian 
Cases.--Section 1202(5) of such Act (42 U.S.C. 3796a(5)) is amended by 
inserting ``with respect'' before ``to any individual''.
    (c) Waiver of Collection in Certain Cases.--Section 1201 of such 
Act (42 U.S.C. 3796) is amended by adding at the end the following:
    ``(m) In any case in which the Bureau paid, before the date of the 
enactment of Public Law 107-196, any benefit under this part to an 
individual who--
            ``(1) before the enactment of that law was entitled to 
        receive that benefit; and
            ``(2) by reason of the retroactive effective date of that 
        law is no longer entitled to receive that benefit,
the Bureau may suspend or end activities to collect that benefit if the 
Bureau determines that collecting that benefit is impractical or would 
cause undue hardship to that individual.''.
    (d) Designation of Beneficiary.--Section 1201(a)(4) of such Act (42 
U.S.C. 3796(a)(4)) is amended to read as follows:
            ``(4) if there is no surviving spouse or surviving child--
                    ``(A) in the case of a claim made on or after the 
                date that is 90 days after the date of the enactment of 
                this subparagraph, to the individual designated by such 
                officer as beneficiary under this section in such 
                officer's most recently executed designation of 
                beneficiary on file at the time of death with such 
                officer's public safety agency, organization, or unit, 
                provided that such individual survived such officer; or
                    ``(B) if there is no individual qualifying under 
                subparagraph (A), to the individual designated by such 
                officer as beneficiary under such officer's most 
                recently executed life insurance policy, provided that 
                such individual survived such officer; or''.

SEC. 255. PRE-RELEASE AND POST-RELEASE PROGRAMS FOR JUVENILE OFFENDERS.

    Section 1801(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796ee(b)) is amended--
            (1) in paragraph (15) by striking ``or'' at the end;
            (2) in paragraph (16) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(17) establishing, improving, and coordinating pre-
        release and post-release systems and programs to facilitate the 
        successful reentry of juvenile offenders from State or local 
        custody in the community.''.

SEC. 256. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANTS.

    Section 1810(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg-10(a)) is amended by striking ``2002 through 
2005'' and inserting ``2006 through 2009''.

SEC. 257. SEX OFFENDER MANAGEMENT.

    Section 40152 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 258. EVIDENCE-BASED APPROACHES.

    Section 1802 of the Omnibus Crime Control and Safe Streets Act of 
1968 is amended--
            (1) in subsection (a)(1)(B) by inserting ``, including the 
        extent to which evidence-based approaches are utilized'' after 
        ``part''; and
            (2) in subsection (b)(1)(A)(ii) by inserting ``, including 
        the extent to which evidence-based approaches are utilized'' 
        after ``part''.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107-56.

    (a) Striking Surplus Words.--
            (1) Section 2703(c)(1) of title 18, United States Code, is 
        amended by striking ``or'' at the end of subparagraph (C).
            (2) Section 1960(b)(1)(C) of title 18, United States Code, 
        is amended by striking ``to be used to be used'' and inserting 
        ``to be used''.
    (b) Punctuation and Grammar Corrections.--Section 2516(1)(q) of 
title 18, United States Code, is amended--
            (1) by striking the semicolon after the first close 
        parenthesis; and
            (2) by striking ``sections'' and inserting ``section''.
    (c) Cross Reference Correction.--Section 322 of Public Law 107-56 
is amended, effective on the date of the enactment of that section, by 
striking ``title 18'' and inserting ``title 28''.
    (d) Capitalization Correction.--Subsections (a) and (b) of section 
2703 of title 18, United States Code, are each amended by striking 
``Contents of wire or electronic'' and inserting ``Contents of Wire or 
Electronic''.

SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS.

    (a) Table of Sections Omission.--The table of sections at the 
beginning of chapter 203 of title 18, United States Code, is amended by 
inserting after the item relating to section 3050 the following new 
item:

``3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, 
Firearms, and Explosives.''.
    (b) Repeal of Duplicative Program.--Section 316 of Part A of the 
Runaway and Homeless Youth Act (42 U.S.C. 5712d), as added by section 
40155 of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322; 108 Stat. 1922), is repealed.

SEC. 303. USE OF FEDERAL TRAINING FACILITIES.

    (a) Federal Training Facilities.--Unless specifically authorized in 
writing by the Attorney General, the Department of Justice (and each 
entity within it) shall use for any predominately internal training or 
conference meeting only a facility that does not require a payment to a 
private entity for use of the facility.
    (b) Annual Report.--The Attorney General shall prepare an annual 
report to the Chairmen and ranking minority members of the Committees 
on the Judiciary of the Senate and of the House of Representatives that 
details each training and conference meeting that requires specific 
authorization under subsection (a). The report shall include an 
explanation of why the facility was chosen, and a breakdown of any 
expenditures incurred in excess of the cost of conducting the training 
or meeting at a facility that did not require such authorization.

SEC. 304. PRIVACY OFFICER.

    (a) In General.--The Attorney General shall designate a senior 
official in the Department of Justice to assume primary responsibility 
for privacy policy.
    (b) Responsibilities.--The responsibilities of such official shall 
include--
            (1) assuring that the use of technologies sustain, and do 
        not erode, privacy protections relating to the use, collection, 
        and disclosure of personally identifiable information;
            (2) assuring that personally identifiable information 
        contained in systems of records is handled in full compliance 
        with fair information practices as set out in section 552a of 
        title 5, United States Code;
            (3) evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personally 
        identifiable information by the Federal Government;
            (4) conducting a privacy impact assessment of proposed 
        rules of the Department on the privacy of personally 
        identifiable information, including the type of personally 
        identifiable information collected and the number of people 
        affected;
            (5) preparing a report to Congress on an annual basis on 
        activities of the Department that affect privacy, including 
        complaints of privacy violations, implementation of section 
        552a of title 5, United States Code, internal controls, and 
        other relevant matters;
            (6) ensuring that the Department protects personally 
        identifiable information and information systems from 
        unauthorized access, use, disclosure, disruption, modification, 
        or destruction in order to provide--
                    (A) integrity, which means guarding against 
                improper information modification or destruction, and 
                includes ensuring information nonrepudiation and 
                authenticity;
                    (B) confidentially, which means preserving 
                authorized restrictions on access and disclosure, 
                including means for protecting personal privacy and 
                proprietary information;
                    (C) availability, which means ensuring timely and 
                reliable access to and use of that information; and
                    (D) authentication, which means utilizing digital 
                credentials to assure the identity of users and 
                validate their access; and
            (7) advising the Attorney General and the Director of the 
        Office of Management and Budget on information security and 
        privacy issues pertaining to Federal Government information 
        systems.
    (c) Review.--The Department of Justice shall review its policies to 
assure that the Department treats personally identifiable information 
in its databases in a manner that complies with applicable Federal law 
on privacy.

SEC. 305. BANKRUPTCY CRIMES.

    The Director of the Executive Office for United States Trustees 
shall prepare an annual report to the Congress detailing--
            (1) the number and types of criminal referrals made by the 
        United States Trustee Program;
            (2) the outcomes of each criminal referral;
            (3) for any year in which the number of criminal referrals 
        is less than for the prior year, an explanation of the 
        decrease; and
            (4) the United States Trustee Program's efforts to prevent 
        bankruptcy fraud and abuse, particularly with respect to the 
        establishment of uniform internal controls to detect common, 
        higher risk frauds, such as a debtor's failure to disclose all 
        assets.

SEC. 306. REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR 
                    RESIDENTS DETAINED ON SUSPICION OF TERRORISM.

    Not less often than once every 12 months, the Attorney General 
shall submit to Congress a report on the status of United States 
persons or residents detained, as of the date of the report, on 
suspicion of terrorism. The report shall--
            (1) specify the number of persons or residents so detained; 
        and
            (2) specify the standards developed by the Department of 
        Justice for recommending or determining that a person should be 
        tried as a criminal defendant or should be designated as an 
        enemy combatant.

SEC. 307. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL 
                    ABUSE OFFENSES IN CORRECTIONAL FACILITIES.

    (a) Expanded Jurisdiction.--The following provisions of title 18, 
United States Code, are each amended by inserting ``or in the custody 
of the Attorney General or the Bureau of Prisons or any institution or 
facility in which the person is confined by direction of the Attorney 
General,'' after ``in a Federal prison,'':
            (1) Subsections (a) and (b) of section 2241.
            (2) The first sentence of subsection (c) of section 2241.
            (3) Section 2242.
            (4) Subsections (a) and (b) of section 2243.
            (5) Subsections (a) and (b) of section 2244.
    (b) Increased Penalties.--
            (1) Sexual abuse of a ward.--Section 2243(b) of such title 
        is amended by striking ``one year'' and inserting ``five 
        years''.
            (2) Abusive sexual contact.--Section 2244 of such title is 
        amended by striking ``six months'' and inserting ``two years'' 
        in each of subsections (a)(4) and (b).

SEC. 308. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN CORRECTIONAL 
                    FACILITIES.

    Section 1791(a) of title 18, United States Code, is amended in each 
of paragraphs (1) and (2) by inserting ``or an individual in the 
custody of the Attorney General or the Bureau of Prisons or any 
institution or facility in which the person is confined by direction of 
the Attorney General'' after ``an inmate of a prison''.

SEC. 309. MAGISTRATE JUDGE'S AUTHORITY TO CONTINUE PRELIMINARY HEARING.

    The second sentence of section 3060(c) of title 18, United States 
Code, is amended to read as follows: ``In the absence of such consent 
of the accused, the judge or magistrate judge may extend the time 
limits only on a showing that extraordinary circumstances exist and 
justice requires the delay.''.

SEC. 310. TECHNICAL CORRECTIONS RELATING TO STEROIDS.

    Section 102(41)(A) of the Controlled Substances Act (21 U.S.C. 
802(41)(A)), as amended by the Anabolic Steroid Control Act of 2004 
(Public law 108-358), is amended by--
            (1) striking clause (xvii) and inserting the following:
            ``(xvii) 13b-ethyl-17b-hydroxygon-4-en-3-one;''; and
            (2) striking clause (xliv) and inserting the following:
            ``(xliv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
        eno[3,2-c]-pyrazole);''.

SEC. 311. PRISON RAPE COMMISSION EXTENSION.

    Section 7 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 
15606) is amended in subsection (d)(3)(A) by striking ``2 years'' and 
inserting ``3 years''.

SEC. 312. LONGER STATUTE OF LIMITATION FOR HUMAN TRAFFICKING-RELATED 
                    OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following new section:

``Sec. 3298. Trafficking-related offenses

    ``No person shall be prosecuted, tried, or punished for any non-
capital offense or conspiracy to commit a non-capital offense under 
section 1581 (Peonage; Obstructing Enforcement), 1583 (Enticement into 
Slavery), 1584 (Sale into Involuntary Servitude), 1589 (Forced Labor), 
1590 (Trafficking with Respect to Peonage, Slavery, Involuntary 
Servitude, or Forced Labor), or 1592 (Unlawful Conduct with Respect to 
Documents in furtherance of Trafficking, Peonage, Slavery, Involuntary 
Servitude, or Forced Labor) of this title or under section 274(a) of 
the Immigration and Nationality Act unless the indictment is found or 
the information is instituted not later than 10 years after the 
commission of the offense.''.
    (b) Clerical amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``3298. Trafficking-related offenses.''.
    (c) Modification of Statute Applicable to Offense Against 
Children.--Section 3283 of title 18, United States Code, is amended by 
inserting ``, or for ten years after the offense, whichever is longer'' 
after ``of the child''.

SEC. 313. USE OF CENTER FOR CRIMINAL JUSTICE TECHNOLOGY.

    (a) In General.--The Attorney General may use the services of the 
Center for Criminal Justice Technology, a nonprofit ``center of 
excellence'' that provides technology assistance and expertise to the 
criminal justice community.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section the 
following amounts, to remain available until expended:
            (1) $7,500,000 for fiscal year 2006;
            (2) $7,500,000 for fiscal year 2007; and
            (3) $10,000,000 for fiscal year 2008.

SEC. 314. SEARCH GRANTS.

    (a) In General.--Pursuant to subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968, the Attorney 
General may make grants to SEARCH, the National Consortium for Justice 
Information and Statistics, to carry out the operations of the National 
Technical Assistance and Training Program.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$2,000,000 for each of fiscal years 2006 through 2009.

SEC. 315. REAUTHORIZATION OF LAW ENFORCEMENT TRIBUTE ACT.

    Section 11001 of Public Law 107-273 (42 U.S.C. 15208; 116 Stat. 
1816) is amended in subsection (i) by striking ``2006'' and inserting 
``2009''.

SEC. 316. AMENDMENT REGARDING BULLYING AND GANGS.

    Paragraph (13) of section 1801(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amended to read as 
follows:
            ``(13) establishing and maintaining accountability-based 
        programs that are designed to enhance school safety, which 
        programs may include reseach-based bullying and gang prevention 
        programs;''.

SEC. 317. TRANSFER OF PROVISIONS RELATING TO THE BUREAU OF ALCOHOL, 
                    TOBACCO, FIREARMS, AND EXPLOSIVES.

    (a) Organizational Provision.--Part II of title 28, United States 
Code, is amended by adding at the end the following new chapter:

  ``CHAPTER 40A--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES

``Sec.
``599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
``599B. Personnel management demonstration project.''.

    (b) Transfer of Provisions.--The section heading for, and 
subsections (a), (b), (c)(1), and (c)(3) of, section 1111, and section 
1115, of the Homeland Security Act of 2002 (6 U.S.C. 531(a), (b), 
(c)(1), and (c)(3), and 533) are hereby transferred to, and added at 
the end of chapter 40A of such title, as added by subsection (a) of 
this section.
    (c) Conforming Amendments.--
            (1) Such section 1111 is amended--
                    (A) by striking the section heading and inserting 
                the following:

``Sec. 599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives''

                ; and
                    (B) in subsection (b)(2), by inserting ``of section 
                1111 of the Homeland Security Act of 2002 (as enacted 
                on the date of the enactment of such Act)'' after 
                ``subsection (c)'',
        and such section heading and such subsections (as so amended) 
        shall constitute section 599A of such title.
            (2) Such section 1115 is amended by striking the section 
        heading and inserting the following:

``Sec. 599B. Personnel management demonstration project'',

        and such section (as so amended) shall constitute section 599B 
        of such title.
    (d) Clerical Amendment.--The chapter analysis for such part is 
amended by adding at the end the following new item:

``40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives.    599A''.

SEC. 318. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND TRAINING 
                    PROJECTS PROGRAM.

    Section 32401(b) of the Violent Crime Control Act of 1994 (42 
U.S.C. 13921(b)) is amended by striking paragraphs (1) through (6) and 
inserting the following:
            ``(1) $20,000,000 for fiscal year 2006;
            ``(2) $20,000,000 for fiscal year 2007;
            ``(3) $20,000,000 for fiscal year 2008;
            ``(4) $20,000,000 for fiscal year 2009; and
            ``(5) $20,000,000 for fiscal year 2010.''.

SEC. 319. NATIONAL TRAINING CENTER.

    (a) In General.--The Attorney General may use the services of the 
National Training Center in Sioux City, Iowa, to utilize a national 
approach to bring communities and criminal justice agencies together to 
receive training to control the growing national problem of 
methamphetamine, poly drugs and their associated crimes. The National 
Training Center in Sioux City, Iowa, seeks a comprehensive approach to 
control and reduce methamphetamine trafficking, production and usage 
through training.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section the 
following amounts, to remain available until expended:
            (1) $2,500,000 for fiscal year 2006.
            (2) $3,000,000 for fiscal year 2007.
            (3) $3,000,000 for fiscal year 2008.
            (4) $3,000,000 for fiscal year 2009.

SEC. 320. SENSE OF CONGRESS RELATING TO ``GOOD TIME'' RELEASE.

    It is the sense of Congress that it is important to study the 
concept of implementing a ``good time'' release program for non-violent 
criminals in the Federal prison system.

SEC. 321. POLICE BADGES.

    Section 716 of title 18, United States Code, is amended--
            (1) in subsection (b), by inserting ``is a genuine police 
        badge and'' after ``that the badge''; and
            (2) by adding at the end the following:
    ``(d) It is a defense to a prosecution under this section that the 
badge is a counterfeit police badge and is used or is intended to be 
used exclusively--
            ``(1) for a dramatic presentation, such as a theatrical, 
        film, or television production; or
            ``(2) for legitimate law enforcement purposes.''.

SEC. 322. OFFICIALLY APPROVED POSTAGE.

    Section 475 of title 18, United States Code, is amended by adding 
at the end the following: ``Nothing in this section applies to evidence 
of postage payment approved by the United States Postal Service.''.

      TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005

SEC. 401. SHORT TITLE.

    Titles IV through X of this Act may be cited as the ``Violence 
Against Women Reauthorization Act of 2005''.

SEC. 402. DEFINITIONS AND REQUIREMENTS FOR PROGRAMS RELATING TO 
                    VIOLENCE AGAINST WOMEN.

    Part T of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended by inserting before section 2001 (42 U.S.C. 3796gg) the 
following new sections:

``SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING TO VIOLENCE AGAINST 
                    WOMEN ARE GENDER-NEUTRAL.

    ``In this part, and in any other Act of Congress, unless the 
context unequivocally requires otherwise, a provision authorizing or 
requiring the Department of Justice to make grants, or to carry out 
other activities, for assistance to victims of domestic violence, 
dating violence, stalking, sexual assault, or trafficking in persons, 
shall be construed to cover grants that provide assistance to female 
victims, male victims, or both.

``SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION CARRIED OUT BY 
                    VIOLENCE AGAINST WOMEN OFFICE.

    ``(a) In General.--In this part, and in any violence against women 
provision, unless the context unequivocally requires otherwise, the 
following definitions apply:
            ``(1) Courts.--The term `courts' means any civil or 
        criminal, tribal, and Alaskan Village, Federal, State, local or 
        territorial court having jurisdiction to address domestic 
        violence, dating violence, sexual assault or stalking, 
        including immigration, family, juvenile, and dependency courts, 
        and the judicial officers serving in those courts, including 
        judges, magistrate judges, commissioners, justices of the 
        peace, or any other person with decisionmaking authority.
            ``(2) Child maltreatment.--The term `child maltreatment' 
        means the physical or psychological abuse or neglect of a child 
        or youth, including sexual assault and abuse.
            ``(3) Community-based organization.--The term `community-
        based organization' means an organization that--
                    ``(A) focuses primarily on domestic violence, 
                dating violence, sexual assault, or stalking;
                    ``(B) has established a specialized culturally 
                specific program that addresses domestic violence, 
                dating violence, sexual assault, or stalking;
                    ``(C) has a primary focus on underserved 
                populations (and includes representatives of these 
                populations) and domestic violence, dating violence, 
                sexual assault, or stalking; or
                    ``(D) obtains expertise, or shows demonstrated 
                capacity to work effectively, on domestic violence, 
                dating violence, sexual assault, and stalking through 
                collaboration.
            ``(4) Court-based and court-related personnel.--The term 
        `court-based' and `court-related personnel' mean persons 
        working in the court, whether paid or volunteer, including--
                    ``(A) clerks, special masters, domestic relations 
                officers, administrators, mediators, custody 
                evaluators, guardians ad litem, lawyers, negotiators, 
                probation, parole, interpreters, victim assistants, 
                victim advocates, and judicial, administrative, or any 
                other professionals or personnel similarly involved in 
                the legal process;
                    ``(B) court security personnel;
                    ``(C) personnel working in related, supplementary 
                offices or programs (such as child support 
                enforcement); and
                    ``(D) any other court-based or community-based 
                personnel having responsibilities or authority to 
                address domestic violence, dating violence, sexual 
                assault, or stalking in the court system.
            ``(5) Domestic violence.--The term `domestic violence' 
        includes felony or misdemeanor crimes of violence committed by 
        a current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabitating with or has cohabitated with the victim as a 
        spouse, by a person similarly situated to a spouse of the 
        victim under the domestic or family violence laws of the 
        jurisdiction receiving grant monies, or by any other person 
        against an adult, youth, or minor victim who is protected from 
        that person's acts under the domestic or family violence laws 
        of the jurisdiction receiving grant monies.
            ``(6) Dating partner.--The term `dating partner' refers to 
        a person who is or has been in an ongoing social relationship 
        of a romantic or intimate nature with the abuser, and existence 
        of such a relationship based on a consideration of--
                    ``(A) the length of the relationship;
                    ``(B) the type of relationship; and
                    ``(C) the frequency of interaction between the 
                persons involved in the relationship.
            ``(7) Dating violence.--The term `dating violence' means 
        violence committed by a person--
                    ``(A) who is or has been in an ongoing social 
                relationship of a romantic or intimate nature with the 
                victim; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of the 
                following factors:
                            ``(i) The length of the relationship.
                            ``(ii) The type of relationship.
                            ``(iii) The frequency of interaction 
                        between the persons involved in the 
                        relationship.
            ``(8) Elder abuse.--The term `elder abuse' means any action 
        against a person who is 60 years of age or older that 
        constitutes the willful--
                    ``(A) infliction of injury, unreasonable 
                confinement, intimidation, or cruel punishment with 
                resulting physical harm, pain, or mental anguish; or
                    ``(B) deprivation by a person, including a 
                caregiver, of goods or services that are necessary to 
                avoid physical harm, mental anguish, or mental illness.
            ``(9) Indian.--The term `Indian' means a member of an 
        Indian tribe.
            ``(10) Indian housing.--The term `Indian housing' means 
        housing assistance described in the Native American Assistance 
        and Self-Determination Act of (25 U.S.C. 4101 et seq., as 
        amended).
            ``(11) Indian tribe.--The term `Indian tribe' means a 
        tribe, band, pueblo, nation, or other organized group or 
        community of Indians, including any Alaska Native village or 
        regional or village corporation (as defined in, or established 
        pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 
        1601 et seq.)), that is recognized as eligible for the special 
        programs and services provided by the United States to Indians 
        because of their status as Indians.
            ``(12) Indian law enforcement.--The term `Indian law 
        enforcement' means the departments or individuals under the 
        direction of the Indian tribe that maintain public order.
            ``(13) Law enforcement.--The term `law enforcement' means a 
        public agency charged with policing functions, including any of 
        its component bureaus (such as governmental victim services 
        programs), including those referred to in section 3 of the 
        Indian Enforcement Reform Act (25 U.S.C. 2802).
            ``(14) Legal assistance.--The term `legal assistance'--
                    ``(A) includes assistance to adult, youth, and 
                minor victims of domestic violence, dating violence, 
                sexual assault, and stalking in--
                            ``(i) family, tribal, territorial, 
                        immigration, employment, administrative agency, 
                        housing matters, campus administrative or 
                        protection or stay away order proceedings, and 
                        other similar matters; and
                            ``(ii) criminal justice investigations, 
                        prosecutions and post-trial matters (including 
                        sentencing, parole, and probation) that impact 
                        the victim's safety and privacy, subject to 
                        subparagraph (B); and
                    ``(B) does not include representation of a 
                defendant in a criminal or juvenile proceeding.
            ``(15) Linguistically and culturally specific services.--
        The term `linguistically and culturally specific services' 
        means community-based services that offer full linguistic 
        access and culturally specific services and resources, 
        including outreach, collaboration, and support mechanisms 
        primarily directed toward racial and ethnic populations and 
        other underserved communities.
            ``(16) Personally identifying information or personal 
        information.--The term `personally identifying information' or 
        `personal information' means individually identifying 
        information for or about an individual including information 
        likely to disclose the location of a victim of domestic 
        violence, dating violence, sexual assault, or stalking, 
        including--
                    ``(A) a first and last name;
                    ``(B) a home or other physical address;
                    ``(C) contact information (including a postal, e-
                mail or Internet protocol address, or telephone or 
                facsimile number);
                    ``(D) a social security number; and
                    ``(E) any other information, including date of 
                birth, racial or ethnic background, or religious 
                affiliation, that, in combination with any of 
                subparagraphs (A) through (D), would serve to identify 
                any individual.
            ``(17) Prosecution.--The term `prosecution' means any 
        public agency charged with direct responsibility for 
        prosecuting criminal offenders, including such agency's 
        component bureaus (such as governmental victim services 
        programs).
            ``(18) Protection order or restraining order.--The term 
        `protection order' or `restraining order' includes--
                    ``(A) any injunction, restraining order, or any 
                other order issued by a civil or criminal court for the 
                purpose of preventing violent or threatening acts or 
                harassment against, sexual violence or contact or 
                communication with or physical proximity to, another 
                person, including any temporary or final orders issued 
                by civil or criminal courts whether obtained by filing 
                an independent action or as a pendente lite order in 
                another proceeding so long as any civil order was 
                issued in response to a complaint, petition, or motion 
                filed by or on behalf of a person seeking protection; 
                and
                    ``(B) any support, child custody or visitation 
                provisions, orders, remedies, or relief issued as part 
                of a protection order, restraining order, or stay away 
                injunction pursuant to State, tribal, territorial, or 
                local law authorizing the issuance of protection 
                orders, restraining orders, or injunctions for the 
                protection of victims of domestic violence, dating 
                violence, sexual assault, or stalking.
            ``(19) Rural area and rural community.--The terms `rural 
        area' and `rural community' mean--
                    ``(A) any area or community, respectively, no part 
                of which is within an area designated as a standard 
                metropolitan statistical area by the Office of 
                Management and Budget; or
                    ``(B) any area or community, respectively, that 
                is--
                            ``(i) within an area designated as a 
                        metropolitan statistical area or considered as 
                        part of a metropolitan statistical area; and
                            ``(ii) located in a rural census tract.
            ``(20) Rural state.--The term `rural State' means a State 
        that has a population density of 52 or fewer persons per square 
        mile or a State in which the largest county has fewer than 
        150,000 people, based on the most recent decennial census.
            ``(21) Sexual assault.--The term `sexual assault' means any 
        conduct prescribed by chapter 109A of title 18, United States 
        Code, whether or not the conduct occurs in the special maritime 
        and territorial jurisdiction of the United States or in a 
        Federal prison and includes both assaults committed by 
        offenders who are strangers to the victim and assaults 
        committed by offenders who are known or related by blood or 
        marriage to the victim.
            ``(22) Stalking.--The term `stalking' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to--
                    ``(A) fear for his or her safety or the safety of 
                others; or
                    ``(B) suffer substantial emotional distress.
            ``(23) State.--The term `State' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and except as otherwise provided, Guam, American Samoa, 
        the Virgin Islands, and the Northern Mariana Islands.
            ``(24) State domestic violence coalition.--The term `State 
        domestic violence coalition' means a program determined by the 
        Administration for Children and Families under the Family 
        Violence Prevention and Services Act (42 U.S.C. 10410(b)).
            ``(25) State sexual assault coalition.--The term `State 
        sexual assault coalition' means a program determined by the 
        Center for Injury Prevention and Control of the Centers for 
        Disease Control and Prevention under the Public Health Service 
        Act (42 U.S.C. 280b et seq.).
            ``(26) Territorial domestic violence or sexual assault 
        coalition.--The term `territorial domestic violence or sexual 
        assault coalition' means a program addressing domestic violence 
        that is--
                    ``(A) an established nonprofit, nongovernmental 
                territorial coalition addressing domestic violence or 
                sexual assault within the territory; or
                    ``(B) a nongovernmental organization with a 
                demonstrated history of addressing domestic violence or 
                sexual assault within the territory that proposes to 
                incorporate as a nonprofit, nongovernmental territorial 
                coalition.
            ``(27) Tribal coalition.--The term `tribal coalition' 
        means--
                    ``(A) an established nonprofit, nongovernmental 
                tribal coalition addressing domestic violence and 
                sexual assault against American Indian and Alaskan 
                Native women; or
                    ``(B) individuals or organizations that propose to 
                incorporate as nonprofit, nongovernmental tribal 
                coalitions to address domestic violence and sexual 
                assault against American Indian and Alaskan Native 
                women.
            ``(28) Tribal government.--The term `tribal government' 
        means--
                    ``(A) the governing body of an Indian tribe; or
                    ``(B) a tribe, band, pueblo, nation, or other 
                organized group or community of Indians, including any 
                Alaska Native village or regional or village 
                corporation (as defined in, or established pursuant to, 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.)), that is recognized as eligible for the 
                special programs and services provided by the United 
                States to Indians because of their status as Indians.
            ``(29) Tribal organization.--The term `tribal organization' 
        means--
                    ``(A) the governing body of any Indian tribe;
                    ``(B) any legally established organization of 
                Indians which is controlled, sanctioned, or chartered 
                by such governing body of a tribe or tribes to be 
                served, or which is democratically elected by the adult 
                members of the Indian community to be served by such 
                organization and which includes the maximum 
                participation of Indians in all phases of its 
                activities; or
                    ``(C) any tribal nonprofit organization.
            ``(30) Underserved populations.--The term `underserved 
        populations' includes populations underserved because of 
        geographic location, underserved racial and ethnic populations, 
        populations underserved because of special needs (such as 
        language barriers, disabilities, alienage status, or age), and 
        any other population determined to be underserved by the 
        Attorney General.
            ``(31) Victim advocate.--The term `victim advocate' means a 
        person, whether paid or serving as a volunteer, who provides 
        services to victims of domestic violence, sexual assault, 
        stalking, or dating violence under the auspices or supervision 
        of a victim services program.
            ``(32) Victim assistant.--The term `victim assistant' means 
        a person, whether paid or serving as a volunteer, who provides 
        services to victims of domestic violence, sexual assault, 
        stalking, or dating violence under the auspices or supervision 
        of a court or a law enforcement or prosecution agency.
            ``(33) Victim services or victim service provider.--The 
        term `victim services' or `victim service provider' means a 
        nonprofit, nongovernmental organization that assists domestic 
        violence, dating violence, sexual assault, or stalking victims, 
        including rape crisis centers, domestic violence shelters, 
        faith-based organizations, and other organizations, with a 
        documented history of effective work, or a demonstrated 
        capacity to work effectively in collaboration with an 
        organization with a documented history of effective work, 
        concerning domestic violence, dating violence, sexual assault, 
        or stalking.
            ``(34) Youth.--The term `youth' means teen and young adult 
        victims of domestic violence, dating violence, sexual assault, 
        or stalking.
    ``(b) Violence Against Women Provision.--In this section, the term 
`violence against women provision' means any provision required by law 
to be carried out by or through the Violence Against Women Office.

``SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT PROGRAM CARRIED OUT 
                    BY VIOLENCE AGAINST WOMEN OFFICE.

    ``(a) In General.--In carrying out grants under this part, and in 
carrying out grants under any other violence against women grant 
program, the Director of the Violence Against Women Office shall ensure 
each of the following:
            ``(1) Nondisclosure of confidential or private 
        information.--
                    ``(A) In general.--In order to ensure the safety of 
                adult, youth, and minor victims of domestic violence, 
                dating violence, sexual assault, or stalking, and their 
                families, each grantee and subgrantee shall reasonably 
                protect the confidentiality and privacy of persons 
                receiving services.
                    ``(B) Nondisclosure.--Subject to subparagraph (C), 
                grantees and subgrantees shall not--
                            ``(i) disclose any personally identifying 
                        information or individual information collected 
                        in connection with services requested, 
                        utilized, or denied through grantees' and 
                        subgrantees' programs; or
                            ``(ii) reveal individual client information 
                        without the informed, written, reasonably time-
                        limited consent of the person (or in the case 
                        of an unemancipated minor, the minor and the 
                        parent or guardian or in the case of persons 
                        with disabilities, the guardian) about whom 
                        information is sought, whether for this program 
                        or any other Federal, State, tribal, or 
                        territorial grant program.
                    ``(C) Release.--If release of information described 
                in subparagraph (B) is compelled by statutory or court 
                mandate or is requested by a Member of Congress--
                            ``(i) grantees and subgrantees shall make 
                        reasonable attempts to provide notice to 
                        victims affected by the disclosure of 
                        information; and
                            ``(ii) grantees and subgrantees shall take 
                        steps necessary to protect the privacy and 
                        safety of the persons affected by the release 
                        of the information.
                    ``(D) Information sharing.--Grantees and 
                subgrantees may share--
                            ``(i) nonpersonally identifying data in the 
                        aggregate regarding services to their clients 
                        and nonpersonally identifying demographic 
                        information in order to comply with Federal, 
                        State, tribal, or territorial reporting, 
                        evaluation, or data collection requirements; 
                        and
                            ``(ii) court-generated information and law-
                        enforcement generated information contained in 
                        secure, governmental registries for 
                        investigation, prosecution, and enforcement 
                        purposes.
            ``(2) Approved activities.--In carrying out activities 
        under the grant program, grantees and subgrantees may 
        collaborate with and provide information to Federal, State, 
        local, tribal, and territorial public officials and agencies to 
        develop and implement policies to reduce or eliminate domestic 
        violence, dating violence, sexual assault, and stalking.
            ``(3) Non-supplantation.--Any Federal funds received under 
        the grant program shall be used to supplement, not supplant, 
        non-Federal funds that would otherwise be available for the 
        activities carried out under the grant.
            ``(4) Use of funds.--Funds authorized and appropriated 
        under the grant program may be used only for the specific 
        purposes described in the grant program and shall remain 
        available until expended.
            ``(5) Evaluation.--Grantees must collect data for use to 
        evaluate the effectiveness of the program (or for use to carry 
        out related research), pursuant to the requirements described 
        in paragraph (1)(D).
            ``(6) Prohibition on lobbying.--Any funds appropriated for 
        the grant program shall be subject to the prohibition in 
        section 1913 of title 18, United States Code, relating to 
        lobbying with appropriated moneys.
            ``(7) Prohibition on tort litigation.--Funds appropriated 
        for the grant program may not be used to fund civil 
        representation in a lawsuit based on a tort claim. This 
        paragraph shall not be construed as a prohibition on providing 
        assistance to obtain restitution in a protection order or 
        criminal case.
    ``(b) Violence Against Women Grant Program.--In this section, the 
term `violence against women grant program' means any grant program 
required by law to be carried out by or through the Violence Against 
Women Office.''.

    TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                                VIOLENCE

SEC. 501. STOP GRANTS IMPROVEMENTS.

    (a) Authorization of Appropriations.--Section 1001(a)(18) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(8)) is amended by striking ``$185,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$215,000,000 for each of 
fiscal years 2006 through 2010''.
    (b) Purpose Area Enhancements.--Section 2001(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg(b)) is amended--
            (1) by striking ``, and specifically, for the purposes of--
        '' and inserting ``, including collaborating with and informing 
        public officials and agencies in order to develop and implement 
        policies to reduce or eliminate domestic violence, dating 
        violence, sexual assault, and stalking, and specifically only 
        for the purposes of--'';
            (2) in paragraph (5), by inserting after ``protection 
        orders are granted,'' the following: ``supporting nonprofit 
        nongovernmental victim services programs and tribal 
        organizations in working with public officials and agencies to 
        develop and implement policies, rules, and procedures in order 
        to reduce or eliminate domestic violence, dating violence, 
        sexual assault, and stalking,'';
            (3) in paragraph (10), by striking ``and'' after the 
        semicolon; and
            (4) by adding at the end the following:
            ``(12) maintaining core victim services and criminal 
        justice initiatives, while supporting complementary new 
        initiatives and emergency services for victims and their 
        families; and
            ``(13) supporting the placement of special victim 
        assistants (to be known as `Jessica Gonzales Victim 
        Assistants') in local law enforcement agencies to serve as 
        liaisons between victims of domestic violence, dating violence, 
        sexual assault, and stalking and personnel in local law 
        enforcement agencies in order to improve the enforcement of 
        protection orders. Jessica Gonzales Victim Assistants shall 
        have expertise in domestic violence, dating violence, sexual 
        assault, or stalking and may undertake the following 
        activities--
                    ``(A) developing, in collaboration with 
                prosecutors, courts, and victim service providers, 
                standardized response policies for local law 
                enforcement agencies, including triage protocols to 
                ensure that dangerous or potentially lethal cases are 
                identified and prioritized;
                    ``(B) notifying persons seeking enforcement of 
                protection orders as to what responses will be provided 
                by the relevant law enforcement agency;
                    ``(C) referring persons seeking enforcement of 
                protection orders to supplementary services (such as 
                emergency shelter programs, hotlines, or legal 
                assistance services); and
                    ``(D) taking other appropriate action to assist or 
                secure the safety of the person seeking enforcement of 
                a protection order.''.
    (c) Clarification of Activities Regarding Underserved 
Populations.--Section 2007 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended--
            (1) in subsection (c)(2), by inserting before the semicolon 
        the following: ``and describe how the State will address the 
        needs of racial and ethnic minorities and other underserved 
        populations''; and
            (2) in subsection (e)(2), by striking subparagraph (D) and 
        inserting the following:
                    ``(D) recognize and meaningfully respond to the 
                needs of racial and ethnic and other underserved 
                populations and ensure that monies set aside to fund 
                services and activities for racial and ethnic and other 
                underserved populations are distributed equitably among 
                those populations.''.
    (d) Tribal and Territorial Setasides.--Section 2007 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1), as 
amended by subsection (c), is further amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``5 percent'' and 
                inserting ``10 percent'';
                    (B) in paragraph (2), by striking ``\1/54\'' and 
                inserting ``\1/56\'';
                    (C) in paragraph (3), by striking ``and the 
                coalition for the combined Territories of the United 
                States, each receiving an amount equal to \1/54\'' and 
                inserting ``Guam, American Samoa, the United States 
                Virgin Islands, and the Commonwealth of the Northern 
                Mariana Islands, each receiving an amount equal to \1/
                56\'';
                    (D) in paragraph (4), by striking ``\1/54\'' and 
                inserting ``\1/56\'';
                    (E) in paragraph (5), by striking ``and'' after the 
                semicolon;
                    (F) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                    (G) by adding at the end:
            ``(7) such funds shall remain available until expended.'';
            (2) in subsection (c)(3)(B), by inserting after ``victim 
        services'' the following: ``, of which at least 10 percent 
        shall be distributed to culturally specific community-based 
        organizations''; and
            (3) in subsection (d)--
                    (A) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) a memorandum of understanding showing that tribal, 
        territorial, State, or local prosecution, law enforcement, and 
        court and victim service provider subgrantees have consulted 
        with tribal, territorial, State, or local victim services 
        programs during the course of developing their grant 
        applications in order to ensure that proposed services, 
        activities and equipment acquisitions are designed to promote 
        the safety, confidentiality, and economic independence of 
        victims of domestic violence, sexual assault, stalking, and 
        dating violence.''.
    (e) Training, Technical Assistance, and Data Collection.--Section 
2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg-1), as amended by this section, is further amended by 
adding at the end the following:
    ``(i) Training, Technical Assistance, and Data Collection.--
            ``(1) In general.--Of the total amounts appropriated under 
        this part, not less than 3 percent and up to 8 percent shall be 
        available for providing training, technical assistance, and 
        data collection relating to the purpose areas of this part to 
        improve the capacity of grantees, subgrantees, and other 
        entities to offer services and assistance to victims of 
        domestic violence, sexual assault, stalking, and dating 
        violence.
            ``(2) Indian training.--The Director of the Violence 
        Against Women Office shall ensure that training, technical 
        assistance, and data collection regarding violence against 
        Indian women will be developed and provided by entities having 
        expertise in tribal law and culture.
    ``(j) Limits on Internet Publication of Registration Information.--
As a condition of receiving grant amounts under this part, the 
recipient shall not make available publicly on the Internet any 
information regarding the registration or filing of a protection order, 
restraining order, or injunction in either the issuing or enforcing 
State, tribal, or territorial jurisdiction, if such publication would 
be likely to publicly reveal the identity or location of the party 
protected under such order. A State, Indian tribe, or territory may 
share court-generated law enforcement generated information contained 
in secure, governmental registries for protection order enforcement 
purposes.''.
    (f) Availability of Forensic Medical Exams.--Section 2010 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4) 
is amended by adding at the end the following:
    ``(c) Use of Funds.--A State or Indian tribal government may use 
Federal grant funds under this part to pay for forensic medical exams 
performed by trained examiners for victims of sexual assault, except 
that such funds may not be used to pay for forensic medical exams by 
any State or Indian tribal government that requires victims of sexual 
assault to seek reimbursement for such exams from their insurance 
carriers.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to permit a State to require a victim of sexual assault to 
participate in the criminal justice system or cooperate with law 
enforcement in order to be provided with a forensic medical exam, 
reimbursement for charges incurred on account of such an exam, or 
both.''.
    (g) Polygraph Testing Prohibition.--Part T of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 
amended by adding at the end the following new section:

``SEC. 2012. POLYGRAPH TESTING PROHIBITION.

    ``In order to be eligible for grants under this part, a State, 
Indian tribal government, or unit of local government must certify 
within three years of enactment of the Violence Against Women 
Reauthorization Act of 2005 that their laws, policies, or practices 
ensure that no law enforcement officer, prosecuting officer, or other 
government official shall ask or require an adult, youth, or minor 
victim of a sex offense as defined under Federal, tribal, State, 
territorial or local law to submit to a polygraph examination or 
similar truth-telling device or method as a condition for proceeding 
with the investigation, charging or prosecution of such an offense. A 
victim's refusal to submit to the aforementioned shall not prevent the 
investigation, charging or prosecution of the pending case.''.
    (h) No Matching Requirement.--Part T of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is further 
amended by adding at the end the following new section:

``SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN GRANTEES.

    ``No matching funds shall be required for a grant or subgrant made 
under this part, if made--
            ``(1) to a law enforcement agency having fewer than 20 
        officers;
            ``(2) to a victim service provider having an annual 
        operating budget of less than $5,000,000; or
            ``(3) to any entity that the Attorney General determines 
        has adequately demonstrated financial need.''.

SEC. 502. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS 
                    IMPROVEMENTS.

    (a) Authorization of Appropriations.--Section 1001(a)(19) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(19)) is amended by striking ``$65,000,000 for each of fiscal 
years 2001 through 2005.'' and inserting ``$65,000,000 for each of 
fiscal years 2006 through 2010. Funds appropriated under this paragraph 
shall remain available until expended.''.
    (b) Grantee Requirements.--Section 2101 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
            (1) in subsection (a), by striking ``to treat domestic 
        violence as a serious violation'' and inserting ``to treat 
        domestic violence, dating violence, sexual assault, and 
        stalking as serious violations'';
            (2) in subsection (b)--
                    (A) in the matter before paragraph (1), by 
                inserting after ``State'' the following: ``, tribal, 
                territorial,'';
                    (B) in paragraph (1), by striking ``mandatory 
                arrest or'';
                    (C) in paragraph (2), by--
                            (i) inserting after ``educational 
                        programs,'' the following: ``protection order 
                        registries,'';
                            (ii) striking ``domestic violence and 
                        dating violence.'' and inserting ``domestic 
                        violence, dating violence, sexual assault, and 
                        stalking. Such policies, educational programs, 
                        registries, and training shall incorporate 
                        confidentiality and privacy protections for 
                        victims of domestic violence, dating violence, 
                        sexual assault, and stalking.'';
                    (D) in paragraph (3), by--
                            (i) striking ``domestic violence cases'' 
                        and inserting ``domestic violence, dating 
                        violence, sexual assault, and stalking cases''; 
                        and
                            (ii) striking ``groups'' and inserting 
                        ``teams'';
                    (E) in paragraph (5), by striking ``domestic 
                violence and dating violence'' and inserting ``domestic 
                violence, dating violence, sexual assault, and 
                stalking'';
                    (F) in paragraph (6), by--
                            (i) striking ``other'' and inserting 
                        ``civil''; and
                            (ii) inserting after ``domestic violence'' 
                        the following: ``, dating violence, sexual 
                        assault, and stalking''; and
                    (G) by adding at the end the following:
            ``(9) To enhance and support the capacity of victims 
        services programs to collaborate with and inform efforts by 
        State and local jurisdictions and public officials and agencies 
        to develop best practices and policies regarding arrest of 
        domestic violence, dating violence, sexual assault, and 
        stalking offenders and to strengthen protection order 
        enforcement and to reduce or eliminate domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(10) To develop State, tribal, territorial, or local 
        policies, procedures, and protocols for preventing dual arrests 
        and prosecutions in cases of domestic violence, dating 
        violence, sexual assault, and stalking and to develop effective 
        methods for identifying the pattern and history of abuse that 
        indicates which party is the actual perpetrator of abuse.
            ``(11) To plan, develop and establish comprehensive victim 
        service and support centers, such as family justice centers, 
        designed to bring together victim advocates from non-profit, 
        non-governmental victim services organizations, law enforcement 
        officers, prosecutors, probation officers, governmental victim 
        assistants, forensic medical professionals, civil legal 
        attorneys, chaplains, legal advocates, representatives from 
        community-based organizations and other relevant public or 
        private agencies or organizations into one centralized 
        location, in order to improve safety, access to services, and 
        confidentiality for victims and families.
            ``(12) To develop and implement policies and training for 
        police, prosecutors, and the judiciary in recognizing, 
        investigating, and prosecuting instances of sexual assault, 
        with an emphasis on recognizing the threat to the community for 
        repeat crime perpetration by such individuals.'';
            (3) in subsection (c)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) certify within three years of enactment of the 
        Violence Against Women Reauthorization Act of 2005 that their 
        laws, policies, or practices ensure that--
                    ``(A) no law enforcement officer, prosecuting 
                officer or other government official shall ask or 
                require an adult, youth, or minor victim of a sex 
                offense as defined under Federal, tribal, State, 
                territorial, or local law to submit to a polygraph 
                examination or other truth telling device as a 
                condition for proceeding with the investigation, 
                charging or prosecution of such an offense; and
                    ``(B) the refusal of a victim to submit to an 
                examination described in subparagraph (A) shall not 
                prevent the investigation, charging or prosecution of 
                the offense.''; and
            (4) by striking subsections (d) and (e) and inserting the 
        following:
    ``(d) Allotment for Indian Tribes.--Not less than 10 percent of the 
total amount made available for grants under this section for each 
fiscal year shall be available for grants to Indian tribal 
governments.''.
    (c) Applications.--Section 2102(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(b)) is amended in each of 
paragraphs (1) and (2) by inserting after ``involving domestic 
violence'' the following: ``, dating violence, sexual assault, or 
stalking''.
    (d) Training, Technical Assistance, and Data Collection.--Part U of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796hh et seq.) is amended by adding at the end the following:

``SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.

    ``Of the total amounts appropriated under this part, not less than 
5 percent and up to 8 percent shall be available for providing 
training, technical assistance, and data collection relating to the 
purpose areas of this part to improve the capacity of grantees, 
subgrantees, and other entities to offer services and assistance to 
victims of domestic violence and dating violence.''.

SEC. 503. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.

    Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 
3796gg-6) is amended--
            (1) in subsection (a), by--
                    (A) inserting before ``legal assistance'' the 
                following: ``civil and criminal'';
                    (B) inserting after ``effective aid to'' the 
                following: ``adult, youth, and minor''; and
                    (C) striking ``domestic violence, dating violence, 
                stalking, or sexual assault'' and inserting ``domestic 
                violence, dating violence, sexual assault, or 
                stalking'';
            (2) in subsection (c), by striking ``private nonprofit 
        entities, Indian tribal governments,'' and inserting 
        ``nonprofit, nongovernmental organizations, Indian tribal 
        governments and tribal organizations, territorial 
        organizations,'';
            (3) in each of paragraphs (1), (2), and (3) of subsection 
        (c), by striking ``victims of domestic violence, stalking, and 
        sexual assault'' and inserting ``victims of domestic violence, 
        dating violence, sexual assault, and stalking'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``domestic 
                violence, dating violence, or sexual assault'' and 
                inserting ``domestic violence, dating violence, sexual 
                assault, or stalking''; and
                    (B) by striking paragraphs (2) and (3) and 
                inserting the following:
            ``(2) any training program conducted in satisfaction of the 
        requirement of paragraph (1) has been or will be developed with 
        input from and in collaboration with a tribal, State, 
        territorial, or local domestic violence, dating violence, 
        sexual assault or stalking organization or coalition, as well 
        as appropriate tribal, State, territorial, and local law 
        enforcement officials;
            ``(3) any person or organization providing legal assistance 
        through a program funded under subsection (c) has informed and 
        will continue to inform tribal, State, territorial, or local 
        domestic violence, dating violence, sexual assault or stalking 
        organizations and coalitions, as well as appropriate tribal, 
        State, territorial, and local law enforcement officials of 
        their work; and''; and
            (5) in subsection (f)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $55,000,000 for each of fiscal years 
        2006 through 2010. Funds appropriated under this section shall 
        remain available until expended and may be used only for the 
        specific programs and activities described in this section. 
        Funds appropriated under this section may not be used for 
        advocacy.''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by--
                                    (I) striking ``5 percent'' and 
                                inserting ``10 percent'';
                                    (II) striking ``programs'' and 
                                inserting ``tribal governments or 
                                tribal organizations'';
                                    (III) inserting ``adult, youth, and 
                                minor'' after ``that assist''; and
                                    (IV) striking ``domestic violence, 
                                dating violence, stalking, and sexual 
                                assault'' and inserting ``domestic 
                                violence, dating violence, sexual 
                                assault, and stalking''; and
                            (ii) in subparagraph (B), by striking 
                        ``technical assistance to support projects 
                        focused solely or primarily on providing legal 
                        assistance to victims of sexual assault'' and 
                        inserting ``technical assistance in civil and 
                        crime victim matters to adult, youth, and minor 
                        victims of sexual assault''.

SEC. 504. COURT TRAINING AND IMPROVEMENTS.

    The Violence Against Women Act of 1994 is amended by adding after 
subtitle I (42 U.S.C. 14042) the following:

      ``Subtitle J--Violence Against Women Act Court Training and 
                              Improvements

``SEC. 41001. SHORT TITLE.

    ``This subtitle may be cited as the `Violence Against Women Act 
Court Training and Improvements Act of 2005'.

``SEC. 41002. GRANTS FOR COURT TRAINING AND IMPROVEMENTS.

    ``(a) Purpose.--The purpose of this section is to enable the 
Attorney General, though the Director of the Office on Violence Against 
Women, to award grants to improve court responses to adult, youth, and 
minor domestic violence, dating violence, sexual assault, and stalking 
to be used for the following purposes--
            ``(1) improved internal civil and criminal court functions, 
        responses, practices, and procedures;
            ``(2) education for court-based and court-related personnel 
        on issues relating to victims' needs, including safety, 
        security, privacy, confidentiality and economic independence, 
        as well as information about perpetrator behavior and best 
        practices for holding perpetrators accountable;
            ``(3) collaboration and training with Federal, State, and 
        local public agencies and officials and nonprofit, non-
        governmental organizations to improve implementation and 
        enforcement of relevant Federal, State, tribal, territorial and 
        local law;
            ``(4) to enable courts or court-based or court-related 
        programs to develop new or enhance current--
                    ``(A) court infrastructure (such as specialized 
                courts, dockets, intake centers, or interpreter 
                services and linguistically and culturally specific 
                services, or a court system dedicated to the 
                adjudication of domestic violence cases);
                    ``(B) community-based initiatives within the court 
                system (such as court watch programs, victim advocates, 
                or community-based supplementary services);
                    ``(C) offender management, monitoring, and 
                accountability programs;
                    ``(D) safe and confidential information-storage and 
                -sharing databases within and between court systems;
                    ``(E) education and outreach programs (such as 
                interpreters) to improve community access, including 
                enhanced access for racial and ethnic communities and 
                racial and ethnic and other underserved populations (as 
                defined in section 2000B of the Omnibus Crime Control 
                and Safe Streets Act of 1968); and
                    ``(F) other projects likely to improve court 
                responses to domestic violence, dating violence, sexual 
                assault, and stalking; and
            ``(5) to provide training, technical assistance, and data 
        collection to tribal, Federal, State, territorial or local 
        courts wishing to improve their practices and procedures or to 
        develop new programs.
            ``(6) to provide training for specialized service 
        providers, such as interpreters.
    ``(b) Grant Requirements.--Grants awarded under this section shall 
be subject to the following conditions:
            ``(1) Eligible grantees.--Eligible grantees may include--
                    ``(A) tribal, Federal, State, territorial or local 
                courts or court-based programs, provided that the 
                court's internal organizational policies, procedures, 
                or rules do not require mediation or counseling between 
                offenders and victims physically together in cases 
                where domestic violence, dating violence, sexual 
                assault, or stalking is an issue; and
                    ``(B) national, tribal, State, or local private, 
                nonprofit organizations with demonstrated expertise in 
                developing and providing judicial education about 
                domestic violence, dating violence, sexual assault, or 
                stalking.
            ``(2) Conditions of eligibility for certain grants.--
                    ``(A) Court programs.--To be eligible for a grant 
                under subsection (a)(4), applicants shall certify in 
                writing that any courts or court-based personnel 
                working directly with or making decisions about adult, 
                youth, or minor parties experiencing domestic violence, 
                dating violence, sexual assault, and stalking have 
                completed or will complete education about domestic 
                violence, dating violence, sexual assault, and 
                stalking.
                    ``(B) Education programs.--To be eligible for a 
                grant under subsection (a)(2), applicants shall certify 
                in writing that any education program developed under 
                subsection (a)(2) has been or will be developed with 
                significant input from and in collaboration with a 
                national, tribal, State, territorial, or local victim 
                services provider or coalition.
    ``(c) Evaluation.--
            ``(1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women, may evaluate 
        the grants funded under this section.
            ``(2) Tribal grantees.--Evaluation of tribal grantees under 
        this section shall be conducted by entities with expertise in 
        Federal Indian law and tribal court practice.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $4,000,000 for each of fiscal years 
        2006 to 2010.
            ``(2) Set aside.--Of the amounts made available under this 
        section in each fiscal year, not less than 10 percent shall be 
        used for grants to tribes.

``SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CURRICULA.

    ``(a) National Curricula.--
            ``(1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women, shall fund 
        efforts to develop a national education curriculum for use by 
        State and national judicial educators to ensure that all courts 
        and court personnel have access to information about relevant 
        Federal, State, territorial, or local law, promising practices, 
        procedures, and policies regarding court responses to adult, 
        youth, and minor domestic violence, dating violence, sexual 
        assault, and stalking.
            ``(2) Eligible entities.--Any curricula developed under 
        this subsection--
                    ``(A) shall be developed by an entity or entities 
                having demonstrated expertise in developing judicial 
                education curricula on issues relating to domestic 
                violence, dating violence, sexual assault, and 
                stalking; or
                    ``(B) if the primary grantee does not have 
                demonstrated expertise such issues, the curricula shall 
                be developed by the primary grantee in partnership with 
                an organization having such expertise.
    ``(b) Tribal Curricula.--
            ``(1) In general.--The Attorney General, through the Office 
        on Violence Against Women, shall fund efforts to develop 
        education curricula for tribal court judges to ensure that all 
        tribal courts have relevant information about promising 
        practices, procedures, policies, and law regarding tribal court 
        responses to adult, youth, and minor domestic violence, dating 
        violence, sexual assault, and stalking.
            ``(2) Eligible entities.--Any curricula developed under 
        this subsection--
                    ``(A) shall be developed by a tribal organization 
                having demonstrated expertise in developing judicial 
                education curricula on issues relating to domestic 
                violence, dating violence, sexual assault, and 
                stalking; and
                    ``(B) if the primary grantee does not have such 
                expertise, the curricula shall be developed by the 
                primary grantee through partnership with organizations 
                having such expertise.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $1,000,000 for each of fiscal years 
        2006 to 2010.
            ``(2) Availability.--Funds appropriated under this section 
        shall remain available until expended and may only be used for 
        the specific programs and activities described in this section.
            ``(3) Set aside.--Of the amounts made available under this 
        section in each fiscal year, not less than 10 percent shall be 
        used for grants to tribes.

``SEC. 41004. ACCESS TO JUSTICE FOR TEENS.

    ``(a) Purpose.--It is the purpose of this section to encourage 
cross training and collaboration between the courts, domestic violence 
and sexual assault service providers, youth organizations and service 
providers, violence prevention programs, and law enforcement agencies, 
so that communities can establish and implement policies, procedures, 
and practices to protect and more comprehensively and effectively serve 
youth victims of dating violence, domestic violence, sexual assault, 
and stalking between the ages of 12 and 24, and to engage, where 
necessary, other entities addressing the safety, health, mental health, 
social service, housing, and economic needs of youth victims of 
domestic violence, dating violence, sexual assault, and stalking.
    ``(b) Grant Authority.--
            ``(1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women (in this 
        section referred to as the `Director'), shall make grants to 
        eligible entities to enable entities to jointly carry out cross 
        training and other collaborative initiatives that seek to carry 
        out the purposes of this section. Amounts appropriated under 
        this section may only be used for programs and activities 
        described under subsection (c).
            ``(2) Grant periods.--Grants shall be awarded under this 
        section for a period of 3 fiscal years.
            ``(3) Eligible entities.--To be eligible for a grant under 
        this section, a grant applicant shall establish a collaboration 
        that shall include--
                    ``(A) a Tribal, State, Territorial or local 
                juvenile, family, civil, criminal or other trial court 
                with jurisdiction over domestic violence, dating 
                violence, sexual assault or stalking cases (hereinafter 
                referred to as ``courts''); and
                    ``(B) a victim service provider that has experience 
                in working on domestic violence, dating violence, 
                sexual assault, or stalking and the effect that those 
                forms of abuse have on young people.
    ``(c) Uses of Funds.--An entity that receives a grant under this 
section shall use the funds made available through the grant for cross-
training and collaborative efforts to--
            ``(1) assess and analyze currently available services for 
        youth victims of domestic violence, dating violence, sexual 
        assault, and stalking, determine relevant barriers to such 
        services in a particular locality;
            ``(2) establish and enhance linkages and collaboration 
        between courts, domestic violence or sexual assault service 
        providers, and, where applicable, law enforcement agencies, and 
        other entities addressing the safety, health, mental health, 
        social service, housing, and economic needs of youth victims of 
        domestic violence, dating violence, sexual assault or stalking, 
        including community-based supports such as schools, local 
        health centers, community action groups, and neighborhood 
        coalitions to identify, assess, and respond appropriately to 
        the varying needs of youth victims of dating violence, domestic 
        violence, sexual assault or stalking;
            ``(3) educate the staff of courts, domestic violence and 
        sexual assault service providers, and, as applicable, the staff 
        of law enforcement agencies, youth organizations, schools, 
        healthcare providers and other community prevention and 
        intervention programs to responsibly address youth victims and 
        perpetrators of domestic violence, dating violence, sexual 
        assault and stalking, and to understand relevant laws, court 
        procedures and policies; and
            ``(4) provide appropriate resources in juvenile court 
        matters to respond to dating violence, domestic violence, 
        sexual assault and stalking and assure necessary services 
        dealing with the health and mental health of youth victims are 
        available.
    ``(d) Grant Applications.--To be eligible for a grant under this 
section, the entities that are members of the applicant collaboration 
described in subsection (b)(3) shall jointly submit an application to 
the Director at such time, in such manner, and containing such 
information as the Director may require.
    ``(e) Priority.--In awarding grants under this section, the 
Director shall give priority to entities that have submitted 
applications in partnership with law enforcement agencies and religious 
and community organizations and service providers that work primarily 
with youth, especially teens, and who have demonstrated a commitment to 
coalition building and cooperative problem solving in dealing with 
problems of dating violence, domestic violence, sexual assault, and 
stalking in teen populations.
    ``(f) Distribution.--In awarding grants under this section--
            ``(1) not less than 10 percent of funds appropriated under 
        this section in any year shall be available for grants to 
        collaborations involving tribal courts, tribal coalitions, 
        tribal organizations, or domestic violence or sexual assault 
        service providers the primary purpose of which is to provide 
        culturally relevant services to American Indian or Alaska 
        Native women or youth;
            ``(2) the Attorney General shall not use more than 2.5 
        percent of funds appropriated under this section in any year 
        for monitoring and evaluation of grants made available under 
        this section;
            ``(3) the Attorney General shall not use more than 2.5 
        percent of funds appropriated under this section in any year 
        for administration of grants made available under this section; 
        and
            ``(4) up to 8 percent of funds appropriated under this 
        section in any year shall be available to provide training, 
        technical assistance, and data collection for programs funded 
        under this section.
    ``(g) Reports.--
            ``(1) Reports.--Each of the entities that are members of 
        the applicant collaboration described in subsection (b)(3) and 
        that receive a grant under this section shall jointly prepare 
        and submit a report to the Attorney General every 18 months 
        detailing the activities that the entities have undertaken 
        under the grant and such additional information as the Attorney 
        General may require. Each such report shall contain information 
        on--
                    ``(A) the activities implemented by the recipients 
                of the grants awarded under this section; and
                    ``(B) related initiatives undertaken by the 
                Director to promote attention to dating violence, 
                domestic violence, sexual assault, and stalking and 
                their impact on young victims by--
                            ``(i) the staffs of courts;
                            ``(ii) domestic violence, dating violence, 
                        sexual assault, and stalking service providers; 
                        and
                            ``(iii) law enforcement agencies and 
                        community organizations.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $5,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 505. FULL FAITH AND CREDIT IMPROVEMENTS.

    (a) Enforcement of Protection Orders Issued by Territories.--
Section 2265 of title 18, United States Code, is amended--
            (1) by striking ``State or Indian tribe'' each place it 
        appears and inserting ``State, Indian tribe, or territory'';
            (2) by striking ``State or tribal'' each place it appears 
        and inserting ``State, tribal, or territorial''; and
            (3) in subsection (a) by striking ``State or tribe'' and 
        inserting ``State, Indian tribe, or territory''.
    (b) Clarification of Entities Having Enforcement Authority and 
Responsibilities.--Section 2265(a) of title 18, United States Code, is 
amended by striking ``and enforced as if it were'' and inserting ``and 
enforced by the court and law enforcement personnel of the other State, 
Indian tribal government, or Territory as if it were''.
    (c) Protection Orders.--Sections 2265 and 2266 of title 18, United 
States Code, are both amended by striking ``protection order'' each 
place it appears and inserting ``protection order, restraining order, 
or injunction''.
    (d) Definitions.--Section 2266 of title 18, United States Code, is 
amended by striking paragraph (5) and inserting the following:
            ``(5) Protection order, restraining order, or injunction.--
        The term `protection order, restraining order, or injunction' 
        includes--
                    ``(A) any injunction or other order issued by a 
                civil or criminal court for the purpose of preventing 
                violent or threatening acts or harassment against, 
                sexual violence, or contact or communication with or 
                physical proximity to, another person, including any 
                temporary or final order issued by a civil or criminal 
                court whether obtained by filing an independent action 
                or as a pendente lite order in another proceeding so 
                long as any civil or criminal order was issued in 
                response to a complaint, petition, or motion filed by 
                or on behalf of a person seeking protection; and
                    ``(B) any support, child custody or visitation 
                provisions, orders, remedies or relief issued as part 
                of a protection order, restraining order, or injunction 
                pursuant to State, tribal, territorial, or local law 
                authorizing the issuance of protection orders, 
                restraining orders, or injunctions for the protection 
                of victims of domestic violence, sexual assault, dating 
                violence, or stalking.''.

SEC. 506. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                    VIOLENCE, SEXUAL VIOLENCE, AND STALKING.

    The Violence Against Women Act of 1994, as amended by this Act, is 
further amended by adding after subtitle J (as added by section 504) 
the following:

  ``Subtitle K--Privacy Protections for Victims of Domestic Violence, 
             Dating Violence, Sexual Violence, and Stalking

``SEC. 41101. TASK FORCE.

    ``The Attorney General shall establish a task force to review and 
report on policies, procedures, and technological issues that may 
affect the privacy and confidentiality of victims of domestic violence, 
dating violence, stalking and sexual assault. The Attorney General 
shall include representatives from States, tribes, territories, law 
enforcement, court personnel, and private nonprofit organizations whose 
mission is to help develop a best practices model to prevent personally 
identifying information of adult, youth, and minor victims of domestic 
violence, dating violence, stalking and sexual assault from being 
released to the detriment of such victimized persons. The Attorney 
General shall designate one staff member to work with the task force. 
The Attorney General is authorized to make grants to develop a 
demonstration project to implement the best practices identified by the 
Task Force.

``SEC. 41102. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle $1,000,000 for each of fiscal years 2006 through 
2010.
    ``(b) Availability.--Amounts appropriated under this section shall 
remain available until expended and may only be used for the specific 
programs and activities described in this subtitle.''.

SEC. 507. STALKER DATABASE.

    Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 
14032) is amended--
            (1) by striking ``2001'' and inserting ``2006''; and
            (2) by striking ``2005'' and inserting ``2010''.

SEC. 508. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA.

    Section 40114 of the Violence Against Women Act of 1994 is amended 
to read as follows:

``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.

    ``There are authorized to be appropriated to the Attorney General 
for the purpose of appointing victim assistants for the prosecution of 
sex crimes and domestic violence crimes where applicable (such as the 
District of Columbia), $1,000,000 for each of fiscal years 2006 through 
2010.''.

SEC. 509. PREVENTING CYBERSTALKING.

    Section 2261A of title 18, United States Code, is amended--
            (1) in paragaph (1)--
                    (A) by inserting after ``intimidate'' the 
                following: ``, or places under surveillance with the 
                intent to kill, injure, haras, or intimidate,''; and
                    (B) by inserting after ``or serious bodily injury 
                to,'' the following: ``or causes substantial emotional 
                harm to,'';
            (2) in paragraph (2)(A), by striking ``to kill or injure'' 
        and inserting ``to kill, injure, harass, or intimidate, or 
        places under surveillance with the intent to kill, injure, 
        harass, or intimidate, or to cause substantial emtional harm 
        to,''; and
            (3) in paragraph (2), in the matter following clause (iii) 
        of subparagraph (B)--
                    (A) by inserting after ``uses the mail'' the 
                following: ``, any interactive computer service,''; and
                    (B) by inserting after ``course of conduct that'' 
                the following: ``causes substantial emotional harm to 
                that person or''.

SEC. 510. REPEAT OFFENDER PROVISION.

    Chapter 110A of title 18, United States Code, is amended by adding 
after section 2265 the following:

``Sec. 2265A. Repeat offender provision

    ``The maximum term of imprisonment for a violation of this chapter 
after a prior interstate domestic violence offense (as defined in 
section 2261) or interstate violation of protection order (as defined 
in section 2262) or interstate stalking (as defined in sections 
2261A(a) and 2261A(b)) shall be twice the term otherwise provided for 
the violation.''.

SEC. 511. PROHIBITING DATING VIOLENCE.

    Section 2261(a) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``or intimate partner'' 
        both places such term appears and inserting ``, intimate 
        partner, or dating partner''; and
            (2) in paragraph (2), by striking ``or intimate partner'' 
        both places such term appears and inserting ``, intimate 
        partner, or dating partner''.

SEC. 512. GAO STUDY AND REPORT.

    (a) Study Required.--The Comptroller General shall conduct a study 
to establish the extent to which men, women, youth, and children are 
victims of domestic violence, dating violence, sexual assault, and 
stalking and the availability to all victims of shelter, counseling, 
legal representation, and other services commonly provided to victims 
of domestic violence.
    (b) Activities Under Study.--In conducting the study, the following 
shall apply:
            (1) Crime statistics.--The Comptroller General shall not 
        rely only on crime statistics, but may also use existing 
        research available, including public health studies and 
        academic studies.
            (2) Survey.--The Comptroller General shall survey the 
        Department of Justice, as well as any recipients of Federal 
        funding for any purpose or an appropriate sampling of 
        recipients, to determine--
                    (A) what services are provided to victims of 
                domestic violence, dating violence, sexual assault, and 
                stalking;
                    (B) whether those services are made available to 
                youth, child, female, and male victims; and
                    (C) the number, age, and gender of victims 
                receiving each available service.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress a report 
on the activities carried out under this section.

 TITLE VI--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                 VIOLENCE, SEXUAL ASSAULT, AND STALKING

SEC. 601. TECHNICAL AMENDMENT TO VIOLENCE AGAINST WOMEN ACT.

    Section 2001 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg) is amended by adding at the end the following:
    ``(e) Use of Funds.--Funds appropriated for grants under this part 
may be used only for the specific programs and activities expressly 
described in this part.''.

SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM.

    Part T of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796gg et seq.) is amended by adding after section 2013 (as 
added by section 501 of this Act) the following:

``SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM.

    ``(a) Purpose.--The purposes of this section are--
            ``(1) to assist States, Indian tribes, and territories in 
        providing intervention, advocacy, accompaniment, support 
        services, and related assistance for--
                    ``(A) adult, youth, and minor victims of sexual 
                assault;
                    ``(B) family and household members of such victims; 
                and
                    ``(C) those collaterally affected by the 
                victimization except for the perpetrator of such 
                victimization; and
            ``(2) to provide training and technical assistance to, and 
        to support data collection relating to sexual assault by--
                    ``(A) Federal, State, tribal, territorial, and 
                local governments, law enforcement agencies, and 
                courts;
                    ``(B) professionals working in legal, social 
                service, and health care settings;
                    ``(C) nonprofit organizations;
                    ``(D) faith-based organizations; and
                    ``(E) other individuals and organizations seeking 
                such assistance.
    ``(b) Grants to States, Territories and Tribal Entities.--
            ``(1) Grants authorized.--The Attorney General shall award 
        grants to States, territories and Indian tribes, tribal 
        organizations, and non-profit tribal organizations within 
        Indian country and Alaskan native villages for the 
        establishment, maintenance and expansion of rape crisis centers 
        or other programs and projects to assist those victimized by 
        sexual assault.
            ``(2) Special emphasis.--States, territories and tribal 
        entities will give special emphasis to the support of 
        community-based organizations with a demonstrated history of 
        providing intervention and related assistance to victims of 
        sexual assault.
    ``(c) Grants for Culturally Specific Programs Addressing Sexual 
Assault.--
            ``(1) Grants authorized.--The Attorney General shall award 
        grants to culturally specific community-based organization 
        that--
                    ``(A) is a private, nonprofit organization that 
                focuses primarily on racial and ethnic communities;
                    ``(B) must have documented organizational 
                experience in the area of sexual assault intervention 
                or have entered into partnership with an organization 
                having such expertise;
                    ``(C) has expertise in the development of 
                community-based, linguistically and culturally specific 
                outreach and intervention services relevant for the 
                specific racial and ethnic communities to whom 
                assistance would be provided or have the capacity to 
                link to existing services in the community tailored to 
                the needs of racial and ethnic populations; and
                    ``(D) has an advisory board or steering committee 
                and staffing which is reflective of the targeted racial 
                and ethnic community.
            ``(2) Award basis.--The Attorney General shall award grants 
        under this subsection on a competitive basis for a period of no 
        less than 3 fiscal years.
    ``(d) Services Authorized.--For grants under subsection (b) and (c) 
the following services and activities may include--
            ``(1) 24 hour hotline services providing crisis 
        intervention services and referrals;
            ``(2) accompaniment and advocacy through medical, criminal 
        justice, and social support systems, including medical 
        facilities, police, and court proceedings;
            ``(3) crisis intervention, short-term individual and group 
        support services, and comprehensive service coordination, and 
        supervision to assist sexual assault victims and family or 
        household members;
            ``(4) support mechanisms that are culturally relevant to 
        the community;
            ``(5) information and referral to assist the sexual assault 
        victim and family or household members;
            ``(6) community-based, linguistically and culturally-
        specific services including outreach activities for racial and 
        ethnic and other underserved populations and linkages to 
        existing services in these populations;
            ``(7) Collaborating with and informing public officials and 
        agencies in order to develop and implement policies to reduce 
        or eliminate sexual assault;
            ``(8) the development and distribution of educational 
        materials on issues related to sexual assault and the services 
        described in clauses (A) through (G).
    ``(e) Grants to State, Territorial, and Tribal Sexual Assault 
Coalitions.--
            ``(1) Grants authorized.--
                    ``(A) In general.--The Attorney General shall award 
                grants to State, territorial and tribal sexual assault 
                coalitions to assist in supporting the establishment, 
                maintenance and expansion of such coalitions as 
                determined by the National Center for Injury Prevention 
                and Control Office in collaboration with the Violence 
                Against Women Office of the Department of Justice.
                    ``(B) First-time applicants.--No entity shall be 
                prohibited from submitting an application under this 
                subsection because such entity has not previously 
                applied or received funding under this subsection.
    ``(f) Coalition Activities Authorized.--Grant Funds received under 
subsection (e) may be used to--
            ``(1) work with local sexual assault programs and other 
        providers of direct services to encourage appropriate responses 
        to sexual assault within the State, territory, or Indian tribe;
            ``(2) work with judicial and law enforcement agencies to 
        encourage appropriate responses to sexual assault cases;
            ``(3) work with courts, child protective services agencies, 
        and children's advocates to develop appropriate responses to 
        child custody and visitation issues when sexual assault has 
        been determined to be a factor;
            ``(4) design and conduct public education campaigns;
            ``(5) plan and monitor the distribution and use of grants 
        and grant funds to their State, territory, or Indian tribe; and
            ``(6) collaborate with and inform Federal, State, Tribal, 
        or local public officials and agencies to develop and implement 
        policies to reduce or eliminate sexual assault.
    ``(g) Application.--
            ``(1) Each eligible entity desiring a grant under 
        subsections (c) and (e) shall submit an application to the 
        Attorney General at such time, in such manner and containing 
        such information as the Attorney General determines to be 
        essential to carry out the purposes of this section.
            ``(2) Each eligible entity desiring a grant under 
        subsection (b) shall include--
                    ``(A) demonstration of meaningful involvement of 
                the State or territorial coalitions, or Tribal 
                coalition, where applicable, in the development of the 
                application and implementation of the plans;
                    ``(B) a plan for an equitable distribution of 
                grants and grant funds within the State, territory or 
                tribal area and between urban and rural areas within 
                such State or territory;
                    ``(C) the State, territorial or Tribal entity that 
                is responsible for the administration of grants; and
                    ``(D) any other information the Attorney General 
                reasonably determines to be necessary to carry out the 
                purposes and provisions of this section.
    ``(h) Reporting.--
            ``(1) Each entity receiving a grant under subsection (b), 
        (c) and (e) shall submit a report to the Attorney General that 
        describes the activities carried out with such grant funds.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        $55,000,000 for each of the fiscal years 2006 through 2010 to 
        carry out this section. Any amounts so appropriated shall 
        remain available until expended.
            ``(2) Allocations.--Of the total amount appropriated for 
        each fiscal year to carry out this section--
                    ``(A) not more than 2.5 percent shall be used by 
                the Attorney General for evaluation, monitoring and 
                administrative costs under this section;
                    ``(B) not more than 2.5 percent shall be used for 
                the provision of technical assistance to grantees and 
                sub- grantees under this section, except that in 
                subsection (c) up to 5 percent of funds appropriated 
                under that subsection may be available for technical 
                assistance to be provided by a national organization or 
                organizations whose primary purpose and expertise is in 
                sexual assault within racial and ethnic communities;
                    ``(C) not less than 75 percent shall be used for 
                making grants to states and territories and tribal 
                entities under subsection (b) of which not less than 10 
                percent of this amount shall be allocated for grants to 
                tribal entities. State, territorial and tribal 
                governmental agencies shall use no more than 5% for 
                administrative costs;
                    ``(D) not less than 10 percent shall be used for 
                grants for culturally specific programs addressing 
                sexual assault under subsection (c); and
                    ``(E) not less than 10 percent shall be used for 
                making grants to state, territorial and tribal 
                coalitions under subsection (e) of which not less than 
                10 percent shall be allocated for grants to tribal 
                coalitions.
        The remaining funds shall be available for grants to State and 
        territorial coalitions, and the Attorney General shall allocate 
        an amount equal to 1/56 of the amounts so appropriated to each 
        of the several States, the District of Columbia, and the 
        territories.
            ``(3) Minimum amount.--Of the amount appropriated under 
        section (i)(2)(C), the Attorney General, not including the set 
        aside for tribal entities, shall allocate not less than 1.50 
        percent to each State and not less than 0.125 percent to each 
        of the territories. The remaining funds shall be allotted to 
        each State and each territory in an amount that bears the same 
        ratio to such remaining funds as the population of such State 
        bears to the population of the combined States, or for 
        territories, the population of the combined territories.''.

SEC. 603. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
                    ENFORCEMENT ASSISTANCE PROGRAM.

    Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C. 
13971) is amended to read as follows:

``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
                    STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to identify, assess, and appropriately respond to 
        adult, youth, and minor domestic violence, sexual assault, 
        dating violence, and stalking in rural communities, by 
        encouraging collaboration between--
                    ``(A) domestic violence, dating violence, sexual 
                assault, and stalking victim service providers;
                    ``(B) law enforcement agencies;
                    ``(C) prosecutors;
                    ``(D) courts;
                    ``(E) other criminal justice service providers;
                    ``(F) human and community service providers;
                    ``(G) educational institutions; and
                    ``(H) health care providers;
            ``(2) to establish and expand nonprofit, nongovernmental, 
        State, tribal, and local government services in rural 
        communities to adult, youth, and minor victims; and
            ``(3) to increase the safety and well-being of women and 
        children in rural communities, by--
                    ``(A) dealing directly and immediately with 
                domestic violence, sexual assault, dating violence, and 
                stalking occurring in rural communities; and
                    ``(B) creating and implementing strategies to 
                increase awareness and prevent domestic violence, 
                sexual assault, dating violence, and stalking.
    ``(b) Grants Authorized.--The Attorney General, acting through the 
Director of the Office on Violence Against Women (referred to in this 
section as the `Director'), may award 3-year grants, with a possible 
extension for an additional 3 years, to States, Indian tribes, local 
governments, and nonprofit, public or private entities, including 
tribal nonprofit organizations, to carry out programs serving rural 
areas or rural communities that address domestic violence, dating 
violence, sexual assault, and stalking by--
            ``(1) implementing, expanding, and establishing cooperative 
        efforts and projects between law enforcement officers, 
        prosecutors, victim advocacy groups, and other related parties 
        to investigate and prosecute incidents of domestic violence, 
        dating violence, sexual assault, and stalking;
            ``(2) providing treatment, counseling, and other long- and 
        short-term assistance to adult, youth, and minor victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking in rural communities; and
            ``(3) working in cooperation with the community to develop 
        education and prevention strategies directed toward such 
        issues.
    ``(c) Use of Funds.--Funds appropriated pursuant to this section 
shall be used only for specific programs and activities expressly 
described in subsection (a).
    ``(d) Allotments and Priorities.--
            ``(1) Allotment for indian tribes.--Not less than 10 
        percent of the total amount made available for each fiscal year 
        to carry out this section shall be allocated for grants to 
        Indian tribes or tribal organizations.
            ``(2) Allotment for sexual assault services.--
                    ``(A) In general.--Not less than 25 percent of the 
                total amount made available for each fiscal year to 
                carry out this section shall be allocated for grants 
                that meaningfully address sexual assault in rural 
                communities, except as provided in subparagraph (B).
                    ``(B) Escalation.--The percentage required by 
                subparagraph (A) shall be--
                            ``(i) 30 percent, for any fiscal year for 
                        which $45,000,000 or more is made available to 
                        carry out this section;
                            ``(ii) 35 percent, for any fiscal year for 
                        which $50,000,000 or more is made available to 
                        carry out this section; or
                            ``(iii) 40 percent, for any fiscal year for 
                        which $55,000,000 or more is made available to 
                        carry out this section.
                    ``(C) Savings clause.--Nothing in this paragraph 
                shall prohibit an applicant from applying for funding 
                to address domestic violence, dating violence, sexual 
                assault, or stalking, separately or in combination, in 
                the same application.
                    ``(D) Report to congress.--The Attorney General 
                shall, on an annual basis, submit to Congress a report 
                on the effectiveness of the set-aside for sexual 
                assault services. The report shall include any 
                recommendations of the Attorney General with respect to 
                the rural grant program.
            ``(3) Allotment for training, technical assistance, and 
        data collection.--Of the amounts appropriated for each fiscal 
        year to carry out this section, not more than 8 percent may be 
        used by the Director for training, technical assistance, and 
        data collection costs. Of the amounts so used, not less than 25 
        percent shall be available to nonprofit, nongovernmental 
        organizations whose focus and expertise is in addressing sexual 
        assault to provide training, technical assistance, and data 
        collection with respect to sexual assault grantees.
            ``(4) Underserved populations.--In awarding grants under 
        this section, the Director shall give priority to the needs of 
        racial and ethnic and other underserved populations (as defined 
        in section 2000B of the Omnibus Crime Control and Safe Streets 
        Act of 1968).
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $50,000,000 for each of the fiscal years 2006 through 2010 to 
        carry out this section.
            ``(2) Additional funding.--In addition to funds received 
        through a grant under subsection (b), a law enforcement agency 
        may use funds received through a grant under part Q of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd et seq.) to accomplish the objectives of this 
        section.''.

SEC. 604. ASSISTANCE FOR VICTIMS OF ABUSE.

    Part T of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796gg et seq.) is amended by adding after section 2014 (as 
added by section 602 of this Act) the following:

``SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE.

    ``(a) Grants Authorized.--The Attorney General may award grants to 
appropriate entities--
            ``(1) to provide services for victims of domestic violence, 
        abuse by caregivers, and sexual assault who are 50 years of age 
        or older;
            ``(2) to improve the physical accessibility of existing 
        buildings in which services are or will be rendered for victims 
        of domestic violence and sexual assault who are 50 years of age 
        or older;
            ``(3) to provide training, consultation, and information on 
        abuse by caregivers, domestic violence, dating violence, 
        stalking, and sexual assault against individuals with 
        disabilities (as defined in section 3 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102)), and to enhance 
        direct services to such individuals;
            ``(4) for training programs to assist law enforcement 
        officers, prosecutors, governmental agencies, victim 
        assistants, and relevant officers of Federal, State, tribal, 
        territorial, and local courts in recognizing, addressing, 
        investigating, and prosecuting instances of adult, youth, or 
        minor domestic violence, dating violence, sexual assault, 
        stalking, elder abuse, and violence against individuals with 
        disabilities, including domestic violence and sexual assault, 
        against older or disabled individuals; and
            ``(5) for multidisciplinary collaborative community 
        responses to victims.
    ``(b) Use of Funds.--Grant funds under this section may be used--
            ``(1) to implement or expand programs or services to 
        respond to the needs of persons 50 years of age or older who 
        are victims of domestic violence, dating violence, sexual 
        assault, stalking, or elder abuse;
            ``(2) to provide personnel, training, technical assistance, 
        data collection, advocacy, intervention, risk reduction and 
        prevention of domestic violence, dating violence, stalking, and 
        sexual assault against disabled individuals;
            ``(3) to conduct outreach activities to ensure that 
        disabled individuals who are victims of domestic violence, 
        dating violence, stalking, or sexual assault receive 
        appropriate assistance;
            ``(4) to conduct cross-training for victim service 
        organizations, governmental agencies, and nonprofit, 
        nongovernmental organizations serving individuals with 
        disabilities; about risk reduction, intervention, prevention 
        and the nature of dynamic of domestic violence, dating 
        violence, stalking, and sexual assault for disabled 
        individuals;
            ``(5) to provide training, technical assistance, and data 
        collection to assist with modifications to existing policies, 
        protocols, and procedures to ensure equal access to the 
        services, programs, and activities of victim service 
        organizations for disabled individuals;
            ``(6) to provide training, technical assistance, and data 
        collection on the requirements of shelters and victim services 
        organizations under Federal antidiscrimination laws, 
        including--
                    ``(A) the Americans with Disabilities Act of 1990; 
                and
                    ``(B) section 504 of the Rehabilitation Act of 
                1973;
            ``(7) to purchase equipment, and provide personnel so that 
        shelters and victim service organizations can accommodate the 
        needs of disabled individuals;
            ``(8) to provide advocacy and intervention services for 
        disabled individuals who are victims of domestic violence, 
        dating violence, stalking, or sexual assault through 
        collaborative partnerships between--
                    ``(A) nonprofit, nongovernmental agencies;
                    ``(B) governmental agencies serving individuals 
                with disabilities; and
                    ``(C) victim service organizations; or
            ``(9) to develop model programs providing advocacy and 
        intervention services within organizations serving disabled 
        individuals who are victims of domestic violence, dating 
        violence, sexual assault, or stalking.
    ``(c) Eligible Entities.--
            ``(1) In general.--An entity shall be eligible to receive a 
        grant under this section if the entity is--
                    ``(A) a State;
                    ``(B) a unit of local government;
                    ``(C) a nonprofit, nongovernmental organization 
                such as a victim services organization, an organization 
                serving individuals with disabilities or a community-
                based organization; and
                    ``(D) a religious organization.
            ``(2) Limitation.--A grant awarded for the purposes 
        described in subsection (b) (9) shall be awarded only to an 
        eligible agency (as defined in section 410 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 796f--5)).
    ``(d) Application.--An eligible entity desiring a grant under this 
section shall submit an application to the Attorney General at such 
time, in such manner, and containing such information as the Attorney 
General may require.
    ``(e) Reporting.--Not later than 1 year after the last day of the 
first fiscal year commencing on or after the date of enactment of this 
Act, and not later than 180 days after the last day of each fiscal year 
thereafter, the Attorney General shall submit to Congress a report 
evaluating the effectiveness of programs administered and operated 
pursuant to this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated $20,500,000 for each of the fiscal years 2006 through 2010 
to carry out this section.''.

SEC. 605. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE HOTLINE.

    (a) Study Required.--Not later than 6 months after the date of 
enactment of this Act, the Comptroller General shall conduct a study of 
the National Domestic Violence Hotline to determine the effectiveness 
of the Hotline in assisting victims of domestic violence.
    (b) Issues to Be Studied.--In conducting the study under subsection 
(a), the Comptroller General shall--
            (1) compile statistical and substantive information about 
        calls received by the Hotline since its inception, or a 
        representative sample of such calls, while maintaining the 
        confidentiality of Hotline callers;
            (2) interpret the data compiled under paragraph (1)--
                    (A) to determine the trends, gaps in services, and 
                geographical areas of need; and
                    (B) to assess the trends and gaps in services to 
                underserved populations and the military community; and
            (3) gather other important information about domestic 
        violence.
    (c) Report.--Not later than 3 years after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 606. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS.

    (a) Grants Authorized.--
            (1) In general.--From amounts made available to carry out 
        this section, the Attorney General, acting through the Director 
        of the Office on Violence Against Women, shall award grants to 
        eligible entities described in subsection (b) to carry out 
        local, regional, or national public information campaigns 
        focused on addressing adult, youth, or minor domestic violence, 
        dating violence, sexual assault, stalking, or trafficking 
        within tribal, racial, and ethnic populations and immigrant 
        communities, including information on services available to 
        victims and ways to prevent or reduce domestic violence, dating 
        violence, sexual assault, and stalking.
            (2) Term.--The Attorney General shall award grants under 
        this section for a period of 1 fiscal year.
    (b) Eligible Entities.--Eligible entities under this section are--
            (1) nonprofit, nongovernmental organizations or coalitions 
        that represent the targeted tribal, racial, and ethnic 
        populations or immigrant community that--
                    (A) have a documented history of creating and 
                administering effective public awareness campaigns 
                addressing domestic violence, dating violence, sexual 
                assault, and stalking; or
                    (B) work in partnership with an organization that 
                has a documented history of creating and administering 
                effective public awareness campaigns addressing 
                domestic violence, dating violence, sexual assault, and 
                stalking; or
            (2) a governmental entity that demonstrates a partnership 
        with organizations described in paragraph (1).
    (c) Allocation of Funds.--Of the amounts appropriated for grants 
under this section--
            (1) not more than 20 percent shall be used for national 
        model campaign materials targeted to specific tribal, racial, 
        or ethnic populations or immigrant community, including 
        American Indian tribes and Alaskan native villages for the 
        purposes of research, testing, message development, and 
        preparation of materials; and
            (2) the balance shall be used for not less than 10 State, 
        regional, territorial, tribal, or local campaigns targeting 
        specific communities with information and materials developed 
        through the national campaign or, if appropriate, new materials 
        to reach an underserved population or a particularly isolated 
        community.
    (d) Use of Funds.--Funds appropriated under this section shall be 
used to conduct a public information campaign and build the capacity 
and develop leadership of racial, ethnic populations, or immigrant 
community members to address domestic violence, dating violence, sexual 
assault, and stalking.
    (e) Application.--An eligible entity desiring a grant under this 
section shall submit an application to the Director of the Office on 
Violence Against Women at such time, in such form, and in such manner 
as the Director may prescribe.
    (f) Criteria.--In awarding grants under this section, the Attorney 
General shall ensure--
            (1) reasonable distribution among eligible grantees 
        representing various racial, ethnic, and immigrant communities;
            (2) reasonable distribution among State, regional, 
        territorial, tribal, and local campaigns;
            (3) that not more than 8 percent of the total amount 
        appropriated under this section for each fiscal year is set 
        aside for training, technical assistance, and data collection.
    (g) Reports.--Each eligible entity receiving a grant under this 
section shall submit to the Director of the Office of Violence Against 
Women, every 18 months, a report that describes the activities carried 
out with grant funds.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2006 through 2010.

   TITLE VII--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF 
                                VIOLENCE

SEC. 701. SERVICES AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE.

    The Violence Against Women Act of 1994 is amended by adding after 
subtitle K (as added by section 506) the following:

  ``Subtitle L--Services, Education, Protection and Justice for Young 
                          Victims of Violence

``SEC. 41201. GRANTS FOR TRAINING AND COLLABORATION ON THE INTERSECTION 
                    BETWEEN DOMESTIC VIOLENCE AND CHILD MALTREATMENT.

    ``(a) Purpose.--The purpose of this section is to support efforts 
by domestic violence or dating violence victim services providers, 
courts, law enforcement, child welfare agencies, and other related 
professionals and community organizations to develop collaborative 
responses and services and provide cross-training to enhance community 
responses to families where there is both child maltreatment and 
domestic violence.
    ``(b) Grants Authorized.--The Attorney General, through the 
Violence Against Women Office, shall award grants on a competitive 
basis to eligible entities for the purposes and in the manner described 
in this section.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $8,000,000 for each of fiscal 
years 2006 through 2010. Funds appropriated under this section shall 
remain available until expended. Of the amounts appropriated to carry 
out this section for each fiscal year, the Attorney General shall--
            ``(1) use not more than 3 percent for evaluation, 
        monitoring, site visits, grantee conferences, and other 
        administrative costs associated with conducting activities 
        under this section;
            ``(2) set aside not more than 10 percent for grants to 
        programs addressing child maltreatment and domestic violence or 
        dating violence that are operated by, or in partnership with, a 
        tribal organization; and
            ``(3) set aside up to 8 percent for training and technical 
        assistance, to be provided--
                    ``(A) to organizations that are establishing or 
                have established collaborative responses and services; 
                and
                    ``(B) by organizations having demonstrated 
                expertise in developing collaborative community and 
                system responses to families in which there is both 
                child maltreatment and domestic violence or dating 
                violence, whether or not they are receiving funds under 
                this section.
    ``(d) Underserved Populations.--In awarding grants under this 
section, the Attorney General shall consider the needs of racial and 
ethnic and other underserved populations (as defined in section 2000B 
of the Omnibus Crime Control and Safe Streets Act of 1968).
    ``(e) Grant Awards.--The Attorney General shall award grants under 
this section for periods of not more than 3 fiscal years.
    ``(f) Uses of Funds.--Entities receiving grants under this section 
shall use amounts provided to develop collaborative responses and 
services and provide cross-training to enhance community responses to 
families where there is both child maltreatment and domestic violence 
or dating violence. Amounts distributed under this section may only be 
used for programs and activities described in subsection (g).
    ``(g) Programs and Activities.--The programs and activities 
developed under this section shall--
            ``(1) encourage cross training, education, service 
        development, and collaboration among child welfare agencies, 
        domestic violence victim service providers, and courts, law 
        enforcement agencies, community-based programs, and other 
        entities, in order to ensure that such entities have the 
        capacity to and will identify, assess, and respond 
        appropriately to--
                    ``(A) domestic violence or dating violence in homes 
                where children are present and may be exposed to the 
                violence;
                    ``(B) domestic violence or dating violence in child 
                protection cases; and
                    ``(C) the needs of both the child and nonabusing 
                parent;
            ``(2) establish and implement policies, procedures, 
        programs, and practices for child welfare agencies, domestic 
        violence victim service providers, courts, law enforcement 
        agencies, and other entities, that are consistent with the 
        principles of protecting and increasing the immediate and long-
        term safety and well being of children and non-abusing parents 
        and caretakers by--
                    ``(A) increasing the safety, autonomy, capacity, 
                and financial security of non-abusing parents or 
                caretakers, including developing service plans and 
                utilizing community-based services that provide 
                resources and support to non-abusing parents;
                    ``(B) protecting the safety, security, and well-
                being of children by preventing their unnecessary 
                removal from a non-abusing parent, or, in cases where 
                removal of the child is necessary to protect the 
                child's safety, taking the necessary steps to provide 
                appropriate and community-based services to the child 
                and the non-abusing parent to promote the safe and 
                appropriately prompt reunification of the child with 
                the non-abusing parent;
                    ``(C) recognizing the relationship between child 
                maltreatment and domestic violence or dating violence 
                in a family, as well as the impact of and danger posed 
                by the perpetrators' behavior on adult, youth, and 
                minor victims; and
                    ``(D) holding adult, youth, and minor perpetrators 
                of domestic violence or dating violence, not adult, 
                youth, and minor victims of abuse or neglect, 
                accountable for stopping the perpetrators' abusive 
                behaviors, including the development of separate 
                service plans, court filings, or community-based 
                interventions where appropriate;
            ``(3) increase cooperation and enhance linkages between 
        child welfare agencies, domestic violence victim service 
        providers, courts (including family, criminal, juvenile courts, 
        or tribal courts), law enforcement agencies, and other entities 
        to provide more comprehensive community-based services 
        (including health, mental health, social service, housing, and 
        neighborhood resources) to protect and to serve adult, youth, 
        and minor victims;
            ``(4) identify, assess, and respond appropriately to 
        domestic violence or dating violence in child protection cases 
        and to child maltreatment when it co-occurs with domestic 
        violence or dating violence;
            ``(5) analyze and change policies, procedures, and 
        protocols that contribute to overrepresentation of racial and 
        ethnic minorities in the court and child welfare system; and
            ``(6) provide appropriate referrals to community-based 
        programs and resources, such as health and mental health 
        services, shelter and housing assistance for adult, youth, and 
        minor victims and their children, legal assistance and advocacy 
        for adult, youth, and minor victims, assistance for parents to 
        help their children cope with the impact of exposure to 
        domestic violence or dating violence and child maltreatment, 
        appropriate intervention and treatment for adult perpetrators 
        of domestic violence or dating violence whose children are the 
        subjects of child protection cases, programs providing support 
        and assistance to racial and ethnic populations, and other 
        necessary supportive services.
    ``(h) Grantee Requirements.--
            ``(1) Applications.--Under this section, an entity shall 
        prepare and submit to the Attorney General an application at 
        such time, in such manner, and containing such information as 
        the Attorney General may require, consistent with the 
        requirements described herein. The application shall--
                    ``(A) ensure that communities impacted by these 
                systems or organizations are adequately represented in 
                the development of the application, the programs and 
                activities to be undertaken, and that they have a 
                significant role in evaluating the success of the 
                project;
                    ``(B) describe how the training and collaboration 
                activities will enhance or ensure the safety and 
                economic security of families where both child 
                maltreatment and domestic violence or dating violence 
                occurs by providing appropriate resources, protection, 
                and support to the victimized parents of such children 
                and to the children themselves; and
                    ``(C) outline methods and means participating 
                entities will use to ensure that all services are 
                provided in a developmentally, linguistically and 
                culturally competent manner and will utilize community-
                based supports and resources.
            ``(2) Eligible entities.--To be eligible for a grant under 
        this section, an entity shall be a collaboration that--
                    ``(A) shall include a State or local child welfare 
                agency or Indian Tribe;
                    ``(B) shall include a domestic violence or dating 
                violence victim service provider;
                    ``(C) may include a court;
                    ``(D) may include a law enforcement agency, or 
                Bureau of Indian Affairs providing tribal law 
                enforcement; and
                    ``(E) may include any other such agencies or 
                private nonprofit organizations, including community-
                based organizations, with the capacity to provide 
                effective help to the adult, youth, and minor victims 
                served by the collaboration.
            ``(3) Reports.--Each entity receiving a grant under this 
        section shall report to the Attorney General every 18 months, 
        detailing how the funds have been used.

``SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND TO TEENS.

    ``(a) Grants Authorized.--The Attorney General shall award grants 
to eligible entities to conduct programs to serve youth between the 
ages of 12 and 24 of domestic violence, dating violence, sexual 
assault, and stalking. Amounts appropriated under this section may only 
be used for programs and activities described under subsection (c).
    ``(b) Eligible Grantees.--To be eligible to receive a grant under 
this section, an entity shall be--
            ``(1) a nonprofit, nongovernmental entity, the primary 
        purpose of which is to provide services to victims of domestic 
        violence, dating violence, sexual assault, or stalking;
            ``(2) a religious or community-based organization that 
        specializes in working with youth victims of domestic violence, 
        dating violence, sexual assault, or stalking;
            ``(3) an Indian Tribe or tribal organization providing 
        services primarily to tribal youth or tribal victims of 
        domestic violence, dating violence, sexual assault or stalking; 
        or
            ``(4) a nonprofit, nongovernmental entity providing 
        services for runaway or homeless youth.
    ``(c) Use of Funds.--
            ``(1) In general.--An entity that receives a grant under 
        this section shall use amounts provided under the grant to 
        design or replicate, and implement, programs and services, 
        using domestic violence, dating violence, sexual assault, and 
        stalking intervention models to respond to the needs of youth 
        who are victims of domestic violence, dating violence, sexual 
        assault or stalking.
            ``(2) Types of programs.--Such a program--
                    ``(A) shall provide direct counseling and advocacy 
                for teens and young adults, who have experienced 
                domestic violence, dating violence, sexual assault or 
                stalking;
                    ``(B) shall include linguistically, culturally, and 
                community relevant services for racial and ethnic and 
                other underserved populations or linkages to existing 
                services in the community tailored to the needs of 
                racial and ethnic and other underserved populations;
                    ``(C) may include mental health services;
                    ``(D) may include legal advocacy efforts on behalf 
                of minors and young adults with respect to domestic 
                violence, dating violence, sexual assault or stalking;
                    ``(E) may work with public officials and agencies 
                to develop and implement policies, rules, and 
                procedures in order to reduce or eliminate domestic 
                violence, dating violence, sexual assault, and stalking 
                against youth and young adults; and
                    ``(F) may use not more than 25 percent of the grant 
                funds to provide additional services and resources for 
                youth, including childcare, transportation, educational 
                support, and respite care.
    ``(d) Awards Basis.--
            ``(1) Grants to indian tribes.--Not less than 10 percent of 
        funds appropriated under this section in any year shall be 
        available for grants to Indian Tribes or tribal organizations.
            ``(2) Administration.--The Attorney General shall not use 
        more than 2.5 percent of funds appropriated under this section 
        in any year for administration, monitoring, and evaluation of 
        grants made available under this section.
            ``(3) Training, technical assistance, and data 
        collection.--Not less than 5 percent of funds appropriated 
        under this section in any year shall be available to provide 
        training, technical assistance, and data collection for 
        programs funded under this section.
    ``(e) Term.--The Attorney General shall make the grants under this 
section for a period of 3 fiscal years.
    ``(f) Reports.--An entity receiving a grant under this section 
shall submit to the Attorney General every 18 months a report of how 
grant funds have been used.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 702. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

    (a) Grants Authorized.--
            (1) In general.--The Attorney General is authorized to make 
        grants to institutions of higher education, for use by such 
        institutions or consortia consisting of campus personnel, 
        student organizations, campus administrators, security 
        personnel, and regional crisis centers affiliated with the 
        institution, to develop and strengthen effective security and 
        investigation strategies to combat domestic violence, dating 
        violence, sexual assault, and stalking on campuses, and to 
        develop and strengthen victim services in cases involving such 
        crimes against women on campuses, which may include 
        partnerships with local criminal justice authorities and 
        community-based victim services agencies.
            (2) Award basis.--The Attorney General shall award grants 
        and contracts under this section on a competitive basis for a 
        period of 3 years. The Attorney General, through the Director 
        of the Office on Violence Against Women, shall award the grants 
        in amounts of not more than $500,000 for individual 
        institutions of higher education and not more than $1,000,000 
        for consortia of such institutions.
            (3) Equitable participation.--The Attorney General shall 
        make every effort to ensure--
                    (A) the equitable participation of private and 
                public institutions of higher education in the 
                activities assisted under this section;
                    (B) the equitable geographic distribution of grants 
                under this section among the various regions of the 
                United States; and
                    (C) the equitable distribution of grants under this 
                section to tribal colleges and universities and 
                traditionally black colleges and universities.
    (b) Use of Grant Funds.--Grant funds awarded under this section may 
be used for the following purposes:
            (1) To provide personnel, training, technical assistance, 
        data collection, and other equipment with respect to the 
        increased apprehension, investigation, and adjudication of 
        persons committing domestic violence, dating violence, sexual 
        assault, and stalking on campus.
            (2) To train campus administrators, campus security 
        personnel, and personnel serving on campus disciplinary or 
        judicial boards to develop and implement campus policies, 
        protocols, and services that more effectively identify and 
        respond to the crimes domestic violence, dating violence, 
        sexual assault, and stalking. Within 90 days after the date of 
        enactment of this Act, the Attorney General shall issue and 
        make available minimum standards of training relating to 
        domestic violence, dating violence, sexual assault, and 
        stalking on campus, for all campus security personnel and 
        personnel serving on campus disciplinary or judicial boards.
            (3) To implement and operate education programs for the 
        prevention of domestic violence, dating violence, sexual 
        assault and stalking.
            (4) To develop, enlarge, or strengthen victim services 
        programs on the campuses of the institutions involved, 
        including programs providing legal, medical, or psychological 
        counseling, for victims of domestic violence, dating violence, 
        sexual assault, and stalking, and to improve delivery of victim 
        assistance on campus. To the extent practicable, such an 
        institution shall collaborate with any entities carrying out 
        nonprofit and other victim services programs, including 
        domestic violence, dating violence, sexual assault, and 
        stalking victim services programs in the community in which the 
        institution is located. If appropriate victim services programs 
        are not available in the community or are not accessible to 
        students, the institution shall, to the extent practicable, 
        provide a victim services program on campus or create a victim 
        services program in collaboration with a community-based 
        organization. The institution shall use not less than 20 
        percent of the funds made available through the grant for a 
        victim services program provided in accordance with this 
        paragraph.
            (5) To create, disseminate, or otherwise provide assistance 
        and information about victims' options on and off campus to 
        bring disciplinary or other legal action, including assistance 
        to victims in immigration matters.
            (6) To develop, install, or expand data collection and 
        communication systems, including computerized systems, linking 
        campus security to the local law enforcement for the purpose of 
        identifying and tracking arrests, protection orders, violations 
        of protection orders, prosecutions, and convictions with 
        respect to the crimes of domestic violence, dating violence, 
        sexual assault, and stalking on campus.
            (7) To provide capital improvements (including improved 
        lighting and communications facilities but not including the 
        construction of buildings) on campuses to address the crimes of 
        domestic violence, dating violence, sexual assault, and 
        stalking.
            (8) To support improved coordination among campus 
        administrators, campus security personnel, and local law 
        enforcement to reduce domestic violence, dating violence, 
        sexual assault, and stalking on campus.
    (c) Applications.--
            (1) In general.--In order to be eligible to be awarded a 
        grant under this section for any fiscal year, an institution of 
        higher education shall submit an application to the Attorney 
        General at such time and in such manner as the Attorney General 
        shall prescribe.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    (A) describe the need for grant funds and the plan 
                for implementation for any of the purposes described in 
                subsection (b);
                    (B) include proof that the institution of higher 
                education collaborated with any non-profit, 
                nongovernmental entities carrying out other victim 
                services programs, including domestic violence, dating 
                violence, sexual assault, and stalking victim services 
                programs in the community in which the institution is 
                located;
                    (C) describe the characteristics of the population 
                being served, including type of campus, demographics of 
                the population, and number of students;
                    (D) provide measurable goals and expected results 
                from the use of the grant funds;
                    (E) provide assurances that the Federal funds made 
                available under this section shall be used to 
                supplement and, to the extent practical, increase the 
                level of funds that would, in the absence of Federal 
                funds, be made available by the institution for the 
                purposes described in subsection (b); and
                    (F) include such other information and assurances 
                as the Attorney General reasonably determines to be 
                necessary.
            (3) Compliance with campus crime reporting required.--No 
        institution of higher education shall be eligible for a grant 
        under this section unless such institution is in compliance 
        with the requirements of section 485(f) of the Higher Education 
        Act of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of the total 
        amount of grant funds appropriated under this section for 
        fiscal years 2006 through 2010 may be used to provide technical 
        assistance in complying with the mandatory reporting 
        requirements of section 485(f) of such Act.
    (d) General Terms and Conditions.--
            (1) Nonmonetary assistance.--In addition to the assistance 
        provided under this section, the Attorney General may request 
        any Federal agency to use the agency's authorities and the 
        resources granted to the agency under Federal law (including 
        personnel, equipment, supplies, facilities, and managerial, 
        technical, and advisory services) in support of campus 
        security, and investigation and victim service efforts.
            (2) Confidentiality.--
                    (A) Nondisclosure of confidential or private 
                information.--In order to ensure the safety of adult 
                and minor victims of domestic violence, dating 
                violence, sexual assault, or stalking and their 
                families, grantees and sub-grantees under this section 
                shall reasonably--
                            (i) protect the confidentiality and privacy 
                        of persons receiving services under the grants 
                        and subgrants; and
                            (ii) not disclose and personally 
                        identifying information, or individual client 
                        information, collected in connection with 
                        services requested, utilized, or denied through 
                        programs provided by such grantees and 
                        subgrantees under this section.
                    (B) Consent.--A grantee or subgrantee under this 
                section shall not reveal personally any identifying 
                information or individual client information collected 
                as described in subparagraph (A) without the informed, 
                written, and reasonably time-limited consent of the 
                person (or, in the case of an unemancipated minor, the 
                minor and the parent or guardian of the minor) about 
                whom information is sought, whether for the program 
                carried out under this section or any other Federal, 
                State, tribal, or territorial assistance program.
                    (C) Compelled release and notice.--If a grantee or 
                subgrantee under this section is compelled by statutory 
                or court mandate to disclose information described in 
                subparagraph (A), the grantee or subgrantee--
                            (i) shall make reasonable attempts to 
                        provide notice to individuals affected by the 
                        disclosure of information; and
                            (ii) shall take steps necessary to protect 
                        the privacy and safety of the individual 
                        affected by the disclosure.
                    (D) Permissive sharing.--Grantees and subgrantees 
                under this section may share with each other, in order 
                to comply with Federal, State, tribal, or territorial 
                reporting, evaluation, or data collection 
                requirements--
                            (i) aggregate data, that is not personally 
                        identifying information, regarding services 
                        provided to their clients; and
                            (ii) demographic information that is not 
                        personally identifying information.
                    (E) Court-generated and law enforcement-generated 
                information.--Grantees and subgrantees under this 
                section may share with each other--
                            (i) court-generated information contained 
                        in secure, governmental registries for 
                        protection order enforcement purposes; and
                            (ii) law enforcement-generated information.
                    (F) Definition.--As used in this paragraph, the 
                term ``personally identifying information'' means 
                individually identifying information from or about an 
                individual, including--
                            (i) first and last name;
                            (ii) home or other physical address, 
                        including street name and name of city or town;
                            (iii) email address or other online contact 
                        information, such as an instant- messaging user 
                        identifier or a screen name that reveals an 
                        individual's email address;
                            (iv) telephone number;
                            (v) social security number;
                            (vi) Internet Protocol (``IP'') address or 
                        host name that identifies an individual;
                            (vii) persistent identifier, such as a 
                        customer number held in a ``cookie'' or 
                        processor serial number, that is combined with 
                        other available data that identities an 
                        individual; or
                            (viii) information that, in combination 
                        with the information in any of the clauses (i) 
                        through (vii), would serve to identify any 
                        individual, including--
                                    (I) grade point average;
                                    (II) date of birth;
                                    (III) academic or occupational 
                                interests;
                                    (IV) athletic or extracurricular 
                                interests;
                                    (V) racial or ethnic background; or
                                    (VI) religious affiliation.
            (3) Grantee reporting.--
                    (A) Annual report.--Each institution of higher 
                education receiving a grant under this section shall 
                submit a biennial performance report to the Attorney 
                General. The Attorney General shall suspend funding 
                under this section for an institution of higher 
                education if the institution fails to submit such a 
                report.
                    (B) Final report.--Upon completion of the grant 
                period under this section, the institution shall file a 
                performance report with the Attorney General and the 
                Secretary of Education explaining the activities 
                carried out under this section together with an 
                assessment of the effectiveness of those activities in 
                achieving the purposes described in subsection (b).
            (4) Report to congress.--Not later than 180 days after the 
        end of the fiscal year for which grants are awarded under this 
        section, the Attorney General shall submit to Congress a report 
        that includes--
                    (A) the number of grants, and the amount of funds, 
                distributed under this section;
                    (B) a summary of the purposes for which the grants 
                were provided and an evaluation of the progress made 
                under the grant;
                    (C) a statistical summary of the persons served, 
                detailing the nature of victimization, and providing 
                data on age, sex, race, ethnicity, language, 
                disability, relationship to offender, geographic 
                distribution, and type of campus; and
                    (D) an evaluation of the effectiveness of programs 
                funded under this part.
    (e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $15,000,000 
for each of fiscal years 2006 through 2010.

SEC. 703. SAFE HAVENS.

    Section 1301 of the Victims of Trafficking and Violence Protection 
Act of 2000 (42 U.S.C. 10420) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 1301. SAFE HAVENS FOR CHILDREN.'';

            (2) in subsection (a)--
                    (A) by inserting ``, through the Director of the 
                Office on Violence Against Women,'' after ``Attorney 
                General'';
                    (B) by inserting ``public or nonprofit 
                nongovernmental entities, and to'' after ``may award 
                grants to'';
                    (C) by inserting ``dating violence,'' after 
                ``domestic violence,'';
                    (D) by striking ``to provide'' and inserting the 
                following:
            ``(1) to provide'';
                    (E) by striking the period at the end and inserting 
                a semicolon; and
                    (F) by adding at the end the following:
            ``(2) to protect children from the trauma of witnessing 
        domestic or dating violence or experiencing abduction, injury, 
        or death during parent and child visitation exchanges;
            ``(3) to protect parents or caretakers who are victims of 
        domestic and dating violence from experiencing further 
        violence, abuse, and threats during child visitation exchanges; 
        and
            ``(4) to protect children from the trauma of experiencing 
        sexual assault or other forms of physical assault or abuse 
        during parent and child visitation and visitation exchanges.''; 
        and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section, $20,000,000 for each of fiscal years 
        2006 through 2010. Funds appropriated under this section shall 
        remain available until expended.
            ``(2) Use of funds.--Of the amounts appropriated to carry 
        out this section for each fiscal year, the Attorney General 
        shall--
                    ``(A) set aside not less than 5 percent for grants 
                to Indian tribal governments or tribal organizations;
                    ``(B) use not more than 3 percent for evaluation, 
                monitoring, site visits, grantee conferences, and other 
                administrative costs associated with conducting 
                activities under this section; and
                    ``(C) set aside not more than 8 percent for 
                training, technical assistance, and data collection to 
                be provided by organizations having nationally 
                recognized expertise in the design of safe and secure 
                supervised visitation programs and visitation exchange 
                of children in situations involving domestic violence, 
                dating violence, sexual assault, or stalking.''.

SEC. 704. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
                    ASSAULT, AND STALKING IN MIDDLE AND HIGH SCHOOLS.

    (a) Short Title.--This section may be cited as the ``Supporting 
Teens through Education and Protection Act of 2005'' or the ``STEP 
Act''.
    (b) Grants Authorized.--The Attorney General, through the Director 
of the Office on Violence Against Women, is authorized to award grants 
to middle schools and high schools that work with domestic violence and 
sexual assault experts to enable the schools--
            (1) to provide training to school administrators, faculty, 
        counselors, coaches, healthcare providers, security personnel, 
        and other staff on the needs and concerns of students who 
        experience domestic violence, dating violence, sexual assault, 
        or stalking, and the impact of such violence on students;
            (2) to develop and implement policies in middle and high 
        schools regarding appropriate, safe responses to, and 
        identification and referral procedures for, students who are 
        experiencing or perpetrating domestic violence, dating 
        violence, sexual assault, or stalking, including procedures for 
        handling the requirements of court protective orders issued to 
        or against students or school personnel, in a manner that 
        ensures the safety of the victim and holds the perpetrator 
        accountable;
            (3) to provide support services for students and school 
        personnel, such as a resource person who is either on-site or 
        on-call, and who is an expert described in subsections (i)(2) 
        and (i)(3), for the purpose of developing and strengthening 
        effective prevention and intervention strategies for students 
        and school personnel experiencing domestic violence, dating 
        violence, sexual assault or stalking;
            (4) to provide developmentally appropriate educational 
        programming to students regarding domestic violence, dating 
        violence, sexual assault, and stalking, and the impact of 
        experiencing domestic violence, dating violence, sexual 
        assault, and stalking on children and youth by adapting 
        existing curricula activities to the relevant student 
        population;
            (5) to work with existing mentoring programs and develop 
        strong mentoring programs for students, including student 
        athletes, to help them understand and recognize violence and 
        violent behavior, how to prevent it and how to appropriately 
        address their feelings; and
            (6) to conduct evaluations to assess the impact of programs 
        and policies assisted under this section in order to enhance 
        the development of the programs.
    (c) Award Basis.--The Director shall award grants and contracts 
under this section on a competitive basis.
    (d) Policy Dissemination.--The Director shall disseminate to middle 
and high schools any existing Department of Justice, Department of 
Health and Human Services, and Department of Education policy guidance 
and curricula regarding the prevention of domestic violence, dating 
violence, sexual assault, and stalking, and the impact of the violence 
on children and youth.
    (e) Nondisclosure of Confidential or Private Information.--In order 
to ensure the safety of adult, youth, and minor victims of domestic 
violence, dating violence, sexual assault, or stalking and their 
families, grantees and subgrantees shall protect the confidentiality 
and privacy of persons receiving services. Grantees and subgrantees 
pursuant to this section shall not disclose any personally identifying 
information or individual information collected in connection with 
services requested, utilized, or denied through grantees' and 
subgrantees' programs. Grantees and subgrantees shall not reveal 
individual client information without the informed, written, reasonably 
time-limited consent of the person (or in the case of unemancipated 
minor, the minor and the parent or guardian) about whom information is 
sought, whether for this program or any other Tribal, Federal, State or 
Territorial grant program. If release of such information is compelled 
by statutory or court mandate, grantees and subgrantees shall make 
reasonable attempts to provide notice to victims affected by the 
disclosure of information. If such personally identifying information 
is or will be revealed, grantees and subgrantees shall take steps 
necessary to protect the privacy and safety of the persons affected by 
the release of the information. Grantees may share non-personally 
identifying data in the aggregate regarding services to their clients 
and non-personally identifying demographic information in order to 
comply with Tribal, Federal, State or Territorial reporting, 
evaluation, or data collection requirements. Grantees and subgrantees 
may share court-generated information contained in secure, governmental 
registries for protection order enforcement purposes.
    (f) Grant Term and Allocation.--
            (1) Term.--The Director shall make the grants under this 
        section for a period of 3 fiscal years.
            (2) Allocation.--Not more than 15 percent of the funds 
        available to a grantee in a given year shall be used for the 
        purposes described in subsection (b)(4)(D), (b),(5), and 
        (b)(6).
    (g) Distribution.--
            (1) In general.--Not less than 5 percent of funds 
        appropriated under subsection (l) in any year shall be 
        available for grants to tribal schools, schools on tribal lands 
        or schools whose student population is more than 25 percent 
        native American.
            (2) Administration.--The Director shall not use more than 5 
        percent of funds appropriated under subsection (l) in any year 
        for administration, monitoring and evaluation of grants made 
        available under this section.
            (3) Training, technical assistance, and data collection.--
        Not less than 5 percent of funds appropriated under subsection 
        (l) in any year shall be available to provide training, 
        technical assistance, and data collection for programs funded 
        under this section.
    (h) Application.--To be eligible to be awarded a grant or contract 
under this section for any fiscal year, a middle or secondary school, 
in consultation with an expert as described in subsections (i)(2) and 
(i)(3), shall submit an application to the Director at such time and in 
such manner as the Director shall prescribe.
    (i) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a partnership that--
            (1) shall include a public, charter, tribal, or nationally 
        accredited private middle or high school, a school administered 
        by the Department of Defense under 10 U.S.C. 2164 or 20 U.S.C. 
        921, a group of schools, or a school district;
            (2) shall include a domestic violence victim service 
        provider that has a history of working on domestic violence and 
        the impact that domestic violence and dating violence have on 
        children and youth;
            (3) shall include a sexual assault victim service provider, 
        such as a rape crisis center, program serving tribal victims of 
        sexual assault, or coalition or other nonprofit nongovernmental 
        organization carrying out a community-based sexual assault 
        program, that has a history of effective work concerning sexual 
        assault and the impact that sexual assault has on children and 
        youth; and
            (4) may include a law enforcement agency, the State, 
        Tribal, Territorial or local court, nonprofit nongovernmental 
        organizations and service providers addressing sexual 
        harassment, bullying or gang-related violence in schools, and 
        any other such agencies or nonprofit nongovernmental 
        organizations with the capacity to provide effective assistance 
        to the adult, youth, and minor victims served by the 
        partnership.
    (j) Priority.--In awarding grants under this section, the Director 
shall give priority to entities that have submitted applications in 
partnership with relevant courts or law enforcement agencies.
    (k) Reporting and Dissemination of Information.--
            (1) Reporting.--Each of the entities that are members of 
        the applicant partnership described in subsection (i), that 
        receive a grant under this section shall jointly prepare and 
        submit to the Director every 18 months a report detailing the 
        activities that the entities have undertaken under the grant 
        and such additional information as the Director shall require.
            (2) Dissemination of information.--Within 9 months of the 
        completion of the first full grant cycle, the Director shall 
        publicly disseminate, including through electronic means, model 
        policies and procedures developed and implemented in middle and 
        high schools by the grantees, including information on the 
        impact the policies have had on their respective schools and 
        communities.
    (l) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section, $5,000,000 for each of fiscal years 
        2006 through 2010.
            (2) Availability.--Funds appropriated under paragraph (1) 
        shall remain available until expended.

TITLE VIII--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN 
                                THE HOME

SEC. 801. PREVENTING VIOLENCE IN THE HOME.

    The Violence Against Women Act of 1994 is amended by adding after 
subtitle L (as added by section 701) the following:

 ``Subtitle M--Strengthening America's Families by Preventing Violence 
                              in the Home

``SEC. 41301. PURPOSE.

    ``The purpose of this subtitle is to--
            ``(1) prevent crimes involving domestic violence, dating 
        violence, sexual assault, and stalking, including when 
        committed against children and youth;
            ``(2) increase the resources and services available to 
        prevent domestic violence, dating violence, sexual assault, and 
        stalking, including when committed against children and youth;
            ``(3) reduce the impact of exposure to violence in the 
        lives of children and youth so that the intergenerational cycle 
        of violence is interrupted;
            ``(4) develop and implement education and services programs 
        to prevent children in vulnerable families from becoming 
        victims or perpetrators of domestic violence, dating violence, 
        sexual assault, or stalking;
            ``(5) promote programs to ensure that children and youth 
        receive the assistance they need to end the cycle of violence 
        and develop mutually respectful, nonviolent relationships; and
            ``(6) encourage collaboration among community-based 
        organizations and governmental agencies serving children and 
        youth, providers of health and mental health services and 
        providers of domestic violence, dating violence, sexual 
        assault, and stalking victim services to prevent violence.

``SEC. 41302. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        consultation with the Secretary of Health and Human Services, 
        is authorized to award grants on a competitive basis to 
        eligible entities for the purpose of mitigating the effects of 
        domestic violence, dating violence, sexual assault, and 
        stalking on children exposed to such violence, and reducing the 
        risk of future victimization or perpetration of domestic 
        violence, dating violence, sexual assault, and stalking.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations, as defined in 
                section 2000B of the Omnibus Crime Control and Safe 
                Streets Act of 1968;
                    ``(B) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year;
                    ``(C) awarding up to 8 percent for the funding of 
                training, technical assistance, and data collection 
                programs from the amounts made available under this 
                section for a fiscal year; and
                    ``(D) awarding not less than 66 percent to programs 
                described in subsection (c)(1) from the amounts made 
                available under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--The funds appropriated under this section 
shall be used for--
            ``(1) programs that provide services for children exposed 
        to domestic violence, dating violence, sexual assault, or 
        stalking, which may include direct counseling, advocacy, or 
        mentoring, and must include support for the nonabusing parent 
        or the child's caretaker;
            ``(2) training and coordination for programs that serve 
        children and youth (such as Head Start, child care, and after-
        school programs) on how to safely and confidentially identify 
        children and families experiencing domestic violence and 
        properly refer them to programs that can provide direct 
        services to the family and children, and coordination with 
        other domestic violence or other programs serving children 
        exposed to domestic violence, dating violence, sexual assault, 
        or stalking that can provide the training and direct services 
        referenced in this subsection; or
            ``(3) advocacy within the systems that serve children to 
        improve the system's understanding of and response to children 
        who have been exposed to domestic violence and the needs of the 
        nonabusing parent.
    ``(d) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be--
            ``(1) a victim service provider, tribal nonprofit 
        organization or community-based organization that has a 
        documented history of effective work concerning children or 
        youth exposed to domestic violence, dating violence, sexual 
        assault, or stalking, including programs that provide 
        culturally specific services, Head Start, child care, after 
        school programs, and health and mental health providers; or
            ``(2) a State, territorial, 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 exposed to violence and their 
                nonabusing parent, enhance or ensure the safety and 
                security of children and their nonabusing parent in 
                homes already experiencing domestic violence, dating 
                violence, sexual assault, or stalking; and
                    ``(B) ensure linguistically, culturally, and 
                community relevant services for racial and ethnic and 
                other underserved populations.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, providing 
additional information as the Director shall require.

``SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, AND YOUTH TO PREVENT 
                    DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
                    AND STALKING.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        collaboration with the Secretary of Health and Human Services, 
        shall award grants on a competitive basis to eligible entities 
        for the purpose of developing or enhancing programs related to 
        building alliances among men, women, and youth to prevent 
        domestic violence, dating violence, sexual assault, and 
        stalking by helping them to develop mutually respectful, 
        nonviolent relationships.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations (as defined in 
                section 2000B of the Omnibus Crime Control and Safe 
                Streets Act of 1968);
                    ``(B) with respect to gender-specific programs 
                described under subsection (c)(1)(A), ensuring 
                reasonable distribution of funds to programs for boys 
                and programs for girls;
                    ``(C) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year; and
                    ``(D) awarding up to 8 percent for the funding of 
                training, technical assistance, and data collection for 
                grantees and non-grantees working in this area and 
                evaluation programs from the amounts made available 
                under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--
            ``(1) Programs.--The funds appropriated under this section 
        shall be used by eligible entities for--
                    ``(A) public education and community based 
                programs, including gender-specific programs in 
                accordance with applicable laws--
                            ``(i) to encourage children and youth to 
                        pursue only mutually respectful, nonviolent 
                        relationships and empower them to reduce their 
                        risk of becoming victims or perpetrators of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking; and
                            ``(ii) that include at a minimum--
                                    ``(I) information on domestic 
                                violence, dating violence, sexual 
                                assault, stalking, or child sexual 
                                abuse and how they affect children and 
                                youth; and
                                    ``(II) strategies to help 
                                participants be as safe as possible; or
                    ``(B) public education campaigns and community 
                organizing to encourage men and boys to work as allies 
                with women and girls to prevent domestic violence, 
                dating violence, stalking, and sexual assault conducted 
                by entities that have experience in conducting public 
                education campaigns that address domestic violence, 
                dating violence, sexual assault, or stalking.
            ``(2) Media limits.--No more than 25 percent of funds 
        received by a grantee under this section may be used to create 
        and distribute media materials.
    ``(d) Eligible Entities.--
            ``(1) Relationships.--Eligible entities under subsection 
        (c)(1)(A) are--
                    ``(A) nonprofit, nongovernmental domestic violence, 
                dating violence, sexual assault, or stalking victim 
                service providers or coalitions;
                    ``(B) community-based child or youth services 
                organizations with demonstrated experience and 
                expertise in addressing the needs and concerns of young 
                people;
                    ``(C) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered with an 
                organization described in subparagraph (A) or (B); or
                    ``(D) a program that provides culturally specific 
                services.
            ``(2) Awareness campaign.--Eligible entities under 
        subsection (c)(1)(B) are--
                    ``(A) nonprofit, nongovernmental organizations or 
                coalitions that have a documented history of creating 
                and administering effective public education campaigns 
                addressing the prevention of domestic violence, dating 
                violence, sexual assault or stalking; or
                    ``(B) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered with an 
                organization described in subparagraph (A).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) for a grant under subsection (c)(1)(A), describe in 
        the application the policies and procedures that the entity has 
        or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and youth already experiencing domestic 
                violence, dating violence, sexual assault, or stalking 
                in their lives;
                    ``(B) provide, where appropriate, linguistically, 
                culturally, and community relevant services for racial 
                and ethnic and other underserved populations;
                    ``(C) inform participants about laws, services, and 
                resources in the community, and make referrals as 
                appropriate; and
                    ``(D) ensure that State and local domestic 
                violence, dating violence, sexual assault, and stalking 
                victim service providers and coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, including an 
evaluation of funded programs and providing additional information as 
the Director shall require.

``SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR HOME 
                    VISITATION PROJECTS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, shall award 
        grants on a competitive basis to home visitation programs, in 
        collaboration with law enforcement, victim service providers, 
        for the purposes of developing and implementing model policies 
        and procedures to train home visitation service providers on 
        addressing domestic violence, dating violence, sexual assault, 
        and stalking in families experiencing violence, or at risk of 
        violence, to reduce the impact of that violence on children, 
        maintain safety, improve parenting skills, and break 
        intergenerational cycles of violence.
            ``(2) Term.--The Director shall make the grants under this 
        section for a period of 2 fiscal years.
            ``(3) Award basis.--The Director shall--
                    ``(A) consider the needs of underserved 
                populations;
                    ``(B) award not less than 7 percent of such amounts 
                for the funding of tribal projects from the amounts 
                made available under this section for a fiscal year; 
                and
                    ``(C) award up to 8 percent for the funding of 
                technical assistance programs from the amounts made 
                available under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a national, Federal, State, local, 
territorial, or tribal--
            ``(1) home visitation program that provides services to 
        pregnant women and to young children and their parent or 
        primary caregiver that are provided in the permanent or 
        temporary residence or in other familiar surroundings of the 
        individual or family receiving such services; or
            ``(2) victim services organization or agency in 
        collaboration with an organization or organizations listed in 
        paragraph (1).
    ``(d) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) describe in the application the policies and 
        procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and their nonabusing parent in homes already 
                experiencing domestic violence, dating violence, sexual 
                assault, or stalking;
                    ``(B) ensure linguistically, culturally, and 
                community relevant services for racial ethnic and other 
                underserved communities;
                    ``(C) ensure the adequate training by domestic 
                violence, dating violence, sexual assault or stalking 
                victim service providers of home visitation grantee 
                program staff to--
                            ``(i) safely screen for or recognize (or 
                        both) domestic violence, dating violence, 
                        sexual assault, and stalking;
                            ``(ii) understand the impact of domestic 
                        violence or sexual assault on children and 
                        protective actions taken by a nonabusing parent 
                        or caretaker in response to violence against 
                        anyone in the household; and
                            ``(iii) link new parents with existing 
                        community resources in communities where 
                        resources exist; and
                    ``(D) ensure that relevant State and local domestic 
                violence, dating violence, sexual assault, and stalking 
                victim service providers and coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section, and are included as training partners, 
                where possible.''.

         TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

SEC. 900. SHORT TITLE OF TITLE; REFERENCES TO VAWA-2000; REGULATIONS.

    (a) Short Title of Title.--This title may be cited as ``Immigrant 
Victims of Violence Protection Act of 2005''.
    (b) References to VAWA-2000.--In this title, the term ``VAWA-2000'' 
means the Violence Against Women Act of 2000 (division B of Public Law 
106-386).
    (c) Regulations.-- Not later than 180 days after the date of the 
enactment of this Act, the Attorney General, the Secretary of Homeland 
Security, and Secretary of State shall promulgate regulations to 
implement the provisions contained in the Battered Immigrant Women 
Protection Act of 2000 (title V of VAWA-2000) and the amendments made 
by (and the provisions of) this title. In applying such regulations, in 
the case of petitions, applications, or certifications filed on or 
before the effective date of publication of such regulations for relief 
covered by such regulations, there shall be no requirement to submit an 
additional petition, application, or certification and any priority or 
similar date with respect to such a petition or application shall 
relate back to the date of the filing of the petition or application.

                      Subtitle A--Victims of Crime

SEC. 901. CONDITIONS APPLICABLE TO U AND T VISAS.

    (a) Treatment of Spouse and Children of Victims of Trafficking.--
Clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)) is amended to read as follows:
                    ``(ii) if accompanying, or following to join, the 
                alien described in clause (i)--
                            ``(I) in the case of an alien so described 
                        who is under 21 years of age, the spouse, 
                        children, unmarried siblings under 18 years of 
                        age on the date on which such alien applied for 
                        status under such clause, and parents of such 
                        alien; or
                            ``(II) in the case of an alien described in 
                        clause (i) who is 21 years of age or older, the 
                        spouse and children of such alien;''.
    (b) Duration of U and T Visas.--
            (1) U visas.--Section 214(p) of such Act (8 U.S.C. 1184(p)) 
        is amended by adding at the end the following new paragraph:
            ``(6) Duration of status.--The authorized period of status 
        of an alien as a nonimmigrant under section 101(a)(15)(U) shall 
        be 4 years, but--
                    ``(A) shall be extended on a year-by-year basis 
                upon certification from a Federal, State or local law 
                enforcement official, prosecutor, judge, or other 
                Federal, State or local authority investigating or 
                prosecuting criminal activity described in section 
                101(a)(15)(U)(iii) that the alien's ongoing presence in 
                the United States is required to assist in the 
                investigation or prosecution of such criminal activity; 
                and
                    ``(B) shall be extended if the alien files an 
                application for adjustment of status under section 
                245(m), until final adjudication of such 
                application.''.
            (2) T visas.--Section 214(o) of such Act (8 U.S.C. 
        1184(o)), as redesignated by section 8(a)(3) of the Trafficking 
        Victims Protection Reauthorization Act of 2003 (Public Law 108-
        193), is amended by adding at the end the following:
    ``(7) The authorized period of status of an alien as a nonimmigrant 
status under section 101(a)(15)(T) shall be 4 years, but--
            ``(A) shall be extended on a year-by-year basis upon 
        certification from a Federal, State or local law enforcement 
        official, prosecutor, judge, or other Federal, State or local 
        authority investigating or prosecuting criminal activity 
        relating to human trafficking that the alien's ongoing presence 
        in the United States is required to assist in the investigation 
        or prosecution of such criminal activity; and
            ``(B) shall be extended if the alien files an application 
        for adjustment of status under section 245(l), until final 
        adjudication of such application.''.
    (c) Permitting Change of Nonimmigrant Status to U and T 
Nonimmigrant Status.--
            (1) In general.--Section 248 of such Act (8 U.S.C. 1258) is 
        amended--
                    (A) by striking ``The Attorney General'' and 
                inserting ``(a) The Secretary of Homeland Security'';
                    (B) by inserting ``(subject to subsection (b))'' 
                after ``except''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(b) The limitation based on inadmissibility under section 
212(a)(9)(B) and the exceptions specified in numbered paragraphs of 
subsection (a) shall not apply to a change of nonimmigrant 
classification to that of a nonimmigrant under subparagraph (T) or (U) 
of section 101(a)(15), other than from such classification under 
subparagraph (C) or (D) of such section.''.
            (2) Conforming amendment.--Section 214(l)(2)(A) of such Act 
        (8 U.S.C. 1184(l)(2)(A)) is amended by striking ``248(2)'' and 
        inserting ``248(a)(2)''.
    (d) Certification Process for Victims of Trafficking.--
            (1) Victim assistance in investigation or prosecution.--
        Section 107(b)(1)(E) of the Trafficking Victims Protection Act 
        of 2000 (division A of Public Law 106-386; 22 U.S.C. 
        7105(b)(1)(E)) is amended--
                    (A) in clause (i)(I), by striking ``investigation 
                and prosecution'' and inserting ``investigation or 
                prosecution, by the United States or a State or local 
                government''; and
                    (B) in clause (iii)--
                            (i) by striking ``Investigation and 
                        prosecution'' and ``investigation and 
                        prosecution'' and inserting ``Investigation or 
                        prosecution'' and ``investigation or 
                        prosecution'', respectively;
                            (ii) in subclause (II), by striking ``and'' 
                        at the end;
                            (iii) in subclause (III), by striking the 
                        period and inserting ``; or''; and
                            (iv) by adding at the end the following new 
                        subclause:
                                    ``(IV) responding to and 
                                cooperating with requests for evidence 
                                and information.''.
            (2) Clarifying roles of attorney general and secretary of 
        homeland security.--
                    (A) Section 107 of the Trafficking Victims 
                Protection Act of 2000 (division A of Public Law 106-
                386; 22 U.S.C. 7105) is amended--
                            (i) in subsections (b)(1)(E)(i)(II)(bb), 
                        (b)(1)(E)(ii), (e)(5), and (g), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security'' each place it appears; 
                        and
                            (ii) in subsection (c), by inserting ``, 
                        Secretary of Homeland Security,'' after 
                        ``Attorney General''.
                    (B) Section 101(a)(15)(T) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended by 
                striking ``Attorney General'' and inserting ``Secretary 
                of Homeland Security'' each place it appears.
                    (C) Section 212(d)(13) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(d)(13)) is amended--
                            (i) in subparagraph (A), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security'';
                            (ii) in subparagraph (B), by striking 
                        ``Attorney General'' the first place it appears 
                        and inserting ``Secretary of Homeland 
                        Security''; and
                            (iii) in subparagraph (B), by striking 
                        ``Attorney General, in the Attorney General's 
                        discretion'' and inserting ``Secretary, in the 
                        Secretary's discretion''.
                    (D) Section 101(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(i)) is amended--
                            (i) in paragraph (1), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security, the Attorney General,''; 
                        and
                            (ii) in paragraph (2), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''.
                    (E) Section 245(l) of the Immigration and 
                Nationality Act (8 U.S.C. 1255(l)) is amended--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'' 
                        the first place it appears in paragraphs (1) 
                        and (2) and in paragraph (5);
                            (ii) by striking ``Attorney General'' and 
                        inserting ``Secretary'' the second place it 
                        appears in paragraphs (1) and (2); and
                            (iii) in paragraph (2), by striking 
                        ``Attorney General's'' and inserting 
                        ``Secretary's''.
            (3) Request by state and local law enforcement officials.--
        Section 107(c)(3) of the Trafficking Victims Protection Act of 
        2000 (division A of Public Law 106-386; 22 U.S.C. 7105(c)(3)) 
        is amended by adding at the end the following: ``State or local 
        law enforcement officials may request that such Federal law 
        enforcement officials permit the continued presence of 
        trafficking victims. If such a request contains a certification 
        that a trafficking victim is a victim of a severe form of 
        trafficking, such Federal law enforcement officials may permit 
        the continued presence of the trafficking victim in accordance 
        with this paragraph.''.
    (e) Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b)(1), (c), and (d)(3) shall take effect on the date of the 
        enactment of this Act.
            (2) Transition for duration of t visas.--In the case of an 
        alien who is classified as a nonimmigrant under section 
        101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(T)) before the the date of implementation of the 
        amendment made by subsection (b)(2) and whose period of 
        authorized stay was less than 4 years, the authorized period of 
        status of the alien as such a nonimmigrant shall be extended to 
        be 4 years and shall be further extended on a year-by-year 
        basis as provided in section 214(o)(7) of such Act, as added by 
        such amendment.
            (3) Certification process.--(A) The amendments made by 
        subsection (d)(1) shall be effective as if included in the 
        enactment of VAWA-2000.
            (B) The amendments made by subsection (d)(2) shall be 
        effective as of the applicable date of transfer of authority 
        from the Attorney General to the Secretary of Homeland Security 
        under the Homeland Security Act of 2002 (Public Law 107-296).

SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER HARDSHIP WAIVERS FOR 
                    CONDITIONAL PERMANENT RESIDENCE.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by adding at the end 
the following: ``An application for relief under this paragraph may be 
based on one or more grounds specified in subparagraphs (A) through (D) 
and may be amended at any time to change the ground or grounds for such 
relief without the application being resubmitted.''.
    (b) Appeals.--Such section is further amended by adding at the end 
the following: ``Such an application may not be considered if there is 
a final removal order in effect with respect to the alien.''.
    (c) Conforming Amendment.--Section 237(a)(1)(H)(ii) of such Act (8 
U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at 
the end the following: ``or qualifies for a waiver under section 
216(c)(4)''.
    (d) Effective Dates.--
            (1) The amendment made by subsection (a) shall apply to 
        applications for relief pending or filed on or after April 10, 
        2003.
            (2) The amendment made by subsection (b) shall apply to 
        applications for relief filed on or after the date of the 
        enactment of this Act.

SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING.

    (a) Reduction in Required Period of Presence Authorized.--
            (1) In general.--Section 245(l) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(l)) is amended--
                    (A) in paragraph (1)(A), by inserting ``subject to 
                paragraph (6),'' after ``(A)'';
                    (B) in paragraph (1)(A), by inserting after 
                ``since'' the following: ``the earlier of (i) the date 
                the alien was granted continued presence under section 
                107(c)(3) of the Trafficking Victims Protection Act of 
                2000, or (ii)''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(6) The Secretary of Homeland Security may waive or reduce the 
period of physical presence required under paragraph (1)(A) for an 
alien's adjustment of status under this subsection if a Federal, State, 
or local law enforcement official investigating or prosecuting 
trafficking described in section 101(a)(15)(T)(i) in relation to the 
alien or the alien's spouse, child, parent, or sibling certifies that 
the official has no objection to such waiver or reduction.''.
            (2) Conforming amendment.--Section 107(c) of the 
        Trafficking Victims Protection Act of 2000 (division A of 
        Public Law 106-386; 22 U.S.C. 7105(c)) is amended by adding at 
        the end the following new paragraph:
            ``(5) Certification of no objection for waiver or reduction 
        of period of required physical presence for adjustment of 
        status.--In order for an alien to have the required period of 
        physical presence under paragraph (1)(A) of section 245(l) of 
        the Immigration and Nationality Act waived or reduced under 
        paragraph (6) of such section, a Federal, State, and local law 
        enforcement official investigating or prosecuting trafficking 
        described in section 101(a)(15)(T)(i) in relation to the alien 
        or the alien's spouse, child, parent, or sibling may provide 
        for a certification of having no objection to such waiver or 
        reduction.''.
    (b) Treatment of Good Moral Character .--Section 245(l) of the 
Immigration and Nationality Act (8 U.S.C. 1255(l)), as amended by 
subsection (a)(1), is amended--
            (1) in paragraph (1)(B), by inserting ``subject to 
        paragraph (7),'' after ``(B)''; and
            (2) by adding at the end the following new paragraph:
    ``(7) For purposes of paragraph (1)(B), the Secretary of Homeland 
Security, in the Secretary's sole unreviewable discretion, may waive 
consideration of a disqualification from good moral character described 
in section 101(f) with respect to an alien if there is a connection 
between the disqualification and the trafficking with respect to the 
alien described in section 101(a)(15)(T)(i).''.
    (c) Annual Report on Training of Law Enforcement.--
            (1) In general.--Section 107(g) of the Trafficking Victims 
        Protection Act of 2000 (division A of Public Law 106-386; 22 
        U.S.C. 7105(g)) is amended by adding at the end the following: 
        ``Each such report shall also include statistics regarding the 
        number of law enforcement officials who have been trained in 
        the identification and protection of trafficking victims and 
        certification for assistance as nonimmigrants under section 
        101(a)(15)(T) of such Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to annual reports beginning with the report for 
        fiscal year 2006.

                      Subtitle B--VAWA Petitioners

SEC. 911. DEFINITION OF VAWA PETITIONER.

    (a) In General.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following 
new paragraph:
    ``(51) The term `VAWA petitioner' means an alien whose application 
or petition for classification or relief under any of the following 
provisions (whether as a principal or as a derivative) has been filed 
and has not been denied after exhaustion of administrative appeals:
            ``(A) Clause (iii), (iv), or (vii) of section 204(a)(1)(A).
            ``(B) Clause (ii) or (iii) of section 204(a)(1)(B).
            ``(C) Subparagraph (C) or (D) of section 216(c)(4).
            ``(D) The first section of Public Law 89-732 (commonly 
        known as the Cuban Adjustment Act) as a child or spouse who has 
        been battered or subjected to extreme cruelty.
            ``(E) Section 902(d)(1)(B) of the Haitian Refugee 
        Immigration Fairness Act of 1998 (division A of section 101(h) 
        of Public Law 105-277).
            ``(F) Section 202(d)(1) of the Nicaraguan Adjustment and 
        Central American Relief Act (8 U.S.C. 1255 note; Public Law 
        105-100).
            ``(G) Section 309(c)(5) of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (division C of Public 
        Law 104-208; 8 U.S.C. 1101 note).''.
    (b) Conforming Amendments.--
            (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 U.S.C. 
        1182(a)(6)(A)(ii)(I)) is amended by striking ``qualifies for 
        immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), 
        or (B)(iii) of section 204(a)(1)'' and inserting ``is a VAWA 
        petitioner''.
            (2) Section 212(a)(9)(C)(ii) of such Act (8 U.S.C. 
        1182(a)(9)(C)(ii)) is amended by striking ``to whom the 
        Attorney General has granted classification under clause (iii), 
        (iv), or (v) of section 204(a)(1)(A), or classification under 
        clause (ii), (iii), or (iv) of section 204(a)(1)(B)'' and 
        inserting ``is a VAWA petitioner''.
            (3) Subsections (h)(1)(C) and (g)(1)(C) of section 212 (8 
        U.S.C. 1182) is amended by striking ``qualifies for 
        classification under clause (iii) or (iv) of section 
        204(a)(1)(A) or classification under clause (ii) or (iii) of 
        section 204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
            (4) Section 212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is 
        amended by striking ``an alien granted classification under 
        clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 
        (iii) of section 204(a)(1)(B)'' and inserting ``a VAWA 
        petitioner''.
            (5) Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 
        1227(a)(1)(H)(ii)) is amended by striking ``is an alien who 
        qualifies for classification under clause (iii) or (iv) of 
        section 204(a)(1)(A) or clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
            (6) Section 240A(b)(4)(B) of such Act (8 U.S.C. 
        1229b(b)(4)(B)) is amended by striking ``they were applications 
        filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
        (B)(iii)'' and inserting ``the applicants were VAWA 
        petitioners''.
            (7) Section 245(a) of such Act (8 U.S.C. 1255(a)) is 
        amended by striking ``under subparagraph (A)(iii), (A)(iv), 
        (B)(ii), or (B)(iii) of section 204(a)(1) or'' and inserting 
        ``as a VAWA petitioner''.
            (8) Section 245(c) of such Act (8 U.S.C. 1255(c)) is 
        amended by striking ``under subparagraph (A)(iii), (A)(iv), 
        (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 
        204(a)(1)'' and inserting ``as a VAWA petitioner''.
            (9) For additional conforming amendments to sections 
        212(a)(4)(C)(i) and 240(c)(7)(C)(iv)(I) of the Immigration and 
        Nationality Act, see sections 832(b)(2) and 817(a) of this Act.

SEC. 912. SELF-PETITIONING FOR CHILDREN.

    (a) Self-Petitioning by Children of Parent-Abusers Upon Death or 
Other Termination of Parent-Child Relationship.--
            (1) Citizen parents.--Section 204(a)(1)(A)(iv) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is 
        amended--
                    (A) by striking ``or who'' and inserting ``who''; 
                and
                    (B) by inserting after ``domestic violence,'' the 
                following: ``or who was a child of a United States 
                citizen parent who within the past 2 years (or, if 
                later, two years after the date the child attains 18 
                years of age) died or otherwise terminated the parent-
                child relationship (as defined under section 
                101(b)),''.
            (2) Lawful permanent resident parents.--
                    (A) In general.--Section 204(a)(1)(B)(iii) of such 
                Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended--
                            (i) by striking ``or who'' and inserting 
                        ``who''; and
                            (ii) by inserting after ``domestic 
                        violence,'' the following: ``or who was a child 
                        of a lawful permanent resident resident who 
                        within the past 2 years (or, if later, two 
                        years after the date the child attains 18 years 
                        of age) died or otherwise terminated the 
                        parent-child relationship (as defined under 
                        section 101(b)),''.
                    (B) Conforming treatment of deceased spouses.--
                Section 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 
                U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amended--
                            (i) by redesignating subitems (aaa) and 
                        (bbb) as subitems (bbb) and (ccc), 
                        respectively; and
                            (ii) by inserting before subitem (bbb), as 
                        so redesignated, the following:
                    ``(aaa) whose spouse died within the past 2 
                years;''.
            (3) Effective dates.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendment made by paragraphs (1) and (2) shall take 
                effect on the date of the enactment of this Act.
                    (B) Transition in case of citizen parents who died 
                before enactment.--In applying the amendments made by 
                paragraphs (1) and (2)(A) in the case of an alien whose 
                citizen parent or lawful permanent resident parent died 
                or whose parent-child relationship with such parent 
                terminated during the period beginning on October 28, 
                1998, and ending on the date of the enactment of this 
                Act, the following rules apply:
                            (i) The reference to ``within the past 2 
                        years'' in section 204(a)(1)(A)(iv) or 
                        204(a)(1)(B)(iii), respectively, of the 
                        Immigration and Nationality Act in the matter 
                        inserted by such paragraph is deemed to be a 
                        reference to such period.
                            (ii) The petition must be filed under such 
                        section within 2 years after the date of the 
                        enactment of this Act (or, if later, 2 years 
                        after the alien's 18th birthday).
                            (iii) The determination of eligibility for 
                        benefits as a child under such section 
                        (including under section 204(a)(1)(D) of the 
                        Immigration and Nationality Act by reason of a 
                        petition authorized under such section) shall 
                        be determined as of the date of the death of 
                        the citizen parent or lawful permanent resident 
                        parent or the termination of the parent-child 
                        relationship.
    (b) Protecting Victims of Child Abuse From Aging Out.--
            (1) Clarification regarding continuation of immediate 
        relative status for children of citizens.--Section 
        204(a)(1)(D)(i)(I) of the Immigration and Nationality Act (8 
        U.S.C. 1154(a)(1)(D)(i)(I)) is amended--
                    (A) by striking ``clause (iv) of section 
                204(a)(1)(A)'' and inserting ``subparagraph (A)(iv)'' 
                each place it appears; and
                    (B) by striking ``a petitioner for preference 
                status under paragraph (1), (2), or (3) of section 
                203(a), whichever paragraph is applicable'' and 
                inserting ``to continue to be treated as an immediate 
                relative under section 201(b)(2)(A)(i), or a petitioner 
                for preference status under section 203(a)(3) if 
                subsequently married''.
            (2) Clarification regarding application to children of 
        lawful permanent residents.--Section 204(a)(1)(D) of such Act 
        (8 U.S.C. 1154(a)(1)(D)) is amended--
                    (A) in clause (i)(I)--
                            (i) by inserting after the first sentence 
                        the following new sentence: ``Any child who 
                        attains 21 years of age who has filed a 
                        petition under subparagraph (B)(iii) that was 
                        filed or approved before the date on which the 
                        child attained 21 year of age shall be 
                        considered (if the child has not been admitted 
                        or approved for lawful permanent residence by 
                        the date the child attained 21 years of age) a 
                        petitioner for preference status under section 
                        203(a)(2)(A), with the same priority date 
                        assigned to the self-petition filed under such 
                        subparagraph.''; and
                            (ii) in the last sentence, by inserting 
                        ``in either such case'' after ``shall be 
                        required to be filed'';
                    (B) in clause (i)(III), by striking ``paragraph 
                (1), (2), or (3) of section 203(a)'' and inserting 
                ``section 203(a)(2)(A)''; and
                    (C) in clause (ii), by striking ``(A)(iii), 
                (A)(iv),''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to applications filed before, on, or after the date 
        of the enactment of VAWA-2000.
    (c) Clarification of No Separate Adjustment Application for 
Derivative Children.--
            (1) In general.--Section 245(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(a)) is amended by adding at the 
        end the following: ``In the case of a petition under clause 
        (ii), (iii), or (iv) of section 204(a)(1)(A) that includes an 
        individual as a derivative child of a principal alien, no 
        adjustment application other than the adjustment application of 
        the principal alien shall be required for adjustment of status 
        of the individual under this subsection or subsection (c).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications filed before, on, or after such 
        date.
    (d)  Late Petition Permitted for Adults Abused as Children.--
            (1) In general.--Section 204(a)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(D)), is amended by 
        adding at the end the following new clause:
    ``(iv) In the case of an alien who qualified to petition under 
subparagraph (A)(iv) or (B)(iii) as of the date the individual attained 
21 years of age, the alien may file a petition under such respective 
subparagraph notwithstanding that the alien has attained such age or 
been married so long as the petition is filed before the date the 
individual attains 25 years of age. In the case of such a petition, the 
alien shall remain eligible for adjustment of status as a child 
notwithstanding that the alien has attained 21 years of age or has 
married, or both.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to individuals who attain 21 years of age on or 
        after the date of the enactment of VAWA-2000.

SEC. 913. SELF-PETITIONING PARENTS.

    (a) In General.--Section 204(a)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the 
end the following new clause:
    ``(vii) An alien who--
            ``(I) is the parent of a citizen of the United States or 
        was a parent of a citizen of the United States who within the 
        past 2 years lost or renounced citizenship status related to 
        battering or extreme cruelty by the United States citizen son 
        or daughter or who within the past two years died;
            ``(II) is a person of good moral character;
            ``(III) is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i) by virtue of the alien's 
        relationship to the son or daughter referred to in subclause 
        (I); and
            ``(IV) resides, or has resided in the past, with the 
        citizen daughter or son;
may file a petition with the Secretary of Homeland Security under this 
subparagraph for classification of the alien under such section if the 
alien demonstrates that the alien has been battered by or has been the 
subject of extreme cruelty perpetrated by the alien's citizen son or 
daughter.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICATIONS.

    (a) In General.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking 
        ``an incident of domestic violence'' and inserting ``battering 
        or extreme cruelty by the United States citizen spouse'';
            (2) in subparagraph (A)(iv), by striking ``an incident of 
        domestic violence'' and inserting ``battering or extreme 
        cruelty by such parent'';
            (3) in subparagraph (B)(ii)(II)(aa)(CC)(bbb), as 
        redesignated by section 912(a)(2)(B)(i), by striking ``due to 
        an incident of domestic violence'' and inserting ``related to 
        battering or extreme cruelty by the lawful permanent resident 
        spouse''; and
            (4) in subparagraph (B)(iii), by striking ``due to an 
        incident of domestic violence'' and inserting ``related to 
        battering or extreme cruelty by such parent''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of VAWA-2000.

SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND 
                    APPLICATIONS FOR RELIEF.

    (a) Relief.--
            (1) Limitation on removal or deportation.--Section 237 of 
        the Immigration and Nationality Act (8 U.S.C. 1227) is amended 
        by adding at the end the following new subsection:
    ``(d)(1) In the case of an alien in the United States for whom a 
petition as a VAWA petitioner has been filed, if the petition sets 
forth a prima facie case for approval, the Secretary of Homeland 
Security, in the Secretary's sole unreviewable discretion, may grant 
the alien deferred action until the petition is approved or the 
petition is denied after exhaustion of administrative appeals. In the 
case of the approval of such petition, such deferred action may be 
extended until a final determination is made on an application for 
adjustment of status.
    ``(2) In the case of an alien in the United States for whom an 
application for nonimmigrant status (whether as a principal or 
derivative child) under subparagraph (T) or (U) of section 101(a)(15) 
has been filed, if the application sets forth a prima facie case for 
approval, the Secretary of Homeland Security, in the Secretary's sole 
unreviewable discretion, may grant the alien deferred action until the 
application is approved or the application is denied after exhaustion 
of administrative appeals.
    ``(3) During a period in which an alien is provided deferred action 
under this subsection, the alien shall not be removed or deported. ''.
            (2) Limitation on detention.--Section 236 of such Act (8 
        U.S.C. 1226) is amended by adding at the end the following new 
        subsection:
    ``(f) Limitation on Detention of Certain Victims of Violence.--(1) 
An alien for whom a petition as a VAWA petitioner has been approved or 
for whom an application for nonimmigrant status (whether as a principal 
or derivative child) under subparagraph (T) or (U) of section 
101(a)(15) has been approved, subject to paragraph (2), the alien shall 
not be detained if the only basis for detention is a ground for which--
            ``(A) a waiver is provided under section 212(h), 
        212(d)(13), 212(d)(14), 237(a)(7), or 237(a)(2)(a)(V); or
            ``(B) there is an exception under section 204(a)(1)(C).
    ``(2) Paragraph (1) shall not apply in the case of detention that 
is required under subsection (c) or section 236A.''.
            (3) Employment authorization.--
                    (A) For vawa petitioners.--Section 204(a)(1) of 
                such Act (8 U.S.C. 1154(a)(1)) is amended by adding at 
                the end the following:
    ``(K)(i) In the case of an alien for whom a petition as a VAWA 
petitioner is approved, the alien is eligible for work authorization 
and shall be provided an `employment authorized' endorsement or other 
appropriate work permit.''.
                    (B) For aliens with approved t visas.--Section 
                214(o) of such Act (8 U.S.C. 1184(o)), as amended by 
                section 901(b)(2), is amended by adding at the end the 
                following new paragraph:
    ``(8) In the case of an alien for whom an application for 
nonimmigrant status (whether as a principal or derivative) under 
section 101(a)(15)(T) has been approved, the alien is eligible for work 
authorization and shall be provided an `employment authorized' 
endorsement or other appropriate work permit.''.
            (4) Processing of applications.--Section 204(a)(1)(K) of 
        the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(K)), 
        as added by paragraph (3)(A), is amended by adding at the end 
        the following:
    ``(ii) A petition as a VAWA petitioner shall be processed without 
regard to whether a proceeding to remove or deport such alien is 
brought or pending.''.
            (5) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to petitions and applications filed before, on, or 
        after such date.
    (b) Applicants for Cancellation of Removal or Suspension of 
Deportation.--
            (1) In general.--Section 240A(b)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(b)(2)) is amended by adding at 
        the end the following new subparagraph:
                    ``(E) Relief while application pending.--In the 
                case of an alien who has applied for relief under this 
                paragraph and whose application sets forth a prima 
                facie case for such relief or who has filed an 
                application for relief under section 244(a)(3) (as in 
                effect on March 31, 1997) that sets forth a prima facie 
                case for such relief--
                            ``(i) the alien shall not be removed or 
                        deported until the application has been 
                        approved or, in the case it is denied, until 
                        all opportunities for appeal of the denial have 
                        been exhausted; and
                            ``(ii) such an application shall be 
                        processed without regard to whether a 
                        proceeding to remove or deport such alien is 
                        brought or pending.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications filed before, on, or after such 
        date.

SEC. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.

    (a) Fiancees.--
            (1) Self-petitioning.--Section 204(a)(1)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) 
        is amended--
                    (A) in subclause (I)(bb), by inserting after 
                ``during the marriage'' the following: ``or 
                relationship intended by the alien to be legally a 
                marriage or to conclude in a valid marriage'';
                    (B) in subclause (II)(aa)--
                            (i) by striking ``or'' at the end of 
                        subitem (BB);
                            (ii) by inserting ``or'' at the end of 
                        subitem (CC); and
                            (iii) by adding at the end the following 
                        new subitem:
            ``(DD) who entered the United States as an alien described 
        in section 101(a)(15)(K) with the intent to enter into a valid 
        marriage and the alien (or child of the alien) was battered or 
        subject to extreme cruelty in the United States by the United 
        States citizen who filed the petition to accord status under 
        such section;'';
                    (C) in subclause (II)(cc), by striking ``or who'' 
                and inserting ``, who'' and by inserting before the 
                semicolon at the end the following: ``, or who is 
                described in subitem (aa)(DD)''; and
                    (D) in subclause (II)(dd), by inserting ``or who is 
                described in subitem (aa)(DD)'' before the period at 
                the end.
            (2) Exception from requirement to depart.--Section 214(d) 
        of such Act (8 U.S.C. 1184(d)) is amended by inserting before 
        the period at the end the following: ``unless the alien (and 
        the child of the alien) entered the United States as an alien 
        described in section 101(a)(15)(K) with the intent to enter 
        into a valid marriage and the alien or child was battered or 
        subject to extreme cruelty in the United States by the United 
        States citizen who filed the petition to accord status under 
        such section''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens admitted before, on, or after such date.
    (b) Spouses Who Are Conditional Permanent Residents.--
            (1) In general.--Section 245(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(d)) is amended--
                    (A) by inserting ``(1)'' after ``(d)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Paragraph (1) shall not apply to an alien who seeks 
adjustment of status on the basis of an approved petition for 
classification as a VAWA petitioner.''.
            (2) Conforming application in cancellation of removal.--
        Section 240A(b)(2)(A)(i) of such Act (8 U.S.C. 
        1229b(b)(2)(A)(i)) is amended--
                    (A) by striking ``or'' at the end of subclause 
                (II);
                    (B) by adding ``or'' at the end of subclause (III); 
                and
                    (C) by adding at the end the following new 
                subclause:
                            ``(IV) the alien entered the United States 
                        as an alien described in section 101(a)(15)(K) 
                        with the intent to enter into a valid marriage 
                        and the alien (or the child of the alien who is 
                        described in such section) was battered or 
                        subject to extreme cruelty in the United States 
                        by the United States citizen who filed the 
                        petition to accord status under such 
                        section;''.
            (3) Exception to restriction on adjustment of status.--The 
        second sentence of section 245(d)(1) of such Act (8 U.S.C. 
        1255(d)(1)), as designated by paragraph (1)(A), is amended by 
        inserting ``who is not described in section 
        204(a)(1)(A)(iii)(II)(aa)(DD)'' after ``alien described in 
        section 101(a)(15)(K)''.
            (4) Application under suspension of deportation.--Section 
        244(a)(3) of such Act (as in effect on March 31, 1997) shall be 
        applied (as if in effect on such date) as if the phrase ``is 
        described in section 240A(b)(2)(A)(i)(IV) or'' were inserted 
        before ``has been battered'' the first place it appears.
            (5) Effective date.--The amendments made by this 
        subsection, and the provisions of paragraph (4), shall take 
        effect on the date of the enactment of this Act and shall apply 
        to applications for adjustment of status, for cancellation of 
        removal, or for suspension of deportation filed before, on, or 
        after such date.
    (c) Information on Certain Convictions and Limitation on Petitions 
for K Nonimmigrant Petitioners.--Section 214(d) of the Immigration and 
Nationality Act (8 U.S.C. 1184(d)) is amended--
            (1) by striking ``(d)'' and inserting ``(d)(1)'';
            (2) by inserting after the second sentence the following: 
        ``Such information shall include information on any criminal 
        convictions of the petitioner for domestic violence, sexual 
        assault, or child abuse.''; and
            (3) by adding at the end the following:
    ``(2)(A) Subject to subparagraph (B), a consular officer may not 
approve a petition under paragraph (1) unless the officer has verified 
that--
            ``(i) the petitioner has not, previous to the pending 
        petition, petitioned under paragraph (1) with respect to more 
        than 2 applying aliens; and
            ``(ii) if the petitioner has had such a petition previously 
        approved, 2 years have elapsed since the filing of such 
        previously approved petition.
    ``(B) The Secretary of Homeland Security may, in the discretion of 
the Secretary, waive the limitation in subparagraph (A), if 
justification exists for such a waiver.
    ``(3) For purposes of this subsection--
            ``(A) the term `child abuse' means a felony or misdemeanor 
        crime, as defined by Federal or State law, committed by an 
        offender who is a stranger to the victim, or committed by an 
        offender who is known by, or related by blood or marriage to, 
        the victim, against a victim who has not attained the lesser 
        of--
                    ``(i) 18 years of age; or
                    ``(ii) except in the case of sexual abuse, the age 
                specified by the child protection law of the State in 
                which the child resides;
            ``(B) the terms `domestic violence' and `sexual assault' 
        have the meaning given such terms in section 2003 of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796gg-2).''.
    (d) Spouses and Children of Asylum Applicants Under Adjustment 
Provisions.--
            (1) In general.--Section 209(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1159(b)(3)) is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following:
            ``(B) was the spouse of a refugee within the meaning of 
        section 101(a)(42)(A) at the time the asylum application was 
        granted and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee or whose child was battered 
        or subjected to extreme cruelty by such refugee (without the 
        active participation of such spouse in the battery or cruelty), 
        or
            ``(C) was the child of a refugee within the meaning of 
        section 101(a)(42)(A) at the time of the filing of the asylum 
        application and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee,''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act 
        and--
                    (A) section 209(b)(3)(B) of the Immigration and 
                Nationality Act, as added by paragraph (1)(B), shall 
                apply to spouses of refugees for whom an asylum 
                application is granted before, on, or after such date; 
                and
                    (B) section 209(b)(3)(C) of such Act, as so added, 
                shall apply with respect to the child of a refugee for 
                whom an asylum application is filed before, on, or 
                after such date.
    (e) Visa Waiver Entrants.--
            (1) In general.--Section 217(b)(2) of such Act (8 U.S.C. 
        1187(b)(2)) is amended by inserting after ``asylum,'' the 
        following: ``as a VAWA petitioner, or for relief under 
        subparagraph (T) or (U) of section 101(a)(15), under section 
        240A(b)(2), or under section 244(a)(3) (as in effect on March 
        31, 1997),''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to waivers provided under section 217(b)(2) of the 
        Immigration and Nationality Act before, on, or after such date 
        as if it had been included in such waivers.
    (f) Exception From Foreign Residence Requirement for Educational 
Visitors.--
            (1) In general.--Section 212(e) of such Act (8 U.S.C. 
        1182(e)) is amended, in the matter before the first proviso, by 
        inserting ``unless the alien is a VAWA petitioner or an 
        applicant for nonimmigrant status under subparagraph (T) or (U) 
        of section 101(a)(15)'' after ``for an aggregate of a least two 
        years following departure from the United States''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens regardless of whether the foreign 
        residence requirement under section 212(e) of the Immigration 
        and Nationality Act arises out of an admission or acquisition 
        of status under section 101(a)(15)(J) of such Act before, on, 
        or after the date of the enactment of this Act.

SEC. 917. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR 
                    ADJUSTMENTS OF STATUS.

    (a) Application of Motions to Reopen for All VAWA Petitioners.--
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the 
REAL ID Act of 2005 (division B of Public Law 109-13), is amended --
            (1) in subclause (I), by striking ``under clause (iii) or 
        (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``as a VAWA petitioner''; and
            (2) in subclause (II), by inserting ``or adjustment of 
        status'' after ``cancellation of removal''.
    (b) Application of VAWA Deportation Protections for Transitional 
Relief to All VAWA Petitioners.--Section 1506(c)(2) of the Violence 
Against Women Act of 2000 (8 U.S.C. 1229a note) is amended--
            (1) in subparagraph (A)--
                    (A) by amending clause (i) to read as follows:
                            ``(i) if the basis of the motion is to 
                        apply for relief as a VAWA petitioner (as 
                        defined in section 101(a)(51) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(51)) or under section 244(a)(3) of such 
                        Act (8 U.S.C. 1254(a)(3)); and''; and
                    (B) in clause (ii), by inserting ``or adjustment of 
                status'' after ``suspension of deportation''; and
            (2) in subparagraph (B)(ii), by striking ``for relief'' and 
        all that follows through ``1101 note))'' and inserting ``for 
        relief described in subparagraph (A)(i)''.
    (c) Application of VAWA-Related Relief Under Section 202 of 
NACARA.--Section 202(d)(1) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100) is 
amended--
            (1) in subparagraph (B)(ii), by inserting ``, or was 
        eligible for adjustment,'' after ``whose status is adjusted''; 
        and
            (2) in subparagraph (E), by inserting after ``April 1, 
        2000'' the following: ``, or, in the case of an alien who 
        qualifies under subparagraph (B)(ii), applies for such 
        adjustment during the 18-month period beginning on the date of 
        enactment of the Violence Against Women Act of 2005'' .
    (d) Petitioning Rights of Certain Former Spouses Under Cuban 
Adjustment.--The first section of Public Law 89-732 (8 U.S.C. 1255 
note) is amended by adding at the end the following: ``An alien who was 
the spouse of any Cuban alien described in this section and has resided 
with such spouse shall continue to be treated as such a spouse for 2 
years after the date on which the Cuban alien dies (or, if later, 2 
years after the date of enactment of Violence Against Women Act of 
2005), or for 2 years after the date of termination of the marriage 
(or, if later, 2 years after the date of enactment of Violence Against 
Women Act of 2005) if the alien demonstrates a connection between the 
termination of the marriage and the battering or extreme cruelty by the 
Cuban alien.''.
    (e) Self-Petitioning Rights of HRIFA Applicants.--Section 
902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 
(division A of section 101(h) of Public Law 105-277; 112 Stat. 2681-
538; 8 U.S.C. 1255 note), as amended by section 1511(a) of VAWA-2000, 
is amended--
            (1) in clause (i), by striking ``whose status is adjusted 
        to that of an alien lawfully admitted for permanent residence'' 
        and inserting ``who is or was eligible for classification''; 
        and
            (2) in clause (ii), by striking ``whose status is adjusted 
        to that of an alien lawfully admitted for permanent residence'' 
        and inserting ``who is or was eligible for classification''.
    (f) Self-Petitioning Rights Under Section 203 of NACARA.--Section 
309 of the Illegal Immigration and Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note), as 
amended by section 203(a) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), is 
amended--
            (1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by 
        section 1510(b) of VAWA-2000--
                    (A) by striking ``or'' at the end of subitem (BB);
                    (B) by striking ``and'' at the end of subitem (CC) 
                and inserting ``or''; and
                    (C) by adding at the end the following new subitem:
                                            ``(DD) at the time at which 
                                        the spouse or child files an 
                                        application for suspension of 
                                        deportation or cancellation of 
                                        removal; and''; and
            (2) in subsection (g)--
                    (A) by inserting ``(1)'' before 
                ``Notwithstanding'';
                    (B) by inserting ``subject to paragraph (2),'' 
                after ``section 101(a) of the Immigration and 
                Nationality Act)),''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) There shall be no limitation on a motion to reopen removal or 
deportation proceedings in the case of an alien who is described in 
subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen 
removal or deportation proceedings in the case of such an alien shall 
be handled under the procedures that apply to aliens seeking relief 
under section 204(a)(1)(A)(iii) of the Immigration and Nationality 
Act.''.
    (g) Limitation on Petitioning for Abuser.--Section 204(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as amended by 
section 915(a)(3)(A), is amended by adding at the end the following new 
subparagraph:
    ``(L) Notwithstanding the previous provisions of this paragraph, an 
individual who was a VAWA petitioner or who had the status of a 
nonimmigrant under subparagraph (T) or (U) of section 101(a)(15) may 
not file a petition for classification under this section or section 
214 to classify any person who committed the battery or extreme cruelty 
or trafficking against the individual (or the individual's child) which 
established the individual's (or individual's child's) eligibility as a 
VAWA petitioner or for such nonimmigrant status.''.
    (h) Effective Date.--Except as otherwise provided in this section, 
the amendments made by this section shall take effect on the date of 
the enactment of this Act.

SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DERIVATIVES OF 
                    TRAFFICKING VICTIMS.

    (a) In General.--Section 240A(b)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(4)) is amended--
            (1) in the heading, by striking ``Children of battered 
        aliens'' inserting ``Battered aliens, children of battered 
        aliens, and derivative family members of trafficking 
        victims,'';
            (2) in subparagraph (A)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting a semicolon; and
                    (C) by adding at the end the following new clauses:
                            ``(iii) VAWA petitioner whose petition was 
                        approved based on having been battered or 
                        subjected to extreme cruelty by a United States 
                        citizen spouse, parent, or son or daughter and 
                        who is admissible and eligible for an immigrant 
                        visa;
                            ``(iv) VAWA petitioner whose petition was 
                        approved based on having been battered or 
                        subjected to extreme cruelty by a lawful 
                        permanent resident spouse or parent, who is 
                        admissible and would be eligible for an 
                        immigrant visa but for the fact that an 
                        immigrant visa is not immediately available to 
                        the alien, and who filed a petition for 
                        classification under section 204(a)(1)(B), if 
                        at least 3 years has elapsed since the 
                        petitioner's priority date; or
                            ``(v) an alien whom the Secretary of State 
                        determines would, but for an application or 
                        approval, meet the conditions for approval as a 
                        nonimmigrant described in section 
                        101(a)(15)(T)(ii).''; and
            (3) in subparagraph (B)--
                    (A) in the first sentence, by striking ``The grant 
                of parole'' and inserting ``(i) The grant of parole 
                under subparagraph (A)(i) or (A)(ii)'';
                    (B) in the second sentence, by striking ``covered 
                under this paragraph'' and inserting ``covered under 
                such subparagraphs'';
                    (C) in the last sentence, by inserting ``of 
                subparagraph (A)'' after ``clause (i) or (ii)''; and
                    (D) by adding at the end the following new clauses:
                    ``(ii) The grant of parole under subparagraph 
                (A)(iii) or (A)(iv) shall extend from the date of 
                approval of the applicable petition to the time the 
                application for adjustment of status filed by aliens 
                covered under such subparagraphs has been finally 
                adjudicated. Applications for adjustment of status 
                filed by aliens covered under such subparagraphs shall 
                be treated as if they were applications filed under 
                section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
                (B)(iii) for purposes of section 245 (a) and (c).
                    ``(iii) The grant of parole under subparagraph 
                (A)(v) shall extend from the date of the determination 
                of the Secretary of State described in such 
                subparagraph to the time the application for status 
                under section 101(a)(15)(T)(ii) has been finally 
                adjudicated. Failure by such an alien to exercise due 
                diligence in filing a visa petition on the alien's 
                behalf may result in revocation of parole.''.
    (b) Conforming Reference.--Section 212(d)(5) of such Act (8 U.S.C. 
1182(d)(5)) is amended by adding at the end the following new 
subparagraph:
    ``(C) Parole is provided for certain battered aliens, children of 
battered aliens, and parents of battered alien children under section 
240A(b)(4).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND 
                    TRAFFICKING FROM SANCTIONS FOR FAILURE TO DEPART 
                    VOLUNTARILY.

    (a) In General.--Section 240B(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229c(d)) is amended--
            (1) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The ineligibility for relief under paragraph (1) shall not 
apply to an alien who is a VAWA petitioner, who is seeking status as a 
nonimmigrant under subparagraph (T) or (U) of section 101(a)(15), or 
who is an applicant for relief under section 240A(b)(2) or under 
section 244(a)(3) (as in effect on March 31, 1997), if there is a 
connection between the failure to voluntarily depart and the battery or 
extreme cruelty, trafficking, or criminal activity, referred to in the 
respective provision.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply as if included in the enactment of the Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) 
and shall apply to failures to depart voluntarily occurring before, on, 
or after the date of the enactment of this Act.

SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF 
                    DOMESTIC VIOLENCE.

    (a) In General.--Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1430(a)) is amended by inserting after ``extreme cruelty 
by a United States citizen spouse or parent'' the following: ``, 
regardless of whether the lawful permanent resident status was obtained 
on the basis of such battery or cruelty''.
    (b) Use of Credible Evidence.--Such section is further amended by 
adding at the end the following: ``The provisions of section 
204(a)(1)(J) shall apply in acting on an application under this 
subsection in the same manner as they apply in acting on petitions 
referred to in such section.''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications for naturalization filed before, on, or after the date of 
the enactment of this Act.

SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF ADMISSIBILITY OR 
                    DEPORTABILITY BASED ON PROTECTED INFORMATION.

    (a) Application of Restrictions on Additional Departments.--Section 
384 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1367) is amended--
            (1) in subsection (a), as amended by section 1513(d) of 
        VAWA-2000--
                    (A) in the matter before paragraph (1), by striking 
                ``(including any bureau or agency of such Department)'' 
                and inserting ``, or the Secretary of Homeland 
                Security, the Secretary of State, the Secretary of 
                Health and Human Services, or the Secretary of Labor or 
                any other official or employee of the Department of 
                Homeland Security, the Department of State, the 
                Department of Health and Human Services, or the 
                Department of Labor (including any bureau or agency of 
                any such Department)''; and
                    (B) in paragraph (2), by striking ``of the 
                Department,'' and inserting ``of any such 
                Department,''; and
            (2) in subsection (b)--
                    (A) in paragraphs (1), by striking ``The Attorney 
                General may provide, in the Attorney General's 
                discretion'' and inserting ``The Attorney General, 
                Secretary of Homeland Security, Secretary of State, 
                Secretary of Health and Human Services, and Secretary 
                of Labor may provide, in each's discretion'';
                    (B) in paragraph (2), by striking ``The Attorney 
                General may provide in the discretion of the Attorney 
                General'' and inserting ``The Attorney General, 
                Secretary of Homeland Security, Secretary of State, 
                Secretary of Health and Human Services, and the 
                Secretary of Labor may provide, in each's discretion''; 
                and
                    (C) in paragraph (5), by striking ``is authorized 
                to disclose'' and inserting ``, Secretary of Homeland 
                Security, Secretary of State, Secretary of Health and 
                Human Services, and Secretary of Labor, or Attorney 
                General may disclose''.
    (b) Increasing Scope of Aliens and Information Protected.--
Subsection (a) of such section is amended--
            (1) in paragraph (1)--
                    (A) in the matter before subparagraph (A), by 
                striking ``furnished solely by'' and inserting 
                ``furnished by or derived from information provided 
                solely by'';
                    (B) by striking ``or'' at the end of subparagraph 
                (D);
                    (C) by adding ``or'' at the end of subparagraph 
                (E); and
                    (D) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) in the case of an alien applying for 
                continued presence as a victim of trafficking under 
                section 107(b)(1)(E)(i)(II)(bb) of the Trafficking 
                Protection Act of 2000 or status under section 
                101(a)(15)(T) of the Immigration and Nationality Act, 
                the trafficker or perpetrator,''; and
            (2) in paragraph (2)--
                    (A) by striking ``under clause (iii) or (iv) of 
                section 204(a)(1)(A), clause (ii) or (iii) of section 
                204(a)(1)(B)'' and inserting ``as a VAWA petitioner (as 
                defined in section 101(a)(51) of the Immigration and 
                Nationality Act), or under''; and
                    (B) by striking ``or section 244(a)(3) of such Act 
                as an alien (or the parent of a child) who has been 
                battered or subjected to extreme cruelty.'' and 
                inserting the following: ``, section 101(a)(15)(T), 
                section 214(c)(15), or section 240A(b)(2) of such Act, 
                or section 244(a)(3) of such Act (as in effect on March 
                31, 1997), or for continued presence as a victim of 
                trafficking under section 107(b)(1)(E)(i)(II)(bb) of 
                the Trafficking Protection Act of 2000, or any 
                derivative of the alien;''.
    (c) Providing for Congressional Review.--Subsection (b) of such 
section is amended by adding at the end the following new paragraph:
            ``(6) Subsection (a) shall not apply to prevent the 
        Attorney General and the Secretary of Homeland Security from 
        disclosing to the chairmen and ranking members of the Judiciary 
        Committees of the House of Representatives and of the Senate in 
        the exercise of Congressional oversight authority information 
        on closed cases under this section in a manner that protects 
        the confidentiality of such information and that omits 
        personally identifying information (including locational 
        information about individuals).''.
    (d) Application to Juvenile Special Immigrants.--Subsection (a) of 
such section, as amended by subsection (b)(2)(B), is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by adding ``or'' at the end of paragraph (2); and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) in the case of an alien described in section 
        101(a)(27)(J) of the Immigration and Nationality Act who has 
        been abused, neglected, or abandoned, contact the alleged 
        abuser (or family member of the alleged abuser) at any stage of 
        applying for special immigrant juvenile status, including after 
        a request for the consent of the Secretary of Homeland Security 
        under clause (iii)(I) of such section.''.
    (e) Improved Enforcement.--Subsection (c) of such section is 
amended by adding at the end the following: ``The Office of 
Professional Responsibility in the Department of Justice shall be 
responsible for carrying out enforcement under the previous 
sentence.''.
    (f) Certification of Compliance in Removal Proceedings.--
            (1) In general.--Section 239 of the Immigration and 
        Nationality Act (8 U.S.C. 1229) is amended by adding at the end 
        the following new subsection:
    ``(e) Certification of Compliance With Restrictions on 
Disclosure.--Removal proceedings shall not be initiated against an 
alien unless there is a certification of either of the following:
            ``(1) No enforcement action was taken leading to such 
        proceedings against the alien--
                    ``(A) at a domestic violence shelter, a victims 
                services organization or program (as described in 
                section 2003(8) of the Omnibus Crime Control and Safe 
                Streets Act of 1968), a rape crisis center, a family 
                justice center, or a supervised visitation center; or
                    ``(B) at a courthouse (or in connection with the 
                appearance of the alien at a courthouse) if the alien 
                is appearing in connection with a protection order 
                case, child custody case, or other civil or criminal 
                case relating to domestic violence, sexual assault, 
                trafficking, or stalking in which the alien has been 
                battered or subject to extreme cruelty or if the alien 
                is described in subparagraph (T) or (U) of section 
                101(a)(15).
            ``(2) Such an enforcement action was taken, but the 
        provisions of section 384(a)(1) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 have been 
        complied with.''.
            (2) Compliance.--Section 384(c) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (division C of 
        Public Law 104-208; 8 U.S.C. 1367(c)) is amended by inserting 
        ``or who knowingly makes a false certification under section 
        239(e) of the Immigration and Nationality Act'' after ``in 
        violation of this section''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
violations or disclosures made on or after such date.

SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT LEGAL RIGHTS AND 
                    RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC 
                    VIOLENCE.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General and the Secretary of State, 
shall develop consistent and accurate materials, including an 
information pamphlet described in subsection (b), on legal rights and 
resources for immigrant victims of domestic violence for dissemination 
to applicants for K nonimmigrant visas. In preparing such materials, 
the Secretary shall consult with non-governmental organizations with 
expertise on the legal rights of immigrant victims of battery, extreme 
cruelty, sexual assault and other crimes.
    (b) Information Pamphlet.--The information pamphlet developed under 
subsection (a) shall include information on the following:
            (1) The K nonimmigrant visa application process and the 
        marriage-based immigration process, including conditional 
        residence and adjustment of status.
            (2) The illegality of domestic violence, sexual assault, 
        and child abuse in the United States and the dynamics of 
        domestic violence.
            (3) Domestic violence and sexual assault services in the 
        United States, including the National Domestic Violence Hotline 
        and the National Sexual Assault Hotline.
            (4) The legal rights of immigrant victims of abuse and 
        other crimes in immigration, criminal justice, family law, and 
        other matters.
            (5) The obligations of parents to provide child support for 
        children.
            (6) Marriage fraud under United States immigration laws and 
        the penalties for committing such fraud.
            (7) A warning concerning the potential use of K 
        nonimmigrant visas by individuals who have a history of 
        committing domestic violence, sexual assault, or child abuse.
    (c) Summaries.--The Secretary of Homeland Security, in consultation 
with the Attorney General and the Secretary of State, shall develop 
summaries of the pamphlet developed under subsection (a) that shall be 
used by consular officers when reviewing the pamphlet in interviews 
under section (e)(2).
    (d) Translation.--
            (1) In general.--In order to best serve the language groups 
        having the greatest concentration of K nonimmigrant visa 
        applicants, the information pamphlet under subsection (b) 
        shall, subject to paragraph (2), be translated by the Secretary 
        of State into the following languages: Russian, Spanish, 
        Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, 
        Japanese, French, Arabic, Portuguese, and Hindi.
            (2) Revision.--Every two years, the Secretary of Homeland 
        Security, in consultation with the Attorney General and the 
        Secretary of State, shall determine the specific languages into 
        which the information pamphlet is translated based on the 
        languages spoken by the greatest concentrations of K 
        nonimmigrant visa applicants.
    (e) Availability and Distribution.--The information pamphlet 
developed under subsection (a) shall be made available and distributed 
as follows:
            (1) Mailings to k nonimmigrant visa applicants.--
                    (A) The pamphlet shall be mailed by the Secretary 
                of State to each applicant for a K nonimmigrant visa at 
                the same time that the instruction packet regarding the 
                visa application process is mailed to such applicant. 
                The pamphlet so mailed shall be in the primary language 
                of the applicant, or in English if no translation into 
                the applicant's primary language is available.
                    (B) In addition, in the case of an applicant for a 
                nonimmigrant visa under section 101(a)(15)(K)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(K)(i)) the Secretary of Homeland Security 
                shall provide to the Secretary of State, for inclusion 
                in the mailing under subparagraph (A), a copy of the 
                petition submitted by the petitioner for such applicant 
                under section 214(d) of such Act (8 U.S.C. 1184(d)).
                    (C) The Secretary of Homeland Security shall 
                provide to the Secretary of State any criminal 
                background information the Secretary of Homeland 
                Security possesses with respect to a petitioner under 
                such section 214(d). The Secretary of State, in turn, 
                shall share any such criminal background information 
                that is in the public record with the nonimmigrant visa 
                applicant who is the beneficiary of the petition. The 
                visa applicant shall be informed that such criminal 
                background information is based on available records 
                and may not be complete. The Secretary of State also 
                shall provide for the disclosure of such criminal 
                background information to the visa applicant at the 
                consular interview in the primary language of the visa 
                applicant. Nothing in this subparagraph shall be 
                construed to authorize the Secretary of Homeland 
                Security to conduct any new or additional criminal 
                background check that is not otherwise conducted in the 
                course of adjudicating such petitions.
            (2) Consular interviews.-- The pamphlet shall be 
        distributed directly to K nonimmigrant visa applicants at all 
        consular interviews for such visas. The consular officer 
        conducting the visa interview shall review the pamphlet and 
        summary with the applicant orally in the applicant's primary 
        language, in addition to distributing the pamphlet to the 
        applicant in English.
            (3) Consular access.--The pamphlet shall be made available 
        to the public at all consular posts. Summaries of the pamphlets 
        under subsection (c) shall be made available to foreign service 
        officers at all consular posts.
            (4) Posting on state department website.--The pamphlet 
        shall be posted on the website of the Department of State as 
        well as on the websites of all consular posts processing K 
        nonimmigrant visa applications.
    (f) K Nonimmigrant Defined.--For purposes of this section, the term 
``K nonimmigrant visa'' means a nonimmigrant visa under clause (i) or 
(ii) of section 101(a)(15)(K) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(K)).

SEC. 923. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to provide for 
adjudication of petitions and adjustment applications of VAWA 
petitioners (as defined in section 101(a)(51) of the Immigration and 
Nationality Act, as added by section 911(a)) and of aliens seeking 
status as nonimmigrants under subparagraph (T) or (U) of section 
101(a)(15) of such Act.

                  Subtitle C--Miscellaneous Provisions

SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY REQUIREMENT FOR 
                    BATTERED ADOPTED CHILDREN.

    (a) In General.--Section 101(b)(1)(E)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting 
after ``at least two years'' the following: ``or if the child has been 
battered or subject to extreme cruelty by the adopting parent or by a 
family member of the adopting parent residing in the same household''.
    (b) Conforming Naturalization Amendment.--Section 320(a)(3) of such 
Act (8 U.S.C. 1431(a)(3)) is amended by inserting before the period at 
the end the following: ``or the child is residing in the United States 
pursuant to a lawful admission for permanent residence and has been 
battered or subject to extreme cruelty by the citizen parent or by a 
family member of the citizen parent residing in the same household ''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications pending or filed on or after such date.

SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY FOR VAWA 
                    PETITIONERS.

    (a) Waiver of False Claim of U.S. Citizenship.--
            (1) In general.--Section 212(i)(1) of such Act (8 U.S.C. 
        1182(i)(1)) is amended by inserting ``(and, in the case of a 
        VAWA petitioner who demonstrates a connection between the false 
        claim of United States citizenship and the petitioner being 
        subjected to battery or extreme cruelty, clause (ii))'' after 
        ``clause (i)''.
            (2) Conforming reference.--Section 212(a)(6)(C)(iii) of 
        such Act (8 U.S.C. 1182(a)(6)(C)(iii)) is amended by striking 
        ``clause (i)''and inserting ``clauses (i) and (ii)''.
    (b) Exemption From Public Charge Ground.--
            (1) In general.--Section 212(a)(4) of such Act (8 U.S.C. 
        1182(a)(4)) is amended by adding at the end the following new 
        subparagraph:
                    ``(E) Special rule for battered aliens.--
                Subparagraphs (A) through (C) shall not apply to an 
                alien who is a VAWA petitioner or is a qualified alien 
                described in section 431(c) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996.''.
            (2) Conforming amendment.--Section 212(a)(4)(C)(i) of such 
        Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows:
                            ``(i) the alien is described in 
                        subparagraph (E); or''.
    (c) Effective Date.--Except as provided in this section, the 
amendments made by this section shall take effect on the date of the 
enactment of this Act and shall apply regardless of whether the 
conviction was entered, crime, or disqualifying event occurred before, 
on, or after such date.

SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN 
                    NONIMMIGRANTS.

    (a) In General.--Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by sections 403(a) and 404(a) of the 
REAL ID Act of 2005 (division B of Public Law 109-13), is amended by 
adding at the end the following new paragraph:
    ``(15) In the case of an alien spouse admitted under subparagraph 
(A), (E)(iii), (G), or (H) of section 101(a)(15) who is accompanying or 
following to join a principal alien admitted under subparagraph (A), 
(E)(iii), (G), or (H)(i) of such section, respectively, the Secretary 
of Homeland Security shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
`employment authorized' endorsement or other appropriate work permit if 
the alien spouse demonstrates that during the marriage the alien spouse 
or a child of the alien spouse has been battered or has been the 
subject to extreme cruelty perpetrated by the spouse of the alien 
spouse. Requests for relief under this paragraph shall be handled under 
the procedures that apply to aliens seeking relief under section 
204(a)(1)(A)(iii).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
aliens who obtained the status of an alien spouse before, on, or after 
such date.

SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDITIONAL PERMANENT 
                    RESIDENCE FOR INTENDED SPOUSES.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``, or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) the alien meets the requirements under 
                section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the 
                marriage ceremony has been battered by or was subject 
                to extreme cruelty perpetrated by his or her intended 
                spouse and was not at fault in failing to meet the 
                requirements of paragraph (1).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply as if included in the enactment of VAWA-2000.

SEC. 935. CANCELLATION OF REMOVAL.

    (a) Clarifying Application of Domestic Violence Waiver Authority in 
Cancellation of Removal.--
            (1) In general.--Section 240A(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(b)) is amended--
                    (A) in paragraph (1)(C)--
                            (i) by inserting ``subject to paragraph 
                        (5),'' after ``(C)''; and
                            (ii) by striking ``(except in a case 
                        described in section 237(a)(7) where the 
                        Attorney General exercises discretion to grant 
                        a waiver)'';
                    (B) in paragraph (2)(A), by amending clause (iv) to 
                read as follows:
                            ``(iv) subject to paragraph (5), the alien 
                        is not inadmissible under paragraph (2) or (3) 
                        of section 212(a), is not removable under 
                        paragraph (2), (3)(D), or (4) of section 
                        237(a), and is not removable under section 
                        237(a)(1)(G) (except if there was a connection 
                        between the marriage fraud described in such 
                        section and the battery or extreme cruelty 
                        described in clause (i)); and ''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) Application of domestic violence waiver authority.--
        The provisions of section 237(a)(7) shall apply in the 
        application of paragraphs (1)(C) and (2)(A)(iv) (including 
        waiving grounds of deportability) in the same manner as they 
        apply under section 237(a). In addition, for purposes of such 
        paragraphs and in the case of an alien who has been battered or 
        subjected to extreme cruelty and if there was a connection 
        between the inadmissibility or deportability and such battery 
        or cruelty with respect to the activity involved, the Attorney 
        General may waive, in the sole unreviewable discretion of the 
        Attorney General, any other ground of inadmissibility or 
        deportability for which a waiver is authorized under section 
        212(h), 212(d)(13), 212(d)(14), or 237(a)(2)(A)(v), and the 
        exception described in section 204(a)(1)(C) shall apply.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply as if included in the enactment of section 1504(a) 
        of VAWA-2000.
    (b) Clarifying Nonapplication of Cancellation Cap.--
            (1) In general.--Section 240A(e)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(e)(3)) is amended by adding at 
        the end the following new subparagraph:
                    ``(C) Aliens with respect to their cancellation of 
                removal under subsection (b)(2).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to cancellations of removal occurring on or after 
        October 1, 2004.

SEC. 936. MOTIONS TO REOPEN.

    (a) Removal Proceedings.--
            (1) In general.--Section 240(c)(7) of the Immigration and 
        Nationality Act (8 U.S.C. 1230(c)(7)), as redesignated by 
        section 101(d)(1) of the REAL ID Act of 2005 (division B of 
        Public Law 109-13), is amended--
                    (A) in subparagraph (A), by inserting ``, except 
                that this limitation shall not apply so as to prevent 
                the filing of one motion to reopen described in 
                subparagraph (C)(iv)'' before the period at the end; 
                and
                    (B) in subparagraph (C)--
                            (i) in the heading of clause (iv), by 
                        striking ``spouses and children'' and inserting 
                        ``spouses, children, and parents'';
                            (ii) in the matter before subclause (I) of 
                        clause (iv), by striking ``The deadline 
                        specified in subsection (b)(5)(C) for filing a 
                        motion to reopen does not apply'' and inserting 
                        ``Any limitation under this section on the 
                        deadlines for filing such motions shall not 
                        apply'';
                            (iii) in clause (iv)(I), by inserting ``or 
                        section 244(a)(3) (as in effect on March 31, 
                        1997)'' after ``section 240A(b)(2)'';
                            (iv) by striking ``and'' at the end of 
                        clause (iv)(II);
                            (v) by striking the period at the end of 
                        clause (iv)(III) and inserting ``; and''; and
                            (vi) by adding at the end the following:
                                    ``(IV) if the alien is physically 
                                present in the United States at the 
                                time of filing the motion.
                        The filing of a motion to reopen under this 
                        clause shall stay the removal of the alien 
                        pending final disposition of the motion 
                        including exhaustion of all appeals if the 
                        motion establishes a prima facie case for the 
                        relief applied for.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (b) Deportation and Exclusion Proceedings.--
            (1) In general.--Section 1506(c)(2) of VAWA-2000 is 
        amended--
                    (A) in the matter before clause (i) of subparagraph 
                (A), by striking ``Notwithstanding any limitation 
                imposed by law on motions to reopen or rescind 
                deportation'' inserting ``Notwithstanding any 
                limitation on the number of motions, or the deadlines 
                for filing motions (including the deadline specified in 
                section 242B(c)(3) of the Immigration and Nationality 
                Act before the title III-A effective date), to reopen 
                or rescind deportation or exclusion'';
                    (B) in the matter before clause (i) of subparagraph 
                (A), by striking ``there is no time limit on the filing 
                of a motion'' and all that follows through ``does not 
                apply'' and inserting ``such limitations shall not 
                apply to the filing of a single motion under this 
                subparagraph to reopen such proceedings'';
                    (C) by adding at the end of subparagraph (A) the 
                following:
                ``The filing of a motion under this subparagraph shall 
                stay the removal of the alien pending a final 
                disposition of the motion including the exhaustion of 
                all appeals if the motion establishes a prima facie 
                case for the relief applied for. '';
                    (D) in subparagraph (B), by inserting ``who are 
                physically present in the United States and'' after 
                ``filed by aliens''; and
                    (E) in subparagraph (B)(i), by inserting ``or 
                exclusion'' after ``deportation''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.

SEC. 937. REMOVAL PROCEEDINGS.

    (a) Treatment of Battery or Extreme Cruelty as Exceptional 
Circumstances.--Section 240(e)(1) of such Act (8 U.S.C. 1230(e)(1)) is 
amended by inserting ``battery or extreme cruelty of the alien or any 
child or parent of the alien or'' after ``exceptional circumstances 
(such as''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
a failure to appear that occurs before, on, or after such date.

SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPORTATION PARALLEL TO 
                    THE RELIEF AVAILABLE IN VAWA-2000 CANCELLATION FOR 
                    BIGAMY.

     Section 244(a)(3) of the Immigration and Nationality Act (as in 
effect before the title III-A effective date in section 309 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) 
shall be applied as if ``or by a United States citizen or lawful 
permanent resident whom the alien intended to marry, but whose marriage 
is not legitimate because of that United States citizen's or permanent 
resident's bigamy'' were inserted after ``by a spouse or parent who is 
a United States citizen or lawful permanent resident''.

SEC. 939. CORRECTION OF CROSS-REFERENCE TO CREDIBLE EVIDENCE 
                    PROVISIONS.

    (a) Cuban Adjustment Provision.--The last sentence of the first 
section of Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note), as 
amended by section 1509(a) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (b) NACARA.--Section 202(d)(3) of the Nicaraguan Adjustment and 
Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), 
as amended by section 1510(a)(2) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (c) IIARAIRA.--Section 309(c)(5)(C)(iii) of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 1996 (division C of 
Public Law 104-208; 8 U.S.C. 1101 note), as amended by section 
1510(b)(2) of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and 
inserting ``204(a)(1)(J)''.
    (d) HRIFA.--Section 902(d)(1)(B)(iii) of the Haitian Refugee 
Immigration Fairness Act of 1998 (division A of section 101(h) of 
Public Law 105-277; 112 Stat. 2681-538), as amended by section 1511(a) 
of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and inserting 
``204(a)(1)(J)''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of VAWA-2000.

SEC. 940. TECHNICAL CORRECTIONS.

    (a) Technical Corrections to References in Application of Special 
Physical Presence and Good Moral Character Rules.--
            (1) Physical presence rules.--Section 240A(b)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is 
        amended--
                    (A) in the first sentence, by striking 
                ``(A)(i)(II)'' and inserting ``(A)(ii)''; and
                    (B) in the fourth sentence, by striking ``section 
                240A(b)(2)(B)'' and inserting ``this subparagraph, 
                subparagraph (A)(ii),''.
            (2) Moral character rules.--Section 240A(b)(2)(C) of such 
        Act (8 U.S.C. 1229b(b)(2)(C)) is amended by striking 
        ``(A)(i)(III)'' and inserting ``(A)(iii)''.
            (3) Effective date.--The amendments made by this subsection 
        shall be effective as if included in the enactment of section 
        1504(a) of VAWA (114 Stat. 1522).
    (b) Correction of Cross-Reference Error in Applying Good Moral 
Character.--
            (1) In general.--Section 101(f)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking 
        ``(9)(A)'' and inserting ``(10)(A)''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective as if included in the enactment of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (Public Law 104-208).
    (c) Punctuation Correction.--Effective as if included in the 
enactment of section 5(c)(2) of VAWA-2000, section 237(a)(1)(H)(ii) of 
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended 
by striking the period at the end and inserting ``; or''.
    (d) Correction of Designation and Indentation.--The last sentence 
of section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA-2000, is 
amended--
            (1) by striking ``section 212(a)(9)(C)(i)'' and inserting 
        ``clause (i)'';
            (2) by redesignating paragraphs (1) and (2), and 
        subparagraphs (A) through (D) of paragraph (2), as subclauses 
        (I) and (II), and items (aa) through (dd) of subclause (II), 
        respectively; and
            (3) by moving the margins of each of such paragraphs and 
        subparagraphs 6 ems to the right.
    (e) Additional Technical Corrections.--(1) Section 
237(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1227(a)(7)(A)(i)(I)) is 
amended by striking ``is self-defense'' and inserting ``in self-
defense''.
    (2) Section 245(l)(2)(B) of such Act (8 U.S.C. 1255(l)(2)(B)) is 
amended by striking ``(10(E))'' and inserting ``(10)(E))''.

                    TITLE X--SAFETY ON TRIBAL LANDS

SEC. 1001. PURPOSES.

    The purposes of this title are--
            (1) to decrease the incidence of domestic violence, dating 
        violence, sexual assault, and stalking on Tribal lands;
            (2) to strengthen the capacity of Indian tribes to exercise 
        their sovereign authority to respond to domestic violence, 
        dating violence, sexual assault, and stalking on Tribal lands 
        under their jurisdiction; and
            (3) to ensure that perpetrators of domestic violence, 
        dating violence, sexual assault, and stalking on Tribal lands 
        are held accountable for their criminal behavior.

SEC. 1002. CONSULTATION.

    (a) In General.--The Secretary of the Interior and the Attorney 
General shall each conduct annual consultations with Indian tribal 
governments concerning the Federal administration of tribal funds and 
programs established under the Violence Against Women Act of 1994 
(title IV of Public Law 103-322) and the Violence Against Women Act of 
2000 (division B of Public Law 106-386), including consultation 
concerning--
            (1) the timeliness of the Federal grant application and 
        award processes;
            (2) the amounts awarded under each program directly to 
        tribal governments, tribal organizations, and tribal nonprofit 
        organizations;
            (3) determinations not to award grant funds;
            (4) grant awards made in violation of the eligibility 
        guidelines to a nontribal entity; and
            (5) training, technical assistance, and data collection 
        grants for tribal grant programs or programs addressing the 
        safety of Indian women.
    (b) Recommendations.--During consultations under subsection (a), 
the Secretary and the Attorney General shall solicit recommendations 
from Indian tribes concerning--
            (1) administering tribal funds and programs;
            (2) enhancing the safety of Indian women from domestic 
        violence, dating violence, sexual assault, and stalking; and
            (3) strengthening the Federal response to such violent 
        crimes.

SEC. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON TRIBAL LANDS.

    (a) National Baseline Study.--The Attorney General, acting through 
the Director of the Office on Violence Against Women, shall conduct a 
national baseline study to examine violence against Indian women.
    (b) Scope.--
            (1) In general.--The study shall examine violence committed 
        against Indian women, including--
                    (A) domestic violence;
                    (B) dating violence;
                    (C) sexual assault;
                    (D) stalking; and
                    (E) murder.
            (2) Evaluation.--The study shall evaluate the effectiveness 
        of Federal, State, tribal, and local responses to the 
        violations described in paragraph (1) committed against Indian 
        women.
    (c) Task Force.--
            (1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, shall 
        establish a task force to assist in the development and 
        implementation of the study under subsection (a).
            (2) Members.--The Director shall appoint to the task force 
        representatives from--
                    (A) national tribal domestic violence and sexual 
                assault nonprofit organizations;
                    (B) tribal governments; and
                    (C) the National Congress of American Indians.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit to Congress a report that 
describes the findings made in the study.
    (e) Authorization of appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2006 and 2007, to remain available until expended.

SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS.

    (a) Access to Federal Criminal Information Databases.--Section 534 
of title 28, United States Code, is amended--
            (1) by redesignating subsections (d) and (e) as subsection 
        (e) and (f); and
            (2) by inserting after subsection (c) the following:
    ``(d) Indian Law Enforcement Agencies.--The Attorney General shall 
permit Indian law enforcement agencies, in cases of domestic violence, 
dating violence, sexual assault, and stalking, to enter information 
into Federal criminal information databases and to obtain information 
from the databases, including information relating to--
            ``(1) identification records;
            ``(2) criminal history records;
            ``(3) protection orders; and
            ``(4) wanted person records.''.
    (b) Tribal Registry.--
            (1) Establishment.--The Attorney General shall contract 
        with any interested Indian tribe, tribal organization, or 
        tribal nonprofit organization to develop and maintain--
                    (A) a national tribal sex offender registry; and
                    (B) a tribal protection order registry containing 
                civil and criminal orders of protection issued by 
                Indian tribes and participating jurisdictions.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2006 through 2010, to remain available 
        until expended.

SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE AGAINST WOMEN.

    Part T of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended by adding after section 2015 (as added by section 604 of this 
Act) the following:

``SEC. 2016. TRIBAL DIVISION.

    ``(a) In General.--The Director of the Office on Violence Against 
Women shall designate one or more employees, each of whom shall have 
demonstrated expertise in tribal law and practice regarding domestic 
violence, dating violence, sexual assault, and stalking against members 
of Indian tribes, to be responsible for--
            ``(1) overseeing and managing the administration of grants 
        to and contracts with Indian tribes, tribal courts, tribal 
        organizations, tribal nonprofit organizations and the 
        territories;
            ``(2) ensuring that, if a grant or a contract pursuant to 
        such a grant is made to an organization to perform services 
        that benefit more than one Indian tribe, the approval of each 
        Indian tribe to be benefited shall be a prerequisite to the 
        making of the grant or letting of the contract;
            ``(3) assisting in the development of Federal policy, 
        protocols, and guidelines on matters relating to domestic 
        violence, dating violence, sexual assault, and stalking against 
        members of Indian tribes;
            ``(4) advising the Director of the Office on Violence 
        Against Women concerning policies, legislation, implementation 
        of laws, and other issues relating to domestic violence, dating 
        violence, sexual assault, and stalking against members of 
        Indian tribes;
            ``(5) representing the Office on Violence Against Women in 
        the annual consultations under section 1002 of the Violence 
        Against Women Reauthorization Act of 2005;
            ``(6) providing assistance to the Department of Justice to 
        develop policy and to enforce Federal law relating to domestic 
        violence, dating violence, sexual assault, and stalking against 
        members of Indian tribes;
            ``(7) maintaining a liaison with the judicial branches of 
        Federal, State and tribal governments on matters relating to 
        domestic violence, dating violence, sexual assault, and 
        stalking against members of Indian tribes; and
            ``(8) ensuring that adequate tribal training, technical 
        assistance, and data collection is made available to Indian 
        tribes, tribal courts, tribal organizations, and tribal 
        nonprofit organizations for all programs relating to domestic 
        violence, dating violence, sexual assault, and stalking against 
        members of Indian tribes.
    ``(b) Authority.--
            ``(1) In general.--The Director shall ensure that a portion 
        of the tribal set-aside funds from any grant awarded under the 
        Violence Against Women Act of 1994 (title IV of Public Law 103-
        322) or the Violence Against Women Act of 2000 (division B of 
        Public Law 106-386) is used to enhance the capacity of Indian 
        tribes to address the safety of members of Indian tribes.
            ``(2) Accountability.--The Director shall ensure that some 
        portion of the tribal set-aside funds from any grant made under 
        this part is used to hold offenders accountable through--
                    ``(A) enhancement to the response of Indian tribes 
                to crimes of domestic violence, dating violence, sexual 
                assault, and stalking against Indian women, including 
                legal services for victims and Indian-specific offender 
                programs;
                    ``(B) development and maintenance of tribal 
                domestic violence shelters or programs for battered 
                members of Indian tribes, including sexual assault 
                services, that are based upon the unique circumstances 
                of the members of Indian tribes to be served;
                    ``(C) development of tribal educational awareness 
                programs and materials;
                    ``(D) support for customary tribal activities to 
                strengthen the intolerance of an Indian tribe to 
                violence against memberes of Indian tribes; and
                    ``(E) development, implementation, and maintenance 
                of tribal electronic databases for tribal protection 
                order registries.

``SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--Of the amounts set aside for Indian 
        tribes and tribal organizations in a program referred to in 
        paragraph (2), the Attorney General, through the Director of 
        the Office of Violence Against Women (referred to in this 
        section as the ``Director''), shall take such setasides and 
        combine them to establish the Safety for Indian Women Formula 
        Grants Program, a single formula grant program to enhance the 
        response of Indian tribal governments to address domestic 
        violence, sexual assault, dating violence, and stalking. Grants 
        made under this program shall be administered by the Tribal 
        Division of the Office on Violence Against Women.
            ``(2) Programs covered.--The programs covered by paragraph 
        (1) are the programs carried out under the following 
        provisions:
                    ``(A) Section 2007 (42 U.S.C. 3796gg-1), Grants to 
                Combat Violent Crimes Against Women.
                    ``(B) Section 2101 (42 U.S.C. 3796hh), Grants to 
                Encourage Arrest Policies.
                    ``(C) Section 1201 of the Violence Against Women 
                Act of 2000 (42 U.S.C. 3796gg-6), Legal Assistance for 
                Vicitms.
                    ``(D) Section 1301 of the Violence Against Women 
                Act of 2000 (42 U.S.C. 10420), Safe Havens for Children 
                Pilot Program.
                    ``(E) Section 40295 of the Violence Against Women 
                Act of 1994 (42 U.S.C. 13971), Rural Domestic Violence 
                and Child Abuser Enforcement Assistance.
                    ``(F) Section 41002 of the Violence Against Women 
                Act of 1994, Grants for Court Training and 
                Improvements.
                    ``(G) Section 2014(b) Sexual Assault Services 
                Program, Grants to States, Territories and Indian 
                Tribes.
                    ``(H) Title VII, section 41201, Grants for Training 
                and Collaboration on the Intersection Between Domestic 
                Violence and Child Maltreatment. Section 41202, 
                Services to Advocate For and Respond to Teens.
                    ``(I) Section 704, Grants to Combat Domestic 
                Violence, Dating Violence, Sexual Assault, and Stalking 
                In Middle And High Schools.
    ``(b) Purpose of Program and Grants.--
            ``(1) General program purpose.--The purpose of the program 
        required by this section is to assist Indian tribal governments 
        to develop and enhance effective governmental strategies to 
        curtail violent crimes against and increase the safety of 
        members of Indian tribes consistent with tribal law and custom, 
        specifically the following:
                    ``(A) To increase tribal capacity to respond to 
                domestic violence, dating violence, sexual assault, and 
                stalking crimes against members of Indian tribes.
                    ``(B) To strengthen tribal justice interventions 
                including tribal law enforcement, prosecution, courts, 
                probation, correctional facilities; and enhance 
                services to members of Indian tribes victimized by 
                domestic violence, dating violence, sexual assault, and 
                stalking.
            ``(2) Purposes for which grants may be used.--The Director 
        may make grants to Indian tribes for the purpose of enhancing 
        participating tribes' capacity to address the safety of members 
        of Indian tribes. Each participating tribe shall exercise its 
        right of self-determination and self-governance in allocating 
        and using funds made available under the program. Each 
        participating tribe may use funds under the program to support 
        its specific tribally based response to increasing the safety 
        of members of Indian tribes. Grants under the program shall 
        support the governmental efforts identified by the Indian tribe 
        required according to its distinctive ways of life to increase 
        the safety of members of Indian tribes from crimes of sexual 
        assault, domestic violence, dating violence, stalking, 
        kidnapping, and murder.
    ``(c) Disbursement.--Not later than 120 days after the receipt of 
an application under this section, the Attorney General, through the 
Director, shall--
            ``(1) disburse the appropriate sums provided for under this 
        section; or
            ``(2) inform the Indian tribe why the application does not 
        conform to the terms of the application requirements.
    ``(d) Required Procedures.--
            ``(1) Deadline to provide notice.--No later than 60 days 
        after receiving an appropriation of funds supporting the 
        program required by this section, Director shall--
                    ``(A) publish in the Federal Register notification 
                of--
                            ``(i) the availability of those funds to 
                        Indian tribes;
                            ``(ii) the total amount of funds available; 
                        and
                            ``(iii) the process by which tribes may 
                        participate in the program; and
                    ``(B) mail each Indian tribe a notification of the 
                matters required by subparagraph (A), together with 
                instructions on the process, copies of application 
                forms, and a notification of the deadline for 
                submission of an application.
            ``(2) Deadline to make funds available.--No later than 180 
        days after receiving an appropriation referred to in paragraph 
        (1), the Director shall distribute and make accessible those 
        funds to Indian tribes opting to participate in the program.
            ``(3) Formula.--The Director shall distribute those funds 
        according to the following formula: --
                    ``(A) 60 percent of the available funds shall be 
                allocated equally to all Indian tribes who exercise the 
                option to access the funds,
                    ``(B) The remaining 40 percent shall be allocated 
                to the same Indian tribes on a per capita basis, 
                according to the population residing in the respective 
                Indian tribe's service area.
            ``(4) Set-aside.--No later than 120 days after receiving an 
        appropriation referred to in paragraph (1), the Director shall 
        set aside not less than 5 percent and up to 7 percent of the 
        total amount of those funds for the purpose of entering into a 
        cooperative agreement or contract with one or more tribal 
        organizations with demonstrated expertise in providing training 
        and technical assistance to Indian tribes in addressing 
        domestic violence, dating violence, sexual assault, and 
        stalking against members of Indian tribes, tribal law, and 
        customary pratices. At least one of the cooperative agreements 
        or contracts shall be entered into with a single tribal 
        organization to provide comprehensive technical assistance to 
        participating tribal governments. Such training and technical 
        assistance shall be specifically designed to address the unique 
        legal unique legal status, distinct cultural ways of life, and 
        geographic circumstances of the Indian tribes receiving funds 
        under the program.
    ``(e) Recipient Requirements.--
            ``(1) In general.--Indian tribes may receive funds under 
        the program required by this section as individual tribes or as 
        a consortium of tribes.
            ``(2) Subgrants and other arrangements.--Participating 
        tribes may make subgrants or enter into contracts or 
        cooperative agreements with the funds under the program to 
        enhance the safety of, and end domestic violence, dating 
        violence, sexual assault, and stalking against, members of 
        Indian tribes.
            ``(3) Set aside.--Participating tribes must set aside no 
        less than 50 percent of their total allocation under this 
        section for tribally specific domestic violence, dating 
        violence, sexual assault, or stalking victim services and 
        advocacy for members of Indian tribes. The services supported 
        with funds under the program must be designed to address the 
        unique circumstances of the individuals to be served, including 
        the customary practices and linguistic needs of the individuals 
        within the tribal community to be served. Tribes shall give 
        preference to tribal organizations or tribal nonprofit 
        organizations providing advocacy services to members of Indian 
        tribes within the community to be served such as a safety 
        center or shelter program for members of Indian tribes. In the 
        case where the above organizations do not exist within the 
        participating tribe, the participation and support from members 
        of Indian tribes in the community to be served is sufficient to 
        meet this requirement.
    ``(f) Administration Requirements.--
            ``(1) Application.--To reduce the administrative burden for 
        Indian tribes, the Director shall prepare an expedited 
        application process for Indian tribes participating in the 
        program required by this section. The expedited process shall 
        facilitate participating tribes' submission of information--
                    ``(A) outlining project activities;
                    ``(B) describing how the project activities will 
                enhance the Indian tribe's response to domestic 
                violence, dating violence, sexual assault, and stalking 
                against members of Indian tribes; and
                    ``(C) identifying the tribal partner providing 
                advocacy and related services for members of Indian 
                tribes who are victims of crimes of domestic violence, 
                dating violence, sexual assault, and stalking.
            ``(2) Reporting and evaluation.--The Director shall 
        alleviate administrative burdens upon participating Indian 
        tribes by--
                    ``(A) developing a reporting and evaluation process 
                relevant to the distinct governance of Indian tribes;
                    ``(B) requiring only essential data to be 
                collected; and
                    ``(C) limiting reporting to an annual basis.
            ``(3) Grant period.--The Director shall award grants for a 
        two-year period, with a possible extension of another two years 
        to implement projects under the grant.
    ``(g) Presumption That Matching Funds not Required.--
            ``(1) In general.--Given the unique political relationship 
        between the United States and Indian tribes differentiates 
        tribes from other entities that deal with or are affected by, 
        the Federal Government, the Director shall not require an 
        Indian tribe to match funds under this section, except as 
        provided in paragraph (2).
            ``(2) Exception.--If the Director determines that an Indian 
        tribe has adequate resources to comply with a matching 
        requirement that would otherwise apply but for the operation of 
        paragraph (1), the Director may waive the operation of 
        paragraph (1) for that tribe.
    ``(h) Evaluation.--The Director shall award a contract or 
cooperative agreement to evaluate programs under this section to an 
entity with the demonstrated expertise in domestic violence, dating 
violence, sexual assault, and stalking and knowledge and experience 
in--
            ``(1) the development and delivery of services to members 
        of Indian tribes who are victimized;
            ``(2) the development and implementation of tribal 
        governmental responses to such crimes; and
            ``(3) the traditional and customary practices of Indian 
        tribes to such crimes.''.

SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF PROSECUTION OF SEXUAL 
                    ASSAULT AND DOMESTIC VIOLENCE ON TRIBAL LANDS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this section, the Comptroller General of the United States shall 
submit to the Congress a report on the prosecution of sexual assault 
and domestic violence committed against adult American Indians and 
Alaska Natives.
    (b) Contents of Report.--The report required by subsection (a) 
shall include the following:
            (1) An assessment of the effectiveness of prosecution of 
        such cases by the United States district attorneys of such 
        cases.
            (2) For each district containing Indian country, a summary 
        of the number of sexual assault and domestic violence related 
        cases within Federal criminal jurisdiction and charged 
        according to the following provisions of title 18, United 
        States Code: Sections 1153, 1152, 113, 2261(a)(1)(2), 2261A(1), 
        2261A(2), 2261(a)(1)(2), and 922(g)(8).
            (3) A summary of the number of--
                    (A) reports received;
                    (B) investigations conducted;
                    (C) declinations and basis for declination;
                    (D) prosecutions, including original charge and 
                final disposition;
                    (E) sentences imposed upon conviction; and
                    (F) male victims, female victims, Indian 
                defendants, and non-Indian defendants.
            (3) The priority assigned by the district to the 
        prosecution of such cases and the percentage of such cases 
        prosecuted to total cases prosecuted.
            (4) Any recommendations by the Comptroller General for 
        improved Federal prosecution of such cases.
    (c) Years Covered.--The report required by this section shall cover 
the years 2000 through 2005.

                          Purpose and Summary

    H.R. 3402, the ``Department of Justice Appropriations 
Authorization Act, Fiscal Years 2006 Through 2009'' establishes 
spending levels of programs within the Department of Justice 
(``DOJ'' or ``Department''). Titles I through III establish 
spending levels for fiscal years 2006 through 2009. Titles IV 
through X authorize programs for fiscal years 2006 through 
2010. Title I provides the authorizations for appropriations 
for the various activities of the Department. Title II reforms 
various Department of Justice grant programs. Title III 
modifies various Department authorizing statutes. Title IV 
through title X of the bill reauthorize, improve and establish 
programs within the Violence Against Women Act (``VAWA'') 
within the DOJ, many of which are set to expire on September 
30, 2005.
    Titles I-III of H.R. 3402 contain many of the provisions 
contained in H.R. 3036 (108th Congress) with modified 
authorization levels. A small number of the provisions 
contained in that legislation were excluded from H.R. 3402 
because those provisions were enacted elsewhere or are no 
longer timely. A small number of additional provisions are 
contained in H.R. 3402 to address programs which are set to 
expire such as the Juvenile Accountability Block Grants program 
and the Sex Offender Management program.
    Titles IV-X of H.R. 3402 contain grant programs to States 
and local governments to combat domestic violence, dating 
violence, sexual assault and stalking that are within the 
jurisdiction of the Committee on the Judiciary. These sections 
reauthorize core DOJ programs to combat domestic violence and 
make improvements to those grant programs to further enhance 
programs to combat domestic violence, dating violence, sexual 
assault and stalking. The bill reauthorizes the Services 
Training Officers Prosecutors (``STOP'') program, which 
provides State formula grants that help fund collaboration 
efforts among police, prosecutors and victim services 
providers. The legislation also reauthorizes grants to 
encourage arrest programs that provide funds to communities to 
develop and strengthen programs and policies that encourage 
police officers to arrest abusers who commit acts of violence 
or violate protection orders. Additionally, the bill authorizes 
several new programs that include grants to improve training 
for court officials and law enforcement personnel, and to 
encourage community based solutions to domestic violence.

                Background and Need for the Legislation

                  A. STATUTORY AUTHORIZATION AUTHORITY

    ``Authorization'' is the process by which Congress creates, 
amends, and extends programs in executive agencies. The 
authorization process is an important oversight tool that 
Congress and committees of jurisdiction can employ. Through 
authorization legislation, authorizing committees establish 
programs, their objectives, and the upper limits for spending 
on them. Once a Federal program has been authorized, the actual 
budget authority for the program is set out in appropriations 
bills.
    The Department of Justice, established in 1870 by an act of 
Congress, is an executive department of the Federal Government 
under the direction and control of the Attorney General. (12 
Stat. 162 (1870)); (28 U.S.C. Sec. Sec. 501, 503). Except as 
otherwise authorized by law, the Justice Department has 
``[p]rimary responsibility for representing the United States, 
its agencies, and officers in the courts of the United States'' 
and, if necessary or appropriate, in State and local courts. 
(U.S. Dep't of Justice, Revised Edition of Compendium on Agency 
Litigation Authority 1-1 (Sept. 2000)); (28 U.S.C. 
Sec. Sec. 516-19, 547); (5 U.S.C. Sec. 3106). In addition, 
Congress has authorized executive departments, independent 
agencies, and government corporations to appear in court 
through their own counsel under certain circumstances. (Id.)
    Congressional authorization of appropriations for the 
Justice Department is required by law. (Pub. L. No. 94-503, 
Title II, Sec. 204, 90 Stat. 2427 (1976)). The Crime Control 
Act of 1976 provided that:

        No sums shall be deemed to be authorized to be 
        appropriated for any fiscal year beginning on or after 
        October 1, 1978, for the Department of Justice 
        (including any bureau, agency, or other similar 
        subdivision thereof) except as specifically authorized 
        by Act of Congress with respect to such fiscal year.

(Id.) Notwithstanding this statutory authority, until recently 
the Justice Department had not been formally authorized by 
Congress since 1980. (Pub. L. No. 96-397, 94 Stat. 1563 
(1980)). However, in 2001, Chairman Sensenbrenner introduced 
H.R. 2215, the ``21st Century Department of Justice 
Appropriations Authorization Act.'' This authorizing 
legislation was enacted into law on November 2, 2002. Pub. L. 
No. 107-273. This legislation fully authorized the 
appropriations requested by the President for fiscal years 2002 
and 2003, strengthened legislative oversight of the Department 
of Justice by bolstering the authority of the Department's 
Inspector General, required disclosure of additional 
information on the operation of the Office of Justice Programs, 
created additional Federal judgeships, and contained several 
legislative initiatives that had passed the House but received 
no floor vote in the Senate.
    In the 108th Congress, this Committee and the House of 
Representatives passed legislation, H.R. 3036, on a bipartisan 
basis and under suspension of the rules, to reauthorize, 
improve and establish programs at the Department of Justice for 
fiscal years 2004 through 2006. This legislation was never 
acted upon by the Senate, and therefore, never became law. 
Titles I-III of H.R. 3402 contain many of these provisions. In 
addition to these programs, the legislation adds 
reauthorization of grant programs to combat domestic violence, 
dating violence, sexual assault and stalking that are within 
the jurisdiction of the Committee and are set to expire this 
fiscal year.
    The Committee on the Judiciary has authorizing jurisdiction 
over the Department of Justice. The Justice Department is 
presently comprised of over 50 separate components, including 
the Federal Bureau of Investigation, the U.S. Attorneys, the 
U.S. Marshals Service, the Drug Enforcement Administration, the 
Bureau of Prisons, the Office of Solicitor General, the Office 
of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, the various litigating divisions, and others.
    H.R. 3402 reflect's the Committee on the Judiciary's 
continuing commitment to the authorization process. The 
highlights of H.R. 3402 are set forth below.

              B. TITLE I--AUTHORIZATION OF APPROPRIATIONS

    Title I contains authorizations of appropriations for the 
Department's various programs for fiscal years 2006 through 
2009. These authorization levels are based on the FY 2006 
authorized amounts in H.R. 3036 (108th Congress) and the 
President's budget request. For each fiscal year, the 
authorizations are increased for inflation.
    The Committee went beyond the Administration's request for 
FY 2006 for the Office of the Inspector General, fees and 
expenses for witnesses, and the administration of the grant 
program offices including COPS, OJP and VAWA.

         C. TITLE II--REFORM OF THE DEPARTMENT'S GRANT PROGRAMS

    Title II generally reforms the Justice Department's grant 
programs, most of which are run through the Office of Justice 
Programs (``OJP'') or the Community Oriented Policing Services 
(``COPS'') Office. The Committee believes that many of the 
programs that these two offices administer are worthwhile and 
should be continued. The Committee also believes that the 
Justice Department has made many administrative reforms in the 
last several years that have greatly increased the efficiency 
of these programs. The reforms in H.R. 3402 are intended to 
build on that progress and should not be interpreted to 
indicate any lack of support for that work. In fact, most of 
the measures included in title II originated from a proposal 
formally submitted to the Congress by the Administration on 
June 4, 2003.
    Title II makes numerous changes to DOJ's various grant 
programs many of which are relatively minor. Each of these is 
discussed in the section by section analysis below. The 
discussion in this section will focus on the most significant 
of the changes.
1. Merger of Byrne and LLEBG Programs
    Section 201 merges the current Byrne Grant Program (both 
the formula and discretionary aspects) and the Local Law 
Enforcement Block Grant Programs (LLEBG) into one new Edward 
Byrne Memorial Justice Assistance Grant Program. This will 
allow States and local governments to make one application for 
this money annually for a 4-year term.
    The formula for distributing these grants combines elements 
of the current Byrne and LLEBG formulas. For allocating money 
to the States, each State automatically receives 0.25 percent 
of the total. Of the remaining amount, 50 percent is divided up 
among the States according to population (the method currently 
used under Byrne) and 50 percent is divided up based on the 
violent crime rate (the method currently used under LLEBG).
    Each State's allocation is then divided among State and 
locals in the following manner. Sixty percent of the allocation 
goes to the State. Then, that 60 percent is divided between 
State and locals based on their relative percentages of overall 
criminal justice spending within the State. The State keeps its 
portion of the 60% and gives out the local portion in the 
State's discretion. This follows how Byrne formula grants are 
now administered.
    The remaining 40 percent of the State's allocation goes 
directly to the local governments from OJP. Each class of local 
governments (e.g., cities, counties, townships, etc.) gets a 
share based on its relative percentage of local criminal 
justice spending within the State. Within each class, the 
class's share is divided up between the local governments in 
that class based on their crime rate. This is similar to how 
LLEBG grants are now done. The Committee believes it has 
devised a formula that gives all the recipients an amount that 
is as close as possible to the amount they would receive under 
current law.
    The bill authorizes $1.095 billion for the combined grant 
program which represents a 2 percent increase over the amount 
appropriated for both programs in Fiscal Year 2006 and such 
sums as may be necessary for 2007-2009. A new feature of the 
program is that States will be allowed to keep grant funds in 
interest bearing accounts until spent and then keep the 
interest. However, all money must be spent during the 4-year 
grant period. In addition, the new program consolidates the 
current 28 specific purposes for Byrne grants and 9 specific 
purposes for LLEBG grants into six broad purposes intended to 
cover the same ground while giving more flexibility to use the 
grants constructively.
    The Committee believes that these reforms will work to give 
State and local governments more flexibility to spend money for 
programs that work for them rather than to impose a ``one size 
fits all'' solution. In addition, the reforms should lessen the 
administrative burden of applying for the grants.
2. Authorization of Weed and Seed Program
    In 1991, DOJ established the Executive Office of Weed and 
Seed by administrative action. This program is a community-
based multi agency approach to law enforcement, crime 
prevention, and neighborhood restoration. It has been 
successful, but it has never been permanently authorized. 
Section 211 creates a new Office of Weed and Seed Strategies. 
This office will replace the current Executive Office of Weed 
and Seed, and for the first time, this program will have a 
specific authorization.
3. Overall Management of OJP and COPS
    Despite the laudable progress that the Department has made 
in the last several years, the Committee believes that 
additional measures are needed to instill a culture of 
accountability at OJP and COPS. Accordingly, the bill 
establishes three new offices within OJP: an Office of Audit, 
Assessment, and Management; a Community Capacity Development 
Office; and an Office of Applied Law Enforcement Technology. It 
also contains several other provisions designed to improve the 
management of OJP and COPS.
    Section 248 creates the new Office of Audit, Assessment, 
and Management within OJP. This office is authorized to audit, 
exercise corrective actions with respect to, and manage 
information with respect to, the COPS programs, any grant 
program carried out by OJP, and any other grant program carried 
out by DOJ that the Attorney General considers appropriate. 
This will include establishing and maintaining an automated 
information management system to track all grants. The Office 
of Audit, Assessment, and Management will report directly to 
the Office of the Assistant Attorney General.
    This office will address many of the problems that came to 
light during the Subcommittee on Crime, Terrorism, and Homeland 
Security's oversight hearings, particularly the lack of 
monitoring and outcome-based evaluations of OJP programs. This 
office will also address findings by the Department's Inspector 
General regarding failures to adequately review grant 
applications and undertake more aggressive and timely 
corrective action on audit findings, especially with grantees 
who do not comply with grant terms. A strategic objective of 
the Department of Justice for the Office of Justice Programs is 
to ensure meaningful outcomes, appropriate fiscal management, 
and accountability. This new office will help the Department 
achieve those objectives.
    The new office will audit grants representing 10 percent of 
all funds awarded by the programs that it covers each year. Not 
to exceed 5 percent of the funding for each program that the 
new office covers shall be reserved to fund the office.
    Section 249 creates a new Community Capacity Development 
Office within OJP. The Office will report directly to the 
Assistant Attorney General. This office will provide training 
on a regional and local basis to actual and prospective 
participants in the COPS programs, any grant program carried 
out by OJP, and any other grant program carried out by DOJ that 
the Attorney General considers appropriate. The office will 
also identify best practices for grantees and incorporate such 
practices into its training. Not to exceed 5 percent of the 
funding for each program that the new office covers shall be 
reserved to fund the office.
    Section 250 creates an Office of Applied Law Enforcement 
Technology headed by a Director appointed by the Attorney 
General. This office will ensure that grant moneys provided to 
law enforcement for computer systems will be spent for 
equipment and software that is of good quality and suitable for 
its intended purposes. The Director and the Office will provide 
leadership and focus so grants that are made for use or 
improvement of law enforcement computer systems ensure that 
recipients of such grants will use such systems to participate 
in crime reporting programs administered by the Department. 
This will correct past practices of little or no coordination 
between Federal grant funds spent by localities on computer 
systems and the crime reporting programs authorized by Congress 
and administered by the Department of Justice.
    Section 251 provides that unless otherwise specifically 
provided by an authorizing statute, money appropriated for 
grants in fiscal year 2006 and any subsequent fiscal year shall 
remain available to be awarded and distributed to grantees for 
the year appropriated and three subsequent fiscal years. If the 
money is reprogrammed, the time period begins again. It further 
provides that money distributed to grantees must be spent 
within the time period provided by the grant. In either case, 
money not meeting the requirement shall revert to the Treasury. 
This change will provide an incentive to get grant funds spent 
for their intended purposes rather than languishing at OJP or 
at the offices of the grantee.
    Section 252 requires the Assistant Attorney General of the 
Office of Justice Programs to make two significant financial 
management reforms: (1) consolidate all accounting activities 
of OJP into a single financial management system under the 
direct management of the Office of the Comptroller by September 
30, 2010, and (2) consolidate all procurement activities of OJP 
into a single procurement system under the direct management of 
the Office of Administration by September 30, 2008.
    The Assistant Attorney General is required to begin the 
consolidation of accounting activities under the Office of the 
Comptroller and the consolidation of procurement activities 
under the Office of Administration. The Office of 
Administration is to begin the consolidation of procurement 
operations and financial management systems into a single 
financial system.
    The Committee believes that these changes in Sections 248-
52 form one integrated package of management reforms that will 
greatly enhance the efficiency of OJP and COPS and help them to 
achieve their missions.

                 D. TITLE III--MISCELLANEOUS PROVISIONS

    Title III makes a number of miscellaneous technical changes 
to statutes involving the Department, in addition to several 
substantive changes.
    Section 304 is intended to ensure that the Justice 
Department uses the most cost-effective training and meeting 
facilities for its employees. For any predominantly internal 
training or conference meeting, it requires the Justice 
Department to use only a facility that does not require a 
payment to a private entity for the use of such facility, 
unless specifically authorized in writing by the Attorney 
General. It further requires the Attorney General to prepare an 
annual report to the Chairmen and Ranking Members of the House 
and Senate Judiciary Committees that details each training or 
conference meeting requiring authorization. The report must 
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. The Committee believes that this 
section will limit the practice of renting private facilities 
for Department retreats, conferences, meetings, and the like 
when Federal facilities are available for the same purpose.
    Section 305 establishes a statutory privacy officer within 
the Department. It is intended to ensure that the Department 
safeguards personally identifiable information and complies 
with fair information practices pursuant to 5 U.S.C. Sec. 552a. 
The responsibilities of the privacy officer will include: (1) 
assuring that the Department's use of technologies does not 
erode privacy protections relating to the use, collection, and 
disclosure of personally identifiable information; (2) ensuring 
that such information is handled in full compliance with fair 
information practices; (3) evaluating legislative and 
regulatory proposals concerning the collection, use, and 
disclosure of such information by the Federal Government; (4) 
conducting a privacy impact assessment of the Department's 
proposed rules on the privacy of such information; (5) 
reporting to Congress on the Department's activities that 
affect privacy; (6) ensuring that the Department protects such 
information and its information systems from unauthorized 
access, use, disclosure, disruption, modification, or 
destruction; and (7) advising the Attorney General and Director 
of the Office of Management and Budget on information security 
and privacy issues pertaining to Federal Government information 
systems.
    Section 306 is intended to ensure the United States Trustee 
Program (a component of the Justice Department) actively 
identifies matters warranting criminal referrals and undertakes 
efforts to prevent bankruptcy fraud and abuse. It requires the 
Director of the Executive Office for United States Trustees to 
prepare an annual report to the Congress detailing: (1) the 
number and types of criminal referrals made by the Program; (2) 
the outcomes of each criminal referral; (3) any decrease in the 
number of criminal referrals from the previous year; and (4) 
the Program's efforts to prevent bankruptcy fraud and abuse, 
particularly with respect to a debtor's failure to disclose 
assets.
    Section 307 was added by an amendment offered by 
Representative Adam Schiff. Section 307 requires the Attorney 
General to submit an annual report to Congress specifying the 
number of United States persons or residents detained on 
suspicion of terrorism and specifying 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.

                         E. COPS CONSOLIDATION

    During the Committee on the Judiciary's markup of H.R. 
3036, in the 108th Congress, Members of the Committee agreed in 
principle to consolidate a variety of programs within the COPS 
office into one single grant program encompassing all of the 
grant purposes that these programs currently encompass and 
allowing grants to be used for law enforcement devoted to 
homeland security and anti-terrorism efforts. As with the 
Byrne-LLEBG merger, this consolidation will allow State and 
local governments more flexibility to spend the money for 
programs that work in their locality while easing the 
administrative burden of applying to a different program for 
each different purpose.

        F. VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION (``VAWA'')

    The VAWA was first enacted in 1994, and was reauthorized in 
2000. The authorization for many of VAWA programs is set to 
expire on September 30, 2005. Titles IV through title X 
reauthorize and improve core programs until FY 2010 to address 
domestic violence, dating violence, sexual assault, and 
stalking. These titles also establish new programs to address 
missing elements in the fight against violence such as training 
for court personnel, training of school personnel, and 
utilization of community-based approaches.

                         G. MANAGER'S AMENDMENT

    A manager's amendment offered by Chairman Sensenbrenner and 
Ranking Member Conyers was accepted at markup to include some 
important priorities of Committee Members, including 
authorizations for the Department of Justice to focus on 
individuals who operate organized theft rings or engage in 
human trafficking. Additional provisions of the manager's 
amendment authorized grants for gang resistance education and 
encouraged current juvenile offender grant programs to focus on 
bullying prevention.

                                Hearings

    Following House passage of the ``21st Century Department of 
Justice Authorization of Appropriations Act,'' the Judiciary 
Committee has continued to maintain an active role overseeing 
the Justice Department. While hearings on H.R. 3402, were held 
before the Committee, the full committee and several 
subcommittees have conducted oversight hearings over Justice 
Department components within their respective jurisdictions 
that have informed consideration of this legislation. 
Additionally, the legislation is substantially similar to 
legislation that passed the Committee and the House of 
Representatives in the 108th Congress. A number of 
reauthorization hearings were held by Subcommittees on these 
issues in the 108th Congress.

                        Committee Consideration

    On July 27, 2005, the Committee met in open session and 
ordered favorably reported the bill H.R. 3402 with an amendment 
by voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the committee consideration of 
H.R. 3402.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of Rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3402, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 16, 2005.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
completed the enclosed cost estimate for H.R. 3402, the 
Department of Justice Appropriations Authorization Act, Fiscal 
Years 2006 through 2009.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 3402--Department of Justice Appropriations Authorization Act, 
        Fiscal Years 2006 through 2009.

                                SUMMARY

    H.R. 3402 would authorize the appropriation of funds for 
fiscal years 2006 through 2009 for many programs and agencies 
in the Department of Justice (DOJ), including the Federal 
Bureau of Investigation, the Drug Enforcement Administration, 
the United States Attorneys, and the Bureau of Prisons. The 
bill also would authorize funding for a few programs through 
2010. H.R. 3402 would specifically authorize the appropriation 
of about $95 billion over the 2006-2010 period for almost all 
agencies and programs described in the bill. For a few 
programs, CBO estimated the funding levels necessary to 
implement those programs because the bill would authorize the 
appropriation of such sums as necessary.
    Assuming appropriation of the specified and estimated 
amounts, CBO estimates that implementing H.R. 3402 would cost 
about $94 billion over the 2006-2010 period. Spending by the 
four agencies mentioned above would account for about $59 
billion of that total. Enacting the bill could affect direct 
spending and receipts, but CBO estimates that any such effects 
would not be significant.
    H.R. 3402 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would benefit State, local, and tribal governments by 
authorizing the appropriation of more than $12 billion over 
fiscal years 2006 through 2010 for a variety of programs to 
assist law enforcement agencies. Any costs to those governments 
would be incurred voluntarily as a condition of receiving 
federal assistance.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 3402 is shown in the 
following table. The cost of this legislation falls within 
budget function 750 (administration of justice).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                               2005     2006     2007     2008     2009    2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law
  Budget Authority \1\                                        19,422        0        0        0        0       0
  Estimated Outlays                                           20,351    5,807    2,564    1,270      617     142

Proposed Changes
  Specified Authorization Level                                    0   22,968   22,739   23,721   24,750     592
  Estimated Outlays                                                0   16,411   19,989   22,782   24,475   6,322

  Estimated Authorization Level                                    0       15    1,204    1,233    1,264      21
  Estimated Outlays                                                0       14      631      887    1,218     969

Spending Under H.R. 3402
  Estimated Authorization Level                               19,422   22,983   23,943   24,955   26,014     613
  Estimated Outlays                                           20,351   22,231   23,184   24,939   26,310   7,432
----------------------------------------------------------------------------------------------------------------
NOTE: Numbers may not sum to totals because of rounding.
1. Appropriations for the programs that would be authorized by the bill summed to $19.4 billion in fiscal year
  2005.

                           BASIS OF ESTIMATE

    CBO estimates that implementing H.R. 3402 would cost about 
$94 billion over the next five years, assuming appropriation of 
the necessary funds. Enacting the bill could affect direct 
spending and receipts, but we estimate that any such effects 
would not be significant.
Spending Subject to Appropriation
    For this estimate, CBO assumes that the amounts 
specifically authorized by the bill will be appropriated near 
the start of each fiscal year and that spending will follow the 
historical spending rates for the authorized activities. We 
expect a few programs to spend additional funds more slowly 
than the historical rates because the bill would authorize 
substantial increases in funding, relative to the amounts 
appropriated for 2005.
    H.R. 3402 would authorize the appropriation of about $1.1 
billion and $60 million in 2006, and such sums as necessary for 
subsequent years, for the Edward Byrne Memorial Justice Grant 
Program and for the Office of Weed and Seed Strategies, 
respectively. For those two law-enforcement grant programs, CBO 
estimated the necessary funding levels in future years by 
adjusting 2006 funding for anticipated inflation. In addition, 
based on information from DOJ, CBO estimated the cost for a new 
office to coordinate the various grant programs that improve 
technology. CBO estimates that operations of the bill's 
proposed Office of Applied Law Enforcement Technology would 
cost $45 million over the 2006-2010 period.
    In addition, based on information from DOJ, CBO estimates 
that increased protection for immigrant victims of violence 
authorized by the bill would cost $49 million over the five-
year period.
    Under current law, the Antitrust Division of DOJ is 
authorized to collect premerger filing fees and spend such 
collections without further appropriation action. CBO assumes 
that the amounts authorized to be appropriated in H.R. 3402 for 
the Antitrust Division are in addition to this current spending 
authority.
Direct Spending and Revenues
    H.R. 3402 would broaden the coverage of current laws 
against certain offenses committed in correctional facilities, 
thus enabling the Government to pursue cases that it otherwise 
would not be able to prosecute. Because those prosecuted and 
convicted under H.R. 3402 could be subject to criminal fines, 
the Federal Government might collect additional fines if the 
legislation is enacted. Criminal fines are recorded as 
revenues, then deposited in the Crime Victims Fund and later 
spent. CBO expects that any additional revenues and direct 
spending would not be significant because of the relatively 
small number of cases affected.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 3402 contains no intergovernmental mandates as defined 
in UMRA. The bill would benefit State, local, and tribal 
governments by authorizing the appropriation of more than $12 
billion over fiscal years 2006 through 2010 for a variety of 
programs to assist law enforcement agencies. Any costs to those 
governments would be incurred voluntarily as a condition of 
receiving federal assistance.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    This bill contains no new private-sector mandates as 
defined in UMRA.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz and Gregory Waring (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    In compliance with clause 3(c)(4) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth the 
following performance goals and objectives.
    The Committee expects that OJP and COPS will vigorously 
implement the various reforms contained in sections 248-52 to 
bring about greater efficiency and accountability in the 
programs administered by those offices. The Committee will 
closely monitor that implementation to determine whether they 
are being faithfully executed and whether further legislation 
is necessary to foster a culture of accountability.
    The Committee expects that the Department of Justice will 
continue to make combating domestic violence, dating violence, 
sexual assault and stalking a priority in light of the 
reauthorization and improvements to the Violence Against Women 
Act included in H.R. 3402.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title; Table of Contents
    Section 1 provides that the bill may be cited as the 
``Department of Justice Appropriations Authorization Act,'' 
Fiscal Years, 2004 through 2006 and sets forth the table of 
contents.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Section 101. Authorization of Appropriations for Fiscal Year 2006
    Section 101 sets forth specific sums authorized to be 
appropriated to carry out the activities of the Department of 
Justice for Fiscal Year 2006.
Section 102. Authorization of Appropriations for Fiscal Year 2007
    Section 102 sets forth specific sums authorized to be 
appropriated to carry out the activities of the Department of 
Justice for Fiscal Year 2007.
Section 103. Authorization of Appropriations for Fiscal Year 2008
    Section 103 sets forth specific sums authorized to be 
appropriated to carry out the activities of the Department of 
Justice for Fiscal Year 2008.
Section 104. Authorization of Appropriations for Fiscal Year 2009
    Section 104 sets forth specific sums authorized to be 
appropriated to carry out the activities of the Department of 
Justice for Fiscal Year 2009.
Section 105. Organized Retail Theft
    This section directs the FBI to establish a task force to 
provide expertise to the private sector to enhance efforts to 
combat organized retail theft and establish databases tracking 
patterns of theft. Additionally, this section allows for grants 
to state and local law enforcement agencies for costs 
associated with participating in the database project. The 
legislation authorizes $5 million for FY 2006 through FY 2009 
to carry out this section.

            TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S 
                             GRANT PROGRAMS

Section 201. Merger of Byrne Grant and Local Law Enforcement Block 
        Grant Program
    Section 201 merges the current Byrne Grant Program (both 
formula and discretionary) and the Local Law Enforcement Block 
Grant Programs into one new Edward Byrne Memorial Justice 
Assistance Grant Program. This will allow States and local 
governments to make one application for this money annually for 
a 4-year term.
    The formula for distributing these grants combines elements 
of the current Byrne and LLEBG formulas. For allocating money 
to the States, each State automatically receives 0.25 percent 
of the total. Of the remaining amount, 50 percent is divided up 
among the States according to population (the method currently 
used under Byrne) and 50 percent is divided up based on the 
violent crime rate (the method currently used under LLEBG).
    Each State's allocation is then divided among State and 
locals in the following manner. Sixty percent of the allocation 
goes to the State. Then, that 60 percent is divided between 
State and locals based on their relative percentages of overall 
criminal justice spending within the State. The State keeps its 
portion of the 60 percent and gives out the local portion in 
the State's discretion. This follows how Byrne formula grants 
are now done.
    The remaining 40% of the State's allocation goes directly 
to the local governments from OJP. Each class of local 
governments (e.g., cities, counties, townships, etc.) gets a 
share based on its relative percentage of local criminal 
justice spending within the State. Within each class, the 
class's share is divided up between the local governments in 
that class based on their crime rate. This is similar to how 
LLEBG grants are now done.
    The bill authorizes $1.075 billion for the program. A new 
feature of the program is that States will be allowed to keep 
grant funds in interest bearing accounts until spent and then 
keep the interest. However, all money must be spent during the 
4-year grant period. In addition, the new program consolidates 
the current 28 specific purposes for Byrne grants and 9 
specific purposes for LLEBG grants into 6 broad purposes 
intended to cover the same ground while giving more flexibility 
to use the grants constructively.
Section 202. Clarification of Number of Recipients who may be Selected 
        in a Given Year to Receive Public Safety Officer Medal of Valor
    Section 202 amends the Public Safety Officer Medal of Valor 
Act of 2001. As enacted, the Act provided that no more than 
five medals may be awarded per year and that they may only be 
awarded to individuals. In some instances, the acts of valor 
are performed by teams of individuals rather than one person. 
To address this problem, section 202 amends the Act to provide 
that the medal may be awarded to groups of individuals as well 
as single individuals.
Section 203. Clarification of Official to be Consulted by Attorney 
        General in Considering Application for Emergency Federal Law 
        Enforcement Assistance
    Section 203 amends the Emergency Federal Law Enforcement 
Assistance program (42 U.S.C. Sec. 10501 et seq.) to clarify 
that in awarding grants under this program the Attorney General 
shall consult with the Assistant Attorney General for the 
Office of Justice Programs rather than the Director of the 
Office of Justice Assistance. This change simply brings the 
statute into conformity with the existing chain of command in 
the Department.
Section 204. Clarification of Uses for Regional Information Sharing 
        System Grants
    Section 204 amends the authorization for the Regional 
Information Sharing System (42 U.S.C. Sec. 3796h) to clarify 
its regional character and its authority to establish and 
maintain a secure telecommunications backbone.
Section 205. Integrity and Enhancement of National Criminal Record 
        Databases
    Section 205 amends the authorizing statute for the Bureau 
of Justice Statistics (42 U.S.C. Sec. 3732): (1) to clarify 
that the Director shall be responsible for the integrity of 
data and statistics and the prevention of improper or illegal 
use or disclosure; (2) to provide specific authorization for 
the already existing National Criminal History Background Check 
System, the National Incident-Based Reporting System, and the 
records of the National Crime Information Center and to 
facilitate State participation in these systems; and (3) to 
facilitate data-sharing agreements between the Bureau of 
Justice Statistics and other Federal agencies.
Section. 206. Extension of the Matching Grant Program For Law 
        Enforcement Armor Vests
    This section extends the matching program for law 
enforcement bulletproof vests for FY 2009.
Section 211. Office of Weed and Seed Strategies
    Section 211 creates a new Office of Weed and Seed 
Strategies. This office will replace the current Executive 
Office of Weed and Seed, and for the first time, this program 
will have a specific authorization.
Section 221. Grants to Local Nonprofit Organizations to Improve 
        Outreach Services to Victims of Crime
    Section 221 amends the crime victim assistance grants 
program to allow grants of less than $10,000 to be made to 
smaller neighborhood and community-based victim service 
organizations. Currently, grants under this program tend to go 
to larger organizations, and this amendment simply emphasizes 
that some of the money spent in this program should go to 
smaller organizations as well.
Section 222. Clarification and Enhancement of Certain Authorities 
        Relating to Crime Victims Fund
    Section 222 makes several minor adjustments to the 
authorities relating to the Crime Victims Fund. Subsection 
222(1) clarifies that the fund may only accept gifts, 
donations, or bequests if they do not attach conditions 
inconsistent with applicable laws or regulations and if they do 
not require the expenditure of appropriated funds that are not 
available to the Office of Victims of Crime. Current law 
establishes a $50 million antiterrorism reserve within the 
fund. Each year that reserve may be replenished by using up to 
5 percent of the money in the fund that was not otherwise 
expended during that year. Subsection 222(2) changes the word 
``expended'' to ``obligated'' so that funds that have already 
been obligated for other purposes, but not yet spent will not 
be counted for this purpose.
    Subsection 222(3) allows the Assistant Attorney General to 
direct the use of the funds available for Indian child abuse 
program grants under 42 U.S.C. Sec. 10601(g) and to use 5% of 
those funds for grants to Indian tribes to establish victim 
assistance programs.
Section 223. Amounts Received under Crime Victim Grants may be Used by 
        State for Training Purposes
    Section 223 amends the grant programs for victim 
compensation and victim assistance to allow the States part of 
the 5 percent reserved for administrative costs for training 
purposes.
Section 224. Clarification of Authorities Relating to Violence Against 
        Women Formula and Discretionary Grant Programs
    Section 224 makes several clarifications to the program to 
fund grants to combat violent crimes against women. Subsection 
224(a) clarifies that grants may be used for victim services. 
Subsection 224(b) corrects an incorrect section number 
reference in last year's DOJ authorization bill. Subsection 
224(c) clarifies that grants under the program can be made to 
Indian tribal domestic violence coalitions and corrects other 
technical errors and makes conforming changes. Subsection 
224(d) changes the reporting requirement on the program from 
annual to biennial.
    Subsection 224(e) clarifies that State and tribal 
governments may use grant funds under the program to pay for 
forensic medical exams for sexual assault victims so long as 
the victims are not required to seek reimbursement from their 
insurers. It further provides that the victim shall not be 
required to participate in the criminal justice system or 
cooperate with law enforcement in order to be provided with a 
forensic medical exam, reimbursement for such exam, or both. 
Subsection 224(f) makes a technical amendment to the heading 
for this part of the Code.
Section 225. Change of Certain Reports from Annual to Biennial
    Section 225 amends the reporting provisions under two grant 
programs to change them from annual to biennial.
Section 231. Clarification of Definition of Violent Offender for 
        Purposes of Juvenile Drug Courts
    Section 231 amends the juvenile drug court grant program so 
that offenders who are convicted of a violent misdemeanor may 
participate in the program. Currently, misdemeanor offenders 
may participate only if their offense is non-violent.
Section 232. Changes to Distribution and Allocation of Grants for Drug 
        Courts
    Section 232(a) repeals the requirement that all States must 
receive a minimum allocation under the program regardless of 
the quality of its application. Section 232(b) provides for 
training by the newly created Community Capacity Development 
Office to assist applicants who are not funded in how to 
successfully pursue grants under the program.
Section 233. Eligibility for Grants under Drug Court Grants Program 
        Extended to Courts that Supervise Non-Offenders with Substance 
        Abuse Problems
    Section 233 amends the drug court program to allow 
continuing supervision over non-violent offenders as well as 
other related persons who may be before the court. This will 
allow a drug court to consolidate the cases of related 
individuals who may be under its jurisdiction at one time and 
supervise them jointly.
Section 234. Terms of Residential Substance Abuse Treatment Program for 
        Local Facilities
    Section 234 amends the Residential Substance Abuse 
Treatment for State Prisoners program to clarify that the 
grants should go to local correctional facilities and detention 
facilities where prisoners are held long enough to carry out a 
3-month course of drug treatment.
Section 241. Changes to Certain Financial Authorities
    Subsection 241(a) raises from 3 to 6 percent the amount of 
money collected from civil debt collection activities that can 
be credited to the Working Capital Fund established under 28 
U.S.C. Sec. 527.
    Subsection 241(b) exempts the SCAAP program from the 
requirement that it reimburse the Treasury when it makes 
untimely payments. Subsection 241(c) exempts the Southwest 
Border Initiative from that requirement and the requirement 
that it pay interest to States for untimely payments.
    Subsections 241(d) and (e) update certain general law 
enforcement authorities of the Attorney General to include the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Section 242. Coordination Duties of Assistant Attorney General
    Subsection 242(a) amends the authorizing statute for OJP to 
include the Office of Victims of Crime within the list of OJP 
bureaus. Subsection 242(b) allows the Assistant Attorney 
General to place special conditions on all grants and to 
determine priority purposes for formula grants.
Section 243. Simplification of Compliance Deadlines Under Sex-Offender 
        Registration Laws
    Under current law, States are required to establish State 
registries of offenders who have committed crimes against 
minors or who have committed sexually violent crimes. They are 
also required to share this information with the FBI so that it 
can maintain a national database. States who do not comply by 
the deadline can lose 10% of their Byrne grant funding. Some 
States have made good faith efforts to comply with this 
requirement, but are still struggling to implement it.
    Subsection 243(a) gives these States an additional 3 years 
after the date of enactment to implement this requirement. It 
further allows the Attorney General to extend this deadline for 
an additional 2 years if the State is making a good faith 
effort to comply. Subsection 243(b) corrects a drafting error 
in the language relating to the provisions relating to the 
length of registrations required by those who have committed 
offenses against minors and those who are sexually violent 
predators. This correction makes the two periods consistent and 
removes an erroneous implication that the period for sexually 
violent offenders could be terminated prematurely.
Section 244. Repeal of Certain Programs
    Section 244 repeals seven grant programs that have been 
authorized, but have largely not been funded in recent years: 
the Criminal Justice Facility Construction Pilot Program; the 
Family Support Program; the Matching Grant Program for School 
Security; the Local Crime Prevention Block Grant Program; the 
Assistance for Delinquent and At-Risk Youth Program; the 
Improved Training and Technical Automation Program; and the 
Other State and Local Aid Program.
Section 245. Elimination of Certain Notice and Hearing Requirements
    Section 245 eliminates the requirement that OJP must 
provide notice and a hearing for grant applicants whose 
applications are denied. It further eliminates the opportunity 
for appellate review of the decisions arising from such 
hearings. These rights are rarely used.
Section 246. Amended Definitions for Purposes of Omnibus Crime Control 
        and Safe Streets Act of 1968
    Section 246 broadens the definition of the term ``Indian 
Tribe'' to allow more tribes to be treated as units of local 
government for purposes of OJP grants. It broadens the 
definition of the term ``combination'' of State and local 
governments to include those who jointly plan. It amends the 
definition of the term ``neighborhood or community-based 
organizations'' to clarify that it includes faith-based 
organizations.
Section 247. Clarification of Authority to Pay Subsistence Payments to 
        Prisoners for Health Care Items and Services
    Under current law, the Attorney General is required to pay 
for health care items and services for certain prisoners in the 
custody of the United States. In every instance, he must not 
pay more than the lesser of what the Medicare or Medicaid 
program would pay. This requires the Attorney General to expend 
a great deal of effort to determine that in each case. This 
subsection changes that to simply say that he shall not pay 
more than the Medicare rate. It also substitutes the Department 
of Homeland Security for a reference to the now defunct 
Immigration and Naturalization Service.
Section 248. Office of Audit, Assessment, and Management
    Section 248 creates a new Office of Audit, Assessment, and 
Management within OJP. This office is authorized to audit, 
exercise corrective actions with respect to, and manage 
information with respect to, the COPS programs, any grant 
program carried out by OJP, and any other grant program carried 
out by DOJ that the Attorney General considers appropriate. 
This will include establishing and maintaining an automated 
information management system to track all grants. The Office 
of Audit, Assessment, and Management will report directly to 
the Office of the Assistant Attorney General.
    This office will be created to address many of the problems 
that came to light during the Subcommittee's oversight 
hearings, particularly the lack of monitoring and outcome-based 
evaluations of OJP programs. This Office will address findings 
by the Department's Inspector General regarding failures to 
adequately review grant applications and conduct more 
aggressive and timely corrective action on audit findings, 
especially with grantees who do not comply with grant terms. A 
strategic objective of the Department of Justice for the Office 
of Justice Programs is to ensure meaningful outcomes, 
appropriate fiscal management, and accountability. This new 
office will help the Department achieve those objectives.
    The new office will audit grants representing 10% of all 
funds awarded by the programs that it covers each year. Not to 
exceed 5% of the funding for each program that the new office 
covers shall be reserved to fund the office.
Section 249. Community Capacity Development Office
    Section 249 creates a new Community Capacity Development 
Office within OJP. This office is authorized to provide 
training on a regional and local basis to actual and 
prospective participants in the COPS programs, any grant 
program carried out by OJP, and any other grant program carried 
out by DOJ that the Attorney General considers appropriate. The 
Office will also identify best practices for grantees and 
incorporate such practices into its training. Not to exceed 5% 
of the funding for each program that the new office covers 
shall be reserved to fund the office.
Section 250. Office of Applied Law Enforcement Technology
    Section 250 creates an Office of Applied Law Enforcement 
Technology headed by a Director appointed by the Attorney 
General. This office will ensure that grant moneys provided to 
law enforcement for computer systems will be spent for 
equipment and software that is of good quality and suitable to 
support. The Director and the office will provide leadership 
and focus so that grants that are made for using or improving 
law enforcement computer systems and ensuring that recipients 
of such grants use such systems to participate in crime 
reporting programs administered by the Department. This will 
correct past practice where there has been little or no 
coordination between Federal grant funds spent by localities on 
computer systems and the crime reporting programs authorized by 
Congress and administered by the Department of Justice.
Section 251. Availability of Funds for Grants
    Section 251 provides that unless otherwise specifically 
provided by an authorizing statute, money appropriated for 
grants in fiscal year 2004 and any subsequent fiscal year shall 
remain available to be awarded and distributed to grantees for 
the year appropriated and three subsequent fiscal years. If the 
money is reprogrammed, the time period begins again. It further 
provides that money distributed to grantees must be spent 
within the time period provided by the grant. In either case, 
money not meeting the requirement shall revert to the Treasury. 
This change will provide an incentive to get grant funds spent 
for their intended purposes rather than languishing at OJP or 
at the offices of the grantee.
Section 252. Consolidation of Financial Management Systems of Office of 
        Justice Programs
    Section 252 requires the Assistant Attorney General of the 
Office of Justice Programs to make two significant financial 
management reforms: (1) consolidate all accounting activities 
of OJP into a single financial management system under the 
direct management of the Office of the Comptroller by September 
30, 2010, and (2) consolidate all procurement activities of OJP 
into a single procurement system under the direct management of 
the Office of Administration by September 30, 2008.
    The Assistant Attorney General is required to begin the 
consolidation of accounting activities under the Office of the 
Comptroller and the consolidation of procurement activities 
under the Office of Administration not later than October 1, 
2003.
Section 253. Authorization and Change of COPS Program to Single Grant 
        Program
    This section reauthorizes the Community Oriented Policing 
Program but allows the States and local governments to apply 
for the funds for a number of different purpose areas to allow 
some flexibility in the use of funds.
Section 254. Clarification of Persons Eligible for Benefits Under 
        Public Safety Officers' Death Benefits programs
    This section makes technical amendments to the PSOB program 
to ensure that it is properly applied and corrects a problem in 
current law that would allow payments to be made to multiple 
beneficiaries on behalf of one officer.
Section 255. Pre-Release and Post-Release Programs for Juvenile 
        Offenders
    This section amends the Juvenile Accountability Block Grant 
to allow use of grant funds for juvenile offender reentry 
programs.
Section 256. Reauthorization of the Juvenile Accountability Block 
        Grants
    This section reauthorizes the Juvenile Accountability Block 
Grants program (JABG), which this Committee established in the 
107th Congress to encourage programs to hold juvenile offenders 
accountable while addressing their special needs.
Section 257. Sex Offender Management
    This section reauthorizes a program to track sex offenders 
and encourage States to effectively monitor them upon release 
from prison.
Section 258. Evidence-Based Approaches
    This section amends the law authorizing Juvenile 
Accountability Block Grants to include a provision for ``the 
extent to which evidence-based approaches are utilized'' to be 
among the criteria used by States and localities to determine 
which programs should be funded through JABG. Some good sources 
of information that States and localities can utilize to 
determine what approaches are ``evidence-based'' include:

         LBlueprints for Violence Prevention, a project 
        of the Center for the Study and Prevention of Violence, 
        at the University of Colorado at Boulder, which has 
        identified prevention and intervention programs that 
        meet a strict scientific standard of program 
        effectiveness in reducing violence and recidivism;

         LBenefits and Costs of Prevention and Early 
        Intervention Programs for Youth, a report of a study by 
        Steve Aos, et al., Washington State Institute for 
        Public Policy, September 2004, which includes a 
        comparative cost-benefit analysis across several 
        approaches;

         LGoal 5 (discussing evidence-based practices) 
        of the recent ``President's New Freedom Commission on 
        Mental Health'' Report; Chapter 3 (Children and Mental 
        Health) of ``Mental Health: A Report of the Surgeon 
        General;'' and Appendix 5-B (Descriptions of Specific 
        Programs That Meet Standards for Model and Promising 
        Categories) of ``Youth Violence: A Report of the 
        Surgeon General.''

Such resources provide information on the success of several 
programs in intervening with youth who have already started 
down the path to crime.

            TITLE III--MISCELLANEOUS AMENDMENTS TO TITLE 18 
                            AND RELATED LAWS

Section 301. Technical Amendments Relating Public Law 107-56
    Section 301 makes a series of technical amendments to 
Public Law No. 107-56, the USA PATRIOT Act.
Section 302. Miscellaneous Technical Amendments
    Section 302 makes a series of technical amendments to title 
18 and title 28, and it also repeals a duplicative 
authorization of a sexual abuse prevention program for runaway 
children which has recently been reauthorized in another 
statute. Sec. 117(b) of Pub. L. No. 108-96.
Section 303. Use of Federal Training Facilities
    Section 303 is intended to ensure that the Justice 
Department uses the most cost-effective training and meeting 
facilities for its employees. For any predominantly internal 
training or conference meeting, subsection (a) requires the 
Justice Department to use only a facility that does not require 
a payment to a private entity for the use of such facility, 
unless specifically authorized in writing by the Attorney 
General. Subsection (b) requires the Attorney General to 
prepare an annual report to the Chairmen and Ranking Members of 
the House and Senate Judiciary Committees that details each 
training or conference meeting requiring authorization under 
subsection (a). The report must 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.
Section 304. Privacy Officer
    Section 304 is intended to ensure that the Justice 
Department safeguards personally identifiable information and 
complies with fair information practices pursuant to 5 U.S.C. 
Sec. 552a. Subsection (a) requires the Attorney General to 
designate a senior official with primary responsibility for 
privacy policy. Subsection (b) specifies that the 
responsibilities of such official include: (1) assuring that 
the Department's use of technologies does not erode privacy 
protections relating to the use, collection, and disclosure of 
personally identifiable information; (2) ensuring that such 
information is handled in full compliance with fair information 
practices; (3) evaluating legislative and regulatory proposals 
concerning the collection, use, and disclosure of such 
information by the Federal Government; (4) conducting a privacy 
impact assessment of the Department's proposed rules on the 
privacy of such information; (5) reporting to Congress on the 
Department's activities that affect privacy; (6) ensuring that 
the Department protects such information and its information 
systems from unauthorized access, use, disclosure, disruption, 
modification, or destruction; and (7) advising the Attorney 
General and Director of the Office of Management and Budget on 
information security and privacy issues pertaining to Federal 
Government information systems. Subsection (c) requires the 
Justice Department to review its policies to assure that it 
treats personally identifiable information in its databases in 
a manner that complies with applicable Federal law pertaining 
to privacy.
Section 305. Bankruptcy Crimes
    Section 305 is intended to ensure the United States Trustee 
Program (a component of the Justice Department) actively 
identifies matters warranting criminal referrals and undertakes 
efforts to prevent bankruptcy fraud and abuse. It requires the 
Director of the Executive Office for United States Trustees to 
prepare an annual report to the Congress detailing: (1) the 
number and types of criminal referrals made by the Program; (2) 
the outcomes of each criminal referral; (3) any decrease in the 
number of criminal referrals from the previous year; and (4) 
the Program's efforts to prevent bankruptcy fraud and abuse, 
particularly with respect to a debtor's failure to disclose 
assets.
Section 306. Report to Congress on Status of United States Persons or 
        Residents Detained on Suspicion of Terrorism
    Section 306 was added by an amendment offered by 
Representative Schiff and adopted by the Committee. Section 306 
requires the Attorney General to submit an annual report to 
Congress specifying the number of United States persons or 
residents detained on suspicion of terrorism.
Section 307. Increased Penalties and Expanded Jurisdiction for Sexual 
        Abuse Offenses in Correctional Facilities
    This section provides for increased penalties under title 
18 for any personnel in a correctional facility that sexually 
abuses an individual in the custody of the Bureau of Prisons.
Section 308. Expanded Jurisdiction for Contraband Offenses in 
        Correctional Facilities
    This section expands the prohibition and penalties in title 
18 for bringing contraband into a prison to include any 
detention facility or institution under the direction of the 
Attorney General.
Section 309. Magistrate Judge's Authority to Continue a Preliminary 
        Hearing
    This section amends current law to make it clear that 
either a district judge or a magistrate judge may extend the 
time limits for a preliminary hearing. It maintains the 
requirement that such extension may be only upon a showing of 
extraordinary circumstances and that justice requires delay.
Section 310. Technical Corrections Relating to Steroids
    This section makes technical corrections to the names of 
two chemicals which were included in the ``Anabolic Steroid 
Control Act of 2004.''
Section 311. Prison Rape Commission Extension
    This section extends the time period for the Prison Rape 
Commission to provide a report to Congress on its findings.
Section 312. Longer Statute of Limitations for Human-Trafficking 
        Related Offenses
    This section extends the statute of limitations for human 
trafficking related offenses under title 18.
Section 313. Use of Center for Criminal Justice Technology
    This section authorizes the Attorney general to make grants 
to the Center for Criminal Justice Technology to provide 
technology assistance and expertise to the criminal justice 
community.
Section 314. SEARCH Grants
    This section authorizes the Attorney General to make grants 
to the National Consortium for Justice Information and 
Statistics to carry out the operations of the National 
Technical Assistance and Training Program.
Section 315. Reauthorization of the Law Enforcement Tribute Act
    This section extends the authorization until FY 2009 for 
the Law Enforcement Tribute Act, which authorizes the 
Department of Justice to give grants to State and local 
governments for building memorials to law enforcement.
Section 316. Amendment regarding bullying and gangs
    This section would amend the Juvenile Accountability Block 
Grants program to allow funds to be used to address bullying 
prevention in schools.
Section 317. Transfer of provisions relating to the Bureau of Alcohol, 
        Tobacco, Firearms and Explosives
    This section transfers the authorization of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives out of title 6 into 
title 28.
Section 318. Reauthorize the gang resistance education and training 
        projects program
    This section reauthorizes the Gang Resistance Education and 
Training Projects Program from FY 2006 through FY 2010.
Section 319. National Training Center
    This section authorizes the Attorney General to use the 
services of the National Training Center in Sioux City, IA to 
continue to provide comprehensive training to communities and 
criminal justice agencies to address the growing threat from 
methamphetamine production, trafficking and use.
Section 320. Sense of Congress relating to ``good time'' release
    This section states that it is the sense of Congress that 
we should study ``good-time'' release programs for nonviolent 
Federal offenders.
Section 321. Police badges
    This section amends the title 18 prohibition on use of a 
false badge to limit the defenses available to someone for 
using a counterfeit badge to use in a dramatic production or 
for a legitimate law enforcement purpose.
Section 322. Officially approved postage
    This section amends title 18 to prevent prosecutions of 
individuals who create postage stamps with the approval of the 
United States Postal Service.

      TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005

Section 401. Short title
    This section establishes the short title for titles IV-X of 
this legislation.
Section 402. Definitions and Requirements for Programs
    The Omnibus Crime Control and Safe Streets Act of 1968 is 
amended by inserting before section 2001 (42 U.S.C. 3796gg) the 
following new sections:
    Sec. 2000A. Clarification that Programs Relating to 
Violence Against Women are Gender Neutral
    Specifies that any grants or other activities for 
assistance to victims of domestic violence, dating violence, 
stalking, sexual assault or trafficking in persons shall be 
construed to cover both male and female victims.
    Sec. 2000B. Definitions that Apply to Any Provision Carried 
Out by the Violence Against Women Office
    This section provides definitions for programs carried out 
by the Office of Violence Against Women.
    Sec. 2000C. Requirements that Apply to Any Grant Program 
Carried Out by the Violence Against Women Office
    This section specifies privacy protections, approved 
activities, non-supplantation, use of funds, evaluation, 
prohibition on lobbying, and prohibition on tort litigation.
    Congress recognizes the importance of ensuring that 
grantees and subgrantees of VAWA programs utilize funding 
effectively. The past 10 years have shown that both 
comprehensive technical assistance and targeted technical 
assistance and training for grantees have been extremely 
useful. In addition, local grantees and subgrantees have been 
very helpful in developing best practices in the work of their 
community partners in social services and the justice system. 
Peer to peer cross-training has improved system responses 
throughout the country. Educating existing grantees and new 
grantees about the scope and changes in the laws regarding 
domestic violence, dating violence, sexual assault, and 
stalking is crucial to ensuring efficient and consistent 
service delivery. It is important that any technical assistance 
and training model implemented under VAWA grant programs should 
anticipate, rather than simply respond to grantees' and 
subgrantees' questions. Good technical assistance and training 
for VAWA grantees and subgrantees includes offering proactive 
solutions, regular training, implementation guidance, and best 
practices.

    TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                                VIOLENCE

Section 501. STOP Grants Improvements
    This section reauthorizes and makes modifications to the 
STOP grant program, which provides State formula grants that 
bring police and prosecutors in close collaboration with victim 
services for racial and ethnic minorities and ensures victim 
confidentiality. It also conditions receiving grants on the 
grantee not making available publicly on the Internet 
information regarding protection or restraining orders or 
injunctions. This section mandates that law enforcement 
officials who wish to receive grants under this program cannot 
mandate a polygraph test as a requirement for proceeding with 
an investigation or arrest. This section eliminates the 
matching requirements for small law enforcement agencies and 
victim service providers with an annual operating budget under 
$5 million.
Section 502. Grants to Encourage Arrest and Enforce Protection Orders 
        Improvements
    This section reauthorizes this program, which was adopted 
in the Violence Against Women Act of 1994. States and 
localities use this funding to develop and strengthen programs 
and policies that encourage police officers to arrest abusers 
who commit acts of violence or violate protection orders. This 
section includes modifications to this program to provide 
technical assistance to improve tracking of cases in a manner 
that preserves confidentiality and privacy protections for 
victims. Modifications to this program were made by this 
section to encourage victim service programs to collaborate 
with law enforcement to assist pro-arrest and protection order 
enforcement policies. In addition, this section authorizes 
family justice centers and extends pro-arrest policies to 
sexual assault cases.
Section 503. Legal Assistance for Victims Improvements
    This section reauthorizes the grant program for legal 
services for protection orders and family, criminal, 
immigration, administrative agency, and housing matters. It 
allows victims of domestic violence, dating violence, stalking, 
and sexual assault to obtain access to trained attorneys and 
lay advocacy services, particularly pro bono legal services, 
when they require legal assistance as a consequence of 
violence. The program has been expanded to provide services to 
both adult and youth victims.
Section 504. Court training and improvements
    This section authorizes a training program to educate the 
courts and court-related personnel in the areas of domestic 
violence, dating violence, sexual abuse and stalking. This 
section also authorizes one or more grants to create general 
curricula for State and tribal judiciaries to use when 
educating in the areas of domestic violence, dating violence, 
sexual assault and stalking in order to ensure that all States 
have access to consistent and appropriate information. Finally, 
it creates a program to improve court access for teens.
Section 505. Full faith and Credit Improvements
    This section makes technical amendments to the criminal 
code to clarify that courts should enforce the protection 
orders (to both adult and minor victims) issued by civil and 
criminal courts in other jurisdictions.
Section 506. Privacy Protections for Victims of Domestic Violence, 
        Dating Violence, Sexual Violence, and Stalking
    This section establishes a task force to compose a best 
practices model on protecting privacy and authorizes the 
Attorney General to perform a demonstration project to 
implement the best practices model.
Section 507. Stalker Database
    This section reauthorizes the stalker database for each 
fiscal year 2006 through 2010.
Section 508. Victim Assistants for District of Columbia
    This section authorizes $ 1 million for fiscal year 2006 
through 2010 for victim advocates for the prosecution of sex 
crimes and domestic crimes where applicable.
Section 509. Preventing Cyberstalking
    This section amends title 18 to prevent stalking over the 
Internet by allowing Federal prosecutors more discretion in 
charging stalking cases that occur entirely over the Internet.
Section 510. Repeat Offender Provision
    This section amends title 18 to permit doubling the 
applicable penalty for repeat Federal domestic violence 
offenders.
Section 511. Prohibiting Dating Violence
    This section amends the existing definition of domestic 
violence to include dating violence.
Section 512. GAO Study and Report
    This section directs the General Accounting Office to study 
the extent to which men, women, youth, and children are victims 
of violence and the availability of services to address the 
needs of these individual groups.

 TITLE VI--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                 VIOLENCE, SEXUAL ASSAULT, AND STALKING

Section 601. Technical amendment to Violence Against Women Act
    This section specifies that funds appropriated under this 
part may only be used for programs specified in the part.
Section 602. Sexual Assault Services Program
    This section creates a separate and direct funding stream 
dedicated to sexual assault services for each fiscal year 2006 
through 2010.
Section 603. Amendments to the Rural Domestic Violence and Child Abuse 
        Enforcement Assistance Program
    This section reauthorizes and expands the existing 
education, training and services grant programs that address 
violence against women in rural areas.
Section 604. Assistance for Victims of Abuse
    This section consolidates programs to provides services for 
victims of abuse who are elderly or disabled, including 
programs to provide training, consultation, and information on 
domestic violence, dating violence, stalking, and sexual 
assault.
Section 605. GAO Study of National Domestic Violence Hotline.
    This section requires the GAO to perform a study of the 
National Domestic Violence Hotline to determine the 
effectiveness of the Hotline.
Section 606. Grants for Outreach to Underserved Populations.
    This section authorizes $2 million for fiscal year 2006 
through 2010 to provide grants to carry out public information 
campaigns focused on addressing adult or minor domestic 
violence, dating violence, sexual assault, stalking or 
trafficking within tribal, racial, and ethnic populations and 
immigrant communities.

   TITLE VII. SERVICES, PROTECTION AND JUSTICE FOR YOUNG VICTIMS OF 
                                VIOLENCE

Section 701. Services and Justice for Young Victims of Violence
    This section establishes two grant programs to assist 
children and youth (between the ages of 12 and 24) who witness 
domestic violence in the home or are victims of domestic 
violence, dating violence, sexual assault or stalking. The 
first grant program would establish collaboration between law 
enforcement, the courts and child welfare agencies to enhance 
community responses to domestic violence and the effects on 
children. The second program includes grants to assist youth 
who are victims of domestic violence, dating violence, sexual 
assault and stalking.
Section 702. Grants to Combat Violent Crimes on Campuses
    This section reauthorizes a program administered by the 
Department of Justice to provide grants to colleges and 
universities to develop and strengthen effective security and 
investigation strategies to combat domestic violence, dating 
violence, sexual assault and stalking.
Section 703. Safe Havens
    This section improves and reauthorizes the Safe Havens 
program, which currently is authorized to provide a safe place 
for exchange of children in custody situation where there is 
domestic violence. This section improves the program by clearly 
authorizing the program to provide services to ensure the 
safety of parents and prevent the children from witnessing 
domestic violence.
Section 704. Grants to Combat Domestic Violence, Dating Violence, 
        Sexual Assault and Stalking in Middle and High Schools
    This section authorizes grants to train school personnel to 
recognize signs of violence in middle school and high school 
and establish policies for intervention.

TITLE VIII--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN 
                                THE HOME

Section 801. Preventing Violence in the Home
    This section would authorize programs for mentoring, 
advocacy and counseling for young victims of domestic violence 
and training for and coordination for programs that serve 
children and youth. Grants to communities to establish 
alliances between men, women and youth to prevent domestic 
violence, dating, violence, sexual assault and stalking are 
also included in this section. This section authorizes $5 
million to establish a program to train home visitation 
providers in recognizing signs of domestic violence.

         TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

Section 900. Short Title of Title; References to VAWA-2000; Regulations
    This section requires that regulations implementing both 
this Act (including materials and dissemination under section 
922) and the Act reauthorizing the Violence Against Women Act 
in 2000 (``VAWA 2000''), be issued within 180 days of this 
Act's enactment. In applying such regulations, in the case of 
petitions or applications affected by the changes made by the 
Acts, there shall be no requirement to submit an additional 
petition, application, or certification from a law enforcement 
agency with the date of the application for interim relief 
establishing the priority date of counting time towards 
adjustment of status. However, the Department of Homeland 
Security may request additional evidence be submitted when the 
documentation supporting an outstanding VAWA self-petition or 
justifying interim relief is now insufficient.

                      SUBTITLE A--VICTIMS OF CRIME

Section 901. Conditions Applicable to U and T Visas.
    U visas are available to victims of certain crimes who 
cooperate with law enforcement in investigations and/or 
prosecutions. T visas are available to the victims of 
trafficking who cooperate with law enforcement in 
investigations and/or prosecutions. Certain family members of T 
visa recipients can also receive T visas.
    Section 901(a) provides that certain family members and 
trafficking victims can receive T visas without having to first 
show that the visas are necessary to avoid ``extreme 
hardship.''
    Section 901(b) provides that T and U visas shall be issued 
for 4 years and may be extended under certain conditions. This 
provides victims who qualify for permanent residence sufficient 
time to file before their visas expire. An extension shall be 
granted upon certification from a government official that the 
victim's presence is required to assist a criminal 
investigation or prosecution, or to give the Bureau of 
Citizenship and Immigration Services (``CIS'') time to 
adjudicate the petitions for permanent residence and for 
adjustment of status to permanent residence.
    Section 901(c) provides that aliens in the U.S. on K 
(fiance or spouse) and S (informant) visas, or pursuant to the 
visa waiver program, are not prohibited from qualifying for T 
and U visa status. Aliens who came to the U.S. on J visas to 
receive graduate medical training, and aliens who are subject 
to the 2-year foreign residence requirement, may also qualify 
for T and U status.
    Section 901(d) provides that aliens can qualify for T 
status if they respond to and cooperate with requests for 
evidence and information from law enforcement officials. It 
also permits State and local law enforcement officials 
investigating or prosecuting trafficking-related crimes to file 
a request (and certification) asking DHS to grant continued 
presence to trafficking victims.
Section 902. Clarification of Basis for Relief Under Hardship Waivers 
        for Conditional Permanent Residence
    The Secretary of Homeland Security can remove the 
conditional status of an alien who became a permanent resident, 
as the spouse of a U.S. citizen or permanent resident without 
the joint filing of a petition with the U.S. citizen or 
permanent resident spouse, upon the showing of hardship, 
battery, or certain other factors. This section provides that 
an application for such relief may be amended to change the 
ground or grounds for such relief without having to be 
resubmitted. The ability in current law to file hardship 
waivers while outside of the United States will not be 
available to applicants who have a final removal order in 
effect that was issued after the alien was granted conditional 
residency.
Section 903. Adjustment of Status for Victims of Trafficking
    The Secretary of Homeland Security can adjust the status of 
a T visa recipient to that of a permanent resident after 3 
years of physical presence in the U.S. under a T visa or after 
being granted ``continued presence'' by Federal law enforcement 
officials.
    Section 903(a) provides that for aliens who have been 
granted both a T visa and continued presence, the required 3-
year period may be counted by starting from the earlier of 
either the date on which an alien was granted continued 
presence by DHS, or the date on which the T visa was granted. 
In addition, the Secretary may waive or reduce the required 3-
year period if the Federal, State, or local law enforcement 
official investigating or prosecuting the relevant trafficking 
has no objection. An alien seeking to adjust status must be of 
good moral character through the 3-year period.
    Section 903(b) provides that the Secretary may waive a 
factor that would otherwise disqualify the alien from being 
considered to have good moral character if there is a 
connection between the disqualifying factor and the trafficking 
of the alien. The Committee recognizes that DHS has issued 
policy memoranda defining ``connection'' in two other VAWA 
related contexts. See USCIS Interoffice Memorandum HQOPRD 70/
8.1/8.2, January 19, 2005, from Paul E. Novak to William R 
Yates and INS Memorandum HQADN/70/8, January 2, 2002, from 
Michael A. Pearson to Stuart Anderson. The Committee encourages 
the Department of Homeland Security to use standards and 
analysis similar to those described in these memos when 
defining the term ``connection'' for the purposes of this 
section, sections 917, 919, 932, and 935 of this Act, and other 
VAWA-related provisions of the Immigration and Nationality Act 
(``INA'').
    Section 903(c) provides that the Secretary must, as part of 
an already required annual report, include statistics regarding 
the number of law enforcement officials who have been trained 
in the identification and protection of trafficking victims and 
their eligibility for T visas.

                     SUBTITLE B--VAWA PETITIONERS.

Section 911. Definition of VAWA Petitioner
    This section defines a ``VAWA petitioner'' as an alien who 
has applied for classification or relief under a number of 
provisions of the INA, including those who have filed self-
petitions for permanent residence as the battered spouses and 
children of U.S. citizens and permanent residents and, pursuant 
to this bill, as the battered parents of U.S. citizens. Also 
included in this definition are applicants for certain benefits 
under the Cuban Adjustment Act, the Haitian Refugee Immigrant 
Fairness Act (``HRIFA''), and the Nicaraguan Adjustment and 
Central American Relief Act (``NACARA'').
    In 1997, the Immigration and Naturalization Service 
consolidated adjudication of VAWA self-petitions and VAWA-
related cases in one specially trained unit that adjudicates 
all VAWA immigration cases nationally. The unit was created 
``to ensure sensitive and expeditious processing of the 
petitions filed by this class of at-risk applicants . . .'', to 
``[engender] uniformity in the adjudication of all applications 
of this type'' and to ``[enhance] the Service's ability to be 
more responsive to inquiries from applicants, their 
representatives, and benefit granting agencies.'' See 62 Fed. 
Reg. 16607-16608 (1997). T visa and U visa adjudications were 
also consolidated in the specially trained VAWA unit. See, 
USCIS Interoffice Memorandum HQINV 50/1, August 30, 2001, from 
Michael D. Cronin to Michael A. Pearson, 67 Fed. Reg. 4784 
(Jan. 31, 2002).
    Consistent with these procedures, the Committee recommends 
that the same specially trained unit that adjudicates VAWA 
self-petitions, T and U visa applications, process the full 
range of adjudications, adjustments, and employment 
authorizations related to VAWA cases (including derivative 
beneficiaries) filed with DHS: VAWA petitions T and U visas, 
VAWA Cuban, VAWA NACARA (Sec. Sec. 202 or 203), and VAWA HRIFA 
petitions, 214(c)(15)(work authorization under section 933 of 
this Act), battered spouse waiver adjudications under 
216(c)(4)(C) and (D), applications for parole of VAWA 
petitioners and their children, and applications for children 
of victims who have received VAWA cancellation.
Section 912. Self-Petitioning for Children
    This section ensures that immigrant children who are 
victims of incest and child abuse get full access to VAWA 
protections. Additionally, this section extends Child Status 
Protection Act relief to children who qualify for VAWA 
immigration relief.
    Section 912(a) provides that the minor child of a U.S. 
citizen or permanent resident may self-petition for permanent 
residence if the abusive parent has died or otherwise 
terminated the parent-child relationship within the past 2 
years (or, if later, 2 years after the date the child attains 
the age of 18). Also, the alien spouse of a permanent resident 
may self-petition for permanent residence if the abusive 
permanent resident spouse died within the past 2 years.
    Section 912(b) provides protections that prevent children 
from ``aging out'' of access to VAWA relief. The section 
guarantees that child self-petitioners, who are abused by 
citizen parents, will continue to be treated as immediate 
relatives (or as petitioners for preference status if 
subsequently married) if they turn 21 during the processing of 
their petitions. Child self-petitioners who are abused by 
permanent resident parents will be treated as applicants for 
``2A'' preference status as the minor children of a permanent 
resident, if they turn 21 during the processing of their 
petitions.
    Section 912(c) provides that the application for adjustment 
of status to permanent residence of an alien who self-
petitioned for permanent residence shall also serve as an 
adjustment application for any derivative children. Derivative 
children of self-petitioners will receive lawful permanent 
residency along with their self-petitioning parents.
    Section 912(d) provides that alien child abuse and incest 
victims who would have qualified to self-petition as the minor 
children of U.S. citizens or permanent residents can file the 
petition until the aliens attain the age of 25. This allows 
child abuse victims time to escape their abusive homes, secure 
their safety, access services and support that they may need, 
and address the trauma of their abuse.
Section 913. Self-Petitioning Parents
    This section extends the ability to self-petition to the 
parent of an adult U.S. citizen who resides or has resided with 
the U.S. citizen son or daughter, if the alien demonstrates 
that he or she has been battered by, or has been the subject of 
extreme cruelty perpetrated by, their U.S. citizen son or 
daughter.
Section 914. Promoting Consistency in VAWA Adjudications
    This section promotes consistency in VAWA adjudications by 
making technical corrections that replace references to 
``domestic violence'' with references to ``battery or extreme 
cruelty,'' the domestic abuse definition codified in the 
Violence Against Women Act of 1994 (``VAWA 1994''), the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 
(``IIRIRA'') and regulations implementing the battered spouse 
waiver.
Section 915. Relief for Certain Victims Pending Actions on Petitions 
        and Applications for Relief
    Section 915(a)(1) provides that the Secretary of Homeland 
Security may grant deferred action to an alien who has filed a 
prima facie valid petition as a VAWA petitioner, or for T or U 
visa status, during the pendency of the application. The 
current practice of granting deferred action to approved VAWA 
self petitioners shall continue. Aliens with deferred action 
status shall not be removed or deported. Prima facie 
determinations and deferred action grants called for in this 
section shall be made by the specially trained unit of 
immigration benefits adjudicators (currently at CIS) 
responsible for adjudicating VAWA petitions. These immigration 
benefits adjudicators (CIS) have authority to grant deferred 
action status in VAWA cases for the Department of Homeland 
Security. Immigration enforcement officials (currently at the 
Bureau of Immigration and Customs Enforcement and the Bureau of 
Customs and Immigration Enforcement) are not authorized to 
revoke deferred action, but may ask the specially trained CIS 
unit to review a case and determine whether or not to revoke a 
deferred action grant. Only the Secretary of Homeland Security 
(or a delegated official but only if that official has 
management authority over both the immigration services and 
immigration enforcement functions) may overrule a CIS grant of 
deferred action to an alien victim. Immigration enforcement 
officers should refer aliens they encounter who may qualify for 
relief under this Act to immigration benefits adjudicators 
handling VAWA cases at CIS.
    This Committee encourages the Secretary of DHS to (a) 
develop a training program for trial attorneys and other DHS 
staff who regularly encounter alien victims of crimes, and (b) 
craft and implement policies and protocols on appropriate 
handling by DHS officers of cases under VAWA 1994, the Acts 
subsequently reauthorizing VAWA, and IIRIRA.
    Section 915(a)(2) aims to discourage detention of aliens 
whom VAWA offers immigration relief. This section requires that 
an alien whose application as a VAWA petitioner or for T or U 
visa status has been approved may not be detained unless 
detention is required for terrorist activity or certain 
criminal activity.
    Section 915(a)(3) provides that an alien whose petition as 
a VAWA petitioner or for T status has been approved shall be 
granted work authorization. U visa applicants are provided work 
authorization under existing law.
    Section 915(b) provides that an alien who has filed a prima 
facie application for cancellation of removal as a battered 
alien shall not be removed or deported during the pendency of 
the application.
    Under current law DHS has the discretionary authority to 
consent to the readmission of a previously removed alien (using 
the existing I-212 process). The protection VAWA offers 
immigrant victims of domestic violence, sexual assault and 
trafficking is undermined when otherwise qualified victims are 
cut off from VAWA benefits because of a prior removal from the 
United States. The victims, should they return to the U.S. 
without authorization, become subject to reinstatement of 
removal. This Committee encourages DHS to make use of its 
discretion in granting readmission to appropriately assist 
aliens with humanitarian cases including but not limited to, 
victims of domestic violence, sexual assault, victims of 
trafficking and crime victims who are cooperating in criminal 
investigations.
Section 916. Access to VAWA Protection Regardless of Manner of Entry
    Section 916 has been designed to address Congress' concerns 
about U.S. citizen abusers who use the K visa process to 
petition for aliens outside the United States and abuse them. 
This section protects these abused aliens by allowing them to 
self-petition for permanent residence as well as making them 
eligible for VAWA cancellation of removal and VAWA suspension 
of deportation. The section also works in conjunction with 
section 922 to prevent further abuse by instituting measures to 
distribute information that can help the K visa recipients 
learn about domestic violence protections available to them in 
the United States. It also provides them specific information 
about their U.S. citizen petitioners' criminal conviction 
history. Additionally, this section limits the ability of 
abusive U.S. citizens to repeatedly petition for K visas for 
aliens outside the U.S.
    Section 916(a) provides that an alien may self-petition as, 
or in the same manner as, the spouse of a U.S. citizen if the 
alien entered the U.S. under a K visa with the intent to enter 
into a valid marriage and the alien (or the alien's child) was 
battered or subject to extreme cruelty in the U.S. by the U.S. 
citizen who filed the K visa petition. Also, such an alien does 
not have to depart within 3 months if the marriage does not 
occur.
    Section 916(b) provides that a VAWA petitioner and a K visa 
recipient who seeks adjustment of status to that of permanent 
residence on the basis of an approved petition as a VAWA 
petitioner does not have to first go through 2 years of 
conditional permanent residence. Also, an alien who entered 
under a K visa with the intent to enter into a valid marriage 
and the alien (or child) was battered or subject to extreme 
cruelty in the U.S. by the U.S. citizen who filed the K visa 
petition is eligible for cancellation of removal as a battered 
alien if the alien meets the other requirements for 
cancellation.
    The Committee seeks to deter filing of K visa applications 
by U.S. citizens with histories of domestic violence, sexual 
assaults, and child abuse, by requiring full disclosure to K 
visa recipients of information on any criminal convictions for 
these offenses by their petitioners. Section 916(c) provides 
that a U.S. citizen filing a petition for an alien for a K visa 
must include information on any criminal convictions for 
domestic violence, sexual assault, or child abuse. Following 
current practice, this information will be provided under 
penalty of perjury. See e.g., Form I-130 (Rev. 06/05/02) 
(requiring petitioner to ``certify, under penalty of perjury 
under the laws of the United States of America, that the 
foregoing is true and correct.'').
    A consular officer may not approve a petition without 
verifying that the petitioner has not previously petitioned for 
more than two aliens applying for K visas. If the petitioner 
has had such a petition previously approved, the consular 
officer must verify that 2 years have elapsed since the filing 
of the previous petition. The Secretary of Homeland Security 
may grant waivers of the 2-year waiting period or the limit on 
filing more than two petitions. The waivers included here were 
designed to give DHS the discretion to waive both the time and 
number limitations when K visa applications are filed by non-
abusive U.S. citizens. Such waivers may be appropriate, for 
example, for non-abusive U.S. citizens who live abroad and may 
be more likely to marry foreign spouses, or in cases of unusual 
circumstances, such as the sudden death of an alien approved 
for a prior K visa.
    Section 916(d) provides that an alien who was the spouse or 
minor child of an alien granted asylum at the time of the 
granting of asylum, and who (or whose child) was battered or 
the subject of extreme cruelty by the asylee, is eligible for 
adjustment of status although they may have divorced or 
separated from the asylee.
    Under current law, visa waiver entrants who are placed in 
removal proceedings are precluded from obtaining relief from 
removal, other than asylum. Section 916(e) guarantees access to 
VAWA relief for entrants under the visa waiver program by 
allowing those placed in removal proceedings to seek VAWA 
adjustment of status, VAWA cancellation of removal, VAWA self-
petition, VAWA suspension of deportation and T and U visas.
    Section 916(f) provides that an alien who has failed to 
meet the 2-year return requirement of a J visa may still file a 
petition as a VAWA petitioner, or for a T or U visa.
Section 917. Eliminating Abusers' Control Over Applications for 
        Adjustments of Status
    VAWA 2000 created routes to lawful permanent residence for 
abused spouses and children of primary applicants under various 
nationality-based immigration laws. Section 917 assures that a 
family members' eligibility for status will hinge neither on an 
abuser's filing status, nor on an ongoing relationship with or 
marriage to the abuser in order to eliminate an abuser's 
control over the abused family member. See section 936 for 
further amendments regarding the motions to reopen removal 
proceedings for battered aliens under VAWA.
    Section 917(a) and (b) provide that the motions to reopen 
for abused aliens apply to all VAWA petitioners, VAWA 
cancellation of removal applicants and to those seeking 
adjustment of status in proceedings.
    Section 917(c) allows abused spouses and children eligible 
for legal immigration status as Nicaraguans or Cubans under 
NACARA to apply for such status, even if the abuser did not 
apply for status and even through the deadline for filing has 
past.
    Section 917(d) provides that an alien who was the spouse of 
a Cuban eligible for adjustment under the Cuban Adjustment Act 
shall continue to be treated as such a spouse for 2 years after 
the date on which the Cuban dies, or for 2 years after the date 
of termination of the marriage, if the alien demonstrates a 
connection between the termination of the marriage and being 
battered or subject to extreme cruelty by the Cuban.
    Section 917(e) provides that if an alien abuser was 
eligible for status under HRIFA, but did not apply for status, 
the alien's abused spouse or children at the time may now apply 
for legal immigration status on their own.
    Section 917(f) allows abused spouses and children to file 
their own suspension of deportation applications under NACARA 
if they were abused by a Guatemalan, Salvadoran or Eastern 
European abuser who was eligible for suspension of deportation 
under pre-1996 rules pursuant to NACARA. Abused spouses and 
children are also allowed to file motions to reopen their prior 
removal or deportation case using VAWA.
    Section 917(g) provides that an individual who was a VAWA 
petitioner, or had a T or U visa, may not file an immigrant or 
nonimmigrant petition for the person who committed the battery 
or extreme cruelty or trafficking against the individual which 
established the individual's eligibility as a VAWA petitioner, 
or for T or U status.
Section 918. Parole for VAWA Petitioners and for Derivatives of 
        Trafficking Victims
    VAWA 2000 allowed victims of domestic violence abused by 
U.S. citizen and lawful permanent resident spouses to file VAWA 
self-petitions from outside of the U.S. if they had been abused 
in the U.S. or if their abuser was a member of the uniformed 
services or a government employee. Modeled after the VAWA 2000 
protection offered to children on VAWA cancellation of removal 
grantees, section 918 assures that VAWA petitioners, their 
derivative children and children of trafficking victims, can 
enter the U.S. by requiring the Secretary of Homeland Security 
to grant parole to:

         La VAWA petitioner whose petition was approved 
        based on having been battered or subject to extreme 
        cruelty by a U.S. citizen spouse, parent, or child and 
        who is admissible and eligible for an immigrant visa;

         La VAWA petitioner whose petition was approved 
        based on having been battered or subject to extreme 
        cruelty by a permanent resident spouse or parent, who 
        is admissible and who would be eligible for an 
        immigrant visa but for the fact that an immigrant visa 
        is not immediately available, if at least 3 years have 
        elapsed since the alien's priority date; and

         Lan alien who the Secretary of State 
        determines would, but for an application or approval, 
        meet the conditions for approval for a T visa as a 
        family member of the trafficking victim.

    When a VAWA petitioner's abuser is a permanent resident 
spouse or parent, the 3 year waiting period for the petitioner 
and any derivative children will be calculated based on the 
priority date assigned to the VAWA petition under 8 C.F.R. 
Sec. 204.2(h)(2).
Section 919. Exemption of Victims of Domestic Violence, Sexual Assault 
        and Trafficking from Sanctions for Failure to Depart 
        Voluntarily
    Section 919 provides that an alien who is a VAWA 
petitioner, or is seeking a T or U visa, or is seeking 
cancellation of removal or VAWA suspension as a battered alien 
is not subject to the penalties for failing to depart after 
agreeing to a voluntary departure order, if there is a 
connection between the failure to depart and the battery or 
extreme cruelty, trafficking, or criminal activity making them 
eligible to seek such status. As discussed in section 903, the 
Committee encourages the DHS to define ``connection'' for 
purposes of this section using similar standards and analysis 
to those described in the two policy memoranda cited in section 
903.
Section 920. Clarification of Access to Naturalization for Victims of 
        Domestic Violence
    Section 920 provides that any alien who was subject to 
battery or extreme cruelty by a U.S. citizen spouse or parent 
may naturalize after 3 years as a permanent resident, 
regardless of whether the lawful permanent resident status was 
obtained on the basis of such battery or cruelty. This section 
prevents alien domestic violence victims from being forced by 
naturalization laws to remain in abusive marriages or to wait 
two additional years to file for naturalization. It allows 
victims the same access to 3-year naturalization they would 
have if their U.S. citizen spouse did not abuse them.
Section 921. Prohibition of Adverse Determinations of Admissibility or 
        Deportability Based on Protected Information
    In 1996, Congress created special protections for victims 
of domestic violence against disclosure of information to their 
abusers and the use of information provided by abusers in 
removal proceedings. In 2000, and in this Act, Congress 
extended these protections to cover victims of trafficking, 
certain crimes and others who qualify for VAWA immigration 
relief. These provisions are designed to ensure that abusers 
and criminals cannot use the immigration system against their 
victims. Examples include abusers using DHS to obtain 
information about their victims, including the existence of a 
VAWA immigration petition, interfering with or undermining 
their victims' immigration cases, and encouraging immigration 
enforcement officers to pursue removal actions against their 
victims.
    This Committee wants to ensure that immigration enforcement 
agents and government officials covered by this section do not 
initiate contact with abusers, call abusers as witnesses or 
relying on information furnished by or derived from abusers to 
apprehend, detain and attempt to remove victims of domestic 
violence, sexual assault and trafficking, as prohibited by 
section 384 of IIRIRA. In determining whether a person 
furnishing information is a prohibited source, primary evidence 
should include, but not be limited to, court records, 
government databases, affidavits from law enforcement 
officials, and previous decisions by DHS or Department of 
Justice personnel. Other credible evidence must also be 
considered. Government officials are encouraged to consult with 
the specially trained VAWA unit in making determinations under 
the special ``any credible evidence'' standard.
    Section 921(a) and (b) provide that the Secretary of 
Homeland Security and the Attorney General and other Federal 
officials may not use information furnished by, or derived from 
information provided solely by, an abuser, crime perpetrator or 
trafficker to make an adverse determination of admissibility or 
removal of an alien. However, information in the public record 
and government data bases can be relied upon, even if 
government officials first became aware of it through an 
abuser.
    Section 921(c) provides that this provision shall not apply 
to prevent information from being disclosed, in a manner that 
protects victim confidentiality and safety, to the chairs and 
Ranking Members of the House and Senate Judiciary Committees, 
including the Immigration Subcommittees, in the exercise of 
their oversight authority.
    Section 921(d) provides that in the case of an alien 
applying for relief as a special immigrant juvenile who has 
been abused, neglected, or abandoned, the government may not 
contact the alleged abuser.
    Section 921(e) provides that investigation and enforcement 
of these provisions shall be by the Office of Professional 
Responsibility of the Justice Department.
    Section 921(f) establishes a system to verify that removal 
proceedings are not based on information prohibited by section 
384 of IIRIRA. DHS must certify that:

         L(1) no enforcement action was taken leading 
        to such proceedings against an alien at certain places 
        including a domestic violence shelter, a rape crisis 
        center, and a courthouse if the alien is appearing in 
        connection with a protection order or child custody 
        case, or that

         L(2) such an enforcement action was taken, but 
        that there was no violation of the aforementioned 
        provisions. Persons who knowingly make a false 
        certification shall be subject to penalties.

    Removal proceedings filed in violation of section 384 of 
IIRIRA shall be dismissed. However, further proceedings can be 
brought if not in violation of section 384.
Section 922. Information for K Nonimmigrants About Legal Rights and 
        Resources for Immigrant Victims of Domestic Violence
    Section 922 contains provisions designed to allow K visa 
applicants to make informed decisions about their marriage to a 
U.S. citizen and have information about how to gain help if 
they experience battering or extreme cruelty at the hands of 
their U.S. citizen spouse or fiance. This section provides that 
the Secretary of Homeland Security shall consult with non-
governmental organizations with expertise on the legal rights 
of immigrant victims and the Departments of Justice and State 
to develop consistent and accurate materials, including an 
information pamphlet, on legal rights and resources for 
immigrant victims of domestic violence for dissemination to 
applicants for K visas. The following materials will be mailed 
to K visa applicants with an instruction packet regarding the 
visa process: the information pamphlet; a copy of the K visa 
application (including information about criminal convictions 
of the U.S. citizen sponsor for domestic violence, sexual 
assault and child abuse as provided for in section 916); and 
any information that DHS possesses about the petitioner who 
filed the K visa (e.g. from IBIS (the Interagency Border 
Inspection System), National Crime Information Center, or 
Federal and State domestic violence databases) regarding 
convictions for crime(s) of violence as defined in 18 U.S.C. 
sec. 16, any similar State conviction, or any domestic violence 
adjudication. Information from the pamphlet and regarding 
convictions will be orally transmitted by consular officers at 
the applicant's interview. It is the intent of Congress that 
this section does not create an actionable ground for lawsuits 
against DHS or other any government agency. In implementing 
this section, consistent with and under the requirements of 
Section 900(c) of this Act, the Secretary of Homeland Security 
shall develop and put in use the information, materials and 
distribution mechanism described in section 922(a) through (e) 
not later than 180 days from enactment.
Section 923. Authorization of Appropriations
    This section authorizes appropriations of such sums as may 
be necessary for the Department of Homeland Security's 
specially trained unit to adjudicate applications, adjustments, 
and employment authorizations related to VAWA cases (primary or 
derivative) filed with DHS.

                  SUBTITLE C--MISCELLANEOUS PROVISIONS

Section 931. Removing 2 Year Custody and Residence Requirement for 
        Battered Adopted Children
    Section 931 provides that an adopted alien qualifies as a 
child for immigration purposes, despite not having been in the 
legal custody of, or having resided with, the adopting parent 
for at least 2 years, 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. This 
section, consistent with VAWA's protective purpose, ensures 
that child abuse victims are not required to suffer abuse or 
risk losing immigration benefits they would otherwise receive 
if they had not been subjected to child abuse.
Section 932. Waiver of Certain Grounds of Inadmissibility for VAWA 
        Petitioners
    Section 932(a) provides that the Secretary of Homeland 
Security may waive the ground of inadmissibility for falsely 
claiming to be a U.S. citizen in the case of a VAWA petitioner 
who demonstrates a connection between the false claim and the 
alien's being subjected to battery or extreme cruelty. As 
discussed in section 903, the Committee encourages the 
Department of Homeland Security to define ``connection'' for 
purposes of this section using the standards and analysis 
described in the previously cited policy memoranda.
    Section 932(b) provides that the public charge ground of 
inadmissibility shall not apply to a VAWA petitioner or a 
qualified alien described in the Personal Responsibility and 
Work Opportunity Reconciliation Act.
Section 933. Employment Authorization for Battered Spouses of Certain 
        Nonimmigrants
    Section 933 provides that an alien spouse admitted under 
the A (foreign diplomats), E-3 (Australian professionals), G 
(international organizations), or H (temporary worker) visa 
programs accompanying or following to join a principal alien 
shall be granted work authorization if the spouse demonstrates 
that during the marriage he or she (or a child) has been 
battered or has been subjected to extreme cruelty perpetrated 
by the principal alien. This section is intended to reduce 
domestic violence by giving victims tools to protect themselves 
and hold abusers accountable. Research has found the financial 
dependence on an abuser is a primary reason that battered women 
are reluctant to cooperate in their abuser's prosecution. With 
employment authorization, many abused spouses protected by this 
section will be able to attain work providing them the 
resources that will make them more able to safely act to stop 
the domestic violence. The specially trained CIS unit shall 
adjudicate these requests.
Section 934. Grounds for Hardship Waiver for Conditional Permanent 
        Residence for Intended Spouses
    Section 934 adds an additional ground for a hardship waiver 
of the 2-year conditional permanent resident joint petition 
requirement for an alien spouse of a citizen or permanent 
resident. Under this section such spouses may qualify for a 
waiver if, following the marriage ceremony, the alien has been 
battered or subject to extreme cruelty by their intended U.S. 
citizen spouse. This section allows battered immigrants who 
participated in a marriage ceremony and unknowingly married an 
abusive U.S. citizen or lawful permanent resident bigamist to 
avail themselves of an intended spouse hardship waiver and 
attain lawful permanent residency.
Section 935. Cancellation of Removal
    VAWA 2000 created several new waivers and exceptions to 
deportation and grounds of inadmissibility that might otherwise 
bar domestic violence victims from gaining immigration status. 
Due to a drafting error, immigration judges could not utilize 
many of these waivers and exceptions. Section 935(a) clarifies 
that immigration judges can utilize these waivers and 
exceptions to provide relief for VAWA applicants. This 
subsection shall apply retroactively as if included in VAWA 
2000. Judges are expected to continue to exercise discretion, 
where appropriate, in determining ultimate eligibility for the 
waivers and exceptions, taking into account the ameliorative 
intent of these laws. This section also provides that an alien 
remains eligible for cancellation of removal as a battered 
alien if removable for failure to register or document fraud or 
for marriage fraud (if there was a connection between the 
marriage fraud and the battery or extreme cruelty; this 
Committee encourages the Department of Homeland Security to 
define ``connection'' for purposes of this section using 
standards and analysis similar to that described in the 
previously cited policy memoranda).
    Section 935(b) provides that the 4,000 annual limit on 
cancellations of removal does not apply to cancellations of 
removal of battered aliens.
Section 936. Motions to Reopen
    Section 936 contains amendments that clarify the VAWA 2000 
motions to reopen for abused aliens, enabling otherwise 
eligible VAWA applicants to pursue VAWA relief from removal, 
deportation or exclusion. This section provides that the 
limitation of one motion to reopen a removal proceeding shall 
not prevent the filing of one special VAWA motion to reopen. In 
addition, a VAWA petitioner can file a motion to reopen removal 
proceedings after the normal 90-day cut-off period, measured 
from the time of the final administrative order of removal. 
However, such battered aliens must be physically present in the 
U.S. at the time of filing the special motion. The filing of a 
special VAWA motion to reopen shall stay the removal of the 
alien pending final disposition of the motion, including 
exhaustion of all appeals, if the motion establishes a prima 
facie case for the relief. One VAWA 2005 post-enactment motion 
to reopen may be filed by a VAWA applicant. Aliens who filed 
and were denied special VAWA motions under VAWA 2000 may file 
one new motion under this Act.
Section 937. Removal Proceedings
    Some abusers have prevented their victims from attending 
their removal proceedings. As a result, these battered victims 
are ordered deported in absentia. Under current law, the in 
absentia orders may be rescinded if the applicant files a 
motion to reopen and demonstrates that there were exceptional 
circumstances for failure to appear at the removal hearing. 
Section 937 provides that battery or extreme cruelty of the 
alien (or a child or parent of the alien) shall qualify as 
exceptional circumstances justifying failure to appear at a 
removal proceeding.
Section 938. Conforming Relief in Suspension of Deportation Parallel to 
        the Relief Available in VAWA-2000 Cancellation for Bigamy
    Section 938 provides that suspension of deportation for 
battered aliens, as it existed before 1996, shall apply in 
cases of battery perpetrated by a U.S. citizen or permanent 
resident whom the alien intended to marry, but whose marriage 
was not legitimate because of the citizen's or permanent 
resident's bigamy. VAWA 2000 offered protection to intended 
immigrant spouses who unknowingly married bigamists for 
purposes of VAWA self-petitioning and VAWA cancellation of 
removal. This section adds protection under VAWA suspension of 
deportation.
Section 939. Correction of Cross-Reference to Credible Evidence 
        Provisions
    Technical corrections to conform correct cross-reference 
for VAWA credible evidence provisions in the Cuban Adjustment 
Act, NACARA, IIRIRA, and HRIFA.
Section 940. Technical Corrections
    Technical corrections.

                    TITLE X--SAFETY ON TRIBAL LANDS

Section 1001. Purposes
    This section establishes the purpose of this Title to 
reduce domestic violence, dating violence, sexual assault and 
stalking on tribal lands and hold perpetrators accountable.
Section 1002. Consultation
    This section requires the Attorney General to consult with 
Indian tribes regarding ways to improve the grant funds to 
Indian tribes to address violent crimes on reservations.
Section 1003. Analysis and Research on Violence on Tribal Lands
    This section requires the Attorney General to conduct a 
study and establish a task force to address domestic violence, 
dating violence, sexual assault and stalking on Indian 
reservations.
Section 1004. Tracking of Violence on Tribal Lands
    This section allows the tribes and the Attorney General to 
exchange information with regard to incidents of domestic 
violence, dating violence, sexual assault and stalking on 
tribal lands.
Section 1005. Tribal Division of the Office of Violence Against Women
    This section establishes a division within the Violence 
Against Women Office to focus on violence on tribal lands and 
allows consolidation of all the tribal set asides within the 
VAWA reauthorization.
Section 1006. GAO Report
    This section requires GAO to study the status of 
prosecution on tribal lands and make recommendations about ways 
to increase the number of prosecutions.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of Rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

                  TITLE I--JUSTICE SYSTEM IMPROVEMENT

                   Part A--Office of Justice Programs

          * * * * * * *

           duties and functions of assistant attorney general

    Sec. 102. (a) The Assistant Attorney General shall--
            (1) * * *
          * * * * * * *
            (5) coordinate and provide staff support to 
        coordinate the activities of the Office and the Bureau 
        of Justice Assistance, the National Institute of 
        Justice, the Bureau of Justice Statistics, the Office 
        for Victims of Crime, and the Office of Juvenile 
        Justice and Delinquency Prevention; and
            (6) exercise such other powers and functions as may 
        be vested in the Assistant Attorney General pursuant to 
        this title or by delegation of the Attorney General, 
        including placing special conditions on all grants, and 
        determining priority purposes for formula grants.
          * * * * * * *

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--
                    (A) shall use not less than 40 percent of 
                the grant amounts for Seeding activities under 
                subsection (a)(2); and
                    (B) may not use any of the grant amounts 
                for construction, except that the Assistant 
                Attorney General may authorize use of grant 
                amounts for incidental or minor construction, 
                renovation, or remodeling.
            (3) Limitations.--A community may not receive 
        grants under this subsection (or fall within such a 
        community)--
                    (A) for a period of more than 10 fiscal 
                years;
                    (B) for more than 5 separate fiscal years, 
                except that the Assistant Attorney General may, 
                in single increments and only upon a showing of 
                extraordinary circumstances, authorize grants 
                for not more than 3 additional separate fiscal 
                years; or
                    (C) in an aggregate amount of more than 
                $1,000,000, except that the Assistant Attorney 
                General may, upon a showing of extraordinary 
                circumstances, authorize grants for not more 
                than an additional $500,000.
            (4) Distribution.--In making grants under this 
        subsection, the Director shall ensure that--
                    (A) to the extent practicable, the 
                distribution of such grants is geographically 
                equitable and includes both urban and rural 
                areas of varying population and area; and
                    (B) priority is given to communities that 
                clearly and effectively coordinate crime 
                prevention programs with other Federal programs 
                in a manner that addresses the overall needs of 
                such communities.
            (5) Federal share.--(A) Subject to subparagraph 
        (B), the Federal share of a grant under this subsection 
        may not exceed 75 percent of the total costs of the 
        projects described in the application for which the 
        grant was made.
            (B) The requirement of subparagraph (A)--
                    (i) may be satisfied in cash or in kind; 
                and
                    (ii) may be waived by the Assistant 
                Attorney General upon a determination that the 
                financial circumstances affecting the applicant 
                warrant a finding that such a waiver is 
                equitable.
            (6) Supplement, not supplant.--To receive a grant 
        under this subsection, the applicant must provide 
        assurances that the amounts received under the grant 
        shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for programs or 
        services provided in the community.

SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.

    (a) Establishment.--
            (1) In general.--There is established within the 
        Office an Office of Audit, Assessment, and Management, 
        headed by a Director appointed by the Attorney General. 
        In carrying out the functions of the Office, the 
        Director shall be subject to the authority, direction, 
        and control of the Attorney General. Such authority, 
        direction, and control may be delegated only to the 
        Assistant Attorney General, without redelegation.
            (2) Purpose.--The purpose of the Office shall be to 
        carry out and coordinate performance audits of, take 
        actions to ensure compliance with the terms of, and 
        manage information with respect to, grants under 
        programs covered by subsection (b). The Director shall 
        take special conditions of the grant into account and 
        consult with the office that issued those conditions to 
        ensure appropriate compliance.
            (3) Exclusivity.--The Office shall be the exclusive 
        element of the Department of Justice, other than the 
        Inspector General, performing functions and activities 
        for the purpose specified in paragraph (2). There are 
        hereby transferred to the Office all functions and 
        activities, other than functions and activities of the 
        Inspector General, for such purpose performed 
        immediately before the date of the enactment of this 
        Act by any other element of the Department.
    (b) Covered Programs.--The programs referred to in 
subsection (a) are the following:
            (1) The program under part Q of this title.
            (2) Any grant program carried out by the Office of 
        Justice Programs.
            (3) Any other grant program carried out by the 
        Department of Justice that the Attorney General 
        considers appropriate.
    (c) Performance Audits Required.--
            (1) In general.--The Director shall select grants 
        awarded under the programs covered by subsection (b) 
        and carry out performance audits on such grants. In 
        selecting such grants, the Director shall ensure that 
        the aggregate amount awarded under the grants so 
        selected represent not less than 10 percent of the 
        aggregate amount of money awarded under all such grant 
        programs.
            (2) Relationship to nij evaluations.--This 
        subsection does not affect the authority or duty of the 
        Director of the National Institute of Justice to carry 
        out overall evaluations of programs covered by 
        subsection (b), except that such Director shall consult 
        with the Director of the Office in carrying out such 
        evaluations.
            (3) Timing of performance audits.--The performance 
        audit required by paragraph (1) of a grant selected 
        under paragraph (1) shall be carried out--
                    (A) not later than the end of the grant 
                period, if the grant period is not more than 1 
                year; and
                    (B) at the end of each year of the grant 
                period, if the grant period is more than 1 
                year.
    (d) Compliance Actions Required.--The Director shall take 
such actions to ensure compliance with the terms of a grant as 
the Director considers appropriate with respect to each grant 
that the Director determines (in consultation with the head of 
the element of the Department of Justice concerned), through a 
performance audit under subsection (a) or other means, is not 
in compliance with such terms. In the case of a misuse of more 
than 1 percent of the grant amount concerned, the Director 
shall, in addition to any other action to ensure compliance 
that the Director considers appropriate, ensure that the entity 
responsible for such misuse ceases to receive any funds under 
any program covered by subsection (b) until such entity repays 
to the Attorney General an amount equal to the amounts misused. 
The Director may, in unusual circumstances, grant relief from 
this requirement to ensure that an innocent party is not 
punished.
    (e) Grant Management System.--The Director shall establish 
and maintain, in consultation with the chief information 
officer of the Office, a modern, automated system for managing 
all information relating to the grants made under the programs 
covered by subsection (b).
    (f) Availability of Funds.--Not to exceed 5 percent of all 
funding made available for a fiscal year for the programs 
covered by subsection (b) shall be reserved for the activities 
of the Office of Audit, Assessment, and Management as 
authorized by this section.

SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

    (a) Establishment.--
            (1) In general.--There is established within the 
        Office a Community Capacity Development Office, headed 
        by a Director appointed by the Attorney General. In 
        carrying out the functions of the Office, the Director 
        shall be subject to the authority, direction, and 
        control of the Attorney General. Such authority, 
        direction, and control may be delegated only to the 
        Assistant Attorney General, without redelegation.
            (2) Purpose.--The purpose of the Office shall be to 
        provide training to actual and prospective participants 
        under programs covered by section 105(b) to assist such 
        participants in understanding the substantive and 
        procedural requirements for participating in such 
        programs.
            (3) Exclusivity.--The Office shall be the exclusive 
        element of the Department of Justice performing 
        functions and activities for the purpose specified in 
        paragraph (2). There are hereby transferred to the 
        Office all functions and activities for such purpose 
        performed immediately before the date of the enactment 
        of this Act by any other element of the Department. 
        This does not preclude a grant-making office from 
        providing specialized training and technical assistance 
        in its area of expertise.
    (b) Means.--The Director shall, in coordination with the 
heads of the other elements of the Department, carry out the 
purpose of the Office through the following means:
            (1) Promoting coordination of public and private 
        efforts and resources within or available to States, 
        units of local government, and neighborhood and 
        community-based organizations.
            (2) Providing information, training, and technical 
        assistance.
            (3) Providing support for inter- and intra-agency 
        task forces and other agreements and for assessment of 
        the effectiveness of programs, projects, approaches, or 
        practices.
            (4) Providing in the assessment of the 
        effectiveness of neighborhood and community-based law 
        enforcement and crime prevention strategies and 
        techniques, in coordination with the National Institute 
        of Justice.
            (5) Any other similar means.
    (c) Locations.--Training referred to in subsection (a) 
shall be provided on a regional basis to groups of such 
participants. In a case in which remedial training is 
appropriate, as recommended by the Director or the head of any 
element of the Department, such training may be provided on a 
local basis to a single such participant.
    (d) Best Practices.--The Director shall--
            (1) identify grants under which clearly beneficial 
        outcomes were obtained, and the characteristics of 
        those grants that were responsible for obtaining those 
        outcomes; and
            (2) incorporate those characteristics into the 
        training provided under this section.
    (e) Availability of Funds.--Not to exceed 5 percent of all 
funding made available for a fiscal year for the programs 
covered by section 105(b) shall be reserved for the activities 
of the Community Capacity Development Office as authorized by 
this section.

SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

    (a) Establishment.--There is established within the Office 
an Office of Applied Law Enforcement Technology, headed by a 
Director appointed by the Attorney General. The purpose of the 
Office shall be to provide leadership and focus to those grants 
of the Department of Justice that are made for the purpose of 
using or improving law enforcement computer systems.
    (b) Duties.--In carrying out the purpose of the Office, the 
Director shall--
            (1) establish clear minimum standards for computer 
        systems that can be purchased using amounts awarded 
        under such grants; and
            (2) ensure that recipients of such grants use such 
        systems to participate in crime reporting programs 
        administered by the Department.

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.

Part C--Bureau of Justice Statistics

           *       *       *       *       *       *       *


                  establishment, duties, and functions

    Sec. 302. (a) * * *
    (b) The Bureau shall be headed by a Director appointed by 
the President, by and with the advice and consent of the 
Senate. The Director shall have had experience in statistical 
programs. The Director shall have final authority for all 
grants, cooperative agreements, and contracts awarded by the 
Bureau. The Director shall be responsible for the integrity of 
data and statistics and shall protect against improper or 
illegal use or disclosure. The Director shall report to the 
Attorney General through the Assistant Attorney General. The 
Director shall not engage in any other employment than that of 
serving as Director; nor shall the Director hold any office in, 
or act in any capacity for, any organization, agency, or 
institution with which the Bureau makes any contract or other 
arrangement under this Act.
    (c) The Bureau is authorized to--
            (1) * * *

           *       *       *       *       *       *       *

            [(19) provide for research and improvements in the 
        accuracy, completeness, and inclusiveness of criminal 
        history record information, information systems, arrest 
        warrant, and stolen vehicle record information and 
        information systems and support research concerning the 
        accuracy, completeness, and inclusiveness of other 
        criminal justice record information;]
            (19) provide for improvements in the accuracy, 
        quality, timeliness, immediate accessibility, and 
        integration of State criminal history and related 
        records, support the development and enhancement of 
        national systems of criminal history and related 
        records including the National Criminal History 
        Background Check System, the National Incident-Based 
        Reporting System, and the records of the National Crime 
        Information Center, facilitate State participation in 
        national records and information systems, and support 
        statistical research for critical analysis of the 
        improvement and utilization of criminal history 
        records;

           *       *       *       *       *       *       *

    (d) To insure that all justice statistical collection, 
analysis, and dissemination is carried out in a coordinated 
manner, the Director is authorized to--
            (1) * * *

           *       *       *       *       *       *       *

            (4) seek the cooperation of the judicial branch of 
        the Federal Government in gathering data from criminal 
        justice records; [and]
            (5) encourage replication, coordination and sharing 
        among justice agencies regarding information systems, 
        information policy, and data[.]; and
            (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.

           *       *       *       *       *       *       *


                              USE OF DATA

    Sec. 304. Data collected by the Bureau shall be used only 
for statistical or research purposes, and shall be gathered in 
a manner that precludes their use for law enforcement or any 
purpose relating to a [particular individual] private person or 
public agency other than statistical or research purposes.

           *       *       *       *       *       *       *


          Part E--Bureau of Justice Assistance Grant Programs

                           [NAME OF PROGRAMS

    [Sec. 500. The grant programs established under this part 
shall be known as the ``Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs''.

     [Subpart 1--Drug Control and System Improvement Grant Program

 [DESCRIPTION OF THE DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM

    [Sec. 501. (a) It is the purpose of this subpart to assist 
States and units of local government in carrying out specific 
programs which offer a high probability of improving the 
functioning of the criminal justice system, with special 
emphasis on a nationwide and multilevel drug control strategy 
by developing programs and projects to assist 
multijurisdictional and multi-State organizations in the drug 
control problem and to support national drug control 
priorities.
    [(b) The Director of the Bureau of Justice Assistance 
(hereafter in this part referred to as the ``Director'') is 
authorized to make grants to States, for the use by States and 
units of local government in the States, for the purpose of 
enforcing State and local laws that establish offenses similar 
to offenses established in the Controlled Substances Act (21 
U.S.C. 801 et seq.) and to improve the functioning of the 
criminal justice system with emphasis on violent crime and 
serious offenders. Such grants shall provide additional 
personnel, equipment, training, technical assistance, and 
information systems for the more widespread apprehension, 
prosecution, adjudication, and detention and rehabilitation of 
persons who violate these laws, and to assist the victims of 
such crimes (other than compensation), including--
            [(1) demand reduction education programs in which 
        law enforcement officers participate;
            [(2) multijurisdictional task force programs that 
        integrate Federal, State, and local drug law 
        enforcement agencies and prosecutors for the purpose of 
        enhancing interagency coordination, intelligence, and 
        facilitating multijurisdictional investigations;
            [(3) programs designed to target the domestic 
        sources of controlled and illegal substances, such as 
        precursor chemicals, diverted pharmaceuticals, 
        clandestine laboratories, and cannabis cultivations and 
        to remove any hazardous substance or pollutant or 
        contaminant associated with the illegal manufacture of 
        amphetamine or methamphetamine;
            [(4) providing community and neighborhood programs 
        that assist citizens in preventing and controlling 
        crime, including special programs that address the 
        problems of crimes committed against the elderly and 
        special programs for rural jurisdictions;
            [(5) disrupting illicit commerce in stolen goods 
        and property;
            [(6) improving the investigation and prosecution of 
        white-collar crime, organized crime, public corruption 
        crimes, and fraud against the government with priority 
        attention to cases involving drug-related official 
        corruption;
            [(7)(A) improving the operational effectiveness of 
        law enforcement through the use of crime analysis 
        techniques, street sales enforcement, schoolyard 
        violator programs, gang-related and low-income housing 
        drug control programs;
            [(B) developing and implementing antiterrorism 
        plans for deep draft ports, international airports, and 
        other important facilities;
            [(8) career criminal prosecution programs including 
        the development of proposed model drug control 
        legislation;
            [(9) financial investigative programs that target 
        the identification of money laundering operations and 
        assets obtained through illegal drug trafficking, 
        including the development of proposed model 
        legislation, financial investigative training, and 
        financial information sharing systems;
            [(10) improving the operational effectiveness of 
        the court process, by expanding prosecutorial, defender 
        and judicial resources, and implementing court delay 
        reduction programs;
            [(11) programs designed to provide additional 
        public correctional resources and improve the 
        corrections system, including treatment in prisons and 
        jails, intensive supervision programs, and long-range 
        corrections and sentencing strategies;
            [(12) providing prison industry projects designed 
        to place inmates in a realistic working and training 
        environment which will enable them to acquire 
        marketable skills and to make financial payments for 
        restitution to their victims, for support of their own 
        families, and for support of themselves in the 
        institution;
            [(13) providing programs which identify and meet 
        the treatment needs of adult and juvenile drug-
        dependent and alcohol-dependent offenders;
            [(14) developing and implementing programs which 
        provide assistance to jurors and witnesses, and 
        assistance (other than compensation) to victims of 
        crimes;
            [(15)(A) developing programs to improve drug 
        control technology, such as pretrial drug testing 
        programs, programs which provide for the 
        identification, assessment, referral to treatment, case 
        management and monitoring of drug dependent offenders, 
        enhancement of State and local forensic laboratories, 
        and
            [(B) criminal and justice information systems to 
        assist law enforcement, prosecution, courts, and 
        corrections organization (including automated 
        fingerprint identification systems);
            [(16) innovative programs that demonstrate new and 
        different approaches to enforcement, prosecution, and 
        adjudication of drug offenses and other serious crimes;
            [(17) addressing the problems of drug trafficking 
        and the illegal manufacture of controlled substances in 
        public housing.
            [(18) improving the criminal and juvenile justice 
        system's response to domestic and family violence, 
        including spouse abuse, child abuse, and abuse of the 
        elderly;
            [(19) drug control evaluation programs which the 
        State and local units of government may utilize to 
        evaluate programs and projects directed at State drug 
        control activities;
            [(20) providing alternatives to prevent detention, 
        jail, and prison for persons who pose no danger to the 
        community;
            [(21) programs of which the primary goal is to 
        strengthen urban enforcement and prosecution efforts 
        targeted at street drug sales;
            [(22) programs for the prosecution of driving while 
        intoxicated charges and the enforcement of other laws 
        relating to alcohol use and the operation of motor 
        vehicles;
            [(23) programs that address the need for effective 
        bindover systems for the prosecution of violent 16- and 
        17-year-old juveniles in courts with jurisdiction over 
        adults for the crimes of--
                    [(A) murder in the first degree;
                    [(B) murder in the second degree;
                    [(C) attempted murder;
                    [(D) armed robbery when armed with a 
                firearm;
                    [(E) aggravated battery or assault when 
                armed with a firearm;
                    [(F) criminal sexual penetration when armed 
                with a firearm; and
                    [(G) drive-by shootings as described in 
                section 36 of title 18, United States Code;
            [(24) law enforcement and prevention programs 
        relating to gangs, or to youth who are involved or at 
        risk of involvement in gangs;
            [(25) developing or improving in a forensic 
        laboratory a capability to analyze deoxyribonucleic 
        acid (hereinafter in this title referred to as ``DNA'') 
        for identification purposes;
            [(26) to develop and implement antiterrorism 
        training programs and to procure equipment for use by 
        local law enforcement authorities;
            [(27) enforcing child abuse and neglect laws, 
        including laws protecting against child sexual abuse, 
        and promoting programs designed to prevent child abuse 
        and neglect; and
            [(28) establishing or supporting cooperative 
        programs between law enforcement and media 
        organizations, to collect, record, retain, and 
        disseminate information useful in the identification 
        and apprehension of suspected criminal offenders.
    [(27) improving the quality, timeliness, and credibility of 
forensic science services for criminal justice purposes.
    [(c) Each program funded under this section shall contain 
an evaluation component, developed pursuant to guidelines 
established by the National Institute of Justice, in 
consultation with the Bureau of Justice Assistance. The 
Director of the Bureau of Justice Assistance may waive this 
requirement when in the opinion of the Director--
            [(1) the program is not of sufficient size to 
        justify a full evaluation report; or
            [(2) the program is designed primarily to provide 
        material resources and supplies, such as laboratory 
        equipment, that would not justify a full evaluation 
        report.

                              [ELIGIBILITY

    [Sec. 502. The Bureau is authorized to make financial 
assistance under this subpart available to a State to enable it 
to carry out all or a substantial part of a program or project 
submitted and approved in accordance with the provisions of 
this subpart.

                          [STATE APPLICATIONS

    [Sec. 503. (a) To request a grant under this subpart, the 
chief executive officer of a State shall submit an application 
within 60 days after the Bureau has promulgated regulations 
under this section, and for each subsequent year, within 60 
days after the date that appropriations for this part are 
enacted, in such form as the Director may require. Such 
application shall include the following:
            [(1) A statewide strategy for drug and violent 
        crime control programs which improve the functioning of 
        the criminal justice system, with an emphasis on drug 
        trafficking, violent crime, and serious offenders. The 
        strategy shall be prepared after consultation with 
        State and local officials with emphasis on those whose 
        duty it is to enforce drug and criminal laws and direct 
        the administration of justice and shall contain--
                    [(A) a definition and analysis of the drug 
                and violent crime problem in the State, and an 
                analysis of the problems in each of the 
                counties and municipalities with major drug and 
                violent crime problems;
                    [(B) an assessment of the criminal justice 
                resources being devoted to crime and drug 
                control programs at the time of the 
                application;
                    [(C) coordination requirements;
                    [(D) resource needs;
                    [(E) the establishment of statewide 
                priorities for crime and drug control 
                activities and programs;
                    [(F) an analysis of the relationship of the 
                proposed State efforts to the national drug 
                control strategy; and
                    [(G) a plan for coordinating the programs 
                to be funded under this part with other 
                federally funded programs, including State and 
                local drug abuse education, treatment, and 
                prevention programs.
            [(2) A certification that Federal funds made 
        available under the formula grant of 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.
            [(3) A certification that funds required to pay the 
        non-Federal portion of the cost of each program and 
        project for which such grant is made shall be in 
        addition to funds that would otherwise be made 
        available for law enforcement by the recipients of 
        grant funds.
            [(4) An assurance that the State application 
        described in this section, and any amendment to such 
        application, has been submitted for review to the State 
        legislature or its designated body (for purposes of 
        this section, such application or amendment shall be 
        deemed to be reviewed if the State legislature or such 
        body does not review such application or amendment 
        within the 30-day period beginning on the date such 
        application or amendment is so submitted).
            [(5) An assurance that the State application and 
        any amendment thereto was made public before submission 
        to the Bureau and, to the extent provided under State 
        law or established procedure, an opportunity to comment 
        thereon was provided to citizens and to neighborhood 
        and community groups.
            [(6) An assurance that following the first fiscal 
        year covered by an application and for each fiscal year 
        thereafter, a performance evaluation and assessment 
        report concerning the activities carried out pursuant 
        to this section will be submitted to the Bureau.
            [(7) A provision for fund accounting, auditing, 
        monitoring, and such evaluation procedures as may be 
        necessary to keep such records that the Bureau shall 
        prescribe to assure fiscal control, proper management, 
        and efficient disbursement of funds reviewed under this 
        section.
            [(8) An assurance that the applicant shall maintain 
        such data and information and submit such reports in 
        such form, at such times, and containing such data and 
        information as the Bureau may reasonably require to 
        administer other provisions of this subpart.
            [(9) A certification that its programs meet all the 
        requirements of this section, that all the information 
        contained in the application is correct, that there has 
        been appropriate coordination with affected agencies, 
        and that the applicant will comply with all provisions 
        of this subpart and all other applicable Federal laws. 
        Such certification shall be made in a form acceptable 
        to the Bureau and shall be executed by the chief 
        executive or such other officer of the applicant 
        qualified under regulations promulgated by the Office.
            [(10) A certification that the State is undertaking 
        initiatives to reduce, through the enactment of 
        innovative penalties or increasing law enforcement 
        efforts, the demand for controlled substances by 
        holding accountable those who unlawfully possess or use 
        such substances.
            [(11) An assurance that the State has established a 
        plan under which the State will provide without fee to 
        the Immigration and Naturalization Service, within 30 
        days of the date of their conviction, the certified 
        records of conviction of aliens who have been convicted 
        of violating the criminal laws of the State.
            [(12) If any part of funds received from a grant 
        made under this part is to be used to develop or 
        improve a DNA analysis capability in a forensic 
        laboratory, a certification that--
                    [(A) DNA analyses performed at such 
                laboratory will satisfy or exceed then current 
                standards for a quality assurance program for 
                DNA analysis, issued by the Director of the 
                Federal Bureau of Investigation under section 
                210303 of the DNA Identification Act of 1994;
                    [(B) DNA samples obtained by, and DNA 
                analyses performed at, such laboratory will be 
                accessible only--
                            [(i) to criminal justice agencies 
                        for law enforcement identification 
                        purposes;
                            [(ii) in judicial proceedings, if 
                        otherwise admissible pursuant to 
                        applicable statutes or rules;
                            [(iii) for criminal defense 
                        purposes, to a defendant, who shall 
                        have access to samples and analyses 
                        performed in connection with the case 
                        in which such defendant is charged; or
                            [(iv) if personally identifiable 
                        information is removed, for a 
                        population statistics database, for 
                        identification research and protocol 
                        development purposes, or for quality 
                        control purposes; and
                    [(C) such laboratory, and each analyst 
                performing DNA analyses at such laboratory, 
                will undergo semiannual external proficiency 
                testing by a DNA proficiency testing program 
                meeting the standards issued under section 
                210303 of the DNA Identification Act of 1994.
    [(13) If any part of the amount received from a grant under 
this part is to be used to improve the quality, timeliness, and 
credibility of forensic science services for criminal justice 
purposes, a certification that, as of the date of enactment of 
this paragraph, the State, or unit of local government within 
the State, has an established--
            [(A) forensic science laboratory or forensic 
        science laboratory system, that--
                    [(i) employs 1 or more full-time 
                scientists--
                            [(I) whose principal duties are the 
                        examination of physical evidence for 
                        law enforcement agencies in criminal 
                        matters; and
                            [(II) who provide testimony with 
                        respect to such physical evidence to 
                        the criminal justice system;
                    [(ii) employs generally accepted practices 
                and procedures, as established by appropriate 
                accrediting organizations; and
                    [(iii) is accredited by the Laboratory 
                Accreditation Board of the American Society of 
                Crime Laboratory Directors, the National 
                Association of Medical Examiners, or any other 
                nonprofit, professional organization that may 
                be recognized within the forensic science 
                community as competent to award such 
                accreditation, or will use a portion of the 
                grant amount to prepare and apply for such 
                accreditation by not later than 2 years after 
                the date on which a grant is initially awarded 
                under this paragraph; or
            [(B) medical examiner's office (as defined by the 
        National Association of Medical Examiners) that--
                    [(i) employs generally accepted practices 
                and procedures, as established by appropriate 
                accrediting organizations; and
                    [(ii) is accredited by the Laboratory 
                Accreditation Board of the American Society of 
                Crime Laboratory Directors or the National 
                Association of Medical Examiners, or will use a 
                portion of the grant amount to prepare and 
                apply for such accreditation by not later than 
                2 years after the date on which a grant is 
                initially awarded under this paragraph.
    [(b) Within 30 days after the date of enactment of this 
part, the Director shall promulgate regulations to implement 
this section (including the information that must be included 
and the requirements that the States must meet) in submitting 
the applications required under this section.

                           [GRANT LIMITATIONS

    [Sec. 504. (a) A grant made under this subpart may not--
            [(1) for fiscal year 1991 appropriations be 
        expended for more than 75 per centum; and
            [(2) for any subsequent fiscal year appropriations 
        be expended for more than 75 per centum;
of the cost of the identified uses for which such grant is 
received to carry out any purpose specified in section 501(b), 
except that in the case of funds distributed to an Indian tribe 
which performs law enforcement functions (as determined by the 
Secretary of the Interior) for any such program or project, the 
amount of such grant shall be equal to 100 percent of such 
cost. The non-Federal portion of the expenditures for such uses 
shall be paid in cash.
    [(b) Not more than 10 percent of a grant made to an 
eligible State under section 506 may be used for costs incurred 
to administer such grant.
    [(c) States and units of local government or combinations 
thereof are authorized to use a grant made under section 506 
for the expenses associated with participation in the State and 
Local Task Force Program established by the Drug Enforcement 
Administration.
    [(d) States and local units of government are authorized to 
use a grant made under section 506 for the expenses associated 
with conducting the evaluations required under section 501(c) 
of this part.
    [(e) The non-Federal portion of the cost of such program or 
project shall be in cash. State and local units of government 
may use cash received under the equitable sharing program to 
cover the non-Federal portion of the costs of programs funded 
under section 506.
    [(f) Except for grants awarded to State and local 
governments for the purpose of participating in 
multijurisdictional drug task forces victims assistance 
programs, or multijurisdictional gang task forces, no funds may 
be awarded under this subpart to a grant recipient for a 
program or project for which funds have been awarded under this 
title for 4 years (in the aggregate), including any period 
occurring before the effective date of this subsection.

                     [REVIEW OF STATE APPLICATIONS

    [Sec. 505. (a) The Bureau shall provide financial 
assistance to each State applicant under this subpart to carry 
out the programs or projects submitted by such applicant upon 
determining that--
            [(1) the application or amendment thereto is 
        consistent with the requirements of this subpart; and
            [(2) before the approval of the application and any 
        amendment thereto the Bureau has made an affirmative 
        finding in writing that the program or project has been 
        reviewed in accordance with this subpart.
    [(b) Each application or amendment made and submitted for 
approval to the Bureau pursuant to section 503 shall be deemed 
approved, in whole or in part, by the Bureau not later than 45 
days after first received unless the Bureau informs the 
applicant of specific reasons for disapproval.
    [(c) Grant funds awarded under this subpart shall not be 
used for land acquisition or construction projects, other than 
penal and correctional institutions.
    [(d) The Bureau shall not finally disapprove any 
application, or any amendment thereto, submitted to the 
Director under this section without first affording the 
applicant reasonable notice and opportunity for 
reconsideration.

       [ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS

    [Sec. 506. (a) Subject to subsection (f), of the total 
amount appropriated for this part in any fiscal year, the 
amount remaining after setting aside the amount to be reserved 
to carry out section 511 of this title shall be set aside for 
section 502 and allocated to States as follows:
            [(1) 0.4 percent shall be allocated to each of the 
        States; and
            [(2) of the total funds remaining after the 
        allocation under paragraph (1), there shall be 
        allocated to each State an amount which bears the same 
        ratio to the amount of remaining funds described in 
        this paragraph as the population of such State bears to 
        the population of all the States.
    [(b)(1) Each State which receives funds under subsection 
(a) of this section in a fiscal year shall distribute among 
units of local government, or combinations of units of local 
government, in such State for the purposes specified in section 
501(b) that portion of such funds which bears the same ratio to 
the aggregate amount of such funds as the amount of funds 
expended by all units of local government for criminal justice 
in the preceding fiscal year bears to the aggregate amount of 
funds expended by the State and all units of local government 
in such State for criminal justice in such preceding fiscal 
year.
    [(2) In distributing funds received under this part among 
urban, rural, and suburban units of local government and 
combinations thereof, the State shall give priority to those 
jurisdictions with the greatest need.
    [(3) Any funds not distributed to units of local government 
under paragraph (2) shall be available for expenditure by the 
State involved.
    [(4) For purposes of determining the distribution of funds 
under paragraphs (1) and (2), the most accurate and complete 
data available for the fiscal year involved shall be used. If 
data for such fiscal year are not available, then the most 
accurate and complete data available for the most recent fiscal 
year preceding such fiscal year shall be used.
    [(c) No funds allocated to a State under subsection (a) or 
received by a State for distribution under subsection (b) may 
be distributed by the Director or by the State involved for any 
program other than a program contained in an approved 
application.
    [(d) If the Director determines, on the basis of 
information available during any fiscal year, that a portion of 
the funds allocated to a State for that fiscal year will not be 
required or that a State will be unable to qualify or receive 
funds under section 502, or that a State chooses not to 
participate in the program established under such section, then 
such portion shall be awarded by the Director to urban, rural, 
and suburban units of local government or combinations thereof 
within such State giving priority to those jurisdictions with 
greatest need.
    [(e) Any funds allocated under subsection (a) or (f) that 
are not distributed under this section shall be available for 
obligation under subpart 2.
    [(f)(1) For any fiscal year beginning more than 2 years 
after the effective date of this subsection--
            [(A) 90 percent of the funds allocated under 
        subsection (a) without regard to this subsection to a 
        State described in paragraph (2) shall be distributed 
        by the Director to such State; and
            [(B) 10 percent of such funds shall be allocated 
        equally among States that are not affected by the 
        operation of subparagraph (A).
    [(2) Paragraph (1)(A) refers to a State that does not have 
in effect, and does not enforce, in such fiscal year, a law 
that requires the State at the request of the victim of a 
sexual act--
            [(A) to administer, to the defendant convicted 
        under State law of such sexual act, a test to detect in 
        such defendant the presence of the etiologic agent for 
        acquired immune deficiency syndrome;
            [(B) to disclose the results of such test to such 
        defendant and to the victim of such sexual act; and
            [(C) to provide to the victim of such sexual act 
        counseling regarding HIV disease, HIV testing, in 
        accordance with applicable law, and referral for 
        appropriate health care and support services.
    [(3) For purposes of this subsection--
            [(A) the term ``convicted'' includes adjudicated 
        under juvenile proceedings; and
            [(B) the term ``sexual act'' has the meaning given 
        such term in subparagraph (A) or (B) of section 2245(1) 
        of title 18, United States Code.

                             [STATE OFFICE

    [Sec. 507. (a) The chief executive of each participating 
State shall designate a State office for purposes of--
            [(1) preparing an application to obtain funds under 
        section 503;
            [(2) administering funds received under such 
        section from the Director, including receipt, review, 
        processing, monitoring, progress and financial report 
        review, technical assistance, grant adjustments, 
        accounting, auditing and fund disbursements; and
            [(3) coordinating the distribution of funds 
        provided under this part with State agencies receiving 
        Federal funds for drug abuse education, prevention, 
        treatment, and research activities and programs.
    [(b) An office or agency performing other functions within 
the executive branch of a State may be designated to carry out 
the functions specified in subsection (a).

              [DISTRIBUTION OF GRANTS TO LOCAL GOVERNMENT

    [Sec. 508. (a) Each application made by a local unit of 
government, or a combination of units of local government, to a 
State for funds under this subchapter shall be deemed approved, 
in whole or in part, by the State not later than 45 days after 
first received unless the State informs the applicant in 
writing of specific reasons for disapproval. The State shall 
not finally disapprove any application submitted to the State 
without first affording the applicant reasonable notice and 
opportunity for reconsideration.
    [(b) Each State which receives funds under section 506 in a 
fiscal year shall make such funds available to local units of 
government, or combinations thereof, whose application has been 
submitted to, approved and awarded by the State, within 45 days 
after the Bureau has approved the State application and has 
made funds available to such State. The Director shall have the 
authority to waive the 45-day requirement in this section upon 
a finding that the State cannot satisfy that requirement 
consistent with State statutes.

                [IMPROVEMENT OF CRIMINAL JUSTICE RECORDS

    [Sec. 509. (a) Subject to subsection (d), each State which 
receives funds under section 506 in a fiscal year shall 
allocate not less than 5 percent of such funds to the 
improvement of criminal justice records.
    [(b) The improvement referred to in subsection (a) shall 
include--
            [(1) the completion of criminal histories to 
        include the final dispositions of all arrests for 
        felony offenses;
            [(2) the full automation of all criminal justice 
        histories and fingerprint records;
            [(3) the frequency and quality of criminal history 
        reports to the Federal Bureau of Investigation; and
            [(4) the improvement of State record systems and 
        the sharing with the Attorney General of all of the 
        records described in paragraphs (1), (2), and (3) of 
        this subsection and the records required by the 
        Attorney General under section 103 of the Brady Handgun 
        Violence Prevention Act, for the purpose of 
        implementing that Act.
            [(4) the improvement of State record systems and 
        the sharing of all of the records described in 
        paragraphs (1), (2), and (3) and the child abuse crime 
        records required under the National Child Protection 
        Act of 1993 with the Attorney General for the purpose 
        of implementing the National Child Protection Act of 
        1993.
    [(c) The Director, in consultation with the Director of the 
Bureau of Justice Statistics, shall establish guidelines for 
the fulfillment of the requirements specified in subsections 
(a) and (b) of this section.
    [(d) In accordance with such guidelines as the Director 
shall issue and on the request of a State, the Director may--
            [(1) waive compliance with subsection (a) by such 
        State; or
            [(2) authorize such State to reduce the minimum 
        amount such State is required to allocate under 
        subsection (a);
if the Director, in the discretion of the Director, finds that 
the quality of the State's criminal justice records does not 
warrant expending the amount allocated under subsection (a).

                    [Subpart 2--Discretionary Grants

           [CHAPTER A--GRANTS TO PUBLIC AND PRIVATE ENTITIES

                               [purposes
    [Sec. 510. (a) The purpose of this chapter is to provide 
additional Federal financial assistance to public or private 
agencies and private nonprofit organizations for purposes of--
            [(1) undertaking educational and training programs 
        for--
                    [(A) criminal justice personnel; and
                    [(B) the general public, with respect to 
                the lawful and safe ownership, storage, 
                carriage, or use of firearms, including the 
                provision of secure gun storage or safety 
                devices;
            [(2) providing technical assistance to States and 
        local units of government;
            [(3) undertaking projects which are national or 
        multijurisdictional in scope and which address the 
        purposes specified in section 501(b); and
            [(4) providing financial assistance to public 
        agencies and private nonprofit organizations for 
        demonstration programs which, in view of previous 
        research or experience, are likely to be a success in 
        more than one jurisdiction.
    [(b) In carrying out this chapter, the Director is 
authorized to make grants to, or enter into contracts with non-
Federal public or private agencies, institutions, or 
organizations or individuals to carry out any purpose specified 
in section 501(b) and is authorized to make grants to, or enter 
into contracts with, those persons and entities to carry out 
the purposes specified in subsection (a)(1)(B) in accordance 
with subsection (c). The Director shall have final authority 
over all funds awarded under this chapter.
    [(c)(1) In accordance with this subsection, the Director 
may make a grant to, or enter into a contract with, any person 
or entity referred to in subsection (b) to provide for a 
firearm safety program that, in a manner consistent with 
subsection (a)(1)(B), provides for general public training and 
dissemination of information concerning firearm safety, secure 
gun storage, and the lawful ownership, carriage, or use of 
firearms, including the provision of secure gun storage or 
safety devices.
    [(2) Funds made available under a grant under paragraph (1) 
may not be used (either directly or by supplanting non-Federal 
funds) for advocating or promoting gun control, including 
making communications that are intended to directly or 
indirectly affect the passage of Federal, State, or local 
legislation intended to restrict or control the purchase or use 
of firearms.
    [(3) Except as provided in paragraph (4), each firearm 
safety program that receives funding under this subsection 
shall provide for evaluations that shall be developed pursuant 
to guidelines that the Director of the National Institute of 
Justice of the Department of Justice, in consultation with the 
Director of the Bureau of Justice Assistance and recognized 
private entities that have expertise in firearms safety, 
education and training, shall establish.
    [(4) With respect to a firearm safety program that receives 
funding under this section, the Director may waive the 
evaluation requirement described in paragraph (3) if the 
Director determines that the program--
            [(A) is not of a sufficient size to justify an 
        evaluation; or
            [(B) is designed primarily to provide material 
        resources and supplies, and that activity would not 
        justify an evaluation.
    [(d) No grants or contracts under subsection (b) may be 
made, entered into, or used, directly or indirectly, to provide 
any security enhancements or any equipment to any non-
governmental entity that is not engaged in law enforcement or 
law enforcement support, criminal or juvenile justice, or 
delinquency prevention.
                    [allocation of funds for grants
    [Sec. 511. Of the total amount appropriated for this part 
(other than chapter B of this subpart) in any fiscal year, 20 
percent or $50,000,000, whichever is less, shall be reserved 
and set aside for this section in a special discretionary fund 
for use by the Director in carrying out the purposes specified 
in section 501(b). Grants under this section may be made for 
amounts up to 100 percent of the costs of the programs or 
projects contained in the approved application.
            [limitation on use of discretionary grant funds
    [Sec. 512. Grant funds awarded under section 511 shall not 
be used for land acquisition or construction projects.]

   Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program

SEC. 500. NAME OF PROGRAM.

    (a) In General.--The grant program established under this 
subpart shall be known as the ``Edward Byrne Memorial Justice 
Assistance Grant Program''.
    (b) References to Former Programs.--Any reference in a law, 
regulation, document, paper, or other record of the United 
States to the Edward Byrne Memorial State and Local Law 
Enforcement Assistance Programs, or to the Local Government Law 
Enforcement Block Grants program, shall be deemed to be a 
reference to the grant program referred to in subsection (a).

SEC. 501. DESCRIPTION.

    (a) Grants Authorized.--
            (1) In general.--From amounts made available to 
        carry out this subpart, the Attorney General may, in 
        accordance with the formula established under section 
        505, make grants to States and units of local 
        government, for use by the State or unit of local 
        government to provide additional personnel, equipment, 
        supplies, contractual support, training, technical 
        assistance, and information systems for criminal 
        justice, including for any one or more of the following 
        programs:
                    (A) Law enforcement programs.
                    (B) Prosecution and court programs.
                    (C) Prevention and education programs.
                    (D) Corrections and community corrections 
                programs.
                    (E) Drug treatment and enforcement 
                programs.
                    (F) Planning, evaluation, and technology 
                improvement programs.
                    (G) Crime victim and witness programs 
                (other than compensation).
            (2) Rule of construction.--Paragraph (1) shall be 
        construed to ensure that a grant under that paragraph 
        may be used for any purpose for which a grant was 
        authorized to be used under either or both of the 
        programs specified in section 500(b), as those programs 
        were in effect immediately before the enactment of this 
        paragraph.
    (b) Contracts and Subawards.--A State or unit of local 
government may, in using a grant under this subpart for 
purposes authorized by subsection (a), use all or a portion of 
that grant to contract with or make one or more subawards to 
one or more--
            (1) neighborhood or community-based organizations 
        that are private and nonprofit;
            (2) units of local government; or
            (3) tribal governments.
    (c) Program Assessment Component; Waiver.--
            (1) Each program funded under this subpart shall 
        contain a program assessment component, developed 
        pursuant to guidelines established by the Attorney 
        General, in coordination with the National Institute of 
        Justice.
            (2) The Attorney General may waive the requirement 
        of paragraph (1) with respect to a program if, in the 
        opinion of the Attorney General, the program is not of 
        sufficient size to justify a full program assessment.
    (d) Prohibited Uses.--Notwithstanding any other provision 
of this Act, no funds provided under this subpart may be used, 
directly or indirectly, to provide any of the following 
matters:
            (1) Any security enhancements or any equipment to 
        any nongovernmental entity that is not engaged in 
        criminal justice or public safety.
            (2) Unless the Attorney General certifies that 
        extraordinary and exigent circumstances exist that make 
        the use of such funds to provide such matters essential 
        to the maintenance of public safety and good order--
                    (A) vehicles, vessels, or aircraft;
                    (B) luxury items;
                    (C) real estate;
                    (D) construction projects (other than penal 
                or correctional institutions); or
                    (E) any similar matters.
    (e) Administrative Costs.--Not more than 10 percent of a 
grant made under this subpart may be used for costs incurred to 
administer such grant.
    (f) Period.--The period of a grant made under this subpart 
shall be four years, except that renewals and extensions beyond 
that period may be granted at the discretion of the Attorney 
General.
    (g) Rule of Construction.--Subparagraph (d)(1) shall not be 
construed to prohibit the use, directly or indirectly, of funds 
provided under this subpart to provide security at a public 
event, such as a political convention or major sports event, so 
long as such security is provided under applicable laws and 
procedures.

SEC. 502. APPLICATIONS.

    To request a grant under this subpart, the chief executive 
officer of a State or unit of local government shall submit an 
application to the Attorney General within 90 days after the 
date on which funds to carry out this subpart are appropriated 
for a fiscal year, in such form as the Attorney General may 
require. Such application shall include the following:
            (1) A certification that Federal funds made 
        available under this subpart will not be used to 
        supplant State or local funds, but will be used to 
        increase the amounts of such funds that would, in the 
        absence of Federal funds, be made available for law 
        enforcement activities.
            (2) An assurance that, not fewer than 30 days 
        before the application (or any amendment to the 
        application) was submitted to the Attorney General, the 
        application (or amendment) was submitted for review to 
        the governing body of the State or unit of local 
        government (or to an organization designated by that 
        governing body).
            (3) An assurance that, before the application (or 
        any amendment to the application) was submitted to the 
        Attorney General--
                    (A) the application (or amendment) was made 
                public; and
                    (B) an opportunity to comment on the 
                application (or amendment) was provided to 
                citizens and to neighborhood or community-based 
                organizations, to the extent applicable law or 
                established procedure makes such an opportunity 
                available.
            (4) An assurance that, for each fiscal year covered 
        by an application, the applicant shall maintain and 
        report such data, records, and information 
        (programmatic and financial) as the Attorney General 
        may reasonably require.
            (5) A certification, made in a form acceptable to 
        the Attorney General and executed by the chief 
        executive officer of the applicant (or by another 
        officer of the applicant, if qualified under 
        regulations promulgated by the Attorney General), 
        that--
                    (A) the programs to be funded by the grant 
                meet all the requirements of this subpart;
                    (B) all the information contained in the 
                application is correct;
                    (C) there has been appropriate coordination 
                with affected agencies; and
                    (D) the applicant will comply with all 
                provisions of this subpart and all other 
                applicable Federal laws.

SEC. 503. REVIEW OF APPLICATIONS.

    The Attorney General shall not finally disapprove any 
application (or any amendment to that application) submitted 
under this subpart without first affording the applicant 
reasonable notice of any deficiencies in the application and 
opportunity for correction and reconsideration.

SEC. 504. RULES.

    The Attorney General shall issue rules to carry out this 
subpart. The first such rules shall be issued not later than 
one year after the date on which amounts are first made 
available to carry out this subpart.

SEC. 505. FORMULA.

    (a) Allocation Among States.--
            (1) In general.--Of the total amount appropriated 
        for this subpart, the Attorney General shall, except as 
        provided in paragraph (2), allocate--
                    (A) 50 percent of such remaining amount to 
                each State in amounts that bear the same ratio 
                of--
                            (i) the total population of a State 
                        to--
                            (ii) the total population of the 
                        United States; and
                    (B) 50 percent of such remaining amount to 
                each State in amounts that bear the same ratio 
                of--
                            (i) the average annual number of 
                        part 1 violent crimes of the Uniform 
                        Crime Reports of the Federal Bureau of 
                        Investigation reported by such State 
                        for the three most recent years 
                        reported by such State to--
                            (ii) the average annual number of 
                        such crimes reported by all States for 
                        such years.
            (2) Minimum allocation.--If carrying out paragraph 
        (1) would result in any State receiving an allocation 
        less than 0.25 percent of the total amount (in this 
        paragraph referred to as a ``minimum allocation 
        State''), then paragraph (1), as so carried out, shall 
        not apply, and the Attorney General shall instead--
                    (A) allocate 0.25 percent of the total 
                amount to each State; and
                    (B) using the amount remaining after 
                carrying out subparagraph (A), carry out 
                paragraph (1) in a manner that excludes each 
                minimum allocation State, including the 
                population of and the crimes reported by such 
                State.
    (b) Allocation Between States and Units of Local 
Government.--Of the amounts allocated under subsection (a)--
            (1) 60 percent shall be for direct grants to 
        States, to be allocated under subsection (c); and
            (2) 40 percent shall be for grants to be allocated 
        under subsection (d).
    (c) Allocation for State Governments.--
            (1) In general.--Of the amounts allocated under 
        subsection (b)(1), each State may retain for the 
        purposes described in section 501 an amount that bears 
        the same ratio of--
                    (A) total expenditures on criminal justice 
                by the State government in the most recently 
                completed fiscal year to--
                    (B) the total expenditure on criminal 
                justice by the State government and units of 
                local government within the State in such year.
            (2) Remaining amounts.--Except as provided in 
        subsection (e)(1), any amounts remaining after the 
        allocation required by paragraph (1) shall be made 
        available to units of local government by the State for 
        the purposes described in section 501.
    (d) Allocations to Local Governments.--
            (1) In general.--Of the amounts allocated under 
        subsection (b)(2), grants for the purposes described in 
        section 501 shall be made directly to units of local 
        government within each State in accordance with this 
        subsection, subject to subsection (e).
            (2) Allocation.--
                    (A) In general.--From the amounts referred 
                to in paragraph (1) with respect to a State (in 
                this subsection referred to as the ``local 
                amount''), the Attorney General shall allocate 
                to each unit of local government an amount 
                which bears the same ratio to such share as the 
                average annual number of part 1 violent crimes 
                reported by such unit to the Federal Bureau of 
                Investigation for the 3 most recent calendar 
                years for which such data is available bears to 
                the number of part 1 violent crimes reported by 
                all units of local government in the State in 
                which the unit is located to the Federal Bureau 
                of Investigation for such years.
                    (B) Transitional rule.--Notwithstanding 
                subparagraph (A), for fiscal years 2006, 2007, 
                and 2008, the Attorney General shall allocate 
                the local amount to units of local government 
                in the same manner that, under the Local 
                Government Law Enforcement Block Grants program 
                in effect immediately before the date of the 
                enactment of this section, the reserved amount 
                was allocated among reporting and nonreporting 
                units of local government.
            (3) Annexed units.--If a unit of local government 
        in the State has been annexed since the date of the 
        collection of the data used by the Attorney General in 
        making allocations pursuant to this section, the 
        Attorney General shall pay the amount that would have 
        been allocated to such unit of local government to the 
        unit of local government that annexed it.
            (4) Resolution of disparate allocations.--(A) 
        Notwithstanding any other provision of this subpart, 
        if--
                    (i) the Attorney General certifies that a 
                unit of local government bears more than 50 
                percent of the costs of prosecution or 
                incarceration that arise with respect to part 1 
                violent crimes reported by a specified 
                geographically constituent unit of local 
                government; and
                    (ii) but for this paragraph, the amount of 
                funds allocated under this section to--
                            (I) any one such specified 
                        geographically constituent unit of 
                        local government exceeds 150 percent of 
                        the amount allocated to the unit of 
                        local government certified pursuant to 
                        clause (i); or
                            (II) more than one such specified 
                        geographically constituent unit of 
                        local government exceeds 400 percent of 
                        the amount allocated to the unit of 
                        local government certified pursuant to 
                        clause (i),
        then in order to qualify for payment under this 
        subsection, the unit of local government certified 
        pursuant to clause (i), together with any such 
        specified geographically constituent units of local 
        government described in clause (ii), shall submit to 
        the Attorney General a joint application for the 
        aggregate of funds allocated to such units of local 
        government. Such application shall specify the amount 
        of such funds that are to be distributed to each of the 
        units of local government and the purposes for which 
        such funds are to be used. The units of local 
        government involved may establish a joint local 
        advisory board for the purposes of carrying out this 
        paragraph.
            (B) In this paragraph, the term ``geographically 
        constituent unit of local government'' means a unit of 
        local government that has jurisdiction over areas 
        located within the boundaries of an area over which a 
        unit of local government certified pursuant to clause 
        (i) has jurisdiction.
    (e) Limitation on Allocations to Units of Local 
Government.--
            (1) Maximum allocation.--No unit of local 
        government shall receive a total allocation under this 
        section that exceeds such unit's total expenditures on 
        criminal justice services for the most recently 
        completed fiscal year for which data are available. Any 
        amount in excess of such total expenditures shall be 
        allocated proportionally among units of local 
        government whose allocations under this section do not 
        exceed their total expenditures on such services.
            (2) Allocations under $10,000.--If the allocation 
        under this section to a unit of local government is 
        less than $10,000 for any fiscal year, the direct grant 
        to the State under subsection (c) shall be increased by 
        the amount of such allocation, to be distributed (for 
        the purposes described in section 501) among State 
        police departments that provide criminal justice 
        services to units of local government and units of 
        local government whose allocation under this section is 
        less than $10,000.
            (3) Non-reporting units.--No allocation under this 
        section shall be made to a unit of local government 
        that has not reported at least three years of data on 
        part 1 violent crimes of the Uniform Crime Reports to 
        the Federal Bureau of Investigation within the 
        immediately preceding 10 years.
    (f) Funds not Used by the State.--If the Attorney General 
determines, on the basis of information available during any 
grant period, that any allocation (or portion thereof) under 
this section to a State for such grant period will not be 
required, or that a State will be unable to qualify or receive 
funds under this subpart, or that a State chooses not to 
participate in the program established under this subpart, then 
such State's allocation (or portion thereof) shall be awarded 
by the Attorney General to units of local government, or 
combinations thereof, within such State, giving priority to 
those jurisdictions with the highest annual number of part 1 
violent crimes of the Uniform Crime Reports reported by the 
unit of local government to the Federal Bureau of Investigation 
for the three most recent calendar years for which such data 
are available.
    (g) Special Rules for Puerto Rico.--
            (1) All funds set aside for commonwealth 
        government.--Notwithstanding any other provision of 
        this subpart, the amounts allocated under subsection 
        (a) to Puerto Rico, 100 percent shall be for direct 
        grants to the Commonwealth government of Puerto Rico.
            (2) No local allocations.--Subsections (c) and (d) 
        shall not apply to Puerto Rico.
    (h) Units of Local Government in Louisiana.--In carrying 
out this section with respect to the State of Louisiana, the 
term ``unit of local government'' means a district attorney or 
a parish sheriff.

SEC. 506. RESERVED FUNDS.

    Of the total amount made available to carry out this 
subpart for a fiscal year, the Attorney General shall reserve 
not more than--
            (1) $20,000,000, for use by the National Institute 
        of Justice in assisting units of local government to 
        identify, select, develop, modernize, and purchase new 
        technologies for use by law enforcement, of which 
        $1,000,000 shall be for use by the Bureau of Justice 
        Statistics to collect data necessary for carrying out 
        this subpart; and
            (2) $20,000,000, to be granted by the Attorney 
        General to States and units of local government to 
        develop and implement antiterrorism training programs.

SEC. 507. INTEREST-BEARING TRUST FUNDS.

    (a) Trust Fund Required.--A State or unit of local 
government shall establish a trust fund in which to deposit 
amounts received under this subpart.
    (b) Expenditures.--
            (1) In general.--Each amount received under this 
        subpart (including interest on such amount) shall be 
        expended before the date on which the grant period 
        expires.
            (2) Repayment.--A State or unit of local government 
        that fails to expend an entire amount (including 
        interest on such amount) as required by paragraph (1) 
        shall repay the unexpended portion to the Attorney 
        General not later than 3 months after the date on which 
        the grant period expires.
            (3) Reduction of future amounts.--If a State or 
        unit of local government fails to comply with 
        paragraphs (1) and (2), the Attorney General shall 
        reduce amounts to be provided to that State or unit of 
        local government accordingly.
    (c) Repaid Amounts.--Amounts received as repayments under 
this section shall be subject to section 108 of this title as 
if such amounts had not been granted and repaid. Such amounts 
shall be deposited in the Treasury in a dedicated fund for use 
by the Attorney General to carry out this subpart. Such funds 
are hereby made available to carry out this subpart.

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this 
subpart $1,095,000,000 for fiscal year 2006 and such sums as 
may be necessary for each of fiscal years 2007 through 2009.

           *       *       *       *       *       *       *


                    CHAPTER C--GENERAL REQUIREMENTS

                        APPLICATION REQUIREMENTS

    Sec. 517. (a) No grant may be made under this subpart 
unless an application has been submitted to the Director in 
which the applicant--
            (1) sets forth a program or project which is 
        eligible for funding [pursuant to section 511 or 515] 
        pursuant to section 515;

           *       *       *       *       *       *       *


                  Subpart 3--Administrative Provisions

                               EVALUATION

    Sec. 520. (a) To increase the efficiency and effectiveness 
of programs funded under this part, the National Institute of 
Justice shall--
            (1) develop guidelines, in cooperation with the 
        Bureau of Justice Assistance, to assist State and local 
        units of government to conduct [the program evaluations 
        as required by section 501(c) of this part] program 
        evaluations; and
            (2) conduct a reasonable number of comprehensive 
        [evaluations of programs funded under section 506 
        (formula grants) and sections 511 and 515 
        (discretionary grants) of this part] evaluations of 
        programs funded under section 505 (formula grants) and 
        section 515 (discretionary grants) of this part.
    (b) In selecting programs for review, the Director of the 
National Institute of Justice should consider--
            (1) * * *
            (2) the cost of the program to be evaluated and the 
        number of similar [programs funded under section 506 
        (formula grants) and section 511 (discretionary 
        grants)] programs funded under section 505 (formula 
        grants);

           *       *       *       *       *       *       *


                                REPORTS

    Sec. 522. (a) Each State which receives a grant under 
section [506] 505 shall submit to the Director, for each year 
in which any part of such grant is expended by a State or unit 
of local government, a report which contains--
            (1) a summary of the activities carried out with 
        such grant and [an assessment of the impact of such 
        activities on meeting the needs identified in the State 
        strategy submitted under section 503] an assessment of 
        the impact of such activities on meeting the purposes 
        of subpart 1;

           *       *       *       *       *       *       *


     [Part F--Criminal Justice Facility Construction: Pilot Program

                        [authority for payments

    [Sec. 601. In order to relieve overcrowding and substandard 
conditions at State and local correctional facilities, the 
Director of the Bureau of Justice Assistance (hereinafter in 
this part referred to as the ``Director'') is authorized to 
make grants to States, units of local government, and 
combinations of such units to assist in construction of 
correctional facility projects approved under this part, and in 
planning to relieve overcrowding and substandard conditions in 
correctional facilities.

                              [eligibility

    [Sec. 602. (a) A State, unit of local government, or 
combination of such units shall be eligible for assistance 
under this part for a correctional facility project only--
            [(1) if the Director, with the concurrence of the 
        Director of the National Institute of Corrections 
        established in chapter 319 of title 18, United States 
        Code, has made a determination that such project 
        represents a prototype of new and innovative methods 
        and advanced design that will stand as examples of 
        technology for avoiding delay and reducing costs in 
        correctional facility design, construction, and 
        improvement; and
            [(2) for not more than one such project in any 
        State per fiscal year.
    [(b) A State, a unit of local government, or a combination 
of such units shall be eligible for assistance under this part 
for the development of a plan for relieving overcrowding or 
substandard conditions in correctional facilities operated by 
the State, a unit of local government, or a combination of such 
units. Such assistance shall not exceed 50 percent of the cost 
of developing the plan.

                    [application; approval; payment

    [Sec. 603. (a) A State, unit of local government, or 
combination of such units desiring to receive assistance under 
this part for a correctional facility project shall submit to 
the Director an application which shall include--
            [(1) reasonable assurance that the applicant has 
        developed an acceptable plan for reducing overcrowding 
        and improving conditions of confinement in its 
        correctional facilities and has implemented, or is in 
        the process of implementing, such plan through 
        legislative, executive, or judicial initiatives;
            [(2) a detailed description of the correctional 
        facility to be constructed, altered, or expanded, 
        including a description of the site of such facility;
            [(3) an estimate of the total cost of the 
        construction of such project, including the amount of 
        assistance requested for such project;
            [(4) reasonable assurance that title to such site 
        is or will be vested solely in the applicant, or 
        another agency or instrumentality of the applicant;
            [(5) reasonable assurance that adequate financial 
        support will be available for the construction of the 
        project and for its maintenance and operation when 
        complete; and
            [(6) reasonable assurance that the applicant will 
        comply with the standards and recommendations of the 
        clearinghouse on the construction and modernization of 
        correctional facilities established under section 606.
    [(b)(1) The Director may approve any such application only 
if the Director finds that--
            [(A) there are sufficient funds available to 
        provide the assistance requested;
            [(B) such assistance does not exceed 20 percent of 
        the estimated total cost of construction;
            [(C) the application contains such reasonable 
        assurances as may be required under subsection (a); and
            [(D) the eligibility criteria of section 602 are 
        met.
    [(2) In approving applications under this subsection, the 
Director shall consider the numbers and general characteristics 
of the inmate population (to include factors such as offenders' 
ages, offenses, average term of incarceration, and custody 
status), and the degree to which the applicant has implemented 
an inmate classification system which addresses the need for 
appropriate security assignment.
    [(c) Upon approving an application under this section, the 
Director shall award the amount of assistance so approved, but 
in no event an amount greater than 20 percent of the cost of 
construction of the approved correctional facility project, and 
shall provide for payment to the applicant or, if designated by 
the applicant, any agency or instrumentality of the applicant. 
Such amount shall be paid, in advance or by way of 
reimbursement, and in such installments consistent with the 
progress of construction as the Director may determine. Funds 
paid under this subsection for the construction of an approved 
project shall be used solely for carrying out such project as 
so approved.
    [(d) An amendment of any application shall be subject to 
approval in the same manner as an original application.

                         [recapture provisions

    [Sec. 605. If, within 20 years after completion of any 
correctional facility project with respect to which assistance 
has been provided under this part, such facility ceases to be 
operated as a correctional facility, the United States may 
recover from the recipient of such assistance any amount not to 
exceed 20 percent of the then current value of such project 
(but in no event an amount greater than the amount of 
assistance provided under this part for such project), as 
determined by agreement with the parties or by action brought 
in the district court of the United States for the district in 
which such facility is situated.

   [clearinghouse on the construction and modernization of criminal 
                           justice facilities

    [Sec. 606. (a) The Director shall provide for the operation 
of a clearinghouse on the construction and modernization of 
correctional facilities, which shall collect, prepare, and 
disseminate to the public and to interested State and local 
public agencies information, including recommendations, 
pertaining to the construction and modernization of 
correctional facilities. Such information shall include 
information regarding--
            [(1) new and innovative methods and advanced design 
        that will stand as examples of technology for avoiding 
        delay and reducing costs in correctional facility 
        design, construction, and improvement;
            [(2) ways in which a construction planning program 
        may be used to improve the administration of the 
        criminal justice system within each State;
            [(3) recommended minimum standards concerning 
        construction materials and methods, to be updated from 
        time to time to reflect technological advances;
            [(4) the cost effectiveness of available 
        construction materials, methods, and design 
        technologies;
            [(5) the training of correctional facility 
        personnel; and
            [(6) health and safety considerations in 
        construction planning.
    [(b) The Director is authorized to enter into contracts 
with private organizations and interagency agreements with the 
National Institute of Corrections, the National Institute of 
Justice, the Bureau of Justice Statistics, and other 
appropriate public agencies, to operate the clearinghouse 
required under this section.]
          * * * * * * *

                   Part H--Administrative Provisions

          consultation; establishment of rules and regulations

    Sec. 801. (a) * * *
    (b) The Bureau of Justice Assistance shall, after 
consultation with the National Institute of Justice, the Bureau 
of Justice Statistics, the Office of Juvenile Justice and 
Delinquency Prevention, State and local governments, and the 
appropriate public and private agencies, establish such rules 
and regulations as are necessary to assure the continuing 
evaluation of selected programs or projects conducted pursuant 
to parts E, M, N, O, and U in order to determine--
            (1) * * *
          * * * * * * *
In conducting evaluations described in this subsection, the 
Bureau of Justice Assistance shall, when practical, compare the 
effectiveness of programs conducted by similar applicants and 
different applicants. The Bureau of Justice Assistance shall 
also require applicants under subpart 1 of part E to submit an 
annual performance report concerning activities carried out 
pursuant to subpart 1 of part E together with an assessment by 
the applicant of the effectiveness of those activities in 
achieving [the purposes of section 501 of this title] the 
purposes of such subpart 1 and the relationships of those 
activities to the needs and objectives specified by the 
applicant in [the application submitted pursuant to section 503 
of this title] the application submitted pursuant to section 
502 of this title. The Bureau shall suspend funding for an 
approved application under subpart 1 of part E if an applicant 
fails to submit such an annual performance report.
          * * * * * * *

          notice and hearing on denial or termination of grant

    Sec. 802. [(a)] Whenever, after reasonable notice and 
opportunity for a hearing on the record in accordance with 
section 554 of title 5, United States Code, the Bureau of 
Justice Assistance, the National Institute of Justice, and the 
Bureau of Justice Statistics finds that a recipient of 
assistance under this title has failed to comply substantially 
with--
            (1) * * *
          * * * * * * *
    [(b) If any grant application submitted under subpart 1 of 
part E or under part M, N, O, or T of this title has been 
denied, or any grant under this title has been terminated, then 
the Bureau of Justice Assistance, the National Institute of 
Justice, or the Bureau of Justice Statistics, as appropriate, 
shall notify the applicant of its action and set forth the 
reason for the action taken. Whenever such an applicant 
requests a hearing, the Bureau of Justice Assistance, the 
National Institute of Justice, or the Bureau of Justice 
Statistics, or any authorized officer thereof, is authorized 
and directed to hold such hearings or investigations, including 
hearings on the record in accordance with section 554 of title 
5, United States Code, at such times and places as necessary, 
following appropriate and adequate notice to such applicant; 
and the findings of fact and determinations made with respect 
thereto shall be final and conclusive, except as otherwise 
provided herein. The Bureau of Justice Assistance, the National 
Institute of Justice, or the Bureau of Justice Statistics is 
authorized to take final action without a hearing if, after an 
administrative review of the denial of such application or 
termination of such grant, it is determined that the basis for 
the appeal, if substantiated, would not establish a basis for 
awarding or continuing of the grant involved. Under such 
circumstances, a more detailed statement of reasons for the 
agency action should be made available, upon request, to the 
applicant.
    [(c) If the applicant involved is dissatisfied with the 
findings and determinations of the Bureau of Justice 
Assistance, the National Institute of Justice, or the Bureau of 
Justice Statistics following notice and hearing provided for in 
subsection (a) of this section, a request may be made for 
rehearing, under such regulations and procedure as the Bureau 
of Justice Assistance, the National Institute of Justice, or 
the Bureau of Justice Statistics may establish, and such 
applicant shall be afforded an opportunity to present such 
additional information as may be deemed appropriate and 
pertinent to the matter involved.]
                       finality of determinations
    Sec. 803. In carrying out the functions vested by this 
title in the Bureau of Justice Assistance, the Bureau of 
Justice Statistics, or the National Institute of Justice, their 
determinations, findings, and conclusions shall[, after 
reasonable notice and opportunity for a hearing,] be final and 
conclusive upon all applications[, except as otherwise provided 
herein].
                        [appellate court review
    [Sec. 804. (a) If any applicant or recipient is 
dissatisfied with a final action with respect to section 802, 
803, or 809(c)(2)(G) of this part, such applicant or recipient 
may, within sixty days after notice of such action, file with 
the United States court of appeals for the circuit in which 
such applicant or recipient is located, or in the United States 
Court of Appeals for the District of Columbia, a petition for 
review of the action. A copy of the petition shall forthwith be 
transmitted by the petitioner to the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the Office of Juvenile Justice and Delinquency 
Prevention, or the National Institute of Justice, as 
appropriate, and the Attorney General of the United States, who 
shall represent the Federal Government in the litigation. The 
Office of Justice Programs, Bureau of Justice Assistance, the 
Bureau of Justice Statistics, the Office of Juvenile Justice 
and Delinquency Prevention, or the National Institute of 
Justice, as appropriate, shall thereupon file in the court the 
record of the proceeding on which the action was based, as 
provided in section 2112 of title 28, United States Code. No 
objection to the action shall be considered by the court unless 
such objection has been urged before the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the Office of Juvenile Justice and Delinquency 
Prevention, or the National Institute of Justice, as 
appropriate.
    [(b) The court shall have jurisdiction to affirm or modify 
a final action or to set it aside in whole or in part. The 
findings of fact by the Office of Justice Programs, Bureau of 
Justice Assistance, the Bureau of Justice Statistics, the 
Office of Juvenile Justice and Delinquency Prevention, or the 
National Institute of Justice, if supported by substantial 
evidence on the record considered as a whole, shall be 
conclusive, but the court, for good cause shown, may remand the 
case to the Office of Justice Programs, Bureau of Justice 
Assistance, the National Institute of Justice, the Office of 
Juvenile Justice and Delinquency Prevention, or the Bureau of 
Justice Statistics, to take additional evidence to be made part 
of the record. The Office of Justice Programs, Bureau of 
Justice Assistance, the Bureau of Justice Statistics, the 
Office of Juvenile Justice and Delinquency Prevention, or the 
National Institute of Justice, may thereupon make new or 
modified findings of fact by reason of the new evidence so 
taken and filed with the court and shall files such modified or 
new findings along with any recommendations such entity may 
have for the modification or setting aside of such entity's 
original action. All new or modified findings shall be 
conclusive with respect to questions of fact if supported by 
substantial evidence when the record as a whole is considered.
    [(c) Upon the filing of such petition, the court shall have 
jurisdiction to affirm the action of the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the Office of Juvenile Justice and Delinquency 
Prevention, or the National Institute of Justice, or to set it 
aside, in whole or in part. The judgment of the court shall be 
subject to review by the Supreme Court of the United States 
upon writ of certiorari or certifications as provided in 
section 1254 of title 28, United States Code.]
          * * * * * * *

                       title to personal property

    Sec. 808. Notwithstanding any other provision of law, title 
to all expendable and nonexpendable personal property purchased 
with funds made available under this title, including such 
property purchased with funds made available under this title 
as in effect before the effective date of the Justice 
Assistance Act of 1984, shall vest in the criminal justice 
agency or nonprofit organization that purchased the property if 
it certifies to [the State office described in section 507 or 
1408] the State office responsible for the trust fund required 
by section 507, or the State office described in section 1408, 
as the case may be, of this title that it will use the property 
for criminal justice purposes. If such certification is not 
made, title to the property shall vest in the State office, 
which shall seek to have the property used for criminal justice 
purposes elsewhere in the State prior to using it or disposing 
of it in any other manner.
          * * * * * * *

                     confidentiality of information

    Sec. 812. (a) [Except as provided by Federal law other than 
this title, no] No officer or employee of the Federal 
Government, and no recipient of assistance under the provisions 
of this title shall use or reveal any research or statistical 
information furnished under this title by any person and 
identifiable to any specific private person for any purpose 
other than the purpose for which it was obtained in accordance 
with this title. Such information and copies thereof shall be 
immune from legal process, and shall not, without the consent 
of the person furnishing such information, be admitted as 
evidence or used for any purpose in any action, suit, or other 
judicial, legislative, or administrative proceedings.
          * * * * * * *

                          Part I--Definitions

                              definitions
    Sec. 901. (a) As used in this title--
            (1) * * *
            (2) ``State'' means any State of the United States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands: Provided, That for the 
        purposes of section [506(a)] 505(a), American Samoa and 
        the Commonwealth of the Northern Mariana Islands shall 
        be considered as one State and that for these purposes 
        67 per centum of the amounts allocated shall be 
        allocated to American Samoa, and 33 per centum to the 
        Commonwealth of the Northern Mariana Islands.
            (3) ``unit of local government'' means--
                    (A) * * *
          * * * * * * *
                    (C) an Indian Tribe [(as that term is 
                defined in section 103 of the Juvenile Justice 
                and Delinquency Prevention Act of 1974 (42 
                U.S.C. 5603))] that performs law enforcement 
                functions, as determined by the Secretary of 
                the Interior; or
          * * * * * * *
            (5) ``combination'' as applied to States or units 
        of local government means any grouping or joining 
        together of such States or units for the purpose of 
        preparing, developing, or implementing a criminal 
        justice [program or project] program, plan, or project;
          * * * * * * *
            (11) ``neighborhood or community-based 
        organizations'' means organizations [which], including 
        faith-based, that are representative of communities or 
        significant segments of communities;
          * * * * * * *
            (24) the term ``young offender'' means a non-
        violent first-time offender or a non-violent offender 
        with a minor criminal record who is 22 years of age or 
        younger (including juveniles); [and]
            (25) 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--
                    (A) * * *
                    (B) intended to develop the prisoner's 
                cognitive, behavioral, social, vocational, and 
                other skills so as to solve the prisoner's 
                substance abuse and related problems[.];
            (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).

           *       *       *       *       *       *       *


                            Part J--Funding

                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 1001. (a)(1) * * *

           *       *       *       *       *       *       *

    (11)(A) There are authorized to be appropriated to carry 
out part Q, to remain available until [expended--
            [(i) $1,332,000,000 for fiscal year 1995;
            [(ii) $1,850,000,000 for fiscal year 1996;
            [(iii) $1,950,000,000 for fiscal year 1997;
            [(iv) $1,700,000,000 for fiscal year 1998;
            [(v) $1,700,000,000 for fiscal year 1999; and
            [(vi) $268,000,000 for fiscal year 2000] expended 
        $1,047,119,000 for each of fiscal years 2006 through 
        2009.
    (B) Of funds available under part Q in any fiscal year, up 
to 3 percent may be used for technical assistance under section 
[1701(f)] 1701(d) or for evaluations or studies carried out or 
commissioned by the Attorney General in furtherance of the 
purposes of part Q. Of the remaining funds, 50 percent shall be 
allocated for grants pursuant to applications submitted by 
units of local government or law enforcement agencies having 
jurisdiction over areas with populations exceeding 150,000 or 
by public and private entities that serve areas with 
populations exceeding 150,000, and 50 percent shall be 
allocated for grants pursuant to applications submitted by 
units of local government or law enforcement agencies having 
jurisdiction over areas with populations 150,000 or less or by 
public and private entities that serve areas with populations 
150,000 or less. [Of the funds available in relation to grants 
under part Q, at least 85 percent shall be applied to grants 
for the purposes specified in section 1701(b), and no more than 
15 percent may be applied to other grants in furtherance of the 
purposes of part Q.] In view of the extraordinary need for law 
enforcement assistance in Indian country, an appropriate amount 
of funds available under part Q shall be made available for 
grants to Indian tribal governments or tribal law enforcement 
agencies.

           *       *       *       *       *       *       *

    (18) There is authorized to be appropriated to carry out 
part T [$185,000,000 for each of fiscal years 2001 through 
2005] $215,000,000 for each of fiscal years 2006 through 2010.
    (19) There is authorized to be appropriated to carry out 
part U [$65,000,000 for each of fiscal years 2001 through 
2005.] $65,000,000 for each of fiscal years 2006 through 2010. 
Funds appropriated under this paragraph shall remain available 
until expended.

           *       *       *       *       *       *       *

    (23) There are authorized to be appropriated to carry out 
part Y, $25,000,000 for each of fiscal years 1999 through 2001, 
and $50,000,000 for each of fiscal years 2002 through [2007] 
2009.

           *       *       *       *       *       *       *


             Part L--Public Safety Officers' Death Benefits

                       Subpart 1--Death Benefits

                                payments

    Sec. 1201. (a) In any case in which the Bureau of Justice 
Assistance (hereinafter in this part referred to as the 
``Bureau'') determines, under regulations issued pursuant to 
this part, that a public safety officer has died as the direct 
and proximate result of a personal injury sustained in the line 
of duty, the Bureau shall pay a benefit of $250,000, adjusted 
in accordance with subsection (h), as follows:
            (1) * * *

           *       *       *       *       *       *       *

            [(4) if there is no surviving spouse or surviving 
        child, to the individual designated by such officer as 
        beneficiary under such officer's most recently executed 
        life insurance policy, provided that such individual 
        survived such officer; or]
            (4) if there is no surviving spouse or surviving 
        child--
                    (A) in the case of a claim made on or after 
                the date that is 90 days after the date of the 
                enactment of this subparagraph, to the 
                individual designated by such officer as 
                beneficiary under this section in such 
                officer's most recently executed designation of 
                beneficiary on file at the time of death with 
                such officer's public safety agency, 
                organization, or unit, provided that such 
                individual survived such officer; or
                    (B) if there is no individual qualifying 
                under subparagraph (A), to the individual 
                designated by such officer as beneficiary under 
                such officer's most recently executed life 
                insurance policy, provided that such individual 
                survived such officer; or

           *       *       *       *       *       *       *

    (m) In any case in which the Bureau paid, before the date 
of the enactment of Public Law 107-196, any benefit under this 
part to an individual who--
            (1) before the enactment of that law was entitled 
        to receive that benefit; and
            (2) by reason of the retroactive effective date of 
        that law is no longer entitled to receive that benefit,
the Bureau may suspend or end activities to collect that 
benefit if the Bureau determines that collecting that benefit 
is impractical or would cause undue hardship to that 
individual.

                              LIMITATIONS

    Sec. 1202. No benefit shall be paid under this part--
            (1) * * *

           *       *       *       *       *       *       *

            (5) with respect to any individual employed in a 
        capacity other than a civilian capacity.

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. 1204. As used in this part--
            (1) * * *

           *       *       *       *       *       *       *

            (4) ``firefighter'' includes an individual serving 
        as an official recognized or designated member of a 
        legally organized volunteer fire department [and an 
        officially recognized or designated public employee 
        member of a rescue squad or ambulance crew;];

           *       *       *       *       *       *       *

            (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;
            [(7)] (8) ``public agency'' means the United 
        States, any State of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands of the United States, Guam, American Samoa, the 
        Trust Territory of the Pacific Islands, the 
        Commonwealth of the Northern Mariana Islands, and any 
        territory or possession of the United States, or any 
        unit of local government, agency, or instrumentality of 
        any of the foregoing; and
            [(8)] (9) ``public safety officer'' means--
                    (A) * * *

           *       *       *       *       *       *       *


              PART M--REGIONAL INFORMATION SHARING SYSTEMS

SEC. 1301. REGIONAL INFORMATION SHARING SYSTEMS GRANTS.

    (a) * * *
    (b) Grants and contracts awarded under this part shall be 
made for--
            (1) maintaining and operating regional information 
        sharing systems that are responsive to the needs of 
        participating enforcement agencies in addressing 
        multijurisdictional offenses and conspiracies, and that 
        are capable of providing controlling input, 
        dissemination, rapid retrieval, and systematized 
        updating of information to authorized agencies;

           *       *       *       *       *       *       *

            [(3) establishing and maintaining a 
        telecommunication of the information sharing and 
        analytical programs in clauses (1) and (2);]
            (3) establishing and maintaining a secure 
        telecommunications system for regional information 
        sharing between Federal, State, and local law 
        enforcement agencies;
            (4) establishing and operating secure information 
        sharing systems to enhance the investigation and 
        prosecution abilities of participating enforcement 
        agencies in addressing multi-jurisdictional terrorist 
        conspiracies and activities; and [(5)]

           *       *       *       *       *       *       *


                     PART O--RURAL DRUG ENFORCEMENT

OTHER REQUIREMENTS

           *       *       *       *       *       *       *


    Sec. 1502. Subparts 1 and 3 of part E of this title shall 
apply with respect to funds appropriated to carry out this 
part, in the same manner as such subparts apply to funds 
appropriated to carry out part E, except that--
            (1) section [506(a)] 505(a) of this title shall not 
        apply with respect to this part; and
            (2) in addition to satisfying the requirements of 
        section [503(a)] 502, each application for a grant 
        under this part shall include in its application a 
        statement specifying how such grant will be coordinated 
        with a grant received under section [506] 505 of this 
        title for the same fiscal year.

           *       *       *       *       *       *       *


PART P--CRIMINAL CHILD SUPPORT ENFORCEMENT

           *       *       *       *       *       *       *


 H4  deg.SEC. 1602. STATE APPLICATIONS.

    (a) * * *
    (b) State Office.--[The office designated under section 507 
of title I] The office responsible for the trust fund required 
by section 507--
            (1) * * *

           *       *       *       *       *       *       *


   PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON THE BEAT''

SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
                    GRANTS.

    [(a) Grant Authorization.--The Attorney General may make 
grants to States, units of local government, Indian tribal 
governments, other public and private entities, and multi-
jurisdictional or regional consortia thereof to increase police 
presence, to expand and improve cooperative efforts between law 
enforcement agencies and members of the community to address 
crime and disorder problems, and otherwise to enhance public 
safety.]
    (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).
    [(b) Rehiring, Hiring, and Initial Redeployment Grant 
Projects.--
            [(1) In general.--Grants made under subsection (a) 
        may be used for programs, projects, and other 
        activities to--
                    [(A) rehire law enforcement officers who 
                have been laid off as a result of State and 
                local budget reductions for deployment in 
                community-oriented policing;
                    [(B) hire and train new, additional career 
                law enforcement officers for deployment in 
                community-oriented policing across the Nation; 
                and
                    [(C) procure equipment, technology, or 
                support systems, or pay overtime, if the 
                applicant for such a grant demonstrates to the 
                satisfaction of the Attorney General that 
                expenditures for such purposes would result in 
                an increase in the number of officers deployed 
                in community-oriented policing equal to or 
                greater than the increase in the number of 
                officers that would result from a grant for a 
                like amount for the purposes specified in 
                subparagraph (A) or (B).
            [(2) Grants for equipment, technology, and support 
        systems.--Grants pursuant to paragraph (1)(C)--
            [(A) may not exceed 20 percent of the funds 
        available for grants pursuant to this subsection in any 
        fiscal year.
                    [(B) may not be awarded in fiscal years 
                1998, 1999, or 2000 unless the Attorney General 
                has certified that grants awarded in fiscal 
                years 1995, 1996, and 1997 pursuant to 
                subparagraph (1)(C) have resulted in an 
                increase in the number of officers deployed in 
                community-oriented policing equal to or greater 
                than the increase in the number of officers 
                that have resulted from the grants in like 
                amounts awarded in fiscal years 1995, 1996, and 
                1997 pursuant to paragraph (1) (A) and (B).
    [(c) Troops-to-Cops Programs.--
            [(1) In general.--Grants made under subsection (a) 
        may be used to hire former members of the Armed Forces 
        to serve as career law enforcement officers for 
        deployment in community-oriented policing, particularly 
        in communities that are adversely affected by a recent 
        military base closing.
            [(2) Definition.--In this subsection, ``former 
        member of the Armed Forces'' means a member of the 
        Armed Forces of the United States who is involuntarily 
        separated from the Armed Forces within the meaning of 
        section 1141 of title 10, United States Code.]
    [(d) Additional Grant Projects.--Grants made under 
subsection (a) may include programs, projects, and other
activities to--] (b) Uses of Grant Amounts.--The purposes for 
which grants made under subsection (a) may be made are--
            (1) rehire law enforcement officers who have been 
        laid off as a result of State and local budget 
        reductions for deployment in community-oriented 
        policing;
            (2) hire and train new, additional career law 
        enforcement officers for deployment in community-
        oriented policing across the Nation;
            (3) procure equipment, technology, or support 
        systems, or pay overtime, to increase the number of 
        officers deployed in community-oriented policing;
            (4) improve security at schools and on school 
        grounds in the jurisdiction of the grantee through--
                    (A) placement and use of metal detectors, 
                locks, lighting, and other deterrent measures;
                    (B) security assessments;
                    (C) security training of personnel and 
                students;
                    (D) coordination with local law 
                enforcement; and
                    (E) any other measure that, in the 
                determination of the Attorney General, may 
                provide a significant improvement in security;
            (5) award grants to pay for offices hired to 
        perform intelligence, anti-terror, or homeland security 
        duties;
            [(1)] (6) increase the number of law enforcement 
        officers involved in activities that are focused on 
        interaction with members of the community on proactive 
        crime control and prevention by redeploying officers to 
        such activities;
            [(2)] (7) provide specialized training to law 
        enforcement officers to enhance their conflict 
        resolution, mediation, problem solving, service, and 
        other skills needed to work in partnership with members 
        of the community;
            [(3)] (8) increase police participation in 
        multidisciplinary early intervention teams;
            [(4) develop new technologies to assist State and 
        local law enforcement agencies in reorienting the 
        emphasis of their activities from reacting to crime to 
        preventing crime;]
            (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;
            [(5)] (10) develop and implement innovative 
        programs to permit members of the community to assist 
        State and local law enforcement agencies in the 
        prevention of crime in the community, such as a 
        citizens' police academy, including programs designed 
        to increase the level of access to the criminal justice 
        system enjoyed by victims, witnesses, and ordinary 
        citizens by establishing decentralized satellite 
        offices (including video facilities) of principal 
        criminal courts buildings;
            [(6)] (11) establish innovative programs to reduce, 
        and keep to a minimum, the amount of time that law 
        enforcement officers must be away from the community 
        while awaiting court appearances;
            [(7)] (12) establish and implement innovative 
        programs to increase and enhance proactive crime 
        control and prevention programs involving law 
        enforcement officers and young persons in the 
        community;
            [(8)] (13) establish school-based partnerships 
        between local law enforcement agencies and local school 
        systems by using school resource officers who operate 
        in and around elementary and secondary schools to 
        combat school-related crime and disorder problems, 
        gangs, and drug activities;
            [(9)] (14) develop and establish new administrative 
        and managerial systems to facilitate the adoption of 
        community-oriented policing as an organization-wide 
        philosophy;
            [(10)] (15) assist a State in enforcing a law 
        throughout the State which requires that a convicted 
        sex offender register his or her address with a State 
        or local law enforcement agency and be subject to 
        criminal prosecution for failure to comply;
            [(11)] (16) establish, implement, and coordinate 
        crime prevention and control programs (involving law 
        enforcement officers working with community members) 
        with other Federal programs that serve the community 
        and community members to better address the 
        comprehensive needs of the community and its members; 
        and
            [(12)] (17) support the purchase by a law 
        enforcement agency of no more than 1 service weapon per 
        officer, upon hiring for deployment in community-
        oriented policing or, if necessary, upon existing 
        officers' initial redeployment to community-oriented 
        policing.
    [(e)] (c) Preferential Consideration of Applications for 
Certain Grants.--In awarding grants under this part, the 
Attorney General may give preferential consideration, where 
feasible, to applications for hiring and rehiring additional 
career law enforcement officers that involve a non-Federal 
contribution exceeding the 25 percent minimum under subsection 
[(i)] (g).
    [(f)] (d) Technical Assistance.--
            (1) * * *

           *       *       *       *       *       *       *

    [(g)] (e) Utilization of Components.--The Attorney General 
may utilize any component or components of the Department of 
Justice in carrying out this part.
    [(h)] (f) Minimum Amount.--Unless all applications 
submitted by any State and grantee within the State pursuant to 
subsection (a) have been funded, each qualifying State, 
together with grantees within the State, shall receive in each 
fiscal year pursuant to subsection (a) not less than 0.5 
percent of the total amount appropriated in the fiscal year for 
grants pursuant to that subsection. In this subsection, 
``qualifying State'' means any State which has submitted an 
application for a grant, or in which an eligible entity has 
submitted an application for a grant, which meets the 
requirements prescribed by the Attorney General and the 
conditions set out in this part.
    [(i)] (g) Matching Funds.--The portion of the costs of a 
program, project, or activity provided by a grant under 
subsection (a) may not exceed 75 percent, unless the Attorney 
General waives, wholly or in part, the requirement under this 
subsection of a non-Federal contribution to the costs of a 
program, project, or activity. In relation to a grant for a 
period exceeding 1 year for hiring or rehiring career law 
enforcement officers, the Federal share shall decrease from 
year to year for up to 5 years, looking toward the continuation 
of the increased hiring level using State or local sources of 
funding following the conclusion of Federal support, as 
provided in an approved plan pursuant to section 1702(c)(8).
    [(j)] (h) Allocation of Funds.--The funds available under 
this part shall be allocated as provided in section 
1001(a)(11)(B).
    [(k)] (i) Termination of Grants for Hiring Officers.--The 
authority under subsection (a) of this section to make grants 
for the hiring and rehiring of additional career law 
enforcement officers shall lapse at the conclusion of 6 years 
from the date of enactment of this part. Prior to the 
expiration of this grant authority, the Attorney General shall 
submit a report to Congress concerning the experience with and 
effects of such grants. The report may include any 
recommendations the Attorney General may have for amendments to 
this part and related provisions of law in light of the 
termination of the authority to make grants for the hiring and 
rehiring of additional career law enforcement officers.
    (j) Matching Funds for School Security Grants.--
Notwithstanding subsection (i), in the case of a grant under 
subsection (a) for the purposes described in subsection 
(b)(4)--
            (1) the portion of the costs of a program provided 
        by that grant may not exceed 50 percent;
            (2) any funds appropriated by Congress for the 
        activities of any agency of an Indian tribal government 
        or the Bureau of Indian Affairs performing law 
        enforcement functions on any Indian lands may be used 
        to provide the non-Federal share of a matching 
        requirement funded under this subsection; and
            (3) the Attorney General may provide, in the 
        guidelines implementing this section, for the 
        requirement of paragraph (1) to be waived or altered in 
        the case of a recipient with a financial need for such 
        a waiver or alteration.

SEC. 1702. APPLICATIONS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Contents.--In accordance with the regulations or 
guidelines established by the Attorney General, each 
application for a grant under this part shall--
            (1) include a long-term strategy and detailed 
        implementation plan that reflects consultation with 
        community groups and appropriate private and public 
        agencies [and reflects consideration of the statewide 
        strategy under section 503(a)(1)];

           *       *       *       *       *       *       *

    (d) Special Provisions.--
            (1) * * *
            (2) Small grant amount.--Notwithstanding any other 
        provision of this part, in relation to applications 
        under section [1701(d)] 1701(b) for grants of less than 
        $1,000,000, the Attorney General may waive 1 or more of 
        the requirements of subsection (c) and may otherwise 
        make special provisions to facilitate the expedited 
        submission, processing, and approval of such 
        applications.

           *       *       *       *       *       *       *


              PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

SEC. 1801. PROGRAM AUTHORIZED.

    (a) * * *
    (b) Authorized Activities.--Amounts paid to a State or a 
unit of local government under this part shall be used by the 
State or unit of local government for the purpose of 
strengthening the juvenile justice system, which includes--
            (1) * * *

           *       *       *       *       *       *       *

            [(13) establishing and maintaining accountability-
        based programs that are designed to enhance school 
        safety;]
            (13) establishing and maintaining accountability-
        based programs that are designed to enhance school 
        safety, which programs may include reseach-based 
        bullying and gang prevention programs;

           *       *       *       *       *       *       *

            (15) establishing and maintaining programs to 
        enable juvenile courts and juvenile probation officers 
        to be more effective and efficient in holding juvenile 
        offenders accountable and reducing recidivism; [or]
            (16) hiring detention and corrections personnel, 
        and establishing and maintaining training programs for 
        such personnel to improve facility practices and 
        programming[.]; or
            (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. 1802. GRANT ELIGIBILITY.

    (a) State Eligibility.--To be eligible to receive a grant 
under this part, a State shall submit to the Attorney General 
an application at such time, in such form, and containing such 
assurances and information as the Attorney General may require 
by guidelines, including--
            (1) information about--
                    (A) * * *
                    (B) the criteria by which the State 
                proposes to assess the effectiveness of such 
                activities on achieving the purposes of this 
                part, including the extent to which evidence-
                based approaches are utilized; and

           *       *       *       *       *       *       *

    (b) Local Eligibility.--
            (1) Subgrant eligibility.--To be eligible to 
        receive a subgrant, a unit of local government, other 
        than a specially qualified unit, shall provide to the 
        State--
                    (A) information about--
                            (i) * * *
                            (ii) the criteria by which the unit 
                        proposes to assess the effectiveness of 
                        such activities on achieving the 
                        purposes of this part, including the 
                        extent to which evidence-based 
                        approaches are utilized; and

           *       *       *       *       *       *       *


SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
carry out this part, $350,000,000 for each of fiscal years 
[2002 through 2005] 2006 through 2009.

           *       *       *       *       *       *       *


PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

           *       *       *       *       *       *       *


SEC. 1902. STATE APPLICATIONS.

    (a) * * *

           *       *       *       *       *       *       *

    (e) State Office.--[The Office designated under section 
507] The office responsible for the trust fund required by 
section 507--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Definition.--In this section, the term ``jail-based 
substance abuse treatment program'' means a course of 
individual and group activities, lasting for a period of not 
less than 3 months, in an area of a correctional facility set 
apart from the general population of the correctional facility, 
if those activities are--
            (1) directed at the substance abuse problems of the 
        prisoners; and
            (2) intended to develop the cognitive, behavioral, 
        and other skills of prisoners in order to address the 
        substance abuse and related problems of prisoners.

           *       *       *       *       *       *       *


         Part T--Grants To Combat Violent Crimes Against Women

SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING TO VIOLENCE AGAINST 
                    WOMEN ARE GENDER-NEUTRAL.

    In this part, and in any other Act of Congress, unless the 
context unequivocally requires otherwise, a provision 
authorizing or requiring the Department of Justice to make 
grants, or to carry out other activities, for assistance to 
victims of domestic violence, dating violence, stalking, sexual 
assault, or trafficking in persons, shall be construed to cover 
grants that provide assistance to female victims, male victims, 
or both.

SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION CARRIED OUT BY 
                    VIOLENCE AGAINST WOMEN OFFICE.

    (a) In General.--In this part, and in any violence against 
women provision, unless the context unequivocally requires 
otherwise, the following definitions apply:
            (1) Courts.--The term ``courts'' means any civil or 
        criminal, tribal, and Alaskan Village, Federal, State, 
        local or territorial court having jurisdiction to 
        address domestic violence, dating violence, sexual 
        assault or stalking, including immigration, family, 
        juvenile, and dependency courts, and the judicial 
        officers serving in those courts, including judges, 
        magistrate judges, commissioners, justices of the 
        peace, or any other person with decisionmaking 
        authority.
            (2) Child maltreatment.--The term ``child 
        maltreatment'' means the physical or psychological 
        abuse or neglect of a child or youth, including sexual 
        assault and abuse.
            (3) Community-based organization.--The term 
        ``community-based organization'' means an organization 
        that--
                    (A) focuses primarily on domestic violence, 
                dating violence, sexual assault, or stalking;
                    (B) has established a specialized 
                culturally specific program that addresses 
                domestic violence, dating violence, sexual 
                assault, or stalking;
                    (C) has a primary focus on underserved 
                populations (and includes representatives of 
                these populations) and domestic violence, 
                dating violence, sexual assault, or stalking; 
                or
                    (D) obtains expertise, or shows 
                demonstrated capacity to work effectively, on 
                domestic violence, dating violence, sexual 
                assault, and stalking through collaboration.
            (4) Court-based and court-related personnel.--The 
        term ``court-based'' and ``court-related personnel'' 
        mean persons working in the court, whether paid or 
        volunteer, including--
                    (A) clerks, special masters, domestic 
                relations officers, administrators, mediators, 
                custody evaluators, guardians ad litem, 
                lawyers, negotiators, probation, parole, 
                interpreters, victim assistants, victim 
                advocates, and judicial, administrative, or any 
                other professionals or personnel similarly 
                involved in the legal process;
                    (B) court security personnel;
                    (C) personnel working in related, 
                supplementary offices or programs (such as 
                child support enforcement); and
                    (D) any other court-based or community-
                based personnel having responsibilities or 
                authority to address domestic violence, dating 
                violence, sexual assault, or stalking in the 
                court system.
            (5) Domestic violence.--The term ``domestic 
        violence'' includes felony or misdemeanor crimes of 
        violence committed by a current or former spouse of the 
        victim, by a person with whom the victim shares a child 
        in common, by a person who is cohabitating with or has 
        cohabitated with the victim as a spouse, by a person 
        similarly situated to a spouse of the victim under the 
        domestic or family violence laws of the jurisdiction 
        receiving grant monies, or by any other person against 
        an adult, youth, or minor victim who is protected from 
        that person's acts under the domestic or family 
        violence laws of the jurisdiction receiving grant 
        monies.
            (6) Dating partner.--The term ``dating partner'' 
        refers to a person who is or has been in an ongoing 
        social relationship of a romantic or intimate nature 
        with the abuser, and existence of such a relationship 
        based on a consideration of--
                    (A) the length of the relationship;
                    (B) the type of relationship; and
                    (C) the frequency of interaction between 
                the persons involved in the relationship.
            (7) Dating violence.--The term ``dating violence'' 
        means violence committed by a person--
                    (A) who is or has been in an ongoing social 
                relationship of a romantic or intimate nature 
                with the victim; and
                    (B) where the existence of such a 
                relationship shall be determined based on a 
                consideration of the following factors:
                            (i) The length of the relationship.
                            (ii) The type of relationship.
                            (iii) The frequency of interaction 
                        between the persons involved in the 
                        relationship.
            (8) Elder abuse.--The term ``elder abuse'' means 
        any action against a person who is 60 years of age or 
        older that constitutes the willful--
                    (A) infliction of injury, unreasonable 
                confinement, intimidation, or cruel punishment 
                with resulting physical harm, pain, or mental 
                anguish; or
                    (B) deprivation by a person, including a 
                caregiver, of goods or services that are 
                necessary to avoid physical harm, mental 
                anguish, or mental illness.
            (9) Indian.--The term ``Indian'' means a member of 
        an Indian tribe.
            (10) Indian housing.--The term ``Indian housing'' 
        means housing assistance described in the Native 
        American Assistance and Self-Determination Act of (25 
        U.S.C. 4101 et seq., as amended).
            (11) Indian tribe.--The term ``Indian tribe'' means 
        a tribe, band, pueblo, nation, or other organized group 
        or community of Indians, including any Alaska Native 
        village or regional or village corporation (as defined 
        in, or established pursuant to, the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.)), that 
        is recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.
            (12) Indian law enforcement.--The term ``Indian law 
        enforcement'' means the departments or individuals 
        under the direction of the Indian tribe that maintain 
        public order.
            (13) Law enforcement.--The term ``law enforcement'' 
        means a public agency charged with policing functions, 
        including any of its component bureaus (such as 
        governmental victim services programs), including those 
        referred to in section 3 of the Indian Enforcement 
        Reform Act (25 U.S.C. 2802).
            (14) Legal assistance.--The term ``legal 
        assistance''--
                    (A) includes assistance to adult, youth, 
                and minor victims of domestic violence, dating 
                violence, sexual assault, and stalking in--
                            (i) family, tribal, territorial, 
                        immigration, employment, administrative 
                        agency, housing matters, campus 
                        administrative or protection or stay 
                        away order proceedings, and other 
                        similar matters; and
                            (ii) criminal justice 
                        investigations, prosecutions and post-
                        trial matters (including sentencing, 
                        parole, and probation) that impact the 
                        victim's safety and privacy, subject to 
                        subparagraph (B); and
                    (B) does not include representation of a 
                defendant in a criminal or juvenile proceeding.
            (15) Linguistically and culturally specific 
        services.--The term ``linguistically and culturally 
        specific services'' means community-based services that 
        offer full linguistic access and culturally specific 
        services and resources, including outreach, 
        collaboration, and support mechanisms primarily 
        directed toward racial and ethnic populations and other 
        underserved communities.
            (16) Personally identifying information or personal 
        information.--The term ``personally identifying 
        information'' or ``personal information'' means 
        individually identifying information for or about an 
        individual including information likely to disclose the 
        location of a victim of domestic violence, dating 
        violence, sexual assault, or stalking, including--
                    (A) a first and last name;
                    (B) a home or other physical address;
                    (C) contact information (including a 
                postal, e-mail or Internet protocol address, or 
                telephone or facsimile number);
                    (D) a social security number; and
                    (E) any other information, including date 
                of birth, racial or ethnic background, or 
                religious affiliation, that, in combination 
                with any of subparagraphs (A) through (D), 
                would serve to identify any individual.
            (17) Prosecution.--The term ``prosecution'' means 
        any public agency charged with direct responsibility 
        for prosecuting criminal offenders, including such 
        agency's component bureaus (such as governmental victim 
        services programs).
            (18) Protection order or restraining order.--The 
        term ``protection order'' or ``restraining order'' 
        includes--
                    (A) any injunction, restraining order, or 
                any other order issued by a civil or criminal 
                court for the purpose of preventing violent or 
                threatening acts or harassment against, sexual 
                violence or contact or communication with or 
                physical proximity to, another person, 
                including any temporary or final orders issued 
                by civil or criminal courts whether obtained by 
                filing an independent action or as a pendente 
                lite order in another proceeding so long as any 
                civil order was issued in response to a 
                complaint, petition, or motion filed by or on 
                behalf of a person seeking protection; and
                    (B) any support, child custody or 
                visitation provisions, orders, remedies, or 
                relief issued as part of a protection order, 
                restraining order, or stay away injunction 
                pursuant to State, tribal, territorial, or 
                local law authorizing the issuance of 
                protection orders, restraining orders, or 
                injunctions for the protection of victims of 
                domestic violence, dating violence, sexual 
                assault, or stalking.
            (19) Rural area and rural community.--The terms 
        ``rural area'' and ``rural community'' mean--
                    (A) any area or community, respectively, no 
                part of which is within an area designated as a 
                standard metropolitan statistical area by the 
                Office of Management and Budget; or
                    (B) any area or community, respectively, 
                that is--
                            (i) within an area designated as a 
                        metropolitan statistical area or 
                        considered as part of a metropolitan 
                        statistical area; and
                            (ii) located in a rural census 
                        tract.
            (20) Rural state.--The term ``rural State'' means a 
        State that has a population density of 52 or fewer 
        persons per square mile or a State in which the largest 
        county has fewer than 150,000 people, based on the most 
        recent decennial census.
            (21) Sexual assault.--The term ``sexual assault'' 
        means any conduct prescribed by chapter 109A of title 
        18, United States Code, whether or not the conduct 
        occurs in the special maritime and territorial 
        jurisdiction of the United States or in a Federal 
        prison and includes both assaults committed by 
        offenders who are strangers to the victim and assaults 
        committed by offenders who are known or related by 
        blood or marriage to the victim.
            (22) Stalking.--The term ``stalking'' means 
        engaging in a course of conduct directed at a specific 
        person that would cause a reasonable person to--
                    (A) fear for his or her safety or the 
                safety of others; or
                    (B) suffer substantial emotional distress.
            (23) State.--The term ``State'' means each of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, and except as otherwise 
        provided, Guam, American Samoa, the Virgin Islands, and 
        the Northern Mariana Islands.
            (24) State domestic violence coalition.--The term 
        ``State domestic violence coalition'' means a program 
        determined by the Administration for Children and 
        Families under the Family Violence Prevention and 
        Services Act (42 U.S.C. 10410(b)).
            (25) State sexual assault coalition.--The term 
        ``State sexual assault coalition'' means a program 
        determined by the Center for Injury Prevention and 
        Control of the Centers for Disease Control and 
        Prevention under the Public Health Service Act (42 
        U.S.C. 280b et seq.).
            (26) Territorial domestic violence or sexual 
        assault coalition.--The term ``territorial domestic 
        violence or sexual assault coalition'' means a program 
        addressing domestic violence that is--
                    (A) an established nonprofit, 
                nongovernmental territorial coalition 
                addressing domestic violence or sexual assault 
                within the territory; or
                    (B) a nongovernmental organization with a 
                demonstrated history of addressing domestic 
                violence or sexual assault within the territory 
                that proposes to incorporate as a nonprofit, 
                nongovernmental territorial coalition.
            (27) Tribal coalition.--The term ``tribal 
        coalition'' means--
                    (A) an established nonprofit, 
                nongovernmental tribal coalition addressing 
                domestic violence and sexual assault against 
                American Indian and Alaskan Native women; or
                    (B) individuals or organizations that 
                propose to incorporate as nonprofit, 
                nongovernmental tribal coalitions to address 
                domestic violence and sexual assault against 
                American Indian and Alaskan Native women.
            (28) Tribal government.--The term ``tribal 
        government'' means--
                    (A) the governing body of an Indian tribe; 
                or
                    (B) a tribe, band, pueblo, nation, or other 
                organized group or community of Indians, 
                including any Alaska Native village or regional 
                or village corporation (as defined in, or 
                established pursuant to, the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1601 et 
                seq.)), that is recognized as eligible for the 
                special programs and services provided by the 
                United States to Indians because of their 
                status as Indians.
            (29) Tribal organization.--The term ``tribal 
        organization'' means--
                    (A) the governing body of any Indian tribe;
                    (B) any legally established organization of 
                Indians which is controlled, sanctioned, or 
                chartered by such governing body of a tribe or 
                tribes to be served, or which is democratically 
                elected by the adult members of the Indian 
                community to be served by such organization and 
                which includes the maximum participation of 
                Indians in all phases of its activities; or
                    (C) any tribal nonprofit organization.
            (30) Underserved populations.--The term 
        ``underserved populations'' includes populations 
        underserved because of geographic location, underserved 
        racial and ethnic populations, populations underserved 
        because of special needs (such as language barriers, 
        disabilities, alienage status, or age), and any other 
        population determined to be underserved by the Attorney 
        General.
            (31) Victim advocate.--The term ``victim advocate'' 
        means a person, whether paid or serving as a volunteer, 
        who provides services to victims of domestic violence, 
        sexual assault, stalking, or dating violence under the 
        auspices or supervision of a victim services program.
            (32) Victim assistant.--The term ``victim 
        assistant'' means a person, whether paid or serving as 
        a volunteer, who provides services to victims of 
        domestic violence, sexual assault, stalking, or dating 
        violence under the auspices or supervision of a court 
        or a law enforcement or prosecution agency.
            (33) Victim services or victim service provider.--
        The term ``victim services'' or ``victim service 
        provider'' means a nonprofit, nongovernmental 
        organization that assists domestic violence, dating 
        violence, sexual assault, or stalking victims, 
        including rape crisis centers, domestic violence 
        shelters, faith-based organizations, and other 
        organizations, with a documented history of effective 
        work, or a demonstrated capacity to work effectively in 
        collaboration with an organization with a documented 
        history of effective work, concerning domestic 
        violence, dating violence, sexual assault, or stalking.
            (34) Youth.--The term ``youth'' means teen and 
        young adult victims of domestic violence, dating 
        violence, sexual assault, or stalking.
    (b) Violence Against Women Provision.--In this section, the 
term ``violence against women provision'' means any provision 
required by law to be carried out by or through the Violence 
Against Women Office.

SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT PROGRAM CARRIED OUT BY 
                    VIOLENCE AGAINST WOMEN OFFICE.

    (a) In General.--In carrying out grants under this part, 
and in carrying out grants under any other violence against 
women grant program, the Director of the Violence Against Women 
Office shall ensure each of the following:
            (1) Nondisclosure of confidential or private 
        information.--
                    (A) In general.--In order to ensure the 
                safety of adult, youth, and minor victims of 
                domestic violence, dating violence, sexual 
                assault, or stalking, and their families, each 
                grantee and subgrantee shall reasonably protect 
                the confidentiality and privacy of persons 
                receiving services.
                    (B) Nondisclosure.--Subject to subparagraph 
                (C), grantees and subgrantees shall not--
                            (i) disclose any personally 
                        identifying information or individual 
                        information collected in connection 
                        with services requested, utilized, or 
                        denied through grantees' and 
                        subgrantees' programs; or
                            (ii) reveal individual client 
                        information without the informed, 
                        written, reasonably time-limited 
                        consent of the person (or in the case 
                        of an unemancipated minor, the minor 
                        and the parent or guardian or in the 
                        case of persons with disabilities, the 
                        guardian) about whom information is 
                        sought, whether for this program or any 
                        other Federal, State, tribal, or 
                        territorial grant program.
                    (C) Release.--If release of information 
                described in subparagraph (B) is compelled by 
                statutory or court mandate or is requested by a 
                Member of Congress--
                            (i) grantees and subgrantees shall 
                        make reasonable attempts to provide 
                        notice to victims affected by the 
                        disclosure of information; and
                            (ii) grantees and subgrantees shall 
                        take steps necessary to protect the 
                        privacy and safety of the persons 
                        affected by the release of the 
                        information.
                    (D) Information sharing.--Grantees and 
                subgrantees may share--
                            (i) nonpersonally identifying data 
                        in the aggregate regarding services to 
                        their clients and nonpersonally 
                        identifying demographic information in 
                        order to comply with Federal, State, 
                        tribal, or territorial reporting, 
                        evaluation, or data collection 
                        requirements; and
                            (ii) court-generated information 
                        and law-enforcement generated 
                        information contained in secure, 
                        governmental registries for 
                        investigation, prosecution, and 
                        enforcement purposes.
            (2) Approved activities.--In carrying out 
        activities under the grant program, grantees and 
        subgrantees may collaborate with and provide 
        information to Federal, State, local, tribal, and 
        territorial public officials and agencies to develop 
        and implement policies to reduce or eliminate domestic 
        violence, dating violence, sexual assault, and 
        stalking.
            (3) Non-supplantation.--Any Federal funds received 
        under the grant program shall be used to supplement, 
        not supplant, non-Federal funds that would otherwise be 
        available for the activities carried out under the 
        grant.
            (4) Use of funds.--Funds authorized and 
        appropriated under the grant program may be used only 
        for the specific purposes described in the grant 
        program and shall remain available until expended.
            (5) Evaluation.--Grantees must collect data for use 
        to evaluate the effectiveness of the program (or for 
        use to carry out related research), pursuant to the 
        requirements described in paragraph (1)(D).
            (6) Prohibition on lobbying.--Any funds 
        appropriated for the grant program shall be subject to 
        the prohibition in section 1913 of title 18, United 
        States Code, relating to lobbying with appropriated 
        moneys.
            (7) Prohibition on tort litigation.--Funds 
        appropriated for the grant program may not be used to 
        fund civil representation in a lawsuit based on a tort 
        claim. This paragraph shall not be construed as a 
        prohibition on providing assistance to obtain 
        restitution in a protection order or criminal case.
    (b) Violence Against Women Grant Program.--In this section, 
the term ``violence against women grant program'' means any 
grant program required by law to be carried out by or through 
the Violence Against Women Office.

SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.

    (a) * * *
    (b) Purposes for Which Grants May Be Used.--Grants under 
this part shall provide personnel, training, technical 
assistance, data collection and other equipment for the more 
widespread apprehension, prosecution, and adjudication of 
persons committing violent crimes against women[, and 
specifically, for the purposes of--] to develop and strengthen 
victim services in cases involving violent crimes against 
women, including collaborating with and informing public 
officials and agencies in order to develop and implement 
policies to reduce or eliminate domestic violence, dating 
violence, sexual assault, and stalking, and specifically only 
for the purposes of--
            (1) * * *

           *       *       *       *       *       *       *

            (5) developing, enlarging, or strengthening victim 
        services programs, including sexual assault and 
        domestic violence programs, developing or improving 
        delivery of victim services to underserved populations, 
        providing specialized domestic violence court advocates 
        in courts where a significant number of protection 
        orders are granted, supporting nonprofit 
        nongovernmental victim services programs and tribal 
        organizations in working with public officials and 
        agencies to develop and implement policies, rules, and 
        procedures in order to reduce or eliminate domestic 
        violence, dating violence, sexual assault, and 
        stalking, and increasing reporting and reducing 
        attrition rates for cases involving violent crimes 
        against women, including crimes of sexual assault, 
        domestic violence, and dating violence;

           *       *       *       *       *       *       *

            (10) developing, enlarging, or strengthening 
        programs to assist law enforcement, prosecutors, 
        courts, and others to address the needs and 
        circumstances of older and disabled women who are 
        victims of domestic violence or sexual assault, 
        including recognizing, investigating, and prosecuting 
        instances of such violence or assault and targeting 
        outreach and support, counseling, and other victim 
        services to such older and disabled individuals; [and]

           *       *       *       *       *       *       *

            (12) maintaining core victim services and criminal 
        justice initiatives, while supporting complementary new 
        initiatives and emergency services for victims and 
        their families; and
            (13) supporting the placement of special victim 
        assistants (to be known as ``Jessica Gonzales Victim 
        Assistants'') in local law enforcement agencies to 
        serve as liaisons between victims of domestic violence, 
        dating violence, sexual assault, and stalking and 
        personnel in local law enforcement agencies in order to 
        improve the enforcement of protection orders. Jessica 
        Gonzales Victim Assistants shall have expertise in 
        domestic violence, dating violence, sexual assault, or 
        stalking and may undertake the following activities--
                    (A) developing, in collaboration with 
                prosecutors, courts, and victim service 
                providers, standardized response policies for 
                local law enforcement agencies, including 
                triage protocols to ensure that dangerous or 
                potentially lethal cases are identified and 
                prioritized;
                    (B) notifying persons seeking enforcement 
                of protection orders as to what responses will 
                be provided by the relevant law enforcement 
                agency;
                    (C) referring persons seeking enforcement 
                of protection orders to supplementary services 
                (such as emergency shelter programs, hotlines, 
                or legal assistance services); and
                    (D) taking other appropriate action to 
                assist or secure the safety of the person 
                seeking enforcement of a protection order.

           *       *       *       *       *       *       *

    (e) Use of Funds.--Funds appropriated for grants under this 
part may be used only for the specific programs and activities 
expressly described in this part.

           *       *       *       *       *       *       *


SEC. 2007. STATE GRANTS.

    (a) General Grants.--The Attorney General may make grants 
[to States, for use by States, State and local courts 
(including juvenile courts), units of local government, 
nonprofit nongovernmental victim services programs, and Indian 
tribal governments] for the purposes described in section 
2001(b).
    (b) Amounts.--Of the amounts appropriated for the purposes 
of this part--
            (1) [5] 10 percent shall be available for grants to 
        Indian tribal governments;
            (2) 2.5 percent shall be available for grants for 
        State domestic violence coalitions under section 
        2001(c), with the coalition for each State, the 
        coalition for the District of Columbia, the coalition 
        for the Commonwealth of Puerto Rico, and the coalition 
        for the combined Territories of the United States, each 
        receiving an amount equal to [\1/54\] \1/56\ of the 
        total amount made available under this paragraph for 
        each fiscal year;
            (3) 2.5 percent shall be available for grants for 
        State sexual assault coalitions under section 2001(c), 
        with the coalition for each State, the coalition for 
        the District of Columbia, the coalition for the 
        Commonwealth of Puerto Rico, [and the coalition for the 
        combined Territories of the United States, each 
        receiving an amount equal to \1/54\] Guam, American 
        Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands, each 
        receiving an amount equal to \1/56\ of the total amount 
        made available under this paragraph for each fiscal 
        year;
            (4) [\1/54\] \1/56\ shall be available for grants 
        under section 2001(d);
            (5) $600,000 shall be available for grants to 
        applicants in each State; [and]
            (6) the remaining funds shall be available for 
        grants to applicants in each State in an amount that 
        bears the same ratio to the amount of remaining funds 
        as the population of the State bears to the population 
        of all of the States that results from a distribution 
        among the States on the basis of each State's 
        population in relation to the population of all States 
        (not including populations of Indian tribes)[.]; and
            (7) such funds shall remain available until 
        expended.
    (c) Qualification.--Upon satisfying the terms of subsection 
(d), any State shall be qualified for funds provided under this 
part upon certification that--
            (1) * * *
            (2) grantees and subgrantees shall develop a plan 
        for implementation and shall consult and coordinate 
        with nonprofit, nongovernmental victim services 
        programs, including sexual assault and domestic 
        violence victim services programs and describe how the 
        State will address the needs of racial and ethnic 
        minorities and other underserved populations;
            (3) of the amount granted--
                    (A) not less than 25 percent shall be 
                allocated to [police] law enforcement and not 
                less than 25 percent shall be allocated to 
                prosecutors;
                    (B) not less than 30 percent shall be 
                allocated to victim services, of which at least 
                10 percent shall be distributed to culturally 
                specific community-based organizations; and

           *       *       *       *       *       *       *

    (d) Application Requirements.--The application requirements 
provided in section 513 shall apply to grants made under this 
part. In addition, each application submitted by a State shall 
include the certifications of qualification required by 
subsection (c), including documentation from nonprofit, 
nongovernmental victim services programs, describing their 
participation in developing the plan required by subsection 
(c)(2). [An application] In addition, each application 
submitted by a State or tribal government shall include--
            (1) * * *
            (2) proof of compliance with the requirements for 
        the payment of forensic medical exams provided in 
        section 2010; [and]
            (3) proof of compliance with the requirements for 
        paying filing and service fees for domestic violence 
        cases provided in section 2011[.]; and
            (4) a memorandum of understanding showing that 
        tribal, territorial, State, or local prosecution, law 
        enforcement, and court and victim service provider 
        subgrantees have consulted with tribal, territorial, 
        State, or local victim services programs during the 
        course of developing their grant applications in order 
        to ensure that proposed services, activities and 
        equipment acquisitions are designed to promote the 
        safety, confidentiality, and economic independence of 
        victims of domestic violence, sexual assault, stalking, 
        and dating violence.
    (e) Disbursement.--
            (1) * * *
            (2) Regulations.--In disbursing monies under this 
        part, the Attorney General shall issue regulations to 
        ensure that States will--
                    (A) * * *

           *       *       *       *       *       *       *

                    [(D) recognize and address the needs of 
                underserved populations.]
                    (D) recognize and meaningfully respond to 
                the needs of racial and ethnic and other 
                underserved populations and ensure that monies 
                set aside to fund services and activities for 
                racial and ethnic and other underserved 
                populations are distributed equitably among 
                those populations.

           *       *       *       *       *       *       *

    (i) Training, Technical Assistance, and Data Collection.--
            (1) In general.--Of the total amounts appropriated 
        under this part, not less than 3 percent and up to 8 
        percent shall be available for providing training, 
        technical assistance, and data collection relating to 
        the purpose areas of this part to improve the capacity 
        of grantees, subgrantees, and other entities to offer 
        services and assistance to victims of domestic 
        violence, sexual assault, stalking, and dating 
        violence.
            (2) Indian training.--The Director of the Violence 
        Against Women Office shall ensure that training, 
        technical assistance, and data collection regarding 
        violence against Indian women will be developed and 
        provided by entities having expertise in tribal law and 
        culture.
    (j) Limits on Internet Publication of Registration 
Information.--As a condition of receiving grant amounts under 
this part, the recipient shall not make available publicly on 
the Internet any information regarding the registration or 
filing of a protection order, restraining order, or injunction 
in either the issuing or enforcing State, tribal, or 
territorial jurisdiction, if such publication would be likely 
to publicly reveal the identity or location of the party 
protected under such order. A State, Indian tribe, or territory 
may share court-generated law enforcement generated information 
contained in secure, governmental registries for protection 
order enforcement purposes.

           *       *       *       *       *       *       *


SEC. 2009. GENERAL TERMS AND CONDITIONS.

    (a) * * *
    (b) Reporting.--[Not later than 180 days after the end of 
each fiscal year for which grants are made under this part, the 
Attorney General shall submit] Not later than one month after 
the end of each even-numbered fiscal year, the Attorney General 
shall submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate a report that includes, for each State and for each 
grantee Indian tribe--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 2010. RAPE EXAM PAYMENTS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Use of Funds.--A State or Indian tribal government may 
use Federal grant funds under this part to pay for forensic 
medical exams performed by trained examiners for victims of 
sexual assault, except that such funds may not be used to pay 
for forensic medical exams by any State or Indian tribal 
government that requires victims of sexual assault to seek 
reimbursement for such exams from their insurance carriers.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to permit a State to require a victim of sexual 
assault to participate in the criminal justice system or 
cooperate with law enforcement in order to be provided with a 
forensic medical exam, reimbursement for charges incurred on 
account of such an exam, or both.

           *       *       *       *       *       *       *


SEC. 2012. POLYGRAPH TESTING PROHIBITION.

    In order to be eligible for grants under this part, a 
State, Indian tribal government, or unit of local government 
must certify within three years of enactment of the Violence 
Against Women Reauthorization Act of 2005 that their laws, 
policies, or practices ensure that no law enforcement officer, 
prosecuting officer, or other government official shall ask or 
require an adult, youth, or minor victim of a sex offense as 
defined under Federal, tribal, State, territorial or local law 
to submit to a polygraph examination or similar truth-telling 
device or method as a condition for proceeding with the 
investigation, charging or prosecution of such an offense. A 
victim's refusal to submit to the aforementioned shall not 
prevent the investigation, charging or prosecution of the 
pending case.

SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN GRANTEES.

    No matching funds shall be required for a grant or subgrant 
made under this part, if made--
            (1) to a law enforcement agency having fewer than 
        20 officers;
            (2) to a victim service provider having an annual 
        operating budget of less than $5,000,000; or
            (3) to any entity that the Attorney General 
        determines has adequately demonstrated financial need.

SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM.

    (a) Purpose.--The purposes of this section are--
            (1) to assist States, Indian tribes, and 
        territories in providing intervention, advocacy, 
        accompaniment, support services, and related assistance 
        for--
                    (A) adult, youth, and minor victims of 
                sexual assault;
                    (B) family and household members of such 
                victims; and
                    (C) those collaterally affected by the 
                victimization except for the perpetrator of 
                such victimization; and
            (2) to provide training and technical assistance 
        to, and to support data collection relating to sexual 
        assault by--
                    (A) Federal, State, tribal, territorial, 
                and local governments, law enforcement 
                agencies, and courts;
                    (B) professionals working in legal, social 
                service, and health care settings;
                    (C) nonprofit organizations;
                    (D) faith-based organizations; and
                    (E) other individuals and organizations 
                seeking such assistance.
    (b) Grants to States, Territories and Tribal Entities.--
            (1) Grants authorized.--The Attorney General shall 
        award grants to States, territories and Indian tribes, 
        tribal organizations, and non-profit tribal 
        organizations within Indian country and Alaskan native 
        villages for the establishment, maintenance and 
        expansion of rape crisis centers or other programs and 
        projects to assist those victimized by sexual assault.
            (2) Special emphasis.--States, territories and 
        tribal entities will give special emphasis to the 
        support of community-based organizations with a 
        demonstrated history of providing intervention and 
        related assistance to victims of sexual assault.
    (c) Grants for Culturally Specific Programs Addressing 
Sexual Assault.--
            (1) Grants authorized.--The Attorney General shall 
        award grants to culturally specific community-based 
        organization that--
                    (A) is a private, nonprofit organization 
                that focuses primarily on racial and ethnic 
                communities;
                    (B) must have documented organizational 
                experience in the area of sexual assault 
                intervention or have entered into partnership 
                with an organization having such expertise;
                    (C) has expertise in the development of 
                community-based, linguistically and culturally 
                specific outreach and intervention services 
                relevant for the specific racial and ethnic 
                communities to whom assistance would be 
                provided or have the capacity to link to 
                existing services in the community tailored to 
                the needs of racial and ethnic populations; and
                    (D) has an advisory board or steering 
                committee and staffing which is reflective of 
                the targeted racial and ethnic community.
            (2) Award basis.--The Attorney General shall award 
        grants under this subsection on a competitive basis for 
        a period of no less than 3 fiscal years.
    (d) Services Authorized.--For grants under subsection (b) 
and (c) the following services and activities may include--
            (1) 24 hour hotline services providing crisis 
        intervention services and referrals;
            (2) accompaniment and advocacy through medical, 
        criminal justice, and social support systems, including 
        medical facilities, police, and court proceedings;
            (3) crisis intervention, short-term individual and 
        group support services, and comprehensive service 
        coordination, and supervision to assist sexual assault 
        victims and family or household members;
            (4) support mechanisms that are culturally relevant 
        to the community;
            (5) information and referral to assist the sexual 
        assault victim and family or household members;
            (6) community-based, linguistically and culturally-
        specific services including outreach activities for 
        racial and ethnic and other underserved populations and 
        linkages to existing services in these populations;
            (7) Collaborating with and informing public 
        officials and agencies in order to develop and 
        implement policies to reduce or eliminate sexual 
        assault;
            (8) the development and distribution of educational 
        materials on issues related to sexual assault and the 
        services described in clauses (A) through (G).
    (e) Grants to State, Territorial, and Tribal Sexual Assault 
Coalitions.--
            (1) Grants authorized.--
                    (A) In general.--The Attorney General shall 
                award grants to State, territorial and tribal 
                sexual assault coalitions to assist in 
                supporting the establishment, maintenance and 
                expansion of such coalitions as determined by 
                the National Center for Injury Prevention and 
                Control Office in collaboration with the 
                Violence Against Women Office of the Department 
                of Justice.
                    (B) First-time applicants.--No entity shall 
                be prohibited from submitting an application 
                under this subsection because such entity has 
                not previously applied or received funding 
                under this subsection.
    (f) Coalition Activities Authorized.--Grant Funds received 
under subsection (e) may be used to--
            (1) work with local sexual assault programs and 
        other providers of direct services to encourage 
        appropriate responses to sexual assault within the 
        State, territory, or Indian tribe;
            (2) work with judicial and law enforcement agencies 
        to encourage appropriate responses to sexual assault 
        cases;
            (3) work with courts, child protective services 
        agencies, and children's advocates to develop 
        appropriate responses to child custody and visitation 
        issues when sexual assault has been determined to be a 
        factor;
            (4) design and conduct public education campaigns;
            (5) plan and monitor the distribution and use of 
        grants and grant funds to their State, territory, or 
        Indian tribe; and
            (6) collaborate with and inform Federal, State, 
        Tribal, or local public officials and agencies to 
        develop and implement policies to reduce or eliminate 
        sexual assault.
    (g) Application.--
            (1) Each eligible entity desiring a grant under 
        subsections (c) and (e) shall submit an application to 
        the Attorney General at such time, in such manner and 
        containing such information as the Attorney General 
        determines to be essential to carry out the purposes of 
        this section.
            (2) Each eligible entity desiring a grant under 
        subsection (b) shall include--
                    (A) demonstration of meaningful involvement 
                of the State or territorial coalitions, or 
                Tribal coalition, where applicable, in the 
                development of the application and 
                implementation of the plans;
                    (B) a plan for an equitable distribution of 
                grants and grant funds within the State, 
                territory or tribal area and between urban and 
                rural areas within such State or territory;
                    (C) the State, territorial or Tribal entity 
                that is responsible for the administration of 
                grants; and
                    (D) any other information the Attorney 
                General reasonably determines to be necessary 
                to carry out the purposes and provisions of 
                this section.
    (h) Reporting.--
            (1) Each entity receiving a grant under subsection 
        (b), (c) and (e) shall submit a report to the Attorney 
        General that describes the activities carried out with 
        such grant funds.
    (i) Authorization of Appropriations.--
            (1) In general.--There is authorized to be 
        appropriated $55,000,000 for each of the fiscal years 
        2006 through 2010 to carry out this section. Any 
        amounts so appropriated shall remain available until 
        expended.
            (2) Allocations.--Of the total amount appropriated 
        for each fiscal year to carry out this section--
                    (A) not more than 2.5 percent shall be used 
                by the Attorney General for evaluation, 
                monitoring and administrative costs under this 
                section;
                    (B) not more than 2.5 percent shall be used 
                for the provision of technical assistance to 
                grantees and sub- grantees under this section, 
                except that in subsection (c) up to 5 percent 
                of funds appropriated under that subsection may 
                be available for technical assistance to be 
                provided by a national organization or 
                organizations whose primary purpose and 
                expertise is in sexual assault within racial 
                and ethnic communities;
                    (C) not less than 75 percent shall be used 
                for making grants to states and territories and 
                tribal entities under subsection (b) of which 
                not less than 10 percent of this amount shall 
                be allocated for grants to tribal entities. 
                State, territorial and tribal governmental 
                agencies shall use no more than 5% for 
                administrative costs;
                    (D) not less than 10 percent shall be used 
                for grants for culturally specific programs 
                addressing sexual assault under subsection (c); 
                and
                    (E) not less than 10 percent shall be used 
                for making grants to state, territorial and 
                tribal coalitions under subsection (e) of which 
                not less than 10 percent shall be allocated for 
                grants to tribal coalitions.
        The remaining funds shall be available for grants to 
        State and territorial coalitions, and the Attorney 
        General shall allocate an amount equal to 1/56 of the 
        amounts so appropriated to each of the several States, 
        the District of Columbia, and the territories.
            (3) Minimum amount.--Of the amount appropriated 
        under section (i)(2)(C), the Attorney General, not 
        including the set aside for tribal entities, shall 
        allocate not less than 1.50 percent to each State and 
        not less than 0.125 percent to each of the territories. 
        The remaining funds shall be allotted to each State and 
        each territory in an amount that bears the same ratio 
        to such remaining funds as the population of such State 
        bears to the population of the combined States, or for 
        territories, the population of the combined 
        territories.

SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE.

    (a) Grants Authorized.--The Attorney General may award 
grants to appropriate entities--
            (1) to provide services for victims of domestic 
        violence, abuse by caregivers, and sexual assault who 
        are 50 years of age or older;
            (2) to improve the physical accessibility of 
        existing buildings in which services are or will be 
        rendered for victims of domestic violence and sexual 
        assault who are 50 years of age or older;
            (3) to provide training, consultation, and 
        information on abuse by caregivers, domestic violence, 
        dating violence, stalking, and sexual assault against 
        individuals with disabilities (as defined in section 3 
        of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12102)), and to enhance direct services to such 
        individuals;
            (4) for training programs to assist law enforcement 
        officers, prosecutors, governmental agencies, victim 
        assistants, and relevant officers of Federal, State, 
        tribal, territorial, and local courts in recognizing, 
        addressing, investigating, and prosecuting instances of 
        adult, youth, or minor domestic violence, dating 
        violence, sexual assault, stalking, elder abuse, and 
        violence against individuals with disabilities, 
        including domestic violence and sexual assault, against 
        older or disabled individuals; and
            (5) for multidisciplinary collaborative community 
        responses to victims.
    (b) Use of Funds.--Grant funds under this section may be 
used--
            (1) to implement or expand programs or services to 
        respond to the needs of persons 50 years of age or 
        older who are victims of domestic violence, dating 
        violence, sexual assault, stalking, or elder abuse;
            (2) to provide personnel, training, technical 
        assistance, data collection, advocacy, intervention, 
        risk reduction and prevention of domestic violence, 
        dating violence, stalking, and sexual assault against 
        disabled individuals;
            (3) to conduct outreach activities to ensure that 
        disabled individuals who are victims of domestic 
        violence, dating violence, stalking, or sexual assault 
        receive appropriate assistance;
            (4) to conduct cross-training for victim service 
        organizations, governmental agencies, and nonprofit, 
        nongovernmental organizations serving individuals with 
        disabilities; about risk reduction, intervention, 
        prevention and the nature of dynamic of domestic 
        violence, dating violence, stalking, and sexual assault 
        for disabled individuals;
            (5) to provide training, technical assistance, and 
        data collection to assist with modifications to 
        existing policies, protocols, and procedures to ensure 
        equal access to the services, programs, and activities 
        of victim service organizations for disabled 
        individuals;
            (6) to provide training, technical assistance, and 
        data collection on the requirements of shelters and 
        victim services organizations under Federal 
        antidiscrimination laws, including--
                    (A) the Americans with Disabilities Act of 
                1990; and
                    (B) section 504 of the Rehabilitation Act 
                of 1973;
            (7) to purchase equipment, and provide personnel so 
        that shelters and victim service organizations can 
        accommodate the needs of disabled individuals;
            (8) to provide advocacy and intervention services 
        for disabled individuals who are victims of domestic 
        violence, dating violence, stalking, or sexual assault 
        through collaborative partnerships between--
                    (A) nonprofit, nongovernmental agencies;
                    (B) governmental agencies serving 
                individuals with disabilities; and
                    (C) victim service organizations; or
            (9) to develop model programs providing advocacy 
        and intervention services within organizations serving 
        disabled individuals who are victims of domestic 
        violence, dating violence, sexual assault, or stalking.
    (c) Eligible Entities.--
            (1) In general.--An entity shall be eligible to 
        receive a grant under this section if the entity is--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a nonprofit, nongovernmental 
                organization such as a victim services 
                organization, an organization serving 
                individuals with disabilities or a community-
                based organization; and
                    (D) a religious organization.
            (2) Limitation.--A grant awarded for the purposes 
        described in subsection (b) (9) shall be awarded only 
        to an eligible agency (as defined in section 410 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 796f--5)).
    (d) Application.--An eligible entity desiring a grant under 
this section shall submit an application to the Attorney 
General at such time, in such manner, and containing such 
information as the Attorney General may require.
    (e) Reporting.--Not later than 1 year after the last day of 
the first fiscal year commencing on or after the date of 
enactment of this Act, and not later than 180 days after the 
last day of each fiscal year thereafter, the Attorney General 
shall submit to Congress a report evaluating the effectiveness 
of programs administered and operated pursuant to this section.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated $20,500,000 for each of the fiscal years 
2006 through 2010 to carry out this section.

SEC. 2016. TRIBAL DIVISION.

    (a) In General.--The Director of the Office on Violence 
Against Women shall designate one or more employees, each of 
whom shall have demonstrated expertise in tribal law and 
practice regarding domestic violence, dating violence, sexual 
assault, and stalking against members of Indian tribes, to be 
responsible for--
            (1) overseeing and managing the administration of 
        grants to and contracts with Indian tribes, tribal 
        courts, tribal organizations, tribal nonprofit 
        organizations and the territories;
            (2) ensuring that, if a grant or a contract 
        pursuant to such a grant is made to an organization to 
        perform services that benefit more than one Indian 
        tribe, the approval of each Indian tribe to be 
        benefited shall be a prerequisite to the making of the 
        grant or letting of the contract;
            (3) assisting in the development of Federal policy, 
        protocols, and guidelines on matters relating to 
        domestic violence, dating violence, sexual assault, and 
        stalking against members of Indian tribes;
            (4) advising the Director of the Office on Violence 
        Against Women concerning policies, legislation, 
        implementation of laws, and other issues relating to 
        domestic violence, dating violence, sexual assault, and 
        stalking against members of Indian tribes;
            (5) representing the Office on Violence Against 
        Women in the annual consultations under section 1002 of 
        the Violence Against Women Reauthorization Act of 2005;
            (6) providing assistance to the Department of 
        Justice to develop policy and to enforce Federal law 
        relating to domestic violence, dating violence, sexual 
        assault, and stalking against members of Indian tribes;
            (7) maintaining a liaison with the judicial 
        branches of Federal, State and tribal governments on 
        matters relating to domestic violence, dating violence, 
        sexual assault, and stalking against members of Indian 
        tribes; and
            (8) ensuring that adequate tribal training, 
        technical assistance, and data collection is made 
        available to Indian tribes, tribal courts, tribal 
        organizations, and tribal nonprofit organizations for 
        all programs relating to domestic violence, dating 
        violence, sexual assault, and stalking against members 
        of Indian tribes.
    (b) Authority.--
            (1) In general.--The Director shall ensure that a 
        portion of the tribal set-aside funds from any grant 
        awarded under the Violence Against Women Act of 1994 
        (title IV of Public Law 103-322) or the Violence 
        Against Women Act of 2000 (division B of Public Law 
        106-386) is used to enhance the capacity of Indian 
        tribes to address the safety of members of Indian 
        tribes.
            (2) Accountability.--The Director shall ensure that 
        some portion of the tribal set-aside funds from any 
        grant made under this part is used to hold offenders 
        accountable through--
                    (A) enhancement to the response of Indian 
                tribes to crimes of domestic violence, dating 
                violence, sexual assault, and stalking against 
                Indian women, including legal services for 
                victims and Indian-specific offender programs;
                    (B) development and maintenance of tribal 
                domestic violence shelters or programs for 
                battered members of Indian tribes, including 
                sexual assault services, that are based upon 
                the unique circumstances of the members of 
                Indian tribes to be served;
                    (C) development of tribal educational 
                awareness programs and materials;
                    (D) support for customary tribal activities 
                to strengthen the intolerance of an Indian 
                tribe to violence against memberes of Indian 
                tribes; and
                    (E) development, implementation, and 
                maintenance of tribal electronic databases for 
                tribal protection order registries.

SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS PROGRAM.

    (a) Establishment.--
            (1) In general.--Of the amounts set aside for 
        Indian tribes and tribal organizations in a program 
        referred to in paragraph (2), the Attorney General, 
        through the Director of the Office of Violence Against 
        Women (referred to in this section as the 
        ``Director''), shall take such setasides and combine 
        them to establish the Safety for Indian Women Formula 
        Grants Program, a single formula grant program to 
        enhance the response of Indian tribal governments to 
        address domestic violence, sexual assault, dating 
        violence, and stalking. Grants made under this program 
        shall be administered by the Tribal Division of the 
        Office on Violence Against Women.
            (2) Programs covered.--The programs covered by 
        paragraph (1) are the programs carried out under the 
        following provisions:
                    (A) Section 2007 (42 U.S.C. 3796gg-1), 
                Grants to Combat Violent Crimes Against Women.
                    (B) Section 2101 (42 U.S.C. 3796hh), Grants 
                to Encourage Arrest Policies.
                    (C) Section 1201 of the Violence Against 
                Women Act of 2000 (42 U.S.C. 3796gg-6), Legal 
                Assistance for Vicitms.
                    (D) Section 1301 of the Violence Against 
                Women Act of 2000 (42 U.S.C. 10420), Safe 
                Havens for Children Pilot Program.
                    (E) Section 40295 of the Violence Against 
                Women Act of 1994 (42 U.S.C. 13971), Rural 
                Domestic Violence and Child Abuser Enforcement 
                Assistance.
                    (F) Section 41002 of the Violence Against 
                Women Act of 1994, Grants for Court Training 
                and Improvements.
                    (G) Section 2014(b) Sexual Assault Services 
                Program, Grants to States, Territories and 
                Indian Tribes.
                    (H) Title VII, section 41201, Grants for 
                Training and Collaboration on the Intersection 
                Between Domestic Violence and Child 
                Maltreatment. Section 41202, Services to 
                Advocate For and Respond to Teens.
                    (I) Section 704, Grants to Combat Domestic 
                Violence, Dating Violence, Sexual Assault, and 
                Stalking In Middle And High Schools.
    (b) Purpose of Program and Grants.--
            (1) General program purpose.--The purpose of the 
        program required by this section is to assist Indian 
        tribal governments to develop and enhance effective 
        governmental strategies to curtail violent crimes 
        against and increase the safety of members of Indian 
        tribes consistent with tribal law and custom, 
        specifically the following:
                    (A) To increase tribal capacity to respond 
                to domestic violence, dating violence, sexual 
                assault, and stalking crimes against members of 
                Indian tribes.
                    (B) To strengthen tribal justice 
                interventions including tribal law enforcement, 
                prosecution, courts, probation, correctional 
                facilities; and enhance services to members of 
                Indian tribes victimized by domestic violence, 
                dating violence, sexual assault, and stalking.
            (2) Purposes for which grants may be used.--The 
        Director may make grants to Indian tribes for the 
        purpose of enhancing participating tribes' capacity to 
        address the safety of members of Indian tribes. Each 
        participating tribe shall exercise its right of self-
        determination and self-governance in allocating and 
        using funds made available under the program. Each 
        participating tribe may use funds under the program to 
        support its specific tribally based response to 
        increasing the safety of members of Indian tribes. 
        Grants under the program shall support the governmental 
        efforts identified by the Indian tribe required 
        according to its distinctive ways of life to increase 
        the safety of members of Indian tribes from crimes of 
        sexual assault, domestic violence, dating violence, 
        stalking, kidnapping, and murder.
    (c) Disbursement.--Not later than 120 days after the 
receipt of an application under this section, the Attorney 
General, through the Director, shall--
            (1) disburse the appropriate sums provided for 
        under this section; or
            (2) inform the Indian tribe why the application 
        does not conform to the terms of the application 
        requirements.
    (d) Required Procedures.--
            (1) Deadline to provide notice.--No later than 60 
        days after receiving an appropriation of funds 
        supporting the program required by this section, 
        Director shall--
                    (A) publish in the Federal Register 
                notification of--
                            (i) the availability of those funds 
                        to Indian tribes;
                            (ii) the total amount of funds 
                        available; and
                            (iii) the process by which tribes 
                        may participate in the program; and
                    (B) mail each Indian tribe a notification 
                of the matters required by subparagraph (A), 
                together with instructions on the process, 
                copies of application forms, and a notification 
                of the deadline for submission of an 
                application.
            (2) Deadline to make funds available.--No later 
        than 180 days after receiving an appropriation referred 
        to in paragraph (1), the Director shall distribute and 
        make accessible those funds to Indian tribes opting to 
        participate in the program.
            (3) Formula.--The Director shall distribute those 
        funds according to the following formula: --
                    (A) 60 percent of the available funds shall 
                be allocated equally to all Indian tribes who 
                exercise the option to access the funds,
                    (B) The remaining 40 percent shall be 
                allocated to the same Indian tribes on a per 
                capita basis, according to the population 
                residing in the respective Indian tribe's 
                service area.
            (4) Set-aside.--No later than 120 days after 
        receiving an appropriation referred to in paragraph 
        (1), the Director shall set aside not less than 5 
        percent and up to 7 percent of the total amount of 
        those funds for the purpose of entering into a 
        cooperative agreement or contract with one or more 
        tribal organizations with demonstrated expertise in 
        providing training and technical assistance to Indian 
        tribes in addressing domestic violence, dating 
        violence, sexual assault, and stalking against members 
        of Indian tribes, tribal law, and customary pratices. 
        At least one of the cooperative agreements or contracts 
        shall be entered into with a single tribal organization 
        to provide comprehensive technical assistance to 
        participating tribal governments. Such training and 
        technical assistance shall be specifically designed to 
        address the unique legal unique legal status, distinct 
        cultural ways of life, and geographic circumstances of 
        the Indian tribes receiving funds under the program.
    (e) Recipient Requirements.--
            (1) In general.--Indian tribes may receive funds 
        under the program required by this section as 
        individual tribes or as a consortium of tribes.
            (2) Subgrants and other arrangements.--
        Participating tribes may make subgrants or enter into 
        contracts or cooperative agreements with the funds 
        under the program to enhance the safety of, and end 
        domestic violence, dating violence, sexual assault, and 
        stalking against, members of Indian tribes.
            (3) Set aside.--Participating tribes must set aside 
        no less than 50 percent of their total allocation under 
        this section for tribally specific domestic violence, 
        dating violence, sexual assault, or stalking victim 
        services and advocacy for members of Indian tribes. The 
        services supported with funds under the program must be 
        designed to address the unique circumstances of the 
        individuals to be served, including the customary 
        practices and linguistic needs of the individuals 
        within the tribal community to be served. Tribes shall 
        give preference to tribal organizations or tribal 
        nonprofit organizations providing advocacy services to 
        members of Indian tribes within the community to be 
        served such as a safety center or shelter program for 
        members of Indian tribes. In the case where the above 
        organizations do not exist within the participating 
        tribe, the participation and support from members of 
        Indian tribes in the community to be served is 
        sufficient to meet this requirement.
    (f) Administration Requirements.--
            (1) Application.--To reduce the administrative 
        burden for Indian tribes, the Director shall prepare an 
        expedited application process for Indian tribes 
        participating in the program required by this section. 
        The expedited process shall facilitate participating 
        tribes' submission of information--
                    (A) outlining project activities;
                    (B) describing how the project activities 
                will enhance the Indian tribe's response to 
                domestic violence, dating violence, sexual 
                assault, and stalking against members of Indian 
                tribes; and
                    (C) identifying the tribal partner 
                providing advocacy and related services for 
                members of Indian tribes who are victims of 
                crimes of domestic violence, dating violence, 
                sexual assault, and stalking.
            (2) Reporting and evaluation.--The Director shall 
        alleviate administrative burdens upon participating 
        Indian tribes by--
                    (A) developing a reporting and evaluation 
                process relevant to the distinct governance of 
                Indian tribes;
                    (B) requiring only essential data to be 
                collected; and
                    (C) limiting reporting to an annual basis.
            (3) Grant period.--The Director shall award grants 
        for a two-year period, with a possible extension of 
        another two years to implement projects under the 
        grant.
    (g) Presumption That Matching Funds not Required.--
            (1) In general.--Given the unique political 
        relationship between the United States and Indian 
        tribes differentiates tribes from other entities that 
        deal with or are affected by, the Federal Government, 
        the Director shall not require an Indian tribe to match 
        funds under this section, except as provided in 
        paragraph (2).
            (2) Exception.--If the Director determines that an 
        Indian tribe has adequate resources to comply with a 
        matching requirement that would otherwise apply but for 
        the operation of paragraph (1), the Director may waive 
        the operation of paragraph (1) for that tribe.
    (h) Evaluation.--The Director shall award a contract or 
cooperative agreement to evaluate programs under this section 
to an entity with the demonstrated expertise in domestic 
violence, dating violence, sexual assault, and stalking and 
knowledge and experience in--
            (1) the development and delivery of services to 
        members of Indian tribes who are victimized;
            (2) the development and implementation of tribal 
        governmental responses to such crimes; and
            (3) the traditional and customary practices of 
        Indian tribes to such crimes.

              PART U--GRANTS TO ENCOURAGE ARREST POLICIES

SEC. 2101. GRANTS.

    (a) Purpose.--The purpose of this part is to encourage 
States, Indian tribal governments, State and local courts 
(including juvenile courts), tribal courts, and units of local 
government [to treat domestic violence as a serious violation] 
to treat domestic violence, dating violence, sexual assault, 
and stalking as serious violations of criminal law.
    (b) Grant Authority.--The Attorney General may make grants 
to eligible States, Indian tribal governments, State, tribal, 
territorial, and local courts (including juvenile courts), or 
units of local government for the following purposes:
            (1) To implement [mandatory arrest or] proarrest 
        programs and policies in police departments, including 
        mandatory arrest programs and policies for protection 
        order violations.
            (2) To develop policies, educational programs, 
        protection order registries, and training in police 
        departments to improve tracking of cases involving 
        [domestic violence and dating violence.] domestic 
        violence, dating violence, sexual assault, and 
        stalking. Such policies, educational programs, 
        registries, and training shall incorporate 
        confidentiality and privacy protections for victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking.
            (3) To centralize and coordinate police 
        enforcement, prosecution, or judicial responsibility 
        for [domestic violence cases] domestic violence, dating 
        violence, sexual assault, and stalking cases in 
        [groups] teams or units of police officers, 
        prosecutors, parole and probation officers, or judges.

           *       *       *       *       *       *       *

            (5) To strengthen legal advocacy service programs 
        for victims of [domestic violence and dating violence] 
        domestic violence, dating violence, sexual assault, and 
        stalking, including strengthening assistance to such 
        victims in immigration matters.
            (6) To educate judges in criminal and [other] civil 
        courts (including juvenile courts) about domestic 
        violence, dating violence, sexual assault, and stalking 
        and to improve judicial handling of such cases.

           *       *       *       *       *       *       *

            (9) To enhance and support the capacity of victims 
        services programs to collaborate with and inform 
        efforts by State and local jurisdictions and public 
        officials and agencies to develop best practices and 
        policies regarding arrest of domestic violence, dating 
        violence, sexual assault, and stalking offenders and to 
        strengthen protection order enforcement and to reduce 
        or eliminate domestic violence, dating violence, sexual 
        assault, and stalking.
            (10) To develop State, tribal, territorial, or 
        local policies, procedures, and protocols for 
        preventing dual arrests and prosecutions in cases of 
        domestic violence, dating violence, sexual assault, and 
        stalking and to develop effective methods for 
        identifying the pattern and history of abuse that 
        indicates which party is the actual perpetrator of 
        abuse.
            (11) To plan, develop and establish comprehensive 
        victim service and support centers, such as family 
        justice centers, designed to bring together victim 
        advocates from non-profit, non-governmental victim 
        services organizations, law enforcement officers, 
        prosecutors, probation officers, governmental victim 
        assistants, forensic medical professionals, civil legal 
        attorneys, chaplains, legal advocates, representatives 
        from community-based organizations and other relevant 
        public or private agencies or organizations into one 
        centralized location, in order to improve safety, 
        access to services, and confidentiality for victims and 
        families.
            (12) To develop and implement policies and training 
        for police, prosecutors, and the judiciary in 
        recognizing, investigating, and prosecuting instances 
        of sexual assault, with an emphasis on recognizing the 
        threat to the community for repeat crime perpetration 
        by such individuals.
    (c) Eligibility.--Eligible grantees are States, Indian 
tribal governments State and local courts (including juvenile 
courts),, or units of local government that--
            (1) * * *

           *       *       *       *       *       *       *

            (3) certify that their laws, policies, or practices 
        prohibit issuance of mutual restraining orders of 
        protection except in cases where both spouses file a 
        claim and the court makes detailed findings of fact 
        indicating that both spouses acted primarily as 
        aggressors and that neither spouse acted primarily in 
        self-defense; [and]
            (4) certify that their laws, policies, and 
        practices do not require, in connection with the 
        prosecution of any misdemeanor or felony domestic 
        violence offense, or in connection with the filing, 
        issuance, registration, or service of a protection 
        order, or a petition for a protection order, to protect 
        a victim of domestic violence, stalking, or sexual 
        assault, that the victim bear the costs associated with 
        the filing of criminal charges against the offender, or 
        the costs associated with the filing, issuance, 
        registration, or service of a warrant, protection 
        order, petition for a protection order, or witness 
        subpoena, whether issued inside or outside the State, 
        tribal, or local jurisdiction[.]; and
            (5) certify within three years of enactment of the 
        Violence Against Women Reauthorization Act of 2005 that 
        their laws, policies, or practices ensure that--
                    (A) no law enforcement officer, prosecuting 
                officer or other government official shall ask 
                or require an adult, youth, or minor victim of 
                a sex offense as defined under Federal, tribal, 
                State, territorial, or local law to submit to a 
                polygraph examination or other truth telling 
                device as a condition for proceeding with the 
                investigation, charging or prosecution of such 
                an offense; and
                    (B) the refusal of a victim to submit to an 
                examination described in subparagraph (A) shall 
                not prevent the investigation, charging or 
                prosecution of the offense.
    [(d) Definition.--In this section, the term ``protection 
order'' has the meaning given the term in section 2266 of title 
18, United States Code.
    [(e) Allotment for Indian Tribes.--Not less than 5 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.]
    (d) Allotment for Indian Tribes.--Not less than 10 percent 
of the total amount made available for grants under this 
section for each fiscal year shall be available for grants to 
Indian tribal governments.

SEC. 2102. APPLICATIONS.

    (a) * * *
    (b) Priority.--In awarding grants under this part, the 
Attorney General shall give priority to applicants that--
            (1) do not currently provide for centralized 
        handling of cases involving domestic violence, dating 
        violence, sexual assault, or stalking by police, 
        prosecutors, and courts;
            (2) demonstrate a commitment to strong enforcement 
        of laws, and prosecution of cases, involving domestic 
        violence, dating violence, sexual assault, or stalking, 
        including the enforcement of protection orders from 
        other States and jurisdictions (including tribal 
        jurisdictions);

           *       *       *       *       *       *       *


SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.

    Of the total amounts appropriated under this part, not less 
than 5 percent and up to 8 percent shall be available for 
providing training, technical assistance, and data collection 
relating to the purpose areas of this part to improve the 
capacity of grantees, subgrantees, and other entities to offer 
services and assistance to victims of domestic violence and 
dating violence.

          [PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

[SEC. 2701. PROGRAM AUTHORIZED.

    [(a) In General.--The Attorney General is authorized to 
make grants to States, units of local government, and Indian 
tribes to provide improved security, including the placement 
and use of metal detectors and other deterrent measures, at 
schools and on school grounds.
    [(b) Uses of Funds.--Grants awarded under this section 
shall be distributed directly to the State, unit of local 
government, or Indian tribe, and shall be used to improve 
security at schools and on school grounds in the jurisdiction 
of the grantee through one or more of the following:
            [(1) Placement and use of metal detectors, locks, 
        lighting, and other deterrent measures.
            [(2) Security assessments.
            [(3) Security training of personnel and students.
            [(4) Coordination with local law enforcement.
            [(5) Any other measure that, in the determination 
        of the Attorney General, may provide a significant 
        improvement in security.
    [(c) Preferential Consideration.--In awarding grants under 
this part, the Attorney General shall give preferential 
consideration, if feasible, to an application from a 
jurisdiction that has a demonstrated need for improved 
security, has a demonstrated need for financial assistance, and 
has evidenced the ability to make the improvements for which 
the grant amounts are sought.
    [(d) Matching Funds.--
            [(1) The portion of the costs of a program provided 
        by a grant under subsection (a) may not exceed 50 
        percent.
            [(2) Any funds appropriated by Congress for the 
        activities of any agency of an Indian tribal government 
        or the Bureau of Indian Affairs performing law 
        enforcement functions on any Indian lands may be used 
        to provide the non-Federal share of a matching 
        requirement funded under this subsection.
            [(3) The Attorney General may provide, in the 
        guidelines implementing this section, for the 
        requirement of paragraph (1) to be waived or altered in 
        the case of a recipient with a financial need for such 
        a waiver or alteration.
    [(e) Equitable Distribution.--In awarding grants under this 
part, the Attorney General shall ensure, to the extent 
practicable, an equitable geographic distribution among the 
regions of the United States and among urban, suburban, and 
rural areas.
    [(f ) Administrative Costs.--The Attorney General may 
reserve not more than 2 percent from amounts appropriated to 
carry out this part for administrative costs.

[SEC. 2702. APPLICATIONS.

    [(a) In General.--To request a grant under this part, the 
chief executive of a State, unit of local government, or Indian 
tribe shall submit an application to the Attorney General at 
such time, in such manner, and accompanied by such information 
as the Attorney General may require. Each application shall--
            [(1) include a detailed explanation of--
                    [(A) the intended uses of funds provided 
                under the grant; and
                    [(B) how the activities funded under the 
                grant will meet the purpose of this part; and
            [(2) be accompanied by an assurance that the 
        application was prepared after consultation with 
        individuals not limited to law enforcement officers 
        (such as school violence researchers, child 
        psychologists, social workers, teachers, principals, 
        and other school personnel) to ensure that the 
        improvements to be funded under the grant are--
                    [(A) consistent with a comprehensive 
                approach to preventing school violence; and
                    [(B) individualized to the needs of each 
                school at which those improvements are to be 
                made.
    [(b) Guidelines.--Not later than 90 days after the date of 
the enactment of this part, the Attorney General shall 
promulgate guidelines to implement this section (including the 
information that must be included and the requirements that the 
States, units of local government, and Indian tribes must meet) 
in submitting the applications required under this section.

[SEC. 2703. ANNUAL REPORT TO CONGRESS.

    [Not later than November 30th of each year, the Attorney 
General shall submit a report to the Congress regarding the 
activities carried out under this part. Each such report shall 
include, for the preceding fiscal year, the number of grants 
funded under this part, the amount of funds provided under 
those grants, and the activities for which those funds were 
used.

[SEC. 2704. DEFINITIONS.

    [For purposes of this part--
            [(1) the term ``school'' means a public elementary 
        or secondary school;
            [(2) the term ``unit of local government'' means a 
        county, municipality, town, township, village, parish, 
        borough, or other unit of general government below the 
        State level; and
            [(3) the term ``Indian tribe'' has the same meaning 
        as in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)).

[SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
part $30,000,000 for each of fiscal years 2001 through 2003.]

           *       *       *       *       *       *       *


                          PART EE--DRUG COURTS

SEC. 2951. GRANT AUTHORITY.

    (a) In General.--The Attorney General may make grants to 
States, State courts, local courts, units of local government, 
and Indian tribal governments, acting directly or through 
agreements with other public or private entities, for adult 
drug courts, juvenile drug courts, family drug courts, and 
tribal drug courts that involve--
            (1) continuing judicial supervision over [offenders 
        with substance abuse problems] offenders, and other 
        individuals under the jurisdiction of the court, with 
        substance abuse problems who are not violent offenders;

           *       *       *       *       *       *       *


SEC. 2953. DEFINITION.

    (a) * * *
    (b) Definition for Purposes of Juvenile Drug Courts.--For 
purposes of juvenile drug courts, the term ``violent offender'' 
means a juvenile who has been convicted of, or adjudicated 
delinquent for, [an offense that] a felony-level offense that--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 2957. DISTRIBUTION AND ALLOCATION.

    (a) * * *
    [(b) Minimum Allocation.--Unless all eligible applications 
submitted by any State or unit of local government within such 
State for a grant under this part have been funded, such State, 
together with grantees within the State (other than Indian 
tribes), shall be allocated in each fiscal year under this part 
not less than 0.50 percent of the total amount appropriated in 
the fiscal year for grants pursuant to this part.]
    (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.

           *       *       *       *       *       *       *

                              ----------                              


                       ANTI CAR THEFT ACT OF 1992



           *       *       *       *       *       *       *
TITLE I--TOUGHER LAW ENFORCEMENT AGAINST AUTO THEFT

           *       *       *       *       *       *       *


                 [Subtitle B--Targeted Law Enforcement

[SEC. 130. GRANT AUTHORIZATION.

    [(a) Purpose.--The purpose of this subtitle is to 
supplement the provisions of the Edward Byrne Memorial State 
and Local Law Enforcement Assistance Program to help the States 
to curb motor vehicle thefts and the related violence.
    [(b) Grants.--The Director of the Bureau of Justice 
Assistance shall make grants to Anti Car Theft Committees 
submitting applications in compliance with the requirements of 
this subtitle.

[SEC. 131. APPLICATION.

    [(a) Submission.--To be eligible to receive a grant under 
this subtitle, a chief executive of an Anti Car Theft Committee 
shall submit an application to the Director of the Bureau of 
Justice Assistance.
    [(b) Content.--The application submitted under subsection 
(a) shall include the following:
            [(1) A statement that the applicant Anti Car Theft 
        Committee is either a State agency or an agency of a 
        unit of local government.
            [(2) A statement that the applicant Anti Car Theft 
        Committee is or will be financed in part (A) by a fee 
        on motor vehicles registered by the State or possessed 
        or insured within the State (and that such fee is not 
        less than $1 per vehicle), or (B) in the same manner 
        and to the same extent as is a similar program financed 
        and implemented in a State like Michigan.
            [(3) An assurance that Federal funds received under 
        a grant under this subtitle shall be used to supplement 
        and not supplant non-Federal funds that would otherwise 
        be available for activities funded under such grant.
            [(4) A statement that the resources of the 
        applicant Anti Car Theft Committee will be devoted 
        entirely to combating motor vehicle theft, including 
        any or all of the following:
                    [(A) Financing law enforcement officers or 
                investigators whose duties are entirely or 
                primarily related to investigating cases of 
                motor vehicle theft or of trafficking in stolen 
                motor vehicles or motor vehicle parts.
                    [(B) Financing prosecutors whose duties are 
                entirely or primarily related to prosecuting 
                cases of motor vehicle theft or of trafficking 
                in stolen motor vehicles or motor vehicle 
                parts.
                    [(C) Motor vehicle theft prevention 
                programs, including vehicle identification 
                number etching programs, programs implemented 
                by law enforcement agencies and designed to 
                enable the electronic tracking of stolen 
                automobiles, and programs designed to prevent 
                the export of stolen vehicles.
            [(5) A description of the budget for the applicant 
        Anti Car Theft Committee for the fiscal year for which 
        a grant is sought.

[SEC. 132. AWARD OF GRANTS.

    [(a) In General.--The Director shall allocate to each State 
a proportion of the total funds available under this subtitle 
that is equal to the proportion of the number of motor vehicles 
registered in such State to the total number of motor vehicles 
registered in the United States. The Director shall ensure that 
all applicant States have an opportunity to receive grants from 
an available appropriation. Any State that has not met the 
requirements described in section 203 of this Act shall be 
excluded from any allocation under this subsection.
    [(b) Grant Amounts.--If one Anti Car Theft Committee within 
a State submits an application in compliance with section 131, 
the Director shall award to such Anti Car Theft Committee a 
grant equal to the total amount of funds allocated to such 
State under this section. In no case shall the Anti Car Theft 
Committee receive a grant that is more than 50 percent of the 
preaward budget for such Anti Car Theft Committee.
    [(c) Multiple Committees.--If two or more Anti Car Theft 
Committees within a State submit applications in compliance 
with section 131, the Director shall award to such Anti Car 
Theft Committees grants that in sum are equal to the total 
amount of funds allocated to such State under this section. In 
no case shall an Anti Car Theft Committee receive a grant that 
is more than 50 percent of the preaward budget for such Anti 
Car Theft Committee. The Director shall allocate funds among 
two or more Anti Car Theft Committees with a State according to 
the proportion of the preaward budget of each Anti Car Theft 
Committee to the total preaward budget for all grant recipient 
Anti Car Theft Committees within such State.
    [(d) Renewal of Grants.--Subject to the availability of 
funds, a grant under this subtitle may be renewed for up to 2 
additional years after the first fiscal year during which the 
recipient receives an initial grant under this subtitle if the 
Director determines that the funds made available to the 
recipient during the previous year were used in the manner 
required under the approved application.

[SEC. 133. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated $10,000,000 to 
carry out this subtitle for each of the fiscal years 1993, 
1994, and 1995.]

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 102 OF THE CRIME INDENTIFICATION TECHNOLOGY ACT OF 1998

SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE IDENTIFICATION, 
                    INFORMATION, AND COMMUNICATION.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Assurances.--
            (1) * * *
            (2) Information sharing.--Such assurances shall 
        include a provision that ensures that a statewide 
        strategy for information sharing systems is underway, 
        or will be initiated, to improve the functioning of the 
        criminal justice system, with an emphasis on 
        integration of all criminal justice components, law 
        enforcement, courts, prosecution, corrections, and 
        probation and parole. The strategy shall be prepared 
        after consultation with State and local officials with 
        emphasis on the recommendation of officials whose duty 
        it is to oversee, plan, and implement integrated 
        information technology systems, and shall contain--
                    (A) * * *

           *       *       *       *       *       *       *

                    (G) a plan for coordinating the programs 
                funded under this title with other federally 
                funded information technology programs, 
                including directly funded local programs [such 
                as the Local Law Enforcement Block Grant 
                program (described under the heading ``Violent 
                Crime Reduction Programs, State and Local Law 
                Enforcement Assistance'' of the Departments of 
                Commerce, Justice, and State, the Judiciary, 
                and Related Agencies Appropriations Act, 1998 
                (Public Law 105-119)) and the M.O.R.E. program] 
                such as the Edward Byrne Justice Assistance 
                Grant Program and the M.O.R.E. program 
                established pursuant to part Q of title I of 
                the Omnibus Crime Control and Safe Streets Act 
                of 1968.

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 3 OF THE PUBLIC SAFETY OFFICER MEDAL OF VALOR ACT OF 2001

SEC. 3. MEDAL OF VALOR BOARD.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Duties.--The Board shall select candidates as 
recipients of the Medal of Valor from among those applications 
received by the National Medal of Valor Office. Not more often 
than once each year, the Board shall present to the Attorney 
General the name or names of those it recommends as Medal of 
Valor recipients. In a given year, the Board shall not be 
required to select any recipients but may not select [more than 
5 recipients] more than 5 individuals, or groups of 
individuals, as recipients. The Attorney General may in 
extraordinary cases increase the number of recipients in a 
given year. The Board shall set an annual timetable for 
fulfilling its duties under this Act.

           *       *       *       *       *       *       *

                              ----------                              


            SECTION 609M OF THE JUSTICE ASSISTANCE ACT 1984

    Sec. 609M. (a) * * *
    (b) An application for assistance under this section shall 
be submitted in writing by the chief executive officer of a 
State to the Attorney General, in a form prescribed by rules 
issued by the Attorney General. The Attorney General shall, 
after consultation with [the Director of the Office of Justice 
Assistance] the Assistant Attorney General for the Office of 
Justice Programs and appropriate members of the Federal law 
enforcement community, approve or disapprove such application 
not later than 10 days after receiving such application.

           *       *       *       *       *       *       *

                              ----------                              


                      VICTIMS OF CRIME ACT OF 1984

            CHAPTER XIV--VICTIM COMPENSATION AND ASSISTANCE

    Sec. 1401. This chapter may be cited as the ``Victims of 
Crime Act of 1984''.
                           crime victims fund
    Sec. 1402. (a) * * *
    (b) Except as limited by subsection (c), there shall be 
deposited in the Fund--
            (1) * * *
          * * * * * * *
            (5) any gifts, bequests, or donations to the Fund 
        from private entities or individuals[.], 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.

           *       *       *       *       *       *       *

    (d) The Fund shall be available as follows:
            (2) * * *

           *       *       *       *       *       *       *

            (5)(A) In addition to the amounts distributed under 
        paragraphs (2), (3), and (4), the Director may set 
        aside up to $50,000,000 from the amounts transferred to 
        the Fund in response to the airplane hijackings and 
        terrorist acts that occurred on September 11, 2001, as 
        an antiterrorism emergency reserve. The Director may 
        replenish any amounts [expended] obligated from such 
        reserve in subsequent fiscal years by setting aside up 
        to 5 percent of the amounts remaining in the Fund in 
        any fiscal year after distributing amounts under 
        paragraphs (2), (3) and (4). Such reserve shall not 
        exceed $50,000,000.

           *       *       *       *       *       *       *

    (g)(1) The Attorney General[, acting through the Director,] 
shall use 15 percent of the funds available under subsection 
(d)(2) to make grants for the purpose of assisting Native 
American Indian tribes in developing, establishing, and 
operating programs designed to improve--
            (A) * * *

           *       *       *       *       *       *       *

    (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.
    [(2)] (3) As used in this subsection, the term ``tribe'' 
has the meaning given that term in section 4(b) of the Indian 
Self-Determination and Education Assistance Act.

           *       *       *       *       *       *       *


                       CRIME VICTIM COMPENSATION

    Sec. 1403. (a)(1) * * *

           *       *       *       *       *       *       *

    (3) Not more than 5 percent of a grant made under this 
section may be used for training purposes and the 
administration of the State crime victim compensation program 
receiving the grant.

           *       *       *       *       *       *       *


                        CRIME VICTIM ASSISTANCE

    Sec. 1404. (a) * * *
    (b)(1) * * *

           *       *       *       *       *       *       *

    (3) Not more than 5 percent of sums received under 
subsection (a) may be used for training purposes and the 
administration of the State crime victim assistance program 
receiving such sums.

           *       *       *       *       *       *       *

    (c)(1) The Director[,] shall make grants--
            (A) for demonstration projects, program evaluation, 
        compliance efforts, and training and technical 
        assistance services to eligible crime victim assistance 
        programs; [and]
            (B) for the financial support of services to 
        victims of Federal crime by eligible crime victim 
        assistance programs[.]; and
            (C) for nonprofit neighborhood and community-based 
        victim service organizations and coalitions to improve 
        outreach and services to victims of crime.
    (2) Of the amount available for grants under this 
subsection--
            (A) not less than 50 percent shall be used for 
        grants under [paragraph (1)(A)] paragraphs (1)(A) and 
        (1)(C); [and]
            (B) not more than 50 percent shall be used for 
        grants under paragraph (1)(B)[.]; and
            (C) not more than $10,000 shall be used for any 
        single grant under paragraph (1)(C).

           *       *       *       *       *       *       *

                              ----------                              


                   VIOLENCE AGAINST WOMEN ACT OF 1994

                    TITLE IV--VIOLENCE AGAINST WOMEN

SEC. 40001. SHORT TITLE.

    This title may be cited as the ``Violence Against Women Act 
of 1994''.

           *       *       *       *       *       *       *


Subtitle A--Safe Streets for Women

           *       *       *       *       *       *       *


CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES

           *       *       *       *       *       *       *


[SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.

    [There are authorized to be appropriated for the United 
States Attorneys for the purpose of appointing Victim/Witness 
Counselors for the prosecution of sex crimes and domestic 
violence crimes where applicable (such as District of 
Columbia), $1,000,000 for each of fiscal years 2001 through 
2005.]

SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.

    There are authorized to be appropriated to the Attorney 
General for the purpose of appointing victim assistants for the 
prosecution of sex crimes and domestic violence crimes where 
applicable (such as the District of Columbia), $1,000,000 for 
each of fiscal years 2006 through 2010.

           *       *       *       *       *       *       *


           CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

SEC. 40152. TRAINING PROGRAMS.

    (a) * * *

           *       *       *       *       *       *       *

    [(c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            [(1) $1,000,000 for fiscal year 1996; and
            [(2) $1,000,000 for fiscal year 1997.]
    (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.

           *       *       *       *       *       *       *


Subtitle B--Safe Homes for Women

           *       *       *       *       *       *       *


CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

           *       *       *       *       *       *       *


[SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
                    ASSISTANCE.

    [(a) Grants.--The Attorney General may make grants to 
States, Indian tribal governments, and local governments of 
rural States, and to other public or private entities of rural 
States--
            [(1) to implement, expand, and establish 
        cooperative efforts and projects between law 
        enforcement officers, prosecutors, victim advocacy 
        groups, and other related parties to investigate and 
        prosecute incidents of domestic violence and dating 
        violence (as defined in section 2003 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3996gg-2)) and child abuse;
            [(2) to provide treatment, counseling, and 
        assistance to victims of domestic violence and dating 
        violence (as defined in section 2003 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3996gg-2)) and child abuse, including in 
        immigration matters; and
            [(3) to work in cooperation with the community to 
        develop education and prevention strategies directed 
        toward such issues.
    [(b) Definitions.--In this section--
            [``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including an Alaska Native village (as defined 
        in or established under 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.
            [``rural State'' has the meaning stated in section 
        1501(b) of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).
    [(c) Authorization of Appropriations.--
            [(1) In general.--There is authorized to be 
        appropriated to carry out this section $40,000,000 for 
        each of fiscal years 2001 through 2005.
            [(2) Additional funding.--In addition to funds 
        received under a grant under subsection (a), a law 
        enforcement agency may use funds received under a grant 
        under section 103 to accomplish the objectives of this 
        section.
            [(3) Allotment for indian tribes.--Not less than 5 
        percent of the total amount made available to carry out 
        this section for each fiscal year shall be available 
        for grants to Indian tribal governments.]

SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
                    STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.

    (a) Purposes.--The purposes of this section are--
            (1) to identify, assess, and appropriately respond 
        to adult, youth, and minor domestic violence, sexual 
        assault, dating violence, and stalking in rural 
        communities, by encouraging collaboration between--
                    (A) domestic violence, dating violence, 
                sexual assault, and stalking victim service 
                providers;
                    (B) law enforcement agencies;
                    (C) prosecutors;
                    (D) courts;
                    (E) other criminal justice service 
                providers;
                    (F) human and community service providers;
                    (G) educational institutions; and
                    (H) health care providers;
            (2) to establish and expand nonprofit, 
        nongovernmental, State, tribal, and local government 
        services in rural communities to adult, youth, and 
        minor victims; and
            (3) to increase the safety and well-being of women 
        and children in rural communities, by--
                    (A) dealing directly and immediately with 
                domestic violence, sexual assault, dating 
                violence, and stalking occurring in rural 
                communities; and
                    (B) creating and implementing strategies to 
                increase awareness and prevent domestic 
                violence, sexual assault, dating violence, and 
                stalking.
    (b) Grants Authorized.--The Attorney General, acting 
through the Director of the Office on Violence Against Women 
(referred to in this section as the ``Director''), may award 3-
year grants, with a possible extension for an additional 3 
years, to States, Indian tribes, local governments, and 
nonprofit, public or private entities, including tribal 
nonprofit organizations, to carry out programs serving rural 
areas or rural communities that address domestic violence, 
dating violence, sexual assault, and stalking by--
            (1) implementing, expanding, and establishing 
        cooperative efforts and projects between law 
        enforcement officers, prosecutors, victim advocacy 
        groups, and other related parties to investigate and 
        prosecute incidents of domestic violence, dating 
        violence, sexual assault, and stalking;
            (2) providing treatment, counseling, and other 
        long- and short-term assistance to adult, youth, and 
        minor victims of domestic violence, dating violence, 
        sexual assault, and stalking in rural communities; and
            (3) working in cooperation with the community to 
        develop education and prevention strategies directed 
        toward such issues.
    (c) Use of Funds.--Funds appropriated pursuant to this 
section shall be used only for specific programs and activities 
expressly described in subsection (a).
    (d) Allotments and Priorities.--
            (1) Allotment for indian tribes.--Not less than 10 
        percent of the total amount made available for each 
        fiscal year to carry out this section shall be 
        allocated for grants to Indian tribes or tribal 
        organizations.
            (2) Allotment for sexual assault services.--
                    (A) In general.--Not less than 25 percent 
                of the total amount made available for each 
                fiscal year to carry out this section shall be 
                allocated for grants that meaningfully address 
                sexual assault in rural communities, except as 
                provided in subparagraph (B).
                    (B) Escalation.--The percentage required by 
                subparagraph (A) shall be--
                            (i) 30 percent, for any fiscal year 
                        for which $45,000,000 or more is made 
                        available to carry out this section;
                            (ii) 35 percent, for any fiscal 
                        year for which $50,000,000 or more is 
                        made available to carry out this 
                        section; or
                            (iii) 40 percent, for any fiscal 
                        year for which $55,000,000 or more is 
                        made available to carry out this 
                        section.
                    (C) Savings clause.--Nothing in this 
                paragraph shall prohibit an applicant from 
                applying for funding to address domestic 
                violence, dating violence, sexual assault, or 
                stalking, separately or in combination, in the 
                same application.
                    (D) Report to congress.--The Attorney 
                General shall, on an annual basis, submit to 
                Congress a report on the effectiveness of the 
                set-aside for sexual assault services. The 
                report shall include any recommendations of the 
                Attorney General with respect to the rural 
                grant program.
            (3) Allotment for training, technical assistance, 
        and data collection.--Of the amounts appropriated for 
        each fiscal year to carry out this section, not more 
        than 8 percent may be used by the Director for 
        training, technical assistance, and data collection 
        costs. Of the amounts so used, not less than 25 percent 
        shall be available to nonprofit, nongovernmental 
        organizations whose focus and expertise is in 
        addressing sexual assault to provide training, 
        technical assistance, and data collection with respect 
        to sexual assault grantees.
            (4) Underserved populations.--In awarding grants 
        under this section, the Director shall give priority to 
        the needs of racial and ethnic and other underserved 
        populations (as defined in section 2000B of the Omnibus 
        Crime Control and Safe Streets Act of 1968).
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be 
        appropriated $50,000,000 for each of the fiscal years 
        2006 through 2010 to carry out this section.
            (2) Additional funding.--In addition to funds 
        received through a grant under subsection (b), a law 
        enforcement agency may use funds received through a 
        grant under part Q of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd 
        et seq.) to accomplish the objectives of this section.

           *       *       *       *       *       *       *


Subtitle F--National Stalker and Domestic Violence Reduction

           *       *       *       *       *       *       *


SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this 
subtitle $3,000,000 for each of fiscal years [2001] 2006 
through [2005] 2010.

           *       *       *       *       *       *       *


SEC. 40610. REPORT TO CONGRESS.

    [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] Each even-numbered fiscal 
year, the Attorney General shall submit to the Congress a 
biennial report that provides information concerning the 
incidence of stalking and domestic violence, and evaluates the 
effectiveness of State antistalking efforts and legislation.

           *       *       *       *       *       *       *


 Subtitle J--Violence Against Women Act Court Training and Improvements

SEC. 41001. SHORT TITLE.

    This subtitle may be cited as the ``Violence Against Women 
Act Court Training and Improvements Act of 2005''.

SEC. 41002. GRANTS FOR COURT TRAINING AND IMPROVEMENTS.

    (a) Purpose.--The purpose of this section is to enable the 
Attorney General, though the Director of the Office on Violence 
Against Women, to award grants to improve court responses to 
adult, youth, and minor domestic violence, dating violence, 
sexual assault, and stalking to be used for the following 
purposes--
            (1) improved internal civil and criminal court 
        functions, responses, practices, and procedures;
            (2) education for court-based and court-related 
        personnel on issues relating to victims' needs, 
        including safety, security, privacy, confidentiality 
        and economic independence, as well as information about 
        perpetrator behavior and best practices for holding 
        perpetrators accountable;
            (3) collaboration and training with Federal, State, 
        and local public agencies and officials and nonprofit, 
        non-governmental organizations to improve 
        implementation and enforcement of relevant Federal, 
        State, tribal, territorial and local law;
            (4) to enable courts or court-based or court-
        related programs to develop new or enhance current--
                    (A) court infrastructure (such as 
                specialized courts, dockets, intake centers, or 
                interpreter services and linguistically and 
                culturally specific services, or a court system 
                dedicated to the adjudication of domestic 
                violence cases);
                    (B) community-based initiatives within the 
                court system (such as court watch programs, 
                victim advocates, or community-based 
                supplementary services);
                    (C) offender management, monitoring, and 
                accountability programs;
                    (D) safe and confidential information-
                storage and -sharing databases within and 
                between court systems;
                    (E) education and outreach programs (such 
                as interpreters) to improve community access, 
                including enhanced access for racial and ethnic 
                communities and racial and ethnic and other 
                underserved populations (as defined in section 
                2000B of the Omnibus Crime Control and Safe 
                Streets Act of 1968); and
                    (F) other projects likely to improve court 
                responses to domestic violence, dating 
                violence, sexual assault, and stalking; and
            (5) to provide training, technical assistance, and 
        data collection to tribal, Federal, State, territorial 
        or local courts wishing to improve their practices and 
        procedures or to develop new programs.
            (6) to provide training for specialized service 
        providers, such as interpreters.
    (b) Grant Requirements.--Grants awarded under this section 
shall be subject to the following conditions:
            (1) Eligible grantees.--Eligible grantees may 
        include--
                    (A) tribal, Federal, State, territorial or 
                local courts or court-based programs, provided 
                that the court's internal organizational 
                policies, procedures, or rules do not require 
                mediation or counseling between offenders and 
                victims physically together in cases where 
                domestic violence, dating violence, sexual 
                assault, or stalking is an issue; and
                    (B) national, tribal, State, or local 
                private, nonprofit organizations with 
                demonstrated expertise in developing and 
                providing judicial education about domestic 
                violence, dating violence, sexual assault, or 
                stalking.
            (2) Conditions of eligibility for certain grants.--
                    (A) Court programs.--To be eligible for a 
                grant under subsection (a)(4), applicants shall 
                certify in writing that any courts or court-
                based personnel working directly with or making 
                decisions about adult, youth, or minor parties 
                experiencing domestic violence, dating 
                violence, sexual assault, and stalking have 
                completed or will complete education about 
                domestic violence, dating violence, sexual 
                assault, and stalking.
                    (B) Education programs.--To be eligible for 
                a grant under subsection (a)(2), applicants 
                shall certify in writing that any education 
                program developed under subsection (a)(2) has 
                been or will be developed with significant 
                input from and in collaboration with a 
                national, tribal, State, territorial, or local 
                victim services provider or coalition.
    (c) Evaluation.--
            (1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women, may 
        evaluate the grants funded under this section.
            (2) Tribal grantees.--Evaluation of tribal grantees 
        under this section shall be conducted by entities with 
        expertise in Federal Indian law and tribal court 
        practice.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be 
        appropriated to carry out this section $4,000,000 for 
        each of fiscal years 2006 to 2010.
            (2) Set aside.--Of the amounts made available under 
        this section in each fiscal year, not less than 10 
        percent shall be used for grants to tribes.

SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CURRICULA.

    (a) National Curricula.--
            (1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women, shall 
        fund efforts to develop a national education curriculum 
        for use by State and national judicial educators to 
        ensure that all courts and court personnel have access 
        to information about relevant Federal, State, 
        territorial, or local law, promising practices, 
        procedures, and policies regarding court responses to 
        adult, youth, and minor domestic violence, dating 
        violence, sexual assault, and stalking.
            (2) Eligible entities.--Any curricula developed 
        under this subsection--
                    (A) shall be developed by an entity or 
                entities having demonstrated expertise in 
                developing judicial education curricula on 
                issues relating to domestic violence, dating 
                violence, sexual assault, and stalking; or
                    (B) if the primary grantee does not have 
                demonstrated expertise such issues, the 
                curricula shall be developed by the primary 
                grantee in partnership with an organization 
                having such expertise.
    (b) Tribal Curricula.--
            (1) In general.--The Attorney General, through the 
        Office on Violence Against Women, shall fund efforts to 
        develop education curricula for tribal court judges to 
        ensure that all tribal courts have relevant information 
        about promising practices, procedures, policies, and 
        law regarding tribal court responses to adult, youth, 
        and minor domestic violence, dating violence, sexual 
        assault, and stalking.
            (2) Eligible entities.--Any curricula developed 
        under this subsection--
                    (A) shall be developed by a tribal 
                organization having demonstrated expertise in 
                developing judicial education curricula on 
                issues relating to domestic violence, dating 
                violence, sexual assault, and stalking; and
                    (B) if the primary grantee does not have 
                such expertise, the curricula shall be 
                developed by the primary grantee through 
                partnership with organizations having such 
                expertise.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be 
        appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2006 to 2010.
            (2) Availability.--Funds appropriated under this 
        section shall remain available until expended and may 
        only be used for the specific programs and activities 
        described in this section.
            (3) Set aside.--Of the amounts made available under 
        this section in each fiscal year, not less than 10 
        percent shall be used for grants to tribes.

SEC. 41004. ACCESS TO JUSTICE FOR TEENS.

    (a) Purpose.--It is the purpose of this section to 
encourage cross training and collaboration between the courts, 
domestic violence and sexual assault service providers, youth 
organizations and service providers, violence prevention 
programs, and law enforcement agencies, so that communities can 
establish and implement policies, procedures, and practices to 
protect and more comprehensively and effectively serve youth 
victims of dating violence, domestic violence, sexual assault, 
and stalking between the ages of 12 and 24, and to engage, 
where necessary, other entities addressing the safety, health, 
mental health, social service, housing, and economic needs of 
youth victims of domestic violence, dating violence, sexual 
assault, and stalking.
    (b) Grant Authority.--
            (1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women (in 
        this section referred to as the ``Director''), shall 
        make grants to eligible entities to enable entities to 
        jointly carry out cross training and other 
        collaborative initiatives that seek to carry out the 
        purposes of this section. Amounts appropriated under 
        this section may only be used for programs and 
        activities described under subsection (c).
            (2) Grant periods.--Grants shall be awarded under 
        this section for a period of 3 fiscal years.
            (3) Eligible entities.--To be eligible for a grant 
        under this section, a grant applicant shall establish a 
        collaboration that shall include--
                    (A) a Tribal, State, Territorial or local 
                juvenile, family, civil, criminal or other 
                trial court with jurisdiction over domestic 
                violence, dating violence, sexual assault or 
                stalking cases (hereinafter referred to as 
                ``courts''); and
                    (B) a victim service provider that has 
                experience in working on domestic violence, 
                dating violence, sexual assault, or stalking 
                and the effect that those forms of abuse have 
                on young people.
    (c) Uses of Funds.--An entity that receives a grant under 
this section shall use the funds made available through the 
grant for cross-training and collaborative efforts to--
            (1) assess and analyze currently available services 
        for youth victims of domestic violence, dating 
        violence, sexual assault, and stalking, determine 
        relevant barriers to such services in a particular 
        locality;
            (2) establish and enhance linkages and 
        collaboration between courts, domestic violence or 
        sexual assault service providers, and, where 
        applicable, law enforcement agencies, and other 
        entities addressing the safety, health, mental health, 
        social service, housing, and economic needs of youth 
        victims of domestic violence, dating violence, sexual 
        assault or stalking, including community-based supports 
        such as schools, local health centers, community action 
        groups, and neighborhood coalitions to identify, 
        assess, and respond appropriately to the varying needs 
        of youth victims of dating violence, domestic violence, 
        sexual assault or stalking;
            (3) educate the staff of courts, domestic violence 
        and sexual assault service providers, and, as 
        applicable, the staff of law enforcement agencies, 
        youth organizations, schools, healthcare providers and 
        other community prevention and intervention programs to 
        responsibly address youth victims and perpetrators of 
        domestic violence, dating violence, sexual assault and 
        stalking, and to understand relevant laws, court 
        procedures and policies; and
            (4) provide appropriate resources in juvenile court 
        matters to respond to dating violence, domestic 
        violence, sexual assault and stalking and assure 
        necessary services dealing with the health and mental 
        health of youth victims are available.
    (d) Grant Applications.--To be eligible for a grant under 
this section, the entities that are members of the applicant 
collaboration described in subsection (b)(3) shall jointly 
submit an application to the Director at such time, in such 
manner, and containing such information as the Director may 
require.
    (e) Priority.--In awarding grants under this section, the 
Director shall give priority to entities that have submitted 
applications in partnership with law enforcement agencies and 
religious and community organizations and service providers 
that work primarily with youth, especially teens, and who have 
demonstrated a commitment to coalition building and cooperative 
problem solving in dealing with problems of dating violence, 
domestic violence, sexual assault, and stalking in teen 
populations.
    (f) Distribution.--In awarding grants under this section--
            (1) not less than 10 percent of funds appropriated 
        under this section in any year shall be available for 
        grants to collaborations involving tribal courts, 
        tribal coalitions, tribal organizations, or domestic 
        violence or sexual assault service providers the 
        primary purpose of which is to provide culturally 
        relevant services to American Indian or Alaska Native 
        women or youth;
            (2) the Attorney General shall not use more than 
        2.5 percent of funds appropriated under this section in 
        any year for monitoring and evaluation of grants made 
        available under this section;
            (3) the Attorney General shall not use more than 
        2.5 percent of funds appropriated under this section in 
        any year for administration of grants made available 
        under this section; and
            (4) up to 8 percent of funds appropriated under 
        this section in any year shall be available to provide 
        training, technical assistance, and data collection for 
        programs funded under this section.
    (g) Reports.--
            (1) Reports.--Each of the entities that are members 
        of the applicant collaboration described in subsection 
        (b)(3) and that receive a grant under this section 
        shall jointly prepare and submit a report to the 
        Attorney General every 18 months detailing the 
        activities that the entities have undertaken under the 
        grant and such additional information as the Attorney 
        General may require. Each such report shall contain 
        information on--
                    (A) the activities implemented by the 
                recipients of the grants awarded under this 
                section; and
                    (B) related initiatives undertaken by the 
                Director to promote attention to dating 
                violence, domestic violence, sexual assault, 
                and stalking and their impact on young victims 
                by--
                            (i) the staffs of courts;
                            (ii) domestic violence, dating 
                        violence, sexual assault, and stalking 
                        service providers; and
                            (iii) law enforcement agencies and 
                        community organizations.
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section, $5,000,000 for 
each of fiscal years 2006 through 2010.

   Subtitle K--Privacy Protections for Victims of Domestic Violence, 
             Dating Violence, Sexual Violence, and Stalking

SEC. 41101. TASK FORCE.

    The Attorney General shall establish a task force to review 
and report on policies, procedures, and technological issues 
that may affect the privacy and confidentiality of victims of 
domestic violence, dating violence, stalking and sexual 
assault. The Attorney General shall include representatives 
from States, tribes, territories, law enforcement, court 
personnel, and private nonprofit organizations whose mission is 
to help develop a best practices model to prevent personally 
identifying information of adult, youth, and minor victims of 
domestic violence, dating violence, stalking and sexual assault 
from being released to the detriment of such victimized 
persons. The Attorney General shall designate one staff member 
to work with the task force. The Attorney General is authorized 
to make grants to develop a demonstration project to implement 
the best practices identified by the Task Force.

SEC. 41102. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to 
carry out this subtitle $1,000,000 for each of fiscal years 
2006 through 2010.
    (b) Availability.--Amounts appropriated under this section 
shall remain available until expended and may only be used for 
the specific programs and activities described in this 
subtitle.

   Subtitle L--Services, Education, Protection and Justice for Young 
                          Victims of Violence

SEC. 41201. GRANTS FOR TRAINING AND COLLABORATION ON THE INTERSECTION 
                    BETWEEN DOMESTIC VIOLENCE AND CHILD MALTREATMENT.

    (a) Purpose.--The purpose of this section is to support 
efforts by domestic violence or dating violence victim services 
providers, courts, law enforcement, child welfare agencies, and 
other related professionals and community organizations to 
develop collaborative responses and services and provide cross-
training to enhance community responses to families where there 
is both child maltreatment and domestic violence.
    (b) Grants Authorized.--The Attorney General, through the 
Violence Against Women Office, shall award grants on a 
competitive basis to eligible entities for the purposes and in 
the manner described in this section.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $8,000,000 for 
each of fiscal years 2006 through 2010. Funds appropriated 
under this section shall remain available until expended. Of 
the amounts appropriated to carry out this section for each 
fiscal year, the Attorney General shall--
            (1) use not more than 3 percent for evaluation, 
        monitoring, site visits, grantee conferences, and other 
        administrative costs associated with conducting 
        activities under this section;
            (2) set aside not more than 10 percent for grants 
        to programs addressing child maltreatment and domestic 
        violence or dating violence that are operated by, or in 
        partnership with, a tribal organization; and
            (3) set aside up to 8 percent for training and 
        technical assistance, to be provided--
                    (A) to organizations that are establishing 
                or have established collaborative responses and 
                services; and
                    (B) by organizations having demonstrated 
                expertise in developing collaborative community 
                and system responses to families in which there 
                is both child maltreatment and domestic 
                violence or dating violence, whether or not 
                they are receiving funds under this section.
    (d) Underserved Populations.--In awarding grants under this 
section, the Attorney General shall consider the needs of 
racial and ethnic and other underserved populations (as defined 
in section 2000B of the Omnibus Crime Control and Safe Streets 
Act of 1968).
    (e) Grant Awards.--The Attorney General shall award grants 
under this section for periods of not more than 3 fiscal years.
    (f) Uses of Funds.--Entities receiving grants under this 
section shall use amounts provided to develop collaborative 
responses and services and provide cross-training to enhance 
community responses to families where there is both child 
maltreatment and domestic violence or dating violence. Amounts 
distributed under this section may only be used for programs 
and activities described in subsection (g).
    (g) Programs and Activities.--The programs and activities 
developed under this section shall--
            (1) encourage cross training, education, service 
        development, and collaboration among child welfare 
        agencies, domestic violence victim service providers, 
        and courts, law enforcement agencies, community-based 
        programs, and other entities, in order to ensure that 
        such entities have the capacity to and will identify, 
        assess, and respond appropriately to--
                    (A) domestic violence or dating violence in 
                homes where children are present and may be 
                exposed to the violence;
                    (B) domestic violence or dating violence in 
                child protection cases; and
                    (C) the needs of both the child and 
                nonabusing parent;
            (2) establish and implement policies, procedures, 
        programs, and practices for child welfare agencies, 
        domestic violence victim service providers, courts, law 
        enforcement agencies, and other entities, that are 
        consistent with the principles of protecting and 
        increasing the immediate and long-term safety and well 
        being of children and non-abusing parents and 
        caretakers by--
                    (A) increasing the safety, autonomy, 
                capacity, and financial security of non-abusing 
                parents or caretakers, including developing 
                service plans and utilizing community-based 
                services that provide resources and support to 
                non-abusing parents;
                    (B) protecting the safety, security, and 
                well-being of children by preventing their 
                unnecessary removal from a non-abusing parent, 
                or, in cases where removal of the child is 
                necessary to protect the child's safety, taking 
                the necessary steps to provide appropriate and 
                community-based services to the child and the 
                non-abusing parent to promote the safe and 
                appropriately prompt reunification of the child 
                with the non-abusing parent;
                    (C) recognizing the relationship between 
                child maltreatment and domestic violence or 
                dating violence in a family, as well as the 
                impact of and danger posed by the perpetrators' 
                behavior on adult, youth, and minor victims; 
                and
                    (D) holding adult, youth, and minor 
                perpetrators of domestic violence or dating 
                violence, not adult, youth, and minor victims 
                of abuse or neglect, accountable for stopping 
                the perpetrators' abusive behaviors, including 
                the development of separate service plans, 
                court filings, or community-based interventions 
                where appropriate;
            (3) increase cooperation and enhance linkages 
        between child welfare agencies, domestic violence 
        victim service providers, courts (including family, 
        criminal, juvenile courts, or tribal courts), law 
        enforcement agencies, and other entities to provide 
        more comprehensive community-based services (including 
        health, mental health, social service, housing, and 
        neighborhood resources) to protect and to serve adult, 
        youth, and minor victims;
            (4) identify, assess, and respond appropriately to 
        domestic violence or dating violence in child 
        protection cases and to child maltreatment when it co-
        occurs with domestic violence or dating violence;
            (5) analyze and change policies, procedures, and 
        protocols that contribute to overrepresentation of 
        racial and ethnic minorities in the court and child 
        welfare system; and
            (6) provide appropriate referrals to community-
        based programs and resources, such as health and mental 
        health services, shelter and housing assistance for 
        adult, youth, and minor victims and their children, 
        legal assistance and advocacy for adult, youth, and 
        minor victims, assistance for parents to help their 
        children cope with the impact of exposure to domestic 
        violence or dating violence and child maltreatment, 
        appropriate intervention and treatment for adult 
        perpetrators of domestic violence or dating violence 
        whose children are the subjects of child protection 
        cases, programs providing support and assistance to 
        racial and ethnic populations, and other necessary 
        supportive services.
    (h) Grantee Requirements.--
            (1) Applications.--Under this section, an entity 
        shall prepare and submit to the Attorney General an 
        application at such time, in such manner, and 
        containing such information as the Attorney General may 
        require, consistent with the requirements described 
        herein. The application shall--
                    (A) ensure that communities impacted by 
                these systems or organizations are adequately 
                represented in the development of the 
                application, the programs and activities to be 
                undertaken, and that they have a significant 
                role in evaluating the success of the project;
                    (B) describe how the training and 
                collaboration activities will enhance or ensure 
                the safety and economic security of families 
                where both child maltreatment and domestic 
                violence or dating violence occurs by providing 
                appropriate resources, protection, and support 
                to the victimized parents of such children and 
                to the children themselves; and
                    (C) outline methods and means participating 
                entities will use to ensure that all services 
                are provided in a developmentally, 
                linguistically and culturally competent manner 
                and will utilize community-based supports and 
                resources.
            (2) Eligible entities.--To be eligible for a grant 
        under this section, an entity shall be a collaboration 
        that--
                    (A) shall include a State or local child 
                welfare agency or Indian Tribe;
                    (B) shall include a domestic violence or 
                dating violence victim service provider;
                    (C) may include a court;
                    (D) may include a law enforcement agency, 
                or Bureau of Indian Affairs providing tribal 
                law enforcement; and
                    (E) may include any other such agencies or 
                private nonprofit organizations, including 
                community-based organizations, with the 
                capacity to provide effective help to the 
                adult, youth, and minor victims served by the 
                collaboration.
            (3) Reports.--Each entity receiving a grant under 
        this section shall report to the Attorney General every 
        18 months, detailing how the funds have been used.

SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND TO TEENS.

    (a) Grants Authorized.--The Attorney General shall award 
grants to eligible entities to conduct programs to serve youth 
between the ages of 12 and 24 of domestic violence, dating 
violence, sexual assault, and stalking. Amounts appropriated 
under this section may only be used for programs and activities 
described under subsection (c).
    (b) Eligible Grantees.--To be eligible to receive a grant 
under this section, an entity shall be--
            (1) a nonprofit, nongovernmental entity, the 
        primary purpose of which is to provide services to 
        victims of domestic violence, dating violence, sexual 
        assault, or stalking;
            (2) a religious or community-based organization 
        that specializes in working with youth victims of 
        domestic violence, dating violence, sexual assault, or 
        stalking;
            (3) an Indian Tribe or tribal organization 
        providing services primarily to tribal youth or tribal 
        victims of domestic violence, dating violence, sexual 
        assault or stalking; or
            (4) a nonprofit, nongovernmental entity providing 
        services for runaway or homeless youth.
    (c) Use of Funds.--
            (1) In general.--An entity that receives a grant 
        under this section shall use amounts provided under the 
        grant to design or replicate, and implement, programs 
        and services, using domestic violence, dating violence, 
        sexual assault, and stalking intervention models to 
        respond to the needs of youth who are victims of 
        domestic violence, dating violence, sexual assault or 
        stalking.
            (2) Types of programs.--Such a program--
                    (A) shall provide direct counseling and 
                advocacy for teens and young adults, who have 
                experienced domestic violence, dating violence, 
                sexual assault or stalking;
                    (B) shall include linguistically, 
                culturally, and community relevant services for 
                racial and ethnic and other underserved 
                populations or linkages to existing services in 
                the community tailored to the needs of racial 
                and ethnic and other underserved populations;
                    (C) may include mental health services;
                    (D) may include legal advocacy efforts on 
                behalf of minors and young adults with respect 
                to domestic violence, dating violence, sexual 
                assault or stalking;
                    (E) may work with public officials and 
                agencies to develop and implement policies, 
                rules, and procedures in order to reduce or 
                eliminate domestic violence, dating violence, 
                sexual assault, and stalking against youth and 
                young adults; and
                    (F) may use not more than 25 percent of the 
                grant funds to provide additional services and 
                resources for youth, including childcare, 
                transportation, educational support, and 
                respite care.
    (d) Awards Basis.--
            (1) Grants to indian tribes.--Not less than 10 
        percent of funds appropriated under this section in any 
        year shall be available for grants to Indian Tribes or 
        tribal organizations.
            (2) Administration.--The Attorney General shall not 
        use more than 2.5 percent of funds appropriated under 
        this section in any year for administration, 
        monitoring, and evaluation of grants made available 
        under this section.
            (3) Training, technical assistance, and data 
        collection.--Not less than 5 percent of funds 
        appropriated under this section in any year shall be 
        available to provide training, technical assistance, 
        and data collection for programs funded under this 
        section.
    (e) Term.--The Attorney General shall make the grants under 
this section for a period of 3 fiscal years.
    (f) Reports.--An entity receiving a grant under this 
section shall submit to the Attorney General every 18 months a 
report of how grant funds have been used.
    (g) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section, $10,000,000 for 
each of fiscal years 2006 through 2010.

Subtitle M--Strengthening America's Families by Preventing Violence in 
                                the Home

SEC. 41301. PURPOSE.

    The purpose of this subtitle is to--
            (1) prevent crimes involving domestic violence, 
        dating violence, sexual assault, and stalking, 
        including when committed against children and youth;
            (2) increase the resources and services available 
        to prevent domestic violence, dating violence, sexual 
        assault, and stalking, including when committed against 
        children and youth;
            (3) reduce the impact of exposure to violence in 
        the lives of children and youth so that the 
        intergenerational cycle of violence is interrupted;
            (4) develop and implement education and services 
        programs to prevent children in vulnerable families 
        from becoming victims or perpetrators of domestic 
        violence, dating violence, sexual assault, or stalking;
            (5) promote programs to ensure that children and 
        youth receive the assistance they need to end the cycle 
        of violence and develop mutually respectful, nonviolent 
        relationships; and
            (6) encourage collaboration among community-based 
        organizations and governmental agencies serving 
        children and youth, providers of health and mental 
        health services and providers of domestic violence, 
        dating violence, sexual assault, and stalking victim 
        services to prevent violence.

SEC. 41302. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.

    (a) Grants Authorized.--
            (1) In general.--The Attorney General, acting 
        through the Director of the Office on Violence Against 
        Women, and in consultation with the Secretary of Health 
        and Human Services, is authorized to award grants on a 
        competitive basis to eligible entities for the purpose 
        of mitigating the effects of domestic violence, dating 
        violence, sexual assault, and stalking on children 
        exposed to such violence, and reducing the risk of 
        future victimization or perpetration of domestic 
        violence, dating violence, sexual assault, and 
        stalking.
            (2) Term.--The Director shall make grants under 
        this section for a period of 3 fiscal years.
            (3) Award basis.--The Director shall award grants--
                    (A) considering the needs of racial and 
                ethnic and other underserved populations, as 
                defined in section 2000B of the Omnibus Crime 
                Control and Safe Streets Act of 1968;
                    (B) awarding not less than 10 percent of 
                such amounts for the funding of tribal projects 
                from the amounts made available under this 
                section for a fiscal year;
                    (C) awarding up to 8 percent for the 
                funding of training, technical assistance, and 
                data collection programs from the amounts made 
                available under this section for a fiscal year; 
                and
                    (D) awarding not less than 66 percent to 
                programs described in subsection (c)(1) from 
                the amounts made available under this section 
                for a fiscal year.
    (b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $15,000,000 for 
each of fiscal years 2006 through 2010.
    (c) Use of Funds.--The funds appropriated under this 
section shall be used for--
            (1) programs that provide services for children 
        exposed to domestic violence, dating violence, sexual 
        assault, or stalking, which may include direct 
        counseling, advocacy, or mentoring, and must include 
        support for the nonabusing parent or the child's 
        caretaker;
            (2) training and coordination for programs that 
        serve children and youth (such as Head Start, child 
        care, and after-school programs) on how to safely and 
        confidentially identify children and families 
        experiencing domestic violence and properly refer them 
        to programs that can provide direct services to the 
        family and children, and coordination with other 
        domestic violence or other programs serving children 
        exposed to domestic violence, dating violence, sexual 
        assault, or stalking that can provide the training and 
        direct services referenced in this subsection; or
            (3) advocacy within the systems that serve children 
        to improve the system's understanding of and response 
        to children who have been exposed to domestic violence 
        and the needs of the nonabusing parent.
    (d) Eligible Entities.--To be eligible to receive a grant 
under this section, an entity shall be--
            (1) a victim service provider, tribal nonprofit 
        organization or community-based organization that has a 
        documented history of effective work concerning 
        children or youth exposed to domestic violence, dating 
        violence, sexual assault, or stalking, including 
        programs that provide culturally specific services, 
        Head Start, child care, after school programs, and 
        health and mental health providers; or
            (2) a State, territorial, 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 exposed to 
                violence and their nonabusing parent, enhance 
                or ensure the safety and security of children 
                and their nonabusing parent in homes already 
                experiencing domestic violence, dating 
                violence, sexual assault, or stalking; and
                    (B) ensure linguistically, culturally, and 
                community relevant services for racial and 
                ethnic and other underserved populations.
    (f) Reports.--An entity receiving a grant under this 
section shall prepare and submit to the Director every 18 
months a report detailing the activities undertaken with grant 
funds, providing additional information as the Director shall 
require.

SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, AND YOUTH TO PREVENT 
                    DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
                    AND STALKING.

    (a) Grants Authorized.--
            (1) In general.--The Attorney General, acting 
        through the Director of the Office on Violence Against 
        Women, and in collaboration with the Secretary of 
        Health and Human Services, shall award grants on a 
        competitive basis to eligible entities for the purpose 
        of developing or enhancing programs related to building 
        alliances among men, women, and youth to prevent 
        domestic violence, dating violence, sexual assault, and 
        stalking by helping them to develop mutually 
        respectful, nonviolent relationships.
            (2) Term.--The Director shall make grants under 
        this section for a period of 3 fiscal years.
            (3) Award basis.--The Director shall award grants--
                    (A) considering the needs of racial and 
                ethnic and other underserved populations (as 
                defined in section 2000B of the Omnibus Crime 
                Control and Safe Streets Act of 1968);
                    (B) with respect to gender-specific 
                programs described under subsection (c)(1)(A), 
                ensuring reasonable distribution of funds to 
                programs for boys and programs for girls;
                    (C) awarding not less than 10 percent of 
                such amounts for the funding of tribal projects 
                from the amounts made available under this 
                section for a fiscal year; and
                    (D) awarding up to 8 percent for the 
                funding of training, technical assistance, and 
                data collection for grantees and non-grantees 
                working in this area and evaluation programs 
                from the amounts made available under this 
                section for a fiscal year.
    (b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $10,000,000 for 
each of fiscal years 2006 through 2010.
    (c) Use of Funds.--
            (1) Programs.--The funds appropriated under this 
        section shall be used by eligible entities for--
                    (A) public education and community based 
                programs, including gender-specific programs in 
                accordance with applicable laws--
                            (i) to encourage children and youth 
                        to pursue only mutually respectful, 
                        nonviolent relationships and empower 
                        them to reduce their risk of becoming 
                        victims or perpetrators of domestic 
                        violence, dating violence, sexual 
                        assault, or stalking; and
                            (ii) that include at a minimum--
                                    (I) information on domestic 
                                violence, dating violence, 
                                sexual assault, stalking, or 
                                child sexual abuse and how they 
                                affect children and youth; and
                                    (II) strategies to help 
                                participants be as safe as 
                                possible; or
                    (B) public education campaigns and 
                community organizing to encourage men and boys 
                to work as allies with women and girls to 
                prevent domestic violence, dating violence, 
                stalking, and sexual assault conducted by 
                entities that have experience in conducting 
                public education campaigns that address 
                domestic violence, dating violence, sexual 
                assault, or stalking.
            (2) Media limits.--No more than 25 percent of funds 
        received by a grantee under this section may be used to 
        create and distribute media materials.
    (d) Eligible Entities.--
            (1) Relationships.--Eligible entities under 
        subsection (c)(1)(A) are--
                    (A) nonprofit, nongovernmental domestic 
                violence, dating violence, sexual assault, or 
                stalking victim service providers or 
                coalitions;
                    (B) community-based child or youth services 
                organizations with demonstrated experience and 
                expertise in addressing the needs and concerns 
                of young people;
                    (C) a State, territorial, tribal, or unit 
                of local governmental entity that is partnered 
                with an organization described in subparagraph 
                (A) or (B); or
                    (D) a program that provides culturally 
                specific services.
            (2) Awareness campaign.--Eligible entities under 
        subsection (c)(1)(B) are--
                    (A) nonprofit, nongovernmental 
                organizations or coalitions that have a 
                documented history of creating and 
                administering effective public education 
                campaigns addressing the prevention of domestic 
                violence, dating violence, sexual assault or 
                stalking; or
                    (B) a State, territorial, tribal, or unit 
                of local governmental entity that is partnered 
                with an organization described in subparagraph 
                (A).
    (e) Grantee Requirements.--Under this section, an entity 
shall--
            (1) prepare and submit to the Director an 
        application at such time, in such manner, and 
        containing such information as the Director may 
        require; and
            (2) for a grant under subsection (c)(1)(A), 
        describe in the application the policies and procedures 
        that the entity has or will adopt to--
                    (A) enhance or ensure the safety and 
                security of children and youth already 
                experiencing domestic violence, dating 
                violence, sexual assault, or stalking in their 
                lives;
                    (B) provide, where appropriate, 
                linguistically, culturally, and community 
                relevant services for racial and ethnic and 
                other underserved populations;
                    (C) inform participants about laws, 
                services, and resources in the community, and 
                make referrals as appropriate; and
                    (D) ensure that State and local domestic 
                violence, dating violence, sexual assault, and 
                stalking victim service providers and 
                coalitions are aware of the efforts of 
                organizations receiving grants under this 
                section.
    (f) Reports.--An entity receiving a grant under this 
section shall prepare and submit to the Director every 18 
months a report detailing the activities undertaken with grant 
funds, including an evaluation of funded programs and providing 
additional information as the Director shall require.

SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR HOME 
                    VISITATION PROJECTS.

    (a) Grants Authorized.--
            (1) In general.--The Attorney General, acting 
        through the Director of the Office on Violence Against 
        Women, shall award grants on a competitive basis to 
        home visitation programs, in collaboration with law 
        enforcement, victim service providers, for the purposes 
        of developing and implementing model policies and 
        procedures to train home visitation service providers 
        on addressing domestic violence, dating violence, 
        sexual assault, and stalking in families experiencing 
        violence, or at risk of violence, to reduce the impact 
        of that violence on children, maintain safety, improve 
        parenting skills, and break intergenerational cycles of 
        violence.
            (2) Term.--The Director shall make the grants under 
        this section for a period of 2 fiscal years.
            (3) Award basis.--The Director shall--
                    (A) consider the needs of underserved 
                populations;
                    (B) award not less than 7 percent of such 
                amounts for the funding of tribal projects from 
                the amounts made available under this section 
                for a fiscal year; and
                    (C) award up to 8 percent for the funding 
                of technical assistance programs from the 
                amounts made available under this section for a 
                fiscal year.
    (b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $5,000,000 for 
each of fiscal years 2006 through 2010.
    (c) Eligible Entities.--To be eligible to receive a grant 
under this section, an entity shall be a national, Federal, 
State, local, territorial, or tribal--
            (1) home visitation program that provides services 
        to pregnant women and to young children and their 
        parent or primary caregiver that are provided in the 
        permanent or temporary residence or in other familiar 
        surroundings of the individual or family receiving such 
        services; or
            (2) victim services organization or agency in 
        collaboration with an organization or organizations 
        listed in paragraph (1).
    (d) Grantee Requirements.--Under this section, an entity 
shall--
            (1) prepare and submit to the Director an 
        application at such time, in such manner, and 
        containing such information as the Director may 
        require; and
            (2) describe in the application the policies and 
        procedures that the entity has or will adopt to--
                    (A) enhance or ensure the safety and 
                security of children and their nonabusing 
                parent in homes already experiencing domestic 
                violence, dating violence, sexual assault, or 
                stalking;
                    (B) ensure linguistically, culturally, and 
                community relevant services for racial ethnic 
                and other underserved communities;
                    (C) ensure the adequate training by 
                domestic violence, dating violence, sexual 
                assault or stalking victim service providers of 
                home visitation grantee program staff to--
                            (i) safely screen for or recognize 
                        (or both) domestic violence, dating 
                        violence, sexual assault, and stalking;
                            (ii) understand the impact of 
                        domestic violence or sexual assault on 
                        children and protective actions taken 
                        by a nonabusing parent or caretaker in 
                        response to violence against anyone in 
                        the household; and
                            (iii) link new parents with 
                        existing community resources in 
                        communities where resources exist; and
                    (D) ensure that relevant State and local 
                domestic violence, dating violence, sexual 
                assault, and stalking victim service providers 
                and coalitions are aware of the efforts of 
                organizations receiving grants under this 
                section, and are included as training partners, 
                where possible.
                              ----------                              


SECTION 1301 OF THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT 
                                OF 2000

[SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.]

SEC. 1301. SAFE HAVENS FOR CHILDREN.

    (a) In General.--The Attorney General, through the Director 
of the Office on Violence Against Women, may award grants to 
public or nonprofit nongovernmental entities, and to States, 
units of local government, and Indian tribal governments that 
propose to enter into or expand the scope of existing contracts 
and cooperative agreements with public or private nonprofit 
entities [to provide]
            (1) to provide supervised visitation and safe 
        visitation exchange of children by and between parents 
        in situations involving domestic violence, dating 
        violence, child abuse, sexual assault, or stalking[.];
            (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.

           *       *       *       *       *       *       *

    (d) Reporting.--
            (1) In general.--[Not later than 1 year after the 
        last day of the first fiscal year commencing on or 
        after the date of the enactment of this Act, and not 
        later than 180 days after the last day of each fiscal 
        year thereafter,] Not later than one month after the 
        end of each even-numbered fiscal year, the Attorney 
        General shall submit to Congress a report that includes 
        information concerning--
                    (A) * * *

           *       *       *       *       *       *       *

    [(e) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $15,000,000 for 
each of fiscal years 2001 and 2002.]
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be 
        appropriated to carry out this section, $20,000,000 for 
        each of fiscal years 2006 through 2010. Funds 
        appropriated under this section shall remain available 
        until expended.
            (2) Use of funds.--Of the amounts appropriated to 
        carry out this section for each fiscal year, the 
        Attorney General shall--
                    (A) set aside not less than 5 percent for 
                grants to Indian tribal governments or tribal 
                organizations;
                    (B) use not more than 3 percent for 
                evaluation, monitoring, site visits, grantee 
                conferences, and other administrative costs 
                associated with conducting activities under 
                this section; and
                    (C) set aside not more than 8 percent for 
                training, technical assistance, and data 
                collection to be provided by organizations 
                having nationally recognized expertise in the 
                design of safe and secure supervised visitation 
                programs and visitation exchange of children in 
                situations involving domestic violence, dating 
                violence, sexual assault, or stalking.

           *       *       *       *       *       *       *

                              ----------                              


  21st CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT

                          (Public Law 107-273)



           *       *       *       *       *       *       *
     DIVISION A--21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 
AUTHORIZATION ACT

           *       *       *       *       *       *       *


                TITLE II--PERMANENT ENABLING PROVISIONS

SEC. 204. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF 
                    JUSTICE AUTHORITIES; AUTHORITY TO TRANSFER PROPERTY 
                    OF MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE 
                    ATTORNEY GENERAL.

    (a) * * *

           *       *       *       *       *       *       *

    (f) No compensation or reimbursement paid [pursuant to 
section 501(a)] 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) of 
Public Law 99-603 (100 Stat. 3443) or section 241(i) of the Act 
of June 27, 1952 (ch. 477) shall be subject to [section 
6503(d)] sections 3335(b) or 6503(d) of title 31, United States 
Code, and no funds available to the Attorney General may be 
used to pay any assessment made pursuant to such [section 6503] 
sections 3335(b) or 6503 with respect to any such compensation 
or reimbursement.

           *       *       *       *       *       *       *


     DIVISION C--IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, 
IMMIGRATION, JUVENILE JUSTICE, AND INTELLECTUAL PROPERTY AND ANTITRUST 
                                  LAWS

       TITLE I--CRIMINAL JUSTICE, CIVIL JUSTICE, AND IMMIGRATION

                    Subtitle A--General Improvements

SEC. 11001. LAW ENFORCEMENT TRIBUTE ACT.

    (a) * * *

           *       *       *       *       *       *       *

    (i) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $3,000,000 for 
each of fiscal years 2002 through [2006] 2009.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 28, UNITED STATES CODE



           *       *       *       *       *       *       *
                     Part II--Department of Justice

Chap.                                                               Sec.
31.    The Attorney General.......................................   501
     * * * * * * *
599ABureau of Alcohol, Tobacco, Firearms, and Explosives........

           *       *       *       *       *       *       *


CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION

           *       *       *       *       *       *       *


Sec. 530C. Authority to use available funds

    (a) * * *
    (b) Permitted Uses.--
            (1) * * *

           *       *       *       *       *       *       *

            (8) Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives.--Funds available to the Attorney General 
        for the Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives may be used for the conduct of all its 
        authorized activities.

           *       *       *       *       *       *       *


Sec. 534. Acquisition, preservation, and exchange of identification 
                    records and information; appointment of officials

    (a) * * *

           *       *       *       *       *       *       *

    (d) Indian Law Enforcement Agencies.--The Attorney General 
shall permit Indian law enforcement agencies, in cases of 
domestic violence, dating violence, sexual assault, and 
stalking, to enter information into Federal criminal 
information databases and to obtain information from the 
databases, including information relating to--
            (1) identification records;
            (2) criminal history records;
            (3) protection orders; and
            (4) wanted person records.
    [(d)] (e) For purposes of this section, the term ``other 
institutions'' includes--
            (1) * * *

           *       *       *       *       *       *       *

    [(e)] (f)(1) Information from national crime information 
databases consisting of identification records, criminal 
history records, protection orders, and wanted person records 
may be disseminated to civil or criminal courts for use in 
domestic violence or stalking cases. Nothing in this subsection 
shall be construed to permit access to such records for any 
other purpose.

           *       *       *       *       *       *       *


   CHAPTER 40A--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES

Sec.
599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
599B. Personnel management demonstration project.sec. 1111 and 
          1115 are transferred and redes. below deg.

[SEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.]

Sec. 599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives

    (a) Establishment.--
            (1) In general.--There is established within the 
        Department of Justice under the general authority of 
        the Attorney General the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives (in this section referred to 
        as the ``Bureau'').
            (2) Director.--There shall be at the head of the 
        Bureau a Director, Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives (in this subtitle referred to 
        as the ``Director''). The Director shall be appointed 
        by the Attorney General and shall perform such 
        functions as the Attorney General shall direct. The 
        Director shall receive compensation at the rate 
        prescribed by law under section 5314 of title V, United 
        States Code, for positions at level III of the 
        Executive Schedule.
            (3) Coordination.--The Attorney General, acting 
        through the Director and such other officials of the 
        Department of Justice as the Attorney General may 
        designate, shall provide for the coordination of all 
        firearms, explosives, tobacco enforcement, and arson 
        enforcement functions vested in the Attorney General so 
        as to assure maximum cooperation between and among any 
        officer, employee, or agency of the Department of 
        Justice involved in the performance of these and 
        related functions.
            (4) Performance of transferred functions.--The 
        Attorney General may make such provisions as the 
        Attorney General determines appropriate to authorize 
        the performance by any officer, employee, or agency of 
        the Department of Justice of any function transferred 
        to the Attorney General under this section.
    (b) Responsibilities.--Subject to the direction of the 
Attorney General, the Bureau shall be responsible for 
investigating--
            (1) criminal and regulatory violations of the 
        Federal firearms, explosives, arson, alcohol, and 
        tobacco smuggling laws;
            (2) the functions transferred by subsection (c) of 
        section 1111 of the Homeland Security Act of 2002 (as 
        enacted on the date of the enactment of such Act); and
            (3) any other function related to the investigation 
        of violent crime or domestic terrorism that is 
        delegated to the Bureau by the Attorney General.
    (c) Transfer of Authorities, Functions, Personnel, and 
Assets to the Department of Justice.--
            (1) In general.--Subject to paragraph (2), but 
        notwithstanding any other provision of law, there are 
        transferred to the Department of Justice the 
        authorities, functions, personnel, and assets of the 
        Bureau of Alcohol, Tobacco and Firearms, which shall be 
        maintained as a distinct entity within the Department 
        of Justice, including the related functions of the 
        Secretary of the Treasury.
            (3) Building prospectus.--Prospectus PDC-98W10, 
        giving the General Services Administration the 
        authority for site acquisition, design, and 
        construction of a new headquarters building for the 
        Bureau of Alcohol, Tobacco and Firearms, is 
        transferred, and deemed to apply, to the Bureau of 
        Alcohol, Tobacco, Firearms, and Explosives established 
        in the Department of Justice under subsection (a).

[SEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.]

Sec. 599B. Personnel management demonstration project

    Notwithstanding any other provision of law, the Personnel 
Management Demonstration Project established under section 102 
of title I of division C of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act for Fiscal Year 1999 
(Public Law 105-277; 122 Stat. 2681-585) shall be transferred 
to the Attorney General of the United States for continued use 
by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice, and the Secretary of the Treasury for 
continued use by the Tax and Trade Bureau.

           *       *       *       *       *       *       *

                              ----------                              


                     HOMELAND SECURITY ACT OF 2002



           *       *       *       *       *       *       *
TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS

           *       *       *       *       *       *       *


Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to 
                       the Department of Justice

[SEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.

    [(a) Establishment.--
            [(1) In general.--There is established within the 
        Department of Justice under the general authority of 
        the Attorney General the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives (in this section referred to 
        as the ``Bureau'').
            [(2) Director.--There shall be at the head of the 
        Bureau a Director, Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives (in this subtitle referred to 
        as the ``Director''). The Director shall be appointed 
        by the Attorney General and shall perform such 
        functions as the Attorney General shall direct. The 
        Director shall receive compensation at the rate 
        prescribed by law under section 5314 of title V, United 
        States Code, for positions at level III of the 
        Executive Schedule.
            [(3) Coordination.--The Attorney General, acting 
        through the Director and such other officials of the 
        Department of Justice as the Attorney General may 
        designate, shall provide for the coordination of all 
        firearms, explosives, tobacco enforcement, and arson 
        enforcement functions vested in the Attorney General so 
        as to assure maximum cooperation between and among any 
        officer, employee, or agency of the Department of 
        Justice involved in the performance of these and 
        related functions.
            [(4) Performance of transferred functions.--The 
        Attorney General may make such provisions as the 
        Attorney General determines appropriate to authorize 
        the performance by any officer, employee, or agency of 
        the Department of Justice of any function transferred 
        to the Attorney General under this section.
    [(b) Responsibilities.--Subject to the direction of the 
Attorney General, the Bureau shall be responsible for 
investigating--
            [(1) criminal and regulatory violations of the 
        Federal firearms, explosives, arson, alcohol, and 
        tobacco smuggling laws;
            [(2) the functions transferred by subsection (c); 
        and
            [(3) any other function related to the 
        investigation of violent crime or domestic terrorism 
        that is delegated to the Bureau by the Attorney 
        General.
    [(c) Transfer of Authorities, Functions, Personnel, and 
Assets to the Department of Justice.--
            [(1) In general.--Subject to paragraph (2), but 
        notwithstanding any other provision of law, there are 
        transferred to the Department of Justice the 
        authorities, functions, personnel, and assets of the 
        Bureau of Alcohol, Tobacco and Firearms, which shall be 
        maintained as a distinct entity within the Department 
        of Justice, including the related functions of the 
        Secretary of the Treasury.]

           *       *       *       *       *       *       *

            [(3) Building prospectus.--Prospectus PDC-98W10, 
        giving the General Services Administration the 
        authority for site acquisition, design, and 
        construction of a new headquarters building for the 
        Bureau of Alcohol, Tobacco and Firearms, is 
        transferred, and deemed to apply, to the Bureau of 
        Alcohol, Tobacco, Firearms, and Explosives established 
        in the Department of Justice under subsection (a).]

           *       *       *       *       *       *       *


[SEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.

    [Notwithstanding any other provision of law, the Personnel 
Management Demonstration Project established under section 102 
of title I of division C of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act for Fiscal Year 1999 
(Public Law 105-277; 122 Stat. 2681-585) shall be transferred 
to the Attorney General of the United States for continued use 
by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice, and the Secretary of the Treasury for 
continued use by the Tax and Trade Bureau.]

           *       *       *       *       *       *       *

                              ----------                              


         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994



           *       *       *       *       *       *       *
TITLE III--CRIME PREVENTION

           *       *       *       *       *       *       *


        [Subtitle B--Local Crime Prevention Block Grant Program

[SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.

    [(a) Payment and Use.--
            [(1) Payment.--The Attorney General, shall pay to 
        each unit of general local government which qualifies 
        for a payment under this subtitle an amount equal to 
        the sum of any amounts allocated to the government 
        under this subtitle for each payment period. The 
        Attorney General shall pay such amount from amounts 
        appropriated under section 30202.
            [(2) Use.--Amounts paid to a unit of general local 
        government under this section shall be used by that 
        unit for carrying out one or more of the following 
        purposes:
                    [(A) Education, training, research, 
                prevention, diversion, treatment, and 
                rehabilitation programs to prevent juvenile 
                violence, juvenile gangs, and the use and sale 
                of illegal drugs by juveniles.
                    [(B) Programs to prevent crimes against the 
                elderly based on the concepts of the Triad 
                model.
                    [(C) Programs that prevent young children 
                from becoming gang involved, including the 
                award of grants or contracts to community-based 
                service providers that have a proven track 
                record of providing services to children ages 5 
                to 18.
                    [(D) Saturation jobs programs, offered 
                either separately or in conjunction with the 
                services provided for under the Youth Fair 
                Chance Program, that provide employment 
                opportunities leading to permanent unsubsidized 
                employment for disadvantaged young adults 16 
                through 25 years of age.
                    [(E) Midnight sports league programs that 
                shall require each player in the league to 
                attend employment counseling, job training, and 
                other educational classes provided under the 
                program, which shall be held in conjunction 
                with league sports games at or near the site of 
                the games.
                    [(F) Supervised sports and recreation 
                programs, including Olympic Youth Development 
                Centers established in cooperation with the 
                United States Olympic Committee, that are 
                offered--
                            [(i) after school and on weekends 
                        and holidays, during the school year; 
                        and
                            [(ii) as daily (or weeklong) full-
                        day programs (to the extent available 
                        resources permit) or as part-day 
                        programs, during the summer months.
                    [(G) Prevention and enforcement programs to 
                reduce--
                            [(i) the formation or continuation 
                        of juvenile gangs; and
                            [(ii) the use and sale of illegal 
                        drugs by juveniles.
                    [(H) Youth anticrime councils to give 
                intermediate and secondary school students a 
                structured forum through which to work with 
                community organizations, law enforcement 
                officials, government and media 
                representatives, and school administrators and 
                faculty to address issues regarding youth and 
                violence.
                    [(I) Award of grants or contracts to the 
                Boys and Girls Clubs of America, a national 
                nonprofit youth organization, to establish Boys 
                and Girls Clubs in public housing.
                    [(J) Supervised visitation centers for 
                children who have been removed from their 
                parents and placed outside the home as a result 
                of abuse or neglect or other risk of harm to 
                them and for children whose parents are 
                separated or divorced and the children are at 
                risk because--
                            [(i) there is documented sexual, 
                        physical, or emotional abuse as 
                        determined by a court of competent 
                        jurisdiction;
                            [(ii) there is suspected or 
                        elevated risk of sexual, physical, or 
                        emotional abuse, or there have been 
                        threats of parental abduction of the 
                        child;
                            [(iii) due to domestic violence, 
                        there is an ongoing risk of harm to a 
                        parent or child;
                            [(iv) a parent is impaired because 
                        of substance abuse or mental illness;
                            [(v) there are allegations that a 
                        child is at risk for any of the reasons 
                        stated in clauses (i), (ii), (iii), and 
                        (iv), pending an investigation of the 
                        allegations; or
                            [(vi) other circumstances, as 
                        determined by a court of competent 
                        jurisdiction, point to the existence of 
                        such a risk.
                    [(K) Family Outreach Teams which provide a 
                youth worker, a parent worker, and a school-
                parent organizer to provide training in 
                outreach, mentoring, community organizing and 
                peer counseling and mentoring to locally 
                recruited volunteers in a particular area.
                    [(L) To establish corridors of safety for 
                senior citizens by increasing the numbers, 
                presence, and watchfulness of law enforcement 
                officers, community groups, and business owners 
                and employees.
                    [(M) Teams or units involving both 
                specially trained law enforcement professionals 
                and child or family services professionals that 
                on a 24-hour basis respond to or deal with 
                violent incidents in which a child is involved 
                as a perpetrator, witness, or victim.
                    [(N) Dwelling units to law enforcement 
                officers without charge or at a substantially 
                reduced rent for the purpose of providing 
                greater security for residents of high crime 
                areas.
    [(b) Timing of Payments.--The Attorney General shall pay 
each amount allocated under this subtitle to a unit of general 
local government for a payment period by the later of 90 days 
after the date the amount is available or the first day of the 
payment period if the unit of general local government has 
provided the Attorney General with the assurances required by 
section 30203(d).
    [(c) Adjustments.--
            [(1) In general.--Subject to paragraph (2), the 
        Attorney General shall adjust a payment under this 
        subtitle to a unit of general local government to the 
        extent that a prior payment to the government was more 
        or less than the amount required to be paid.
            [(2) Considerations.--The Attorney General may 
        increase or decrease under this subsection a payment to 
        a unit of general local government only if the Attorney 
        General determines the need for the increase or 
        decrease, or the unit requests the increase or 
        decrease, within one year after the end of the payment 
        period for which the payment was made.
    [(d) Reservation for Adjustments.--The Attorney General may 
reserve a percentage of not more than 2 percent of the amount 
under this section for a payment period for all units of 
general local government in a State if the Attorney General 
considers the reserve is necessary to ensure the availability 
of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of general local 
government in the State.
    [(e) Repayment of Unexpended Amounts.--
            [(1) Repayment required.--A unit of general local 
        government shall repay to the Attorney General, by not 
        later than 15 months after receipt from the Attorney 
        General, any amount that is--
                    [(A) paid to the unit from amounts 
                appropriated under the authority of this 
                section; and
                    [(B) not expended by the unit within one 
                year after receipt from the Attorney General.
            [(2) Penalty for failure to repay.--If the amount 
        required to be repaid is not repaid, the Attorney 
        General shall reduce payments in future payment periods 
        accordingly.
            [(3) Deposit of amounts repaid.--Amounts received 
        by the Attorney General as repayments under this 
        subsection shall be deposited in a designated fund for 
        future payments to units of general local government.
    [(f) Nonsupplanting Requirement.--Funds made available 
under this subtitle to units of local government shall not be 
used to supplant State or local funds, but will be used to 
increase the amount of funds that would, in the absence of 
funds under this subtitle, be made available from State or 
local sources.

[SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.

    [(a) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this subtitle--
            [(1) $75,940,000 for fiscal year 1996;
            [(2) $75,940,000 for fiscal year 1997;
            [(3) $75,940,000 for fiscal year 1998;
            [(4) $75,940,000 for fiscal year 1999; and
            [(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
    [(b) Administrative Costs.--Up to 2.5 percent of the amount 
authorized to be appropriated under subsection (b) is 
authorized to be appropriated for the period fiscal year 1995 
through fiscal year 2000 to be available for administrative 
costs by the Attorney General in furtherance of the purposes of 
the program. Such sums are to remain available until expended.

[SEC. 30203. QUALIFICATION FOR PAYMENT.

    [(a) In General.--The Attorney General shall issue 
regulations establishing procedures under which eligible units 
of general local government are required to provide notice to 
the Attorney General of the units' proposed use of assistance 
under this subtitle.
    [(b) General Requirements for Qualification.--A unit of 
general local government qualifies for a payment under this 
subtitle for a payment period only after establishing to the 
satisfaction of the Attorney General that--
            [(1) the government will establish a trust fund in 
        which the government will deposit all payments received 
        under this subtitle;
            [(2) the government will use amounts in the trust 
        fund (including interest) during a reasonable period;
            [(3) the government will expend the payments so 
        received, in accordance with the laws and procedures 
        that are applicable to the expenditure of revenues of 
        the government;
            [(4) if at least 25 percent of the pay of 
        individuals employed by the government in a public 
        employee occupation is paid out of the trust fund, 
        individuals in the occupation any part of whose pay is 
        paid out of the trust fund will receive pay at least 
        equal to the prevailing rate of pay for individuals 
        employed in similar public employee occupations by the 
        government;
            [(5) the government will use accounting, audit, and 
        fiscal procedures that conform to guidelines which 
        shall be prescribed by the Attorney General. As 
        applicable, amounts received under this subtitle shall 
        be audited in compliance with the Single Audit Act of 
        1984;
            [(6) after reasonable notice to the government, the 
        government will make available to the Attorney General 
        and the Comptroller General of the United States, with 
        the right to inspect, records the Attorney General 
        reasonably requires to review compliance with this 
        subtitle or the Comptroller General of the United 
        States reasonably requires to review compliance and 
        operations;
            [(7) the government will make reports the Attorney 
        General reasonably requires, in addition to the annual 
        reports required under this subtitle; and
            [(8) the government will spend the funds only for 
        the purposes set forth in section 30201(a)(2).
    [(c) Review by Governors.--A unit of general local 
government shall give the chief executive officer of the State 
in which the government is located an opportunity for review 
and comment before establishing compliance with subsection (d).
    [(d) Sanctions for Noncompliance.--
            [(1) In general.--If the Attorney General decides 
        that a unit of general local government has not 
        complied substantially with subsection (b) or 
        regulations prescribed under subsection (b), the 
        Attorney General shall notify the government. The 
        notice shall state that if the government does not take 
        corrective action by the 60th day after the date the 
        government receives the notice, the Attorney General 
        will withhold additional payments to the government for 
        the current payment period and later payment periods 
        until the Attorney General is satisfied that the 
        government--
                    [(A) has taken the appropriate corrective 
                action; and
                    [(B) will comply with subsection (b) and 
                regulations prescribed under subsection (b).
            [(2) Notice.--Before giving notice under paragraph 
        (1), the Attorney General shall give the chief 
        executive officer of the unit of general local 
        government reasonable notice and an opportunity for 
        comment.
            [(3) Payment conditions.--The Attorney General may 
        make a payment to a unit of general local government 
        notified under paragraph (1) only if the Attorney 
        General is satisfied that the government--
                    [(A) has taken the appropriate corrective 
                action; and
                    [(B) will comply with subsection (b) and 
                regulations prescribed under subsection (b).

[SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.

    [(a) State Distribution.--For each payment period, the 
Attorney General shall allocate out of the amount appropriated 
for the period under the authority of section 30202--
            [(1) 0.25 percent to each State; and
            [(2) of the total amount of funds remaining after 
        allocation under paragraph (1), an amount that is equal 
        to the ratio that the number of part 1 violent crimes 
        reported by such State to the Federal Bureau of 
        Investigation for 1993 bears to the number of part 1 
        violent crimes reported by all States to the Federal 
        Bureau of Investigation for 1993.
    [(b) Local Distribution.--(1) The Attorney General shall 
allocate among the units of general local government in a State 
the amount allocated to the State under paragraphs (1) and (2) 
of subsection (a).
    [(2) The Attorney General shall allocate to each unit of 
general local government an amount which bears the ratio that 
the number of part 1 violent crimes reported by such unit to 
the Federal Bureau of Investigation for 1993 bears to the 
number of part 1 violent crimes reported by all units in the 
State in which the unit is located to the Federal Bureau of 
Investigation for 1993 multiplied by the ratio of the 
population living in all units in the State in which the unit 
is located that reported part 1 violent crimes to the Federal 
Bureau of Investigation for 1993 bears to the population of the 
State; or if such data are not available for a unit, the ratio 
that the population of such unit bears to the population of all 
units in the State in which the unit is located for which data 
are not available multiplied by the ratio of the population 
living in units in the State in which the unit is located for 
which data are not available bears to the population of the 
State.
    [(3) If under paragraph (2) a unit is allotted less than 
$5,000 for the payment period, the amount allotted shall be 
transferred to the Governor of the State who shall equitably 
distribute the allocation to all such units or consortia 
thereof.
    [(4) If there is in a State a unit of general local 
government that has been incorporated 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 allocate to this newly incorporated local government, out 
of the amount allocated to the State under this section, an 
amount bearing the same ratio to the amount allocated to the 
State as the population of the newly incorporated local 
government bears to the population of the State. If there is in 
the State a unit of general local government that 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 this local government to the unit of 
general local government that annexed it.
    [(c) Unavailability of Information.--For purposes of this 
section, if data regarding part 1 violent crimes in any State 
for 1993 is unavailable or substantially inaccurate, the 
Attorney General shall utilize the best available comparable 
data regarding the number of violent crimes for 1993 for such 
State for the purposes of allocation of any funds under this 
subtitle.

[SEC. 30205. UTILIZATION OF PRIVATE SECTOR.

    [Funds or a portion of funds allocated under this subtitle 
may be utilized to contract with private, nonprofit entities or 
community-based organizations to carry out the uses specified 
under section 30201(a)(2).

[SEC. 30206. PUBLIC PARTICIPATION.

    [A unit of general local government expending payments 
under this subtitle shall hold at least one public hearing on 
the proposed use of the payment in relation to its entire 
budget. At the hearing, persons shall be given an opportunity 
to provide written and oral views to the governmental authority 
responsible for enacting the budget and to ask questions about 
the entire budget and the relation of the payment to the entire 
budget. The government shall hold the hearing at a time and a 
place that allows and encourages public attendance and 
participation.

[SEC. 30207. ADMINISTRATIVE PROVISIONS.

    [The administrative provisions of part H of the Omnibus 
Crime Control and Safe Streets Act of 1968, shall apply to the 
Attorney General for purposes of carrying out this subtitle.

[SEC. 30208. DEFINITIONS.

    [For purposes of this subtitle:
            [(1) The term ``unit of general local government'' 
        means--
                    [(A) a county, township, city, or political 
                subdivision of a county, township, or city, 
                that is a unit of general local government as 
                determined by the Secretary of Commerce for 
                general statistical purposes; and
                    [(B) the District of Columbia and the 
                recognized governing body of an Indian tribe or 
                Alaskan Native village that carries out 
                substantial governmental duties and powers.
            [(2) The term ``payment period'' means each 1-year 
        period beginning on October 1 of the years 1995 through 
        2000.
            [(3) The term ``State'' means any State of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, and the Northern Mariana Islands, 
        except that American Samoa, Guam, and the Northern 
        Mariana Islands shall be considered as one State and 
        that, for purposes of section 30204(a), 33 per centum 
        of the amounts allocated shall be allocated to American 
        Samoa, 50 per centum to Guam, and 17 per centum to the 
        Northern Mariana Islands.
            [(4) The term ``children'' means persons who are 
        not younger than 5 and not older than 18 years old.
            [(5) The term ``part 1 violent crimes'' means 
        murder and non-negligent manslaughter, forcible rape, 
        robbery, and aggravated assault as reported to the 
        Federal Bureau of Investigation for purposes of the 
        Uniform Crime Reports.]
          * * * * * * *

        [Subtitle G--Assistance for Delinquent and At-Risk Youth

[SEC. 30701. GRANT AUTHORITY.

    [(a) Grants.--
            [(1) In general.--In order to prevent the 
        commission of crimes or delinquent acts by juveniles, 
        the Attorney General may make grants to public or 
        private nonprofit organizations to support the 
        development and operation of projects to provide 
        residential services to youth, aged 11 to 19, who--
                    [(A) have dropped out of school;
                    [(B) have come into contact with the 
                juvenile justice system; or
                    [(C) are at risk of dropping out of school 
                or coming into contact with the juvenile 
                justice system.
            [(2) Consultation with the ounce of prevention 
        council.--The Attorney General may consult with the 
        Ounce of Prevention Council in making grants under 
        paragraph (1).
            [(3) Services.--Such services shall include 
        activities designed to--
                    [(A) increase the self-esteem of such 
                youth;
                    [(B) assist such youth in making healthy 
                and responsible choices;
                    [(C) improve the academic performance of 
                such youth pursuant to a plan jointly developed 
                by the applicant and the school which each such 
                youth attends or should attend; and
                    [(D) provide such youth with vocational and 
                life skills.
    [(b) Applications.--
            [(1) In general.--A public agency or private 
        nonprofit organization which desires a grant under this 
        section shall submit an application at such time and in 
        such manner as the Attorney General may prescribe.
            [(2) Contents.--An application under paragraph (1) 
        shall include--
                    [(A) a description of the program developed 
                by the applicant, including the activities to 
                be offered;
                    [(B) a detailed discussion of how such 
                program will prevent youth from committing 
                crimes or delinquent acts;
                    [(C) evidence that such program--
                            [(i) will be carried out in 
                        facilities which meet applicable State 
                        and local laws with regard to safety;
                            [(ii) will include academic 
                        instruction, approved by the State, 
                        Indian tribal government, or local 
                        educational agency, which meets or 
                        exceeds State, Indian tribal 
                        government, and local standards and 
                        curricular requirements; and
                            [(iii) will include instructors and 
                        other personnel who possess such 
                        qualifications as may be required by 
                        applicable State or local laws; and
                    [(D) specific, measurable outcomes for 
                youth served by the program.
    [(c) Consideration of Applications.--Not later than 60 days 
following the submission of applications, the Attorney General 
shall--
            [(1) approve each application and disburse the 
        funding for each such application; or
            [(2) disapprove the application and inform the 
        applicant of such disapproval and the reasons therefor.
    [(d) Reports.--A grantee under this section shall annually 
submit a report to the Attorney General that describes the 
activities and accomplishments of such program, including the 
degree to which the specific youth outcomes are met.
    [(e) Definitions.--In this subtitle--
            [``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including Alaska Native village (as defined in 
        or established under 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.
            [``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, American Samoa, Guam, and the Northern 
        Mariana Islands.

[SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated for grants under 
section 30701--
            [(1) $5,400,000 for fiscal year 1996;
            [(2) $6,300,000 for fiscal year 1997;
            [(3) $7,200,000 for fiscal year 1998;
            [(4) $8,100,000 for fiscal year 1999; and
            [(5) $9,000,000 for fiscal year 2000.]
          * * * * * * *

           Subtitle X--Gang Resistance Education and Training

SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.

    (a) * * *
    (b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section--
            [(1) $9,000,000 for fiscal year 1995;
            [(2) $7,200,000 for fiscal year 1996;
            [(3) $7,200,000 for fiscal year 1997;
            [(4) $7,200,000 for fiscal year 1998;
            [(5) $7,200,000 for fiscal year 1999; and
            [(6) $7,720,000 for fiscal year 2000.]
            (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.

           *       *       *       *       *       *       *


                  TITLE XVII--CRIMES AGAINST CHILDREN

   Subtitle A--Jacob Wetterling Crimes Against Children and Sexually 
                   Violent Offender Registration Act

SEC. 170101. JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY 
                    VIOLENT OFFENDER REGISTRATION PROGRAM.

    (a) In General.--
            (1) State guidelines.--The Attorney General shall 
        establish guidelines for State programs that require--
                    (A) * * *
                    (B) a person who is a sexually violent 
                predator to register a current address [unless 
                such requirement is terminated under] for the 
                time period specified in subparagraph (B) of 
                subsection (b)(6).

           *       *       *       *       *       *       *


TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

           *       *       *       *       *       *       *


        [Subtitle E--Improved Training and Technical Automation

[SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.

    [(a) Grants.--
            [(1) In general.--The Attorney General shall, 
        subject to the availability of appropriations, make 
        grants to State, Indian tribal, and local criminal 
        justice agencies and to nonprofit organizations for the 
        purposes of improving criminal justice agency 
        efficiency through computerized automation and 
        technological improvements.
            [(2) Types of programs.--Grants under this section 
        may include programs to--
                    [(A) increase use of mobile digital 
                terminals;
                    [(B) improve communications systems, such 
                as computer-aided dispatch and incident 
                reporting systems;
                    [(C) accomplish paper-flow reduction;
                    [(D) establish or improve ballistics 
                identification programs;
                    [(E) increase the application of automated 
                fingerprint identification systems and their 
                communications on an interstate and intrastate 
                basis; and
                    [(F) improve computerized collection of 
                criminal records.
            [(3) Funding.--No funds under this subtitle may be 
        used to implement any cryptographic or digital 
        telephony programs.
    [(b) Training and Investigative Assistance.--
            [(1) In general.--The Attorney General shall, 
        subject to the availability of appropriations--
                    [(A) expand and improve investigative and 
                managerial training courses for State, Indian 
                tribal, and local law enforcement agencies; and
                    [(B) develop and implement, on a pilot 
                basis with no more than 10 participating 
                cities, an intelligent information system that 
                gathers, integrates, organizes, and analyzes 
                information in active support of investigations 
                by Federal, State, and local law enforcement 
                agencies of violent serial crimes.
            [(2) Improvement of facilities.--The improvement 
        described in subsection (a) shall include improvements 
        of the training facilities of the Federal Bureau of 
        Investigation Academy at Quantico, Virginia.
            [(3) Intelligent information system.--The 
        intelligent information system described in paragraph 
        (1)(B) shall be developed and implemented by the 
        Federal Bureau of Investigation and shall utilize the 
        resources of the Violent Criminal Apprehension Program.
    [(c) Authorization of Appropriations.--There are authorized 
to be appropriated--
            [(1) to carry out subsection (a)--
                    [(A) $10,000,000 for fiscal year 1996;
                    [(B) $20,000,000 for fiscal year 1997;
                    [(C) $23,000,000 for fiscal year 1998;
                    [(D) $23,000,000 for fiscal year 1999; and
                    [(E) $24,000,000 for fiscal year 2000.
            [(2) to carry out subsection (b)(1)--
                    [(A) $4,000,000 for fiscal year 1996;
                    [(B) $2,000,000 for fiscal year 1997;
                    [(C) $3,000,000 for fiscal year 1998;
                    [(D) $5,000,000 for fiscal year 1999; and
                    [(E) $6,000,000 for fiscal year 2000; and
            [(3) to carry out subsection (b)(2)--
                    [$10,000,000 for fiscal year 1996.
    [(d) Definitions.--In this section--
            [``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including an Alaska Native village (as defined 
        in or established under 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.
            [``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, and 
        the United States Virgin Islands.

                 [Subtitle F--Other State and Local Aid

[SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS.

    [Section 1001(a) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended--
            [(1) in paragraph (1) by striking ``1993 and 1994'' 
        and inserting ``1994 and 1995'';
            [(2) in paragraph (2) by striking ``1993 and 1994'' 
        and inserting ``1994 and 1995'';
            [(3) in paragraph (3) by striking ``1993 and 1994'' 
        and inserting ``1994 and 1995'';
            [(4) in paragraph (5) by striking ``1993 and 1994'' 
        and inserting ``1994 and 1995'';
            [(5) in paragraph (6) by inserting ``and 1995'' 
        after ``1994'';
            [(6) in paragraph (7) by striking ``1991, 1992, 
        1993, and 1994,'' and inserting ``1994 and 1995'';
            [(7) in paragraph (8) by inserting ``and 1995'' 
        after ``1994''; and
            [(8) in paragraph (9) by inserting ``and 1995'' 
        after ``1994''.

[SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE 
                    COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.

    [(a) In General.--The Attorney General shall, subject to 
the availability of appropriation, make grants for States and 
units of local government to pay the costs of providing 
increased resources for courts, prosecutors, public defenders, 
and other criminal justice participants as necessary to meet 
the increased demands for judicial activities resulting from 
the provisions of this Act and amendments made by this Act.
    [(b) Applications.--In carrying out this section, the 
Attorney General may make grants to, or enter into contracts 
with public or private agencies, institutions, or organizations 
or individuals to carry out any purpose specified in this 
section. The Attorney General shall have final authority over 
all funds awarded under this section.
    [(c) Records.--Each recipient that receives a grant under 
this section shall keep such records as the Attorney General 
may require to facilitate an effective audit.
    [(d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            [(1) $23,000,000 for fiscal year 1996;
            [(2) $30,000,000 for fiscal year 1997;
            [(3) $30,000,000 for fiscal year 1998;
            [(4) $32,000,000 for fiscal year 1999; and
            [(5) $35,000,000 for fiscal year 2000,
to remain available for obligation until expended.

[SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO 
                    FUND ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN 
                    VIOLENCE PREVENTION ACT AND THE NATIONAL CHILD 
                    PROTECTION ACT OF 1993.

    [(a) Appropriations.--Of the amounts authorized in Sections 
103(k) and 106(b)(2) of the Brady Handgun Violence Prevention 
Act (18 U.S.C. 922 note) and in section 4(b) of the National 
Child Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of 
$100,000,000 for fiscal year 1995, $25,000,000 for fiscal year 
1996, and $25,000,000 for fiscal year 1997 may be appropriated 
from the Violent Crime Reduction Trust Fund established by this 
Act.
    [(b) Technical Amendment.--Sections 103(k) and 106(b) of 
the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) 
are each amended by striking ``, which may be appropriated from 
the Violent Crime Reduction Trust Fund,''.]
          * * * * * * *
                              ----------                              


                      TITLE 18, UNITED STATES CODE

          * * * * * * *

                             PART I--CRIMES

          * * * * * * *

                 CHAPTER 25--COUNTERFEITING AND FORGERY

          * * * * * * *

Sec. 475. Imitating obligations or securities; advertisements

    Whoever designs, engraves, prints, makes, or executes, or 
utters, issues, distributes, circulates, or uses any business 
or professional card, notice, placard, circular, handbill, or 
advertisement in the likeness or similitude of any obligation 
or security of the United States issued under or authorized by 
any Act of Congress or writes, prints, or otherwise impresses 
upon or attaches to any such instrument, obligation, or 
security, or any coin of the United States, any business or 
professional card, notice, or advertisement, or any notice or 
advertisement whatever, shall be fined under this title. 
Nothing in this section applies to evidence of postage payment 
approved by the United States Postal Service.
          * * * * * * *

                CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES

          * * * * * * *

Sec. 716. Police badges

    (a) * * *
    (b) It is a defense to a prosecution under this section 
that the badge is a genuine police badge and is used or is 
intended to be used exclusively--
            (1) * * *
          * * * * * * *
    (d) It is a defense to a prosecution under this section 
that the badge is a counterfeit police badge and is used or is 
intended to be used exclusively--
            (1) for a dramatic presentation, such as a 
        theatrical, film, or television production; or
            (2) for legitimate law enforcement purposes.

           *       *       *       *       *       *       *


CHAPTER 87--PRISONS

           *       *       *       *       *       *       *


Sec. 1791. Providing or possessing contraband in prison

    (a) Offense.--Whoever--
            (1) in violation of a statute or a rule or order 
        issued under a statute, provides to an inmate of a 
        prison or an individual in the custody of the Attorney 
        General or the Bureau of Prisons or any institution or 
        facility in which the person is confined by direction 
        of the Attorney General a prohibited object, or 
        attempts to do so; or
            (2) being an inmate of a prison or an individual in 
        the custody of the Attorney General or the Bureau of 
        Prisons or any institution or facility in which the 
        person is confined by direction of the Attorney 
        General, makes, possesses, or obtains, or attempts to 
        make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this 
section.

           *       *       *       *       *       *       *


CHAPTER 95--RACKETEERING

           *       *       *       *       *       *       *


Sec. 1960. Prohibition of unlicensed money transmitting businesses

    (a) * * *
    (b) As used in this section--
            (1) the term ``unlicensed money transmitting 
        business'' means a money transmitting business which 
        affects interstate or foreign commerce in any manner or 
        degree and--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) otherwise involves the transportation 
                or transmission of funds that are known to the 
                defendant to have been derived from a criminal 
                offense or are intended [to be used to be used] 
                to be used to promote or support unlawful 
                activity;

           *       *       *       *       *       *       *


CHAPTER 109A--SEXUAL ABUSE

           *       *       *       *       *       *       *


Sec. 2241. Aggravated sexual abuse

    (a) By Force or Threat.--Whoever, in the special maritime 
and territorial jurisdiction of the United States or in a 
Federal prison, or in the custody of the Attorney General or 
the Bureau of Prisons or any institution or facility in which 
the person is confined by direction of the Attorney General, 
knowingly causes another person to engage in a sexual act--
            (1) * * *

           *       *       *       *       *       *       *

    (b) By Other Means.--Whoever, in the special maritime and 
territorial jurisdiction of the United States or in a Federal 
prison, or in the custody of the Attorney General or the Bureau 
of Prisons or any institution or facility in which the person 
is confined by direction of the Attorney General, knowingly--
            (1) * * *

           *       *       *       *       *       *       *

    (c) With Children.--Whoever crosses a State line with 
intent to engage in a sexual act with a person who has not 
attained the age of 12 years, or in the special maritime and 
territorial jurisdiction of the United States or in a Federal 
prison, or in the custody of the Attorney General or the Bureau 
of Prisons or any institution or facility in which the person 
is confined by direction of the Attorney General, knowingly 
engages in a sexual act with another person who has not 
attained the age of 12 years, or knowingly engages in a sexual 
act under the circumstances described in subsections (a) and 
(b) with another person who has attained the age of 12 years 
but has not attained the age of 16 years (and is at least 4 
years younger than the person so engaging), or attempts to do 
so, shall be fined under this title, imprisoned for any term of 
years or life, or both. If the defendant has previously been 
convicted of another Federal offense under this subsection, or 
of a State offense that would have been an offense under either 
such provision had the offense occurred in a Federal prison, 
unless the death penalty is imposed, the defendant shall be 
sentenced to life in prison.

           *       *       *       *       *       *       *


Sec. 2242. Sexual abuse

    Whoever, in the special maritime and territorial 
jurisdiction of the United States or in a Federal prison, or in 
the custody of the Attorney General or the Bureau of Prisons or 
any institution or facility in which the person is confined by 
direction of the Attorney General, knowingly--
            (1) * * *

           *       *       *       *       *       *       *


Sec. 2243. Sexual abuse of a minor or ward

    (a) Of a Minor.--Whoever in the special maritime and 
territorial jurisdiction of the United States or in a Federal 
prison, or in the custody of the Attorney General or the Bureau 
of Prisons or any institution or facility in which the person 
is confined by direction of the Attorney General, knowingly 
engages in a sexual act with another person who--
            (1) * * *

           *       *       *       *       *       *       *

    (b) Of a Ward.--Whoever, in the special maritime and 
territorial jurisdiction of the United States or in a Federal 
prison, or in the custody of the Attorney General or the Bureau 
of Prisons or any institution or facility in which the person 
is confined by direction of the Attorney General, knowingly 
engages in a sexual act with another person who is--
            (1) * * *

           *       *       *       *       *       *       *

or attempts to do so, shall be fined under this title, 
imprisoned not more than [one year] five years, or both.

Sec. 2244. Abusive sexual contact

    (a) Sexual Conduct in Circumstances Where Sexual Acts Are 
Punished by This Chapter.--Whoever, in the special maritime and 
territorial jurisdiction of the United States or in a Federal 
prison, or in the custody of the Attorney General or the Bureau 
of Prisons or any institution or facility in which the person 
is confined by direction of the Attorney General, knowingly 
engages in or causes sexual contact with or by another person, 
if so to do would violate--
            (1) section 2241 of this title had the sexual 
        contact been a sexual act, shall be fined under this 
        title, imprisoned not more than ten years, or both;
            (2) section 2242 of this title had the sexual 
        contact been a sexual act, shall be fined under this 
        title, imprisoned not more than three years, or both;
            (3) subsection (a) of section 2243 of this title 
        had the sexual contact been a sexual act, shall be 
        fined under this title, imprisoned not more than two 
        years, or both; or
            (4) subsection (b) of section 2243 of this title 
        had the sexual contact been a sexual act, shall be 
        fined under this title, imprisoned not more than [six 
        months] two years, or both.
    (b) In Other Circumstances.--Whoever, in the special 
maritime and territorial jurisdiction of the United States or 
in a Federal prison, or in the custody of the Attorney General 
or the Bureau of Prisons or any institution or facility in 
which the person is confined by direction of the Attorney 
General, knowingly engages in sexual contact with another 
person without that other person's permission shall be fined 
under this title, imprisoned not more than [six months] two 
years, or both.

           *       *       *       *       *       *       *


CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

           *       *       *       *       *       *       *


Sec. 2261. Interstate domestic violence

    (a) Offenses.--
            (1) Travel or conduct of offender.--A person who 
        travels in interstate or foreign commerce or enters or 
        leaves Indian country with the intent to kill, injure, 
        harass, or intimidate a spouse [or intimate partner], 
        intimate partner, or dating partner, and who, in the 
        course of or as a result of such travel, commits or 
        attempts to commit a crime of violence against that 
        spouse [or intimate partner], intimate partner, or 
        dating partner, shall be punished as provided in 
        subsection (b).
            (2) Causing travel of victim.--A person who causes 
        a spouse [or intimate partner], intimate partner, or 
        dating partner to travel in interstate or foreign 
        commerce or to enter or leave Indian country by force, 
        coercion, duress, or fraud, and who, in the course of, 
        as a result of, or to facilitate such conduct or 
        travel, commits or attempts to commit a crime of 
        violence against that spouse [or intimate partner], 
        intimate partner, or dating partner, shall be punished 
        as provided in subsection (b).

           *       *       *       *       *       *       *


Sec. 2261A. Interstate 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 intimidate, or places under surveillance 
        with the intent to kill, injure, haras, 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 harm to, that person, a member of 
        the immediate family (as defined in section 115) of 
        that person, or the spouse or intimate partner of that 
        person; or
            (2) with the intent--
                    (A) [to kill or injure] to kill, injure, 
                harass, or intimidate, or places under 
                surveillance with the intent to kill, injure, 
                harass, or intimidate, or to cause substantial 
                emtional harm to, 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 
        harm 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),
shall be punished as provided in section 2261(b).

           *       *       *       *       *       *       *


Sec. 2265. Full faith and credit given to protection orders

    (a) Full Faith and Credit.--Any protection order issued 
that is consistent with subsection (b) of this section by the 
court of one [State or Indian tribe] State, Indian tribe, or 
territory (the issuing [State or Indian] State, Indian tribe, 
or territory tribe) shall be accorded full faith and credit by 
the court of another [State or Indian tribe] State, Indian 
tribe, or territory (the enforcing [State or Indian tribe] 
State, Indian tribe, or territory) [and enforced as if it were] 
and enforced by the court and law enforcement personnel of the 
other State, Indian tribal government, or Territory as if it 
were the order of the enforcing [State or tribe] State, Indian 
tribe, or territory.
    (b) Protection Order.--A protection order issued by a 
[State or tribal] State, tribal, or territorial court is 
consistent with this subsection if--
            (1) such court has jurisdiction over the parties 
        and matter under the law of such [State or Indian 
        tribe] State, Indian tribe, or territory; and
            (2) reasonable notice and opportunity to be heard 
        is given to the person against whom the order is sought 
        sufficient to protect that person's right to due 
        process. In the case of ex parte orders, notice and 
        opportunity to be heard must be provided within the 
        time required by [State or tribal] State, tribal, or 
        territorial law, and in any event within a reasonable 
        time after the order is issued, sufficient to protect 
        the respondent's due process rights.
    (c) Cross or Counter Petition.--A protection order issued 
by a [State or tribal] State, tribal, or territorial court 
against one who has petitioned, filed a complaint, or otherwise 
filed a written pleading for protection against abuse by a 
spouse or intimate partner is not entitled to full faith and 
credit if--
            (1) no cross or counter petition, complaint, or 
        other written pleading was filed seeking such a 
        protection order; or
            (2) a cross or counter petition has been filed and 
        the court did not make specific findings that each 
        party was entitled to such an order.
    (d) Notification and Registration.--
            (1) Notification.--A [State or Indian tribe] State, 
        Indian tribe, or territory according full faith and 
        credit to an order by a court of another [State or 
        Indian tribe] State, Indian tribe, or territory shall 
        not notify or require notification of the party against 
        whom a protection order has been issued that the 
        protection order has been registered or filed in that 
        enforcing [State or tribal] State, tribal, or 
        territorial jurisdiction unless requested to do so by 
        the party protected under such order.
            (2) No prior registration or filing as prerequisite 
        for enforcement.--Any protection order that is 
        otherwise consistent with this section shall be 
        accorded full faith and credit, notwithstanding failure 
        to comply with any requirement that the order be 
        registered or filed in the enforcing [State or tribal] 
        State, tribal, or territorial jurisdiction.
    (e) Tribal Court Jurisdiction.--For purposes of this 
section, a tribal court shall have full civil jurisdiction to 
enforce protection orders, including authority to enforce any 
orders through civil contempt proceedings, exclusion of 
violators from Indian lands, and other appropriate mechanisms, 
in matters arising within the authority of the tribe.

Sec. 2265A. Repeat offender provision

    The maximum term of imprisonment for a violation of this 
chapter after a prior interstate domestic violence offense (as 
defined in section 2261) or interstate violation of protection 
order (as defined in section 2262) or interstate stalking (as 
defined in sections 2261A(a) and 2261A(b)) shall be twice the 
term otherwise provided for the violation.

Sec. 2266. Definitions

    In this chapter:
            (1) * * *

           *       *       *       *       *       *       *

            [(5) Protection order.--The term ``protection 
        order'' includes any injunction or other order issued 
        for the purpose of preventing violent or threatening 
        acts or harassment against, or contact or communication 
        with or physical proximity to, another person, 
        including any temporary or final order issued by a 
        civil and criminal court (other than a support or child 
        custody order issued pursuant to State divorce and 
        child custody laws, except to the extent that such an 
        order is entitled to full faith and credit under other 
        Federal law) 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.]
            (5) Protection order, restraining order, or 
        injunction.--The term ``protection order, restraining 
        order, or injunction'' includes--
                    (A) any injunction or other order issued by 
                a civil or criminal court for the purpose of 
                preventing violent or threatening acts or 
                harassment against, sexual violence, or contact 
                or communication with or physical proximity to, 
                another person, including any temporary or 
                final order issued by a civil or criminal court 
                whether obtained by filing an independent 
                action or as a pendente lite order in another 
                proceeding so long as any civil or criminal 
                order was issued in response to a complaint, 
                petition, or motion filed by or on behalf of a 
                person seeking protection; and
                    (B) any support, child custody or 
                visitation provisions, orders, remedies or 
                relief issued as part of a protection order, 
                restraining order, or injunction pursuant to 
                State, tribal, territorial, or local law 
                authorizing the issuance of protection orders, 
                restraining orders, or injunctions for the 
                protection of victims of domestic violence, 
                sexual assault, dating violence, or stalking.

           *       *       *       *       *       *       *


   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

           *       *       *       *       *       *       *


Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

    (1) The Attorney General, Deputy Attorney General, 
Associate Attorney General, or any Assistant Attorney General, 
any acting Assistant Attorney General, or any Deputy Assistant 
Attorney General or acting Deputy Assistant Attorney General in 
the Criminal Division specially designated by the Attorney 
General, may authorize an application to a Federal judge of 
competent jurisdiction for, and such judge may grant in 
conformity with section 2518 of this chapter an order 
authorizing or approving the interception of wire or oral 
communications by the Federal Bureau of Investigation, or a 
Federal agency having responsibility for the investigation of 
the offense as to which the application is made, when such 
interception may provide or has provided evidence of--
            (a) * * *

           *       *       *       *       *       *       *

            (q) any criminal violation of section 229 (relating 
        to chemical weapons)[;] or [sections] section 2332, 
        2332a, 2332b, 2332d, 2332f, 2332g, 2332h, 2339A, 2339B, 
        or 2339C of this title (relating to terrorism); or

           *       *       *       *       *       *       *


      CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND 
TRANSACTIONAL RECORDS ACCESS

           *       *       *       *       *       *       *


Sec. 2703. Required disclosure of customer communications or records

    (a) [Contents of wire or electronic] contents of wire or 
electronic Communications in Electronic Storage.--A 
governmental entity may require the disclosure by a provider of 
electronic communication service of the contents of a wire or 
electronic communication, that is in electronic storage in an 
electronic communications system for one hundred and eighty 
days or less, only pursuant to a warrant issued using the 
procedures described in the Federal Rules of Criminal Procedure 
by a court with jurisdiction over the offense under 
investigation or equivalent State warrant. A governmental 
entity may require the disclosure by a provider of electronic 
communications services of the contents of a wire or electronic 
communication that has been in electronic storage in an 
electronic communications system for more than one hundred and 
eighty days by the means available under subsection (b) of this 
section.
    (b) [Contents of Wire or Electronic] Contents of Wire or 
Electronic Communications in a Remote Computing Service.--(1) * 
* *

           *       *       *       *       *       *       *

    (c) Records Concerning Electronic Communication Service or 
Remote Computing Service.--(1) governmental entity may require 
a provider of electronic communication service or remote 
computing service to disclose a record or other information 
pertaining to a subscriber to or customer of such service (not 
including the contents of communications) only when the 
governmental entity--
            (A) * * *

           *       *       *       *       *       *       *

            (C) has the consent of the subscriber or customer 
        to such disclosure; [or]

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


                   CHAPTER 203--ARREST AND COMMITMENT

Sec.
3041.    Power of courts and magistrates.
     * * * * * * *
3051.    Powers of Special Agents of Bureau of Alcohol, Tobacco, 
          Firearms, and Explosives.

           *       *       *       *       *       *       *


Sec. 3060. Preliminary examination

    (a) * * *

           *       *       *       *       *       *       *

    (c) With the consent of the arrested person, the date fixed 
by the judge or magistrate judge for the preliminary 
examination may be a date later than that prescribed by 
subsection (b), or may be continued one or more times to a date 
subsequent to the date initially fixed therefor. [In the 
absence of such consent of the accused, the date fixed for the 
preliminary hearing may be a date later than that prescribed by 
subsection (b), or may be continued to a date subsequent to the 
date initially fixed therefor, only upon the order of a judge 
of the appropriate United States district court after a finding 
that extraordinary circumstances exist, and that the delay of 
the preliminary hearing is indispensable to the interests of 
justice.] 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.

           *       *       *       *       *       *       *


                        CHAPTER 213--LIMITATIONS

Sec.
3281.    Capital offenses.
     * * * * * * *
3298.    Trafficking-related offenses.

           *       *       *       *       *       *       *


Sec. 3283. Offenses against children

    No statute of limitations that would otherwise preclude 
prosecution for an offense involving the sexual or physical 
abuse, or kidnaping, of a child under the age of 18 years shall 
preclude such prosecution during the life of the child, or for 
ten years after the offense, whichever is longer.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *


CHAPTER 301--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 4006. Subsistence for prisoners

    (a) In general.--The Attorney General or the Secretary of 
Homeland Security, as applicable, shall allow and pay only the 
reasonable and actual cost of the subsistence of prisoners in 
the custody of any marshal of the United States, and shall 
prescribe such regulations for the government of the marshals 
as will enable him to determine the actual and reasonable 
expenses incurred.
    (b) Health care items and services.--
            (1) In general.--Payment for costs incurred for the 
        provision of health care items and services for 
        individuals in the custody of the United States 
        Marshals Service, the Federal Bureau of Investigation 
        and [the Immigration and Naturalization Service shall 
        not exceed the lesser of the amount] the Department of 
        Homeland Security shall be the amount billed, not to 
        exceed the amount that would be paid for the provision 
        of similar health care [items and services under--
                    [(A) the Medicare program] items and 
                services under the Medicare program under title 
                XVIII of the Social Security Act[; or
                    [(B) the Medicaid program under title XIX 
                of such Act of the State in which the services 
                were provided.].

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 322 OF UNITING AND STRENGTHENING AMERICA BY PROVIDING 
  APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM (USA 
                        PATRIOT ACT) ACT OF 2001

                          (Public Law 107-56)

SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.

    Section 2466 of [title 18] title 28, United States Code, is 
amended by designating the present matter as subsection (a), 
and adding at the end the following:
    ``(b) Subsection (a) may be applied to a claim filed by a 
corporation if any majority shareholder, or individual filing 
the claim on behalf of the corporation is a person to whom 
subsection (a) applies.''.
                              ----------                              


             SECTION 316 OF RUNAWAY AND HOMELESS YOUTH ACT

        [GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION

    [Sec. 316. (a) In General.--The Secretary shall make grants 
under this section to private, nonprofit agencies for street-
based outreach and education, including treatment, counseling, 
provision of information, and referral for runaway, homeless, 
and street youth who have been subjected to or are at risk of 
being subjected to sexual abuse.
    [(b) Priority.--In selecting among applicants for grants 
under subsection (a), the Secretary shall give priority to 
agencies that have experience in providing services to runaway, 
homeless, and street youth.
    [(c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            [(1) $7,000,000 for fiscal year 1996;
            [(2) $8,000,000 for fiscal year 1997; and
            [(3) $15,000,000 for fiscal year 1998.
    [(d) Definitions.--For the purposes of this section--
            [(1) the term ``street-based outreach and 
        education'' includes education and prevention efforts 
        directed at offenses committed by offenders who are not 
        known to the victim as well as offenders who are known 
        to the victim; and
            [(2) the term ``street youth'' means a juvenile who 
        spends a significant amount of time on the street or in 
        other areas of exposure to encounters that may lead to 
        sexual abuse.]
                              ----------                              


              SECTION 102 OF THE CONTROLLED SUBSTANCES ACT

    Sec. 102. As used in this title:
    (1)  * * *

           *       *       *       *       *       *       *

    (41)
    (A) The term ``anabolic steroid'' means any drug or 
hormonal substance, chemically and pharmacologically related to 
testosterone (other than estrogens, progestins, 
corticosteroids, and dehydroepiandrosterone), and includes--
            (i)  * * *

           *       *       *       *       *       *       *

            [(xvii) 13b-ethyl-17a-hydroxygon-4-en-3-one;]
            (xvii) 13b-ethyl-17b-hydroxygon-4-en-3-one;

           *       *       *       *       *       *       *

            [(xliv) stanozolol (17a-methyl-17a-hydroxy-[5a]-
        androst-2-eno[3,2-c]-pyrazole);]
            (xliv) stanozolol (17a-methyl-17b-hydroxy-[5a]-
        androst-2-eno[3,2-c]-pyrazole);

           *       *       *       *       *       *       *

                              ----------                              


          SECTION 7 OF THE PRISON RAPE ELIMINATION ACT OF 2003

SEC. 7. NATIONAL PRISON RAPE ELIMINATION COMMISSION.

    (a)  * * *

           *       *       *       *       *       *       *

    (d) Comprehensive Study of the Impacts of Prison Rape.--
            (1)  * * *

           *       *       *       *       *       *       *

            (3) Report.--
                    (A) Distribution.--Not later than [2] 3 
                years after the date of the initial meeting of 
                the Commission, the Commission shall submit a 
                report on the study carried out under this 
                subsection to--
                            (i)  * * *

           *       *       *       *       *       *       *

                              ----------                              


VIOLENCE AGAINST WOMEN ACT OF 2000

           *       *       *       *       *       *       *


             DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000

SEC. 1001. SHORT TITLE.

    This division may be cited as the ``Violence Against Women 
Act of 2000''.

           *       *       *       *       *       *       *


        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.

    (a) In General.--The purpose of this section is to enable 
the Attorney General to award grants to increase the 
availability of civil and criminal legal assistance necessary 
to provide effective aid to adult, youth, and minor victims of 
[domestic violence, dating violence, stalking, or sexual 
assault] domestic violence, dating violence, sexual assault, or 
stalking who are seeking relief in legal matters arising as a 
consequence of that abuse or violence, at minimal or no cost to 
the victims.

           *       *       *       *       *       *       *

    (c) Legal Assistance for Victims Grants.--The Attorney 
General may award grants under this subsection to [private 
nonprofit entities, Indian tribal governments,] nonprofit, 
nongovernmental organizations, Indian tribal governments and 
tribal organizations, territorial organizations, and publicly 
funded organizations not acting in a governmental capacity such 
as law schools, and which shall be used--
            (1) to implement, expand, and establish cooperative 
        efforts and projects between domestic violence, dating 
        violence, and sexual assault victim services 
        organizations and legal assistance providers to provide 
        legal assistance for [victims of domestic violence, 
        dating violence, stalking, and sexual assault] victims 
        of domestic violence, dating violence, sexual assault, 
        and stalking;
            (2) to implement, expand, and establish efforts and 
        projects to provide legal assistance for [victims of 
        domestic violence, dating violence, stalking, and 
        sexual assault] victims of domestic violence, dating 
        violence, sexual assault, and stalking by organizations 
        with a demonstrated history of providing direct legal 
        or advocacy services on behalf of these victims; and
            (3) to provide training, technical assistance, and 
        data collection to improve the capacity of grantees and 
        other entities to offer legal assistance to [victims of 
        domestic violence, dating violence, stalking, and 
        sexual assault] victims of domestic violence, dating 
        violence, sexual assault, and stalking.
    (d) Eligibility.--To be eligible for a grant under 
subsection (c), applicants shall certify in writing that--
            (1) any person providing legal assistance through a 
        program funded under subsection (c) has completed or 
        will complete training in connection with [domestic 
        violence, dating violence, or sexual assault] domestic 
        violence, dating violence, sexual assault, or stalking 
        and related legal issues;
            [(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 
        State, local, or tribal domestic violence, dating 
        violence, or sexual assault program or coalition, as 
        well as appropriate State and local law enforcement 
        officials;
            [(3) any person or organization providing legal 
        assistance through a program funded under subsection 
        (c) has informed and will continue to inform State, 
        local, or tribal domestic violence, dating violence, or 
        sexual assault programs and coalitions, as well as 
        appropriate State and local law enforcement officials 
        of their work; and]
            (2) any training program conducted in satisfaction 
        of the requirement of paragraph (1) has been or will be 
        developed with input from and in collaboration with a 
        tribal, State, territorial, or local domestic violence, 
        dating violence, sexual assault or stalking 
        organization or coalition, as well as appropriate 
        tribal, State, territorial, and local law enforcement 
        officials;
            (3) any person or organization providing legal 
        assistance through a program funded under subsection 
        (c) has informed and will continue to inform tribal, 
        State, territorial, or local domestic violence, dating 
        violence, sexual assault or stalking organizations and 
        coalitions, as well as appropriate tribal, State, 
        territorial, and local law enforcement officials of 
        their work; and
            (4) the grantee's organizational policies do not 
        require mediation or counseling involving offenders and 
        victims physically together, in cases where sexual 
        assault, domestic violence, dating violence, or child 
        sexual abuse is an issue.
    (e) Evaluation.--The Attorney General may evaluate the 
grants funded under this section through contracts or other 
arrangements with entities expert on domestic violence, dating 
violence, stalking, and sexual assault, and on evaluation 
research.
    (f ) Authorization of Appropriations.--
            [(1) In general.--There is authorized to be 
        appropriated to carry out this section $40,000,000 for 
        each of fiscal years 2001 through 2005.]
            (1) In general.--There is authorized to be 
        appropriated to carry out this section $55,000,000 for 
        each of fiscal years 2006 through 2010. Funds 
        appropriated under this section shall remain available 
        until expended and may be used only for the specific 
        programs and activities described in this section. 
        Funds appropriated under this section may not be used 
        for advocacy.
            (2) Allocation of funds.--
                    (A) Tribal programs.--Of the amount made 
                available under this subsection in each fiscal 
                year, not less than [5 percent] 10 percent 
                shall be used for grants for [programs] tribal 
                governments or tribal organizations that assist 
                adult, youth, and minor victims of [domestic 
                violence, dating violence, stalking, and sexual 
                assault] domestic violence, dating violence, 
                sexual assault, and stalking on lands within 
                the jurisdiction of an Indian tribe.
                    (B) Victims of sexual assault.--Of the 
                amount made available under this subsection in 
                each fiscal year, not less than 25 percent 
                shall be used for direct services, training, 
                and [technical assistance to support projects 
                focused solely or primarily on providing legal 
                assistance to victims of sexual assault] 
                technical assistance in civil and crime victim 
                matters to adult, youth, and minor victims of 
                sexual assault.

           *       *       *       *       *       *       *


TITLE V--BATTERED IMMIGRANT WOMEN

           *       *       *       *       *       *       *


SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST 
                    WOMEN ACT OF 1994.

    (a)  * * *

           *       *       *       *       *       *       *

    (c) Eliminating Time Limitations on Motions To Reopen 
Removal and Deportation Proceedings for Victims of Domestic 
Violence.--
            (1)  * * *

           *       *       *       *       *       *       *

            (2) Deportation proceedings.--
                    (A) In general.--[Notwithstanding any 
                limitation imposed by law on motions to reopen 
                or rescind deportation] Notwithstanding any 
                limitation on the number of motions, or the 
                deadlines for filing motions (including the 
                deadline specified in section 242B(c)(3) of the 
                Immigration and Nationality Act before the 
                title III-A effective date), to reopen or 
                rescind deportation or exclusion 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)), [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] such limitations 
                shall not apply to the filing of a single 
                motion under this subparagraph to reopen such 
                proceedings--
                            [(i) 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]
                            (i) if the basis of the motion is 
                        to apply for relief as a VAWA 
                        petitioner (as defined in section 
                        101(a)(51) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(51)) 
                        or under section 244(a)(3) of such Act 
                        (8 U.S.C. 1254(a)(3)); and
                            (ii) if the motion is accompanied 
                        by a suspension of deportation or 
                        adjustment of status application to be 
                        filed with the Attorney General or by a 
                        copy of the self-petition that will be 
                        filed with the Immigration and 
                        Naturalization Service upon the 
                        granting of the motion to reopen.
                The filing of a motion under this subparagraph 
                shall stay the removal of the alien pending a 
                final disposition of the motion including the 
                exhaustion of all appeals if the motion 
                establishes a prima facie case for the relief 
                applied for.
                    (B) Applicability.--Subparagraph (A) shall 
                apply to motions filed by aliens who are 
                physically present in the United States and 
                who--
                            (i) are, or were, in deportation or 
                        exclusion 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)); and
                            (ii) have become eligible 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 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))] for relief described in 
                        subparagraph (A)(i) as a result of the 
                        amendments made by--
                                    (I)  * * *

           *       *       *       *       *       *       *

                              ----------                              


                    IMMIGRATION AND NATIONALITY ACT

                            TITLE I--GENERAL

                              definitions

    Section 101. (a) As used in this Act--
    (1)  * * *

           *       *       *       *       *       *       *

    (15) The term ``immigrant'' means every alien except an 
alien who is within one of the following classes of 
nonimmigrant aliens--
            (A)  * * *

           *       *       *       *       *       *       *

            (T)(i) subject to section 214(o), an alien who the 
        [Attorney General] Secretary of Homeland Security 
        determines--
                            (I)  * * *

           *       *       *       *       *       *       *

                    [(ii) if the Attorney General considers it 
                necessary to avoid extreme hardship--
                            [(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; and
                            [(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,
                if accompanying, or following to join, the 
                alien described in clause (i);]
                    (ii) if accompanying, or following to join, 
                the alien described in clause (i)--
                            (I) in the case of an alien so 
                        described who is under 21 years of age, 
                        the spouse, children, unmarried 
                        siblings under 18 years of age on the 
                        date on which such alien applied for 
                        status under such clause, and parents 
                        of such alien; or
                            (II) in the case of an alien 
                        described in clause (i) who is 21 years 
                        of age or older, the spouse and 
                        children of such alien;

           *       *       *       *       *       *       *

    (51) The term ``VAWA petitioner'' means an alien whose 
application or petition for classification or relief under any 
of the following provisions (whether as a principal or as a 
derivative) has been filed and has not been denied after 
exhaustion of administrative appeals:
            (A) Clause (iii), (iv), or (vii) of section 
        204(a)(1)(A).
            (B) Clause (ii) or (iii) of section 204(a)(1)(B).
            (C) Subparagraph (C) or (D) of section 216(c)(4).
            (D) The first section of Public Law 89-732 
        (commonly known as the Cuban Adjustment Act) as a child 
        or spouse who has been battered or subjected to extreme 
        cruelty.
            (E) Section 902(d)(1)(B) of the Haitian Refugee 
        Immigration Fairness Act of 1998 (division A of section 
        101(h) of Public Law 105-277).
            (F) Section 202(d)(1) of the Nicaraguan Adjustment 
        and Central American Relief Act (8 U.S.C. 1255 note; 
        Public Law 105-100).
            (G) Section 309(c)(5) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 
        (division C of Public Law 104-208; 8 U.S.C. 1101 note).

           *       *       *       *       *       *       *

    (b) As used in titles I and II--
    (1) The term ``child'' means an unmarried person under 
twenty-one years of age who is--
            (A)  * * *

           *       *       *       *       *       *       *

            (E)(i) a child adopted while under the age of 
        sixteen years if the child has been in the legal 
        custody of, and has resided with, the adopting parent 
        or parents for at least two years 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: Provided, That 
        no natural parent of any such adopted child shall 
        thereafter, by virtue of such parentage, be accorded 
        any right, privilege, or status under this Act; or

           *       *       *       *       *       *       *

    (f) For the purposes of this Act--
    No person shall be regarded as, or found to be, a person of 
good moral character who, during the period for which good 
moral character is required to be established, is, or was--
            (1)  * * *

           *       *       *       *       *       *       *

            (3) a member of one or more of the classes of 
        persons, whether inadmissible or not, described in 
        paragraphs (2)(D), (6)(E), and [(9)(A)] (10)(A) of 
        section 212(a) of this Act; or subparagraphs (A) and 
        (B) of section 212(a)(2) and subparagraph (C) thereof 
        of such section (except as such paragraph relates to a 
        single offense of simple possession of 30 grams or less 
        of marihuana); if the offense described therein, for 
        which such person was convicted or of which he admits 
        the commission, was committed during such period;

           *       *       *       *       *       *       *

    (i) With respect to each nonimmigrant alien described in 
subsection (a)(15)(T)(i)--
            (1) the [Attorney General] Secretary of Homeland 
        Security, the Attorney General, and other Government 
        officials, where appropriate, shall provide the alien 
        with a referral to a nongovernmental organization that 
        would advise the alien regarding the alien's options 
        while in the United States and the resources available 
        to the alien; and
            (2) the [Attorney General] Secretary of Homeland 
        Security shall, during the period the alien is in 
        lawful temporary resident status under that subsection, 
        grant the alien authorization to engage in employment 
        in the United States and provide the alien with an 
        ``employment authorized'' endorsement or other 
        appropriate work permit.

           *       *       *       *       *       *       *


                         TITLE II--IMMIGRATION

                      Chapter 1--Selection System

worldwide level of immigration

           *       *       *       *       *       *       *


                procedure for granting immigrant status

    Sec. 204. (a)(1)(A)(i)  * * *

           *       *       *       *       *       *       *

    (iii)(I) An alien who is described in subclause (II) may 
file a petition with the Attorney General under this clause for 
classification of the alien (and any child of the alien) if the 
alien demonstrates to the Attorney General that--
            (aa)  * * *
            (bb) during the marriage or relationship intended 
        by the alien to be legally a marriage or to conclude in 
        a valid marriage or relationship intended by the alien 
        to be legally a marriage, the alien or a child of the 
        alien has been battered or has been the subject of 
        extreme cruelty perpetrated by the alien's spouse or 
        intended spouse.
    (II) For purposes of subclause (I), an alien described in 
this subclause is an alien--
            (aa)(AA) who is the spouse of a citizen of the 
        United States;
            (BB) who believed that he or she had married a 
        citizen of the United States and with whom a marriage 
        ceremony was actually performed and who otherwise meets 
        any applicable requirements under this Act to establish 
        the existence of and bona fides of a marriage, but 
        whose marriage is not legitimate solely because of the 
        bigamy of such citizen of the United States; [or]
            (CC) who was a bona fide spouse of a United States 
        citizen within the past 2 years and--
                    (aaa) whose spouse died within the past 2 
                years;
                    (bbb) whose spouse lost or renounced 
                citizenship status within the past 2 years 
                related to [an incident of domestic violence] 
                battering or extreme cruelty by the United 
                States citizen spouse; or
                    (ccc) who demonstrates a connection between 
                the legal termination of the marriage within 
                the past 2 years and battering or extreme 
                cruelty by the United States citizen spouse; or
            (DD) who entered the United States as an alien 
        described in section 101(a)(15)(K) with the intent to 
        enter into a valid marriage and the alien (or child of 
        the alien) was battered or subject to extreme cruelty 
        in the United States by the United States citizen who 
        filed the petition to accord status under such section;

           *       *       *       *       *       *       *

            (cc) who is eligible to be classified as an 
        immediate relative under section 201(b)(2)(A)(i) [or 
        who], who would have been so classified but for the 
        bigamy of the citizen of the United States that the 
        alien intended to marry, or who is described in subitem 
        (aa)(DD); and
            (dd) who has resided with the alien's spouse or 
        intended spouse or who is described in subitem 
        (aa)(DD).
    (iv) An alien who is the child of a citizen of the United 
States, [or] who was a child of a United States citizen parent 
who within the past 2 years lost or renounced citizenship 
status related to [an incident of domestic violence] battering 
or extreme cruelty by such parent, or who was a child of a 
United States citizen parent who within the past 2 years (or, 
if later, two years after the date the child attains 18 years 
of age) died or otherwise terminated the parent-child 
relationship (as defined under section 101(b)), and who is a 
person of good moral character, who is eligible to be 
classified as an immediate relative under section 
201(b)(2)(A)(i), and who resides, or has resided in the past, 
with the citizen parent may file a petition with the Attorney 
General under this subparagraph for classification of the alien 
(and any child of the alien) under such section if the alien 
demonstrates to the Attorney General that the alien has been 
battered by or has been the subject of extreme cruelty 
perpetrated by the alien's citizen parent. For purposes of this 
clause, residence includes any period of visitation.

           *       *       *       *       *       *       *

    (vii) An alien who--
            (I) is the parent of a citizen of the United States 
        or was a parent of a citizen of the United States who 
        within the past 2 years lost or renounced citizenship 
        status related to battering or extreme cruelty by the 
        United States citizen son or daughter or who within the 
        past two years died;
            (II) is a person of good moral character;
            (III) is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i); and
            (IV) resides, or has resided in the past, with the 
        citizen daughter or son;
may file a petition with the Secretary of Homeland Security 
under this subparagraph for classification of the alien under 
such section if the alien demonstrates that the alien has been 
battered by or has been the subject of extreme cruelty 
perpetrated by the alien's citizen son or daughter.
    (B)(i)  * * *
    (ii)(I)  * * *

           *       *       *       *       *       *       *

    (II) For purposes of subclause (I), an alien described in 
this paragraph is an alien--
            (aa)(AA)  * * *

           *       *       *       *       *       *       *

            (CC) who was a bona fide spouse of a lawful 
        permanent resident within the past 2 years and--
                    (aaa) whose spouse died within the past 2 
                years;
                    [(aaa)] (bbb) whose spouse lost status 
                within the past 2 years [due to an incident of 
                domestic violence] related to battering or 
                extreme cruelty by the lawful permanent 
                resident spouse; or
                    [(bbb)] (ccc) who demonstrates a connection 
                between the legal termination of the marriage 
                within the past 2 years and battering or 
                extreme cruelty by the lawful permanent 
                resident spouse;

           *       *       *       *       *       *       *

    (iii) An alien who is the child of an alien lawfully 
admitted for permanent residence, [or] who was the child of a 
lawful permanent resident who within the past 2 years lost 
lawful permanent resident status [due to an incident of 
domestic violence] related to battering or extreme cruelty by 
such parent, or who was a child of a lawful permanent resident 
resident who within the past 2 years (or, if later, two years 
after the date the child attains 18 years of age) died or 
otherwise terminated the parent-child relationship (as defined 
under section 101(b)), and who is a person of good moral 
character, who is eligible for classification under section 
203(a)(2)(A), and who resides, or has resided in the past, with 
the alien's permanent resident alien parent may file a petition 
with the Attorney General under this subparagraph for 
classification of the alien (and any child of the alien) under 
such section if the alien demonstrates to the Attorney General 
that the alien has been battered by or has been the subject of 
extreme cruelty perpetrated by the alien's permanent resident 
parent.

           *       *       *       *       *       *       *

    (D)(i)(I) Any child who attains 21 years of age who has 
filed a petition under [clause (iv) of section 204(a)(1)(A)] 
subparagraph (A)(iv) that was filed or approved before the date 
on which the child attained 21 years of age shall be considered 
(if the child has not been admitted or approved for lawful 
permanent residence by the date the child attained 21 years of 
age) [a petitioner for preference status under paragraph (1), 
(2), or (3) of section 203(a), whichever paragraph is 
applicable] to continue to be treated as an immediate relative 
under section 201(b)(2)(A)(i), or a petitioner for preference 
status under section 203(a)(3) if subsequently married, with 
the same priority date assigned to the self-petition filed 
under [clause (iv) of section 204(a)(1)(A)] subparagraph 
(A)(iv). Any child who attains 21 years of age who has filed a 
petition under subparagraph (B)(iii) that was filed or approved 
before the date on which the child attained 21 year of age 
shall be considered (if the child has not been admitted or 
approved for lawful permanent residence by the date the child 
attained 21 years of age) a petitioner for preference status 
under section 203(a)(2)(A), with the same priority date 
assigned to the self-petition filed under such subparagraph. No 
new petition shall be required to be filed in either such case.

           *       *       *       *       *       *       *

    (III) Any derivative child who attains 21 years of age who 
is included in a petition described in clause (ii) that was 
filed or approved before the date on which the child attained 
21 years of age shall be considered (if the child has not been 
admitted or approved for lawful permanent residence by the date 
the child attained 21 years of age) a petitioner for preference 
status under [paragraph (1), (2), or (3) of section 203(a)] 
section 203(a)(2)(A), whichever paragraph is applicable, with 
the same priority date as that assigned to the petitioner in 
any petition described in clause (ii). No new petition shall be 
required to be filed.

           *       *       *       *       *       *       *

    (ii) The petition referred to in clause (i)(III) is a 
petition filed by an alien under subparagraph [(A)(iii), 
(A)(iv),] (B)(ii) or (B)(iii) in which the child is included as 
a derivative beneficiary.

           *       *       *       *       *       *       *

    (iv) In the case of an alien who qualified to petition 
under subparagraph (A)(iv) or (B)(iii) as of the date the 
individual attained 21 years of age, the alien may file a 
petition under such respective subparagraph notwithstanding 
that the alien has attained such age or been married so long as 
the petition is filed before the date the individual attains 25 
years of age. In the case of such a petition, the alien shall 
remain eligible for adjustment of status as a child 
notwithstanding that the alien has attained 21 years of age or 
has married, or both.

           *       *       *       *       *       *       *

    (K)(i) In the case of an alien for whom a petition as a 
VAWA petitioner is approved, the alien is eligible for work 
authorization and shall be provided an ``employment 
authorized'' endorsement or other appropriate work permit.
    (ii) A petition as a VAWA petitioner shall be processed 
without regard to whether a proceeding to remove or deport such 
alien is brought or pending.
    (L) Notwithstanding the previous provisions of this 
paragraph, an individual who was a VAWA petitioner or who had 
the status of a nonimmigrant under subparagraph (T) or (U) of 
section 101(a)(15) may not file a petition for classification 
under this section or section 214 to classify any person who 
committed the battery or extreme cruelty or trafficking against 
the individual (or the individual's child) which established 
the individual's (or individual's child's) eligibility as a 
VAWA petitioner or for such nonimmigrant status.

           *       *       *       *       *       *       *


                    adjustment of status of refugees

    Sec. 209. (a)  * * *
    (b) The Secretary of Homeland Security or the Attorney 
General, in the Secretary's or the Attorney General's 
discretion and under such regulations as the Secretary or the 
Attorney General may prescribe, may adjust to the status of an 
alien lawfully admitted for permanent residence the status of 
any alien granted asylum who--
            (1)  * * *

           *       *       *       *       *       *       *

            (3)(A) continues to be a refugee within the meaning 
        of section 101(a)(42)(A) or a spouse or child of such a 
        refugee,
            (B) was the spouse of a refugee within the meaning 
        of section 101(a)(42)(A) at the time the asylum 
        application was granted and who was battered or was the 
        subject of extreme cruelty perpetrated by such refugee 
        or whose child was battered or subjected to extreme 
        cruelty by such refugee (without the active 
        participation of such spouse in the battery or 
        cruelty), or
            (C) was the child of a refugee within the meaning 
        of section 101(a)(42)(A) at the time of the filing of 
        the asylum application and who was battered or was the 
        subject of extreme cruelty perpetrated by such refugee,

           *       *       *       *       *       *       *


 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE 
               FOR ADMISSION; WAIVERS OF INADMISSIBILITY

      Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
            (1)  * * *

           *       *       *       *       *       *       *

            (4) Public charge.--
                    (A)  * * *

           *       *       *       *       *       *       *

                    (C) Family-sponsored immigrants.--Any alien 
                who seeks admission or adjustment of status 
                under a visa number issued under section 
                201(b)(2) or 203(a) is inadmissible under this 
                paragraph unless--
                            [(i) the alien has obtained--
                                    [(I) status as a spouse or 
                                a child of a United States 
                                citizen pursuant to clause 
                                (ii), (iii), or (iv) of section 
                                204(a)(1)(A), or
                                    [(II) classification 
                                pursuant to clause (ii) or 
                                (iii) of section 204(a)(1)(B); 
                                or]
                            (i) the alien is described in 
                        subparagraph (E); or

           *       *       *       *       *       *       *

                    (E) Special rule for battered aliens.--
                Subparagraphs (A) through (C) shall not apply 
                to an alien who is a VAWA petitioner or is a 
                qualified alien described in section 431(c) of 
                the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996.

           *       *       *       *       *       *       *

            (6) Illegal entrants and immigration violators.--
                    (A) Aliens present without admission or 
                parole.--
                            (i)  * * *
                            (ii) Exception for certain battered 
                        women and children.--Clause (i) shall 
                        not apply to an alien who demonstrates 
                        that--
                                    (I) the alien [qualifies 
                                for immigrant status under 
                                subparagraph (A)(iii), (A)(iv), 
                                (B)(ii), or (B)(iii) of section 
                                204(a)(1)] is a VAWA 
                                petitioner,

           *       *       *       *       *       *       *

                    (C) Misrepresentation.--
                            (i)  * * *

           *       *       *       *       *       *       *

                            (iii) Waiver authorized.--For 
                        provision authorizing waiver of [clause 
                        (i)] clauses (i) and (ii), see 
                        subsection (i).

           *       *       *       *       *       *       *

            (9) Aliens previously removed.--
                    (A)  * * *

           *       *       *       *       *       *       *

                    (C) Aliens unlawfully present after 
                previous immigration violations.--
                            (i)  * * *
                            (ii) Exception.--Clause (i) shall 
                        not apply to an alien seeking admission 
                        more than 10 years after the date of 
                        the alien's last departure from the 
                        United States if, prior to the alien's 
                        reembarkation at a place outside the 
                        United States or attempt to be 
                        readmitted from a foreign contiguous 
                        territory, the Attorney General has 
                        consented to the alien's reapplying for 
                        admission. The Attorney General in the 
                        Attorney General's discretion may waive 
                        the provisions of [section 
                        212(a)(9)(C)(i)] clause (i) in the case 
                        of an alien [to whom the Attorney 
                        General has granted classification 
                        under clause (iii), (iv), or (v) of 
                        section 204(a)(1)(A), or classification 
                        under clause (ii), (iii), or (iv) of 
                        section 204(a)(1)(B)] is a VAWA 
                        petitioner, in any case in which there 
                        is a connection between--
                                    [(1)] (I) the alien's 
                                having been battered or 
                                subjected to extreme cruelty; 
                                and
                                    [(2)] (II) the alien's--
                                            [(A)] (aa) removal;
                                            [(B)] (bb) 
                                        departure from the 
                                        United States;
                                            [(C)] (cc) reentry 
                                        or reentries into the 
                                        United States; or
                                            [(D)] (dd) 
                                        attempted reentry into 
                                        the United States.

           *       *       *       *       *       *       *

      (d)(1)  * * *

           *       *       *       *       *       *       *

      (5)(A)  * * *

           *       *       *       *       *       *       *

    (C) Parole is provided for certain battered aliens, 
children of battered aliens, and parents of battered alien 
children under section 240A(b)(4).

           *       *       *       *       *       *       *

    (13)(A) The [Attorney General] Secretary of Homeland 
Security shall determine whether a ground for inadmissibility 
exists with respect to a nonimmigrant described in section 
101(a)(15)(T), except that the ground for inadmissibility 
described in subsection (a)(4) shall not apply with respect to 
such a nonimmigrant.
    (B) In addition to any other waiver that may be available 
under this section, in the case of a nonimmigrant described in 
section 101(a)(15)(T), if the [Attorney General] Secretary of 
Homeland Security considers it to be in the national interest 
to do so, the [Attorney General, in the Attorney General's 
discretion] Secretary, in the Secretary's discretion, may waive 
the application of--
            (i)  * * *

           *       *       *       *       *       *       *

      (e) No person admitted under section 101(a)(15)(J) or 
acquiring such status after admission (i) whose participation 
in the program for which he came to the United States was 
financed in whole or in part, directly or indirectly, by an 
agency of the Government of the United States or by the 
government of the country of his nationality or his last 
residence, (ii) who at the time of admission or acquisition of 
status under section 101(a)(15)(J) was a national or resident 
of a country which the Director of the United States 
Information Agency pursuant to regulations prescribed by him, 
had designated as clearly requiring the services of persons 
engaged in the field of specialized knowledge or skill in which 
the alien was engaged, or (iii) who came to the United States 
or acquired such status in order to receive graduate medical 
education or training, shall be eligible to apply for an 
immigrant visa, or for permanent residence, or for a 
nonimmigrant visa under section 101(a)(15)(H) or section 
101(a)(15)(L) until it is established that such person has 
resided and been physically present in the country of his 
nationality or his last residence for an aggregate of a least 
two years following departure from the United States unless the 
alien is a VAWA petitioner or an applicant for nonimmigrant 
status under subparagraph (T) or (U) of section 101(a)(15): 
Provided, That upon the favorable recommendation of the 
Director, pursuant to the request of an interested United 
States Government agency (or, in the case of an alien described 
in clause (iii), pursuant to the request of a State Department 
of Public Health, or its equivalent), or of the Commissioner of 
Immigration and Naturalization after he has determined that 
departure from the United States would impose exceptional 
hardship upon the alien's spouse or child (if such spouse or 
child is a citizen of the United States or a lawfully resident 
alien), or that the alien cannot return to the country of his 
nationality or last residence because he would be subject to 
persecution on account of race, religion, or political opinion, 
the Attorney General may waive the requirement of such two-year 
foreign residence abroad in the case of any alien whose 
admission to the United States is found by the Attorney General 
to be in the public interest except that in the case of a 
waiver requested by a State Department of Public Health, or its 
equivalent, or in the case of a waiver requested by an 
interested United States Government agency on behalf of an 
alien described in clause (iii), the waiver shall be subject to 
the requirements of section 214(l): And provided further, That, 
except in the case of an alien described in clause (iii), the 
Attorney General may, upon the favorable recommendation of the 
Director, waive such two-year foreign residence requirement in 
any case in which the foreign country of the alien's 
nationality or last residence has furnished the Director a 
statement in writing that it has no objection to such waiver in 
the case of such alien.

           *       *       *       *       *       *       *

      (g) The Attorney General may waive the application of--
            (1) subsection (a)(1)(A)(i) in the case of any 
        alien who--
                    (A)  * * *

           *       *       *       *       *       *       *

                    (C) [qualifies for classification under 
                clause (iii) or (iv) of section 204(a)(1)(A) or 
                classification under clause (ii) or (iii) of 
                section 204(a)(1)(B)] is a VAWA petitioner;

           *       *       *       *       *       *       *

      (h) The Attorney General may, in his discretion, waive 
the application of subparagraphs (A)(i)(I), (B), (D), and (E) 
of subsection (a)(2) and subparagraph (A)(i)(II) of such 
subsection insofar as it relates to a single offense of simple 
possession of 30 grams or less of marijuana if--
            (1)(A)  * * *

           *       *       *       *       *       *       *

                    (C) the alien [qualifies for classification 
                under clause (iii) or (iv) of section 
                204(a)(1)(A) or classification under clause 
                (ii) or (iii) of section 204(a)(1)(B)] is a 
                VAWA petitioner; and

           *       *       *       *       *       *       *

    (i)(1) The Attorney General may, in the discretion of the 
Attorney General, waive the application of clause (i) (and, in 
the case of a VAWA petitioner who demonstrates a connection 
between the false claim of United States citizenship and the 
petitioner being subjected to battery or extreme cruelty, 
clause (ii)) of subsection (a)(6)(C) in the case of an 
immigrant who is the spouse, son, or daughter of a United 
States citizen or of an alien lawfully admitted for permanent 
residence if it is established to the satisfaction of the 
Attorney General that the refusal of admission to the United 
States of such immigrant alien would result in extreme hardship 
to the citizen or lawfully resident spouse or parent of such an 
alien or, in the case of [an alien granted classification under 
clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 
(iii) of section 204(a)(1)(B)] a VAWA petitioner, the alien 
demonstrates extreme hardship to the alien or the alien's 
United States citizen, lawful permanent resident, or qualified 
alien parent or child.

           *       *       *       *       *       *       *


                       admission of nonimmigrants

      Sec. 214. (a)  * * *

           *       *       *       *       *       *       *

      (c)(1)  * * *

           *       *       *       *       *       *       *

    (15) In the case of an alien spouse admitted under 
subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15) 
who is accompanying or following to join a principal alien 
admitted under subparagraph (A), (E)(iii), (G), or (H)(i) of 
such section, respectively, the Secretary of Homeland Security 
shall authorize the alien spouse to engage in employment in the 
United States and provide the spouse with an ``employment 
authorized'' endorsement or other appropriate work permit if 
the alien spouse demonstrates that during the marriage the 
alien spouse or a child of the alien spouse has been battered 
or has been the subject to extreme cruelty perpetrated by the 
spouse of the alien spouse. Requests for relief under this 
paragraph shall be handled under the procedures that apply to 
aliens seeking relief under section 204(a)(1)(A)(iii).
      (d)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(i) until the consular officer has 
received a petition filed in the United States by the fiancee 
or fiance of the applying alien and approved by the Attorney 
General. The petition shall be in such form and contain such 
information as the Attorney General shall, by regulation, 
prescribe. Such information shall include information on any 
criminal convictions of the petitioner for domestic violence, 
sexual assault, or child abuse. It shall be approved only after 
satisfactory evidence is submitted by the petitioner to 
establish that the parties have previously met in person within 
2 years before the date of filing the petition, have a bona 
fide intention to marry, and are legally able and actually 
willing to conclude a valid marriage in the United States 
within a period of ninety days after the alien's arrival, 
except that the Attorney General in his discretion may waive 
the requirement that the parties have previously met in person. 
In the event the marriage with the petitioner does not occur 
within three months after the admission of the said alien and 
minor children, they shall be required to depart from the 
United States and upon failure to do so shall be removed in 
accordance with sections 240 and 241 unless the alien (and the 
child of the alien) entered the United States as an alien 
described in section 101(a)(15)(K) with the intent to enter 
into a valid marriage and the alien or child was battered or 
subject to extreme cruelty in the United States by the United 
States citizen who filed the petition to accord status under 
such section.
    (2)(A) Subject to subparagraph (B), a consular officer may 
not approve a petition under paragraph (1) unless the officer 
has verified that--
            (i) the petitioner has not, previous to the pending 
        petition, petitioned under paragraph (1) with respect 
        to more than 2 applying aliens; and
            (ii) if the petitioner has had such a petition 
        previously approved, 2 years have elapsed since the 
        filing of such previously approved petition.
    (B) The Secretary of Homeland Security may, in the 
discretion of the Secretary, waive the limitation in 
subparagraph (A), if justification exists for such a waiver.
    (3) For purposes of this subsection--
            (A) the term ``child abuse'' means a felony or 
        misdemeanor crime, as defined by Federal or State law, 
        committed by an offender who is a stranger to the 
        victim, or committed by an offender who is known by, or 
        related by blood or marriage to, the victim, against a 
        victim who has not attained the lesser of--
                    (i) 18 years of age; or
                    (ii) except in the case of sexual abuse, 
                the age specified by the child protection law 
                of the State in which the child resides;
            (B) the terms ``domestic violence'' and ``sexual 
        assault'' have the meaning given such terms in section 
        2003 of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2).

           *       *       *       *       *       *       *

      (l)(1)  * * *
            (2)(A) Notwithstanding section [248(2)] 248(a)(2), 
        the Attorney General may change the status of an alien 
        who qualifies under this subsection and section 212(e) 
        to that of an alien described in section 
        101(a)(15)(H)(i)(b). The numerical limitations 
        contained in subsection (g)(1)(A) shall not apply to 
        any alien whose status is changed under the preceding 
        sentence, if the alien obtained a waiver of the 2-year 
        foreign residence requirement upon a request by an 
        interested Federal agency or an interested State 
        agency.

           *       *       *       *       *       *       *

    (o)(1)  * * *

           *       *       *       *       *       *       *

    (7) The authorized period of status of an alien as a 
nonimmigrant status under section 101(a)(15)(T) shall be 4 
years, but--
            (A) shall be extended on a year-by-year basis upon 
        certification from a Federal, State or local law 
        enforcement official, prosecutor, judge, or other 
        Federal, State or local authority investigating or 
        prosecuting criminal activity relating to human 
        trafficking that the alien's ongoing presence in the 
        United States is required to assist in the 
        investigation or prosecution of such criminal activity; 
        and
            (B) shall be extended if the alien files an 
        application for adjustment of status under section 
        245(l), until final adjudication of such application.
    (8) In the case of an alien for whom an application for 
nonimmigrant status (whether as a principal or derivative) 
under section 101(a)(15)(T) has been approved, the alien is 
eligible for work authorization and shall be provided an 
``employment authorized'' endorsement or other appropriate work 
permit.
    (p) Requirements Applicable to Section 101(a)(15)(U) 
Visas.--
            (1)  * * *

           *       *       *       *       *       *       *

            (6) Duration of status.--The authorized period of 
        status of an alien as a nonimmigrant under section 
        101(a)(15)(U) shall be 4 years, but--
                    (A) shall be extended on a year-by-year 
                basis upon certification from a Federal, State 
                or local law enforcement official, prosecutor, 
                judge, or other Federal, State or local 
                authority investigating or prosecuting criminal 
                activity described in section 
                101(a)(15)(U)(iii) that the alien's ongoing 
                presence in the United States is required to 
                assist in the investigation or prosecution of 
                such criminal activity; and
                    (B) shall be extended if the alien files an 
                application for adjustment of status under 
                section 245(m), until final adjudication of 
                such application.

           *       *       *       *       *       *       *


  conditional permanent resident status for certain alien spouses and 
                           sons and daughters

    Sec. 216. (a)  * * *

           *       *       *       *       *       *       *

    (c) Requirements of Timely Petition and Interview for 
Removal of Condition.--
            (1)  * * *

           *       *       *       *       *       *       *

            (4) Hardship waiver.--The Attorney General, in the 
        Attorney General's discretion, may remove the 
        conditional basis of the permanent resident status for 
        an alien who fails to meet the requirements of 
        paragraph (1) if the alien demonstrates that--
                    (A)  * * *
                    (B) the qualifying marriage was entered 
                into in good faith by the alien spouse, but the 
                qualifying marriage has been terminated (other 
                than through the death of the spouse) and the 
                alien was not at fault in failing to meet the 
                requirements of paragraph (1), [or]
                    (C) the qualifying marriage was entered 
                into in good faith by the alien spouse and 
                during the marriage the alien spouse or child 
                was battered by or was the subject of extreme 
                cruelty perpetrated by his or her spouse or 
                citizen or permanent resident parent and the 
                alien was not at fault in failing to meet the 
                requirements of paragraph (1)[.], or
                    (D) the alien meets the requirements under 
                section 204(a)(1)(A)(iii)(II)(aa)(BB) and 
                following the marriage ceremony has been 
                battered by or was subject to extreme cruelty 
                perpetrated by his or her intended spouse and 
                was not at fault in failing to meet the 
                requirements of paragraph (1).
        In determining extreme hardship, the Attorney General 
        shall consider circumstances occurring only during the 
        period that the alien was admitted for permanent 
        residence on a conditional basis. In acting on 
        applications under this paragraph, the Attorney General 
        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 Attorney 
        General.The Attorney General shall, by regulation, 
        establish measures to protect the confidentiality of 
        information concerning any abused alien spouse or 
        child, including information regarding the whereabouts 
        of such spouse or child. An application for relief 
        under this paragraph may be based on one or more 
        grounds specified in subparagraphs (A) through (D) and 
        may be amended at any time to change the ground or 
        grounds for such relief without the application being 
        resubmitted. Such an application may not be considered 
        if there is a final removal order in effect with 
        respect to the alien.

           *       *       *       *       *       *       *


                visa waiver program for certain visitors

    Sec. 217. (a)  * * *

           *       *       *       *       *       *       *

    (b) Waiver of Rights.--An alien may not be provided a 
waiver under the program unless the alien has waived any 
right--
            (1)  * * *
            (2) to contest, other than on the basis of an 
        application for asylum, as a VAWA petitioner, or for 
        relief under subparagraph (T) or (U) of section 
        101(a)(15), under section 240A(b)(2), or under section 
        244(a)(3) (as in effect on March 31, 1997), any action 
        for removal of the alien.

           *       *       *       *       *       *       *


   Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
Removal

           *       *       *       *       *       *       *


                  APPREHENSION AND DETENTION OF ALIENS

    Sec. 236. (a)  * * *

           *       *       *       *       *       *       *

    (f) Limitation on Detention of Certain Victims of 
Violence.--(1) An alien for whom a petition as a VAWA 
petitioner has been approved or for whom an application for 
nonimmigrant status (whether as a principal or derivative 
child) under subparagraph (T) or (U) of section 101(a)(15) has 
been approved, subject to paragraph (2), the alien shall not be 
detained if the only basis for detention is a ground for 
which--
            (A) a waiver is provided under section 212(h), 
        212(d)(13), 212(d)(14), 237(a)(7), or 237(a)(2)(a)(V); 
        or
            (B) there is an exception under section 
        204(a)(1)(C).
    (2) Paragraph (1) shall not apply in the case of detention 
that is required under subsection (c) or section 236A.

           *       *       *       *       *       *       *


                  GENERAL CLASSES OF DEPORTABLE ALIENS

      Sec. 237. (a) Classes of Deportable Aliens.--Any alien 
(including an alien crewman) in and admitted to the United 
States shall, upon the order of the Attorney General, be 
removed if the alien is within one or more of the following 
classes of deportable aliens:
            (1) Inadmissible at time of entry or of adjustment 
        of status or violates status.--
                    (A)  * * *

           *       *       *       *       *       *       *

                    (H) Waiver authorized for certain 
                misrepresentations.--The provisions of this 
                paragraph relating to the removal of aliens 
                within the United States on the ground that 
                they were inadmissible at the time of admission 
                as aliens described in section 212(a)(6)(C)(i), 
                whether willful or innocent, may, in the 
                discretion of the Attorney General, be waived 
                for any alien (other than an alien described in 
                paragraph (4)(D)) who--
                            (i)  * * *
                            (ii) [is an alien who qualifies for 
                        classification under clause (iii) or 
                        (iv) of section 204(a)(1)(A) or clause 
                        (ii) or (iii) of section 204(a)(1)(B)] 
                        is a VAWA petitioner or qualifies for a 
                        waiver under section 216(c)(4)[.]; or

           *       *       *       *       *       *       *

            (7) Waiver for victims of domestic violence.--
                    (A) In general.--The Attorney General is 
                not limited by the criminal court record and 
                may waive the application of paragraph 
                (2)(E)(i) (with respect to crimes of domestic 
                violence and crimes of stalking) and (ii) in 
                the case of an alien who has been battered or 
                subjected to extreme cruelty and who is not and 
                was not the primary perpetrator of violence in 
                the relationship--
                            (i) upon a determination that--
                                    (I) the alien was acting 
                                [is self-defense] in self-
                                defense;

           *       *       *       *       *       *       *

    (d)(1) In the case of an alien in the United States for 
whom a petition as a VAWA petitioner has been filed, if the 
petition sets forth a prima facie case for approval, the 
Secretary of Homeland Security, in the Secretary's sole 
unreviewable discretion, may grant the alien deferred action 
until the petition is approved or the petition is denied after 
exhaustion of administrative appeals. In the case of the 
approval of such petition, such deferred action may be extended 
until a final determination is made on an application for 
adjustment of status.
    (2) In the case of an alien in the United States for whom 
an application for nonimmigrant status (whether as a principal 
or derivative child) under subparagraph (T) or (U) of section 
101(a)(15) has been filed, if the application sets forth a 
prima facie case for approval, the Secretary of Homeland 
Security, in the Secretary's sole unreviewable discretion, may 
grant the alien deferred action until the application is 
approved or the application is denied after exhaustion of 
administrative appeals.
    (3) During a period in which an alien is provided deferred 
action under this subsection, the alien shall not be removed or 
deported.

           *       *       *       *       *       *       *


                   INITIATION OF REMOVAL PROCEEDINGS

    Sec. 239. (a)  * * *

           *       *       *       *       *       *       *

    (e) Certification of Compliance With Restrictions on 
Disclosure.--Removal proceedings shall not be initiated against 
an alien unless there is a certification of either of the 
following:
            (1) No enforcement action was taken leading to such 
        proceedings against the alien--
                    (A) at a domestic violence shelter, a 
                victims services organization or program (as 
                described in section 2003(8) of the Omnibus 
                Crime Control and Safe Streets Act of 1968), a 
                rape crisis center, a family justice center, or 
                a supervised visitation center; or
                    (B) at a courthouse (or in connection with 
                the appearance of the alien at a courthouse) if 
                the alien is appearing in connection with a 
                protection order case, child custody case, or 
                other civil or criminal case relating to 
                domestic violence, sexual assault, trafficking, 
                or stalking in which the alien has been 
                battered or subject to extreme cruelty or if 
                the alien is described in subparagraph (T) or 
                (U) of section 101(a)(15).
            (2) Such an enforcement action was taken, but the 
        provisions of section 384(a)(1) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996 have been complied with.

                          REMOVAL PROCEEDINGS

    Sec. 240. (a)  * * *

           *       *       *       *       *       *       *

    (c) Decision and Burden of Proof.--
            (1)  * * *

           *       *       *       *       *       *       *

            (7) Motions to reopen.--
                    (A) In general.--An alien may file one 
                motion to reopen proceedings under this 
                section, except that this limitation shall not 
                apply so as to prevent the filing of one motion 
                to reopen described in subparagraph (C)(iv).

           *       *       *       *       *       *       *

                    (C) Deadline.--
                            (i)  * * *

           *       *       *       *       *       *       *

                            (iv) Special rule for battered 
                        [spouses and children] spouses, 
                        children, and parents.--[The deadline 
                        specified in subsection (b)(5)(C) for 
                        filing a motion to reopen does not 
                        apply] Any limitation under this 
                        section on the deadlines for filing 
                        such motions shall not apply--
                                    (I) if the basis for the 
                                motion is to apply for relief 
                                [under clause (iii) or (iv) of 
                                section 204(a)(1)(A), clause 
                                (ii) or (iii) of section 
                                204(a)(1)(B)] as a VAWA 
                                petitioner, or section 
                                240A(b)(2) or section 244(a)(3) 
                                (as in effect on March 31, 
                                1997);
                                    (II) if the motion is 
                                accompanied by a cancellation 
                                of removal or adjustment of 
                                status application to be filed 
                                with the Attorney General or by 
                                a copy of the self-petition 
                                that has been or will be filed 
                                with the Immigration and 
                                Naturalization Service upon the 
                                granting of the motion to 
                                reopen; [and]
                                    (III) if the motion to 
                                reopen is filed within 1 year 
                                of the entry of the final order 
                                of removal, except that the 
                                Attorney General may, in the 
                                Attorney General's discretion, 
                                waive this time limitation in 
                                the case of an alien who 
                                demonstrates extraordinary 
                                circumstances or extreme 
                                hardship to the alien's 
                                child[.]; and
                                    (IV) if the alien is 
                                physically present in the 
                                United States at the time of 
                                filing the motion.
                        The filing of a motion to reopen under 
                        this clause shall stay the removal of 
                        the alien pending final disposition of 
                        the motion including exhaustion of all 
                        appeals if the motion establishes a 
                        prima facie case for the relief applied 
                        for.

           *       *       *       *       *       *       *

    (e) Definitions.--In this section and section 240A:
            (1) Exceptional circumstances.--The term 
        ``exceptional circumstances'' refers to exceptional 
        circumstances (such as battery or extreme cruelty of 
        the alien or any child or parent of the alien or 
        serious illness of the alien or serious illness or 
        death of the spouse, child, or parent of the alien, but 
        not including less compelling circumstances) beyond the 
        control of the alien.

           *       *       *       *       *       *       *


             CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

    Sec. 240A. (a)  * * *
    (b) Cancellation of Removal and Adjustment of Status for 
Certain Nonpermanent Residents.--
            (1) In general.--The Attorney General may cancel 
        removal of, and adjust to the status of an alien 
        lawfully admitted for permanent residence, an alien who 
        is inadmissible or deportable from the United States if 
        the alien--
                    (A)  * * *

           *       *       *       *       *       *       *

                    (C) subject to paragraph (5), has not been 
                convicted of an offense under section 
                212(a)(2), 237(a)(2), or 237(a)(3) [(except in 
                a case described in section 237(a)(7) where the 
                Attorney General exercises discretion to grant 
                a waiver)]; and

           *       *       *       *       *       *       *

            (2) Special rule for battered spouse or child.--
                    (A) Authority.--The Attorney General may 
                cancel removal of, and adjust to the status of 
                an alien lawfully admitted for permanent 
                residence, an alien who is inadmissible or 
                deportable from the United States if the alien 
                demonstrates that--
                            (i)(I)  * * *
                            (II) the alien has been battered or 
                        subjected to extreme cruelty by a 
                        spouse or parent who is or was a lawful 
                        permanent resident (or is the parent of 
                        a child of an alien who is or was a 
                        lawful permanent resident and the child 
                        has been battered or subjected to 
                        extreme cruelty by such permanent 
                        resident parent); [or]
                            (III) the alien has been battered 
                        or subjected to extreme cruelty by a 
                        United States citizen or lawful 
                        permanent resident whom the alien 
                        intended to marry, but whose marriage 
                        is not legitimate because of that 
                        United States citizen's or lawful 
                        permanent resident's bigamy; or
                            (IV) the alien entered the United 
                        States as an alien described in section 
                        101(a)(15)(K) with the intent to enter 
                        into a valid marriage and the alien (or 
                        the child of the alien who is described 
                        in such section) was battered or 
                        subject to extreme cruelty in the 
                        United States by the United States 
                        citizen who filed the petition to 
                        accord status under such section;

           *       *       *       *       *       *       *

                            [(iv) the alien is not inadmissible 
                        under paragraph (2) or (3) of section 
                        212(a), is not deportable under 
                        paragraphs (1)(G) or (2) through (4) of 
                        section 237(a) (except in a case 
                        described in section 237(a)(7) where 
                        the Attorney General exercises 
                        discretion to grant a waiver), and has 
                        not been convicted of an aggravated 
                        felony; and]
                            (iv) subject to paragraph (5), the 
                        alien is not inadmissible under 
                        paragraph (2) or (3) of section 212(a), 
                        is not removable under paragraph (2), 
                        (3)(D), or (4) of section 237(a), and 
                        is not removable under section 
                        237(a)(1)(G) (except if there was a 
                        connection between the marriage fraud 
                        described in such section and the 
                        battery or extreme cruelty described in 
                        clause (i)); and
                    (B) Physical presence.--Notwithstanding 
                subsection (d)(2), for purposes of subparagraph 
                [(A)(i)(II)] (A)(ii) or for purposes of section 
                244(a)(3) (as in effect before the title III-A 
                effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility 
                Act of 1996), an alien shall not be considered 
                to have failed to maintain continuous physical 
                presence by reason of an absence if the alien 
                demonstrates a connection between the absence 
                and the battering or extreme cruelty 
                perpetrated against the alien. No absence or 
                portion of an absence connected to the 
                battering or extreme cruelty shall count toward 
                the 90-day or 180-day limits established in 
                subsection (d)(2). If any absence or aggregate 
                absences exceed 180 days, the absences or 
                portions of the absences will not be considered 
                to break the period of continuous presence. Any 
                such period of time excluded from the 180-day 
                limit shall be excluded in computing the time 
                during which the alien has been physically 
                present for purposes of the 3-year requirement 
                set forth in [section 240A(b)(2)(B)] this 
                subparagraph, subparagraph (A)(ii), and section 
                244(a)(3) (as in effect before the title III-A 
                effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility 
                Act of 1996).
                    (C) Good moral character.--Notwithstanding 
                section 101(f ), an act or conviction that does 
                not bar the Attorney General from granting 
                relief under this paragraph by reason of 
                subparagraph (A)(iv) shall not bar the Attorney 
                General from finding the alien to be of good 
                moral character under subparagraph 
                [(A)(i)(III)] (A)(iii) or section 244(a)(3) (as 
                in effect before the title III-A effective date 
                in section 309 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 
                1996), if the Attorney General finds that the 
                act or conviction was connected to the alien's 
                having been battered or subjected to extreme 
                cruelty and determines that a waiver is 
                otherwise warranted.

           *       *       *       *       *       *       *

                    (E) Relief while application pending.--In 
                the case of an alien who has applied for relief 
                under this paragraph and whose application sets 
                forth a prima facie case for such relief or who 
                has filed an application for relief under 
                section 244(a)(3) (as in effect on March 31, 
                1997) that sets forth a prima facie case for 
                such relief--
                            (i) the alien shall not be removed 
                        or deported until the application has 
                        been approved or, in the case it is 
                        denied, until all opportunities for 
                        appeal of the denial have been 
                        exhausted; and
                            (ii) such an application shall be 
                        processed without regard to whether a 
                        proceeding to remove or deport such 
                        alien is brought or pending.

           *       *       *       *       *       *       *

            (4) [Children of battered aliens] Battered aliens, 
        children of battered aliens, and derivative family 
        members of trafficking victims, and parents of battered 
        alien children.--
                    (A) In general.--The Attorney General shall 
                grant parole under section 212(d)(5) to any 
                alien who is a--
                            (i) child of an alien granted 
                        relief under section 240A(b)(2) or 
                        244(a)(3) (as in effect before the 
                        title III-A effective date in section 
                        309 of the Illegal Immigration Reform 
                        and Immigrant Responsibility Act of 
                        1996); [or]
                            (ii) parent of a child alien 
                        granted relief under section 240A(b)(2) 
                        or 244(a)(3) (as in effect before the 
                        title III-A effective date in section 
                        309 of the Illegal Immigration Reform 
                        and Immigrant Responsibility Act of 
                        1996)[.];
                            (iii) VAWA petitioner whose 
                        petition was approved based on having 
                        been battered or subjected to extreme 
                        cruelty by a United States citizen 
                        spouse, parent, or son or daughter and 
                        who is admissible and eligible for an 
                        immigrant visa;
                            (iv) VAWA petitioner whose petition 
                        was approved based on having been 
                        battered or subjected to extreme 
                        cruelty by a lawful permanent resident 
                        spouse or parent, who is admissible and 
                        would be eligible for an immigrant visa 
                        but for the fact that an immigrant visa 
                        is not immediately available to the 
                        alien, and who filed a petition for 
                        classification under section 
                        204(a)(1)(B), if at least 3 years has 
                        elapsed since the petitioner's priority 
                        date; or
                            (v) an alien whom the Secretary of 
                        State determines would, but for an 
                        application or approval, meet the 
                        conditions for approval as a 
                        nonimmigrant described in section 
                        101(a)(15)(T)(ii).
                    (B) Duration of parole.--[The grant of 
                parole] (i) The grant of parole under 
                subparagraph (A)(i) or (A)(ii) shall extend 
                from the time of the grant of relief under 
                section 240A(b)(2) or section 244(a)(3) (as in 
                effect before the title III-A effective date in 
                section 309 of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996) to 
                the time the application for adjustment of 
                status filed by aliens covered under this 
                paragraph has been finally adjudicated. 
                Applications for adjustment of status filed by 
                aliens [covered under this paragraph] covered 
                under such subparagraphs shall be treated as if 
                [they were applications filed under section 
                204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
                (B)(iii)] the applicants were VAWA petitioner 
                for purposes of section 245 (a) and (c). 
                Failure by the alien granted relief under 
                section 240A(b)(2) or section 244(a)(3) (as in 
                effect before the title III-A effective date in 
                section 309 of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996) to 
                exercise due diligence in filing a visa 
                petition on behalf of an alien described in 
                clause (i) or (ii) of subparagraph (A) may 
                result in revocation of parole.
                    (ii) The grant of parole under subparagraph 
                (A)(iii) or (A)(iv) shall extend from the date 
                of approval of the applicable petition to the 
                time the application for adjustment of status 
                filed by aliens covered under such 
                subparagraphs has been finally adjudicated. 
                Applications for adjustment of status filed by 
                aliens covered under such subparagraphs shall 
                be treated as if they were applications filed 
                under section 204(a)(1) (A)(iii), (A)(iv), 
                (B)(ii), or (B)(iii) for purposes of section 
                245 (a) and (c).
                    (iii) The grant of parole under 
                subparagraph (A)(v) shall extend from the date 
                of the determination of the Secretary of State 
                described in such subparagraph to the time the 
                application for status under section 
                101(a)(15)(T)(ii) has been finally adjudicated. 
                Failure by such an alien to exercise due 
                diligence in filing a visa petition on the 
                alien's behalf may result in revocation of 
                parole.
            (5) Application of domestic violence waiver 
        authority.--The provisions of section 237(a)(7) shall 
        apply in the application of paragraphs (1)(C) and 
        (2)(A)(iv) (including waiving grounds of deportability) 
        in the same manner as they apply under section 237(a). 
        In addition, for purposes of such paragraphs and in the 
        case of an alien who has been battered or subjected to 
        extreme cruelty and if there was a connection between 
        the inadmissibility or deportability and such battery 
        or cruelty with respect to the activity involved, the 
        Attorney General may waive, in the sole unreviewable 
        discretion of the Attorney General, any other ground of 
        inadmissibility or deportability for which a waiver is 
        authorized under section 212(h), 212(d)(13), 
        212(d)(14), or 237(a)(2)(A)(v), and the exception 
        described in section 204(a)(1)(C) shall apply.

           *       *       *       *       *       *       *

    (e) Annual Limitation.--
            (1)  * * *

           *       *       *       *       *       *       *

            (3) Exception for certain aliens.--Paragraph (1) 
        shall not apply to the following:
                    (A)  * * *

           *       *       *       *       *       *       *

                    (C) Aliens with respect to their 
                cancellation of removal under subsection 
                (b)(2).

           *       *       *       *       *       *       *


                          VOLUNTARY DEPARTURE

    Sec. 240B. (a)  * * *

           *       *       *       *       *       *       *

    (d) Civil Penalty for Failure to Depart.--[If] (1) Subject 
to paragraph (2), if an alien is permitted to depart 
voluntarily under this section and fails voluntarily to depart 
the United States within the time period specified, the alien 
shall be subject to a civil penalty of not less than $1,000 and 
not more than $5,000, and be ineligible for a period of 10 
years for any further relief under this section and sections 
240A, 245, 248, and 249. The order permitting the alien to 
depart voluntarily shall inform the alien of the penalties 
under this subsection.
    (2) The ineligibility for relief under paragraph (1) shall 
not apply to an alien who is a VAWA petitioner, who is seeking 
status as a nonimmigrant under subparagraph (T) or (U) of 
section 101(a)(15), or who is an applicant for relief under 
section 240A(b)(2) or under section 244(a)(3) (as in effect on 
March 31, 1997), if there is a connection between the failure 
to voluntarily depart and the battery or extreme cruelty, 
trafficking, or criminal activity, referred to in the 
respective provision.

           *       *       *       *       *       *       *


               Chapter 5--Adjustment and Change of Status

  ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR 
                          PERMANENT RESIDENCE

    Sec. 245. (a) The status of an alien who was inspected and 
admitted or paroled into the United States or the status of any 
other alien having an approved petition for classification 
[under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
section 204(a)(1) or] as a VAWA petitioner may be adjusted by 
the Attorney General, in his discretion and under such 
regulations as he may prescribe, to that of an alien lawfully 
admitted for permanent residence if (1) the alien makes an 
application for such adjustment, (2) the alien is eligible to 
receive an immigrant visa and is admissible to the United 
States for permanent residence, and (3) an immigrant visa is 
immediately available to him at the time his application is 
filed. In the case of a petition under clause (ii), (iii), or 
(iv) of section 204(a)(1)(A) that includes an individual as a 
derivative child of a principal alien, no adjustment 
application other than the adjustment application of the 
principal alien shall be required for adjustment of status of 
the individual under this subsection or subsection (c).

           *       *       *       *       *       *       *

    (c) Other than an alien having an approved petition for 
classification [under subparagraph (A)(iii), (A)(iv), (A)(v), 
(A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1)] as 
a VAWA petitioner, subsection (a) shall not be applicable to 
(1) an alien crewman; (2) subject to subsection (k), an alien 
(other than an immediate relative as defined in section 201(b) 
or a special immigrant described in section 101(a)(27)(H), (I), 
(J), or (K)) who hereafter continues in or accepts unauthorized 
employment prior to filing an application for adjustment of 
status or who is in unlawful immigration status on the date of 
filing the application for adjustment of status or who has 
failed (other than through no fault of his own or for technical 
reasons) to maintain continuously a lawful status since entry 
into the United States; (3) any alien admitted in transit 
without visa under section 212(d)(4)(C); (4) an alien (other 
than an immediate relative as defined in section 201(b)) who 
was admitted as a nonimmigrant visitor without a visa under 
section 212(l) or section 217; (5) an alien who was admitted as 
a nonimmigrant described in section 101(a)(15)(S), (6) an alien 
who is deportable under section 237(a)(4)(B); (7) any alien who 
seeks adjustment of status to that of an immigrant under 
section 203(b) and is not in a lawful nonimmigrant status; or 
(8) any alien who was employed while the alien was an 
unauthorized alien, as defined in section 274A(h)(3), or who 
has otherwise violated the terms of a nonimmigrant visa.
    (d)(1) The Attorney General may not adjust, under 
subsection (a), the status of an alien lawfully admitted to the 
United States for permanent residence on a conditional basis 
under section 216. The Attorney General may not adjust, under 
subsection (a), the status of a nonimmigrant alien described in 
section 101(a)(15)(K) who is not described in section 
204(a)(1)(A)(iii)(II)(aa)(DD) except to that of an alien 
lawfully admitted to the United States on a conditional basis 
under section 216 as a result of the marriage of the 
nonimmigrant (or, in the case of a minor child, the parent) to 
the citizen who filed the petition to accord that alien's 
nonimmigrant status under section 101(a)(15)(K) .
    (2) Paragraph (1) shall not apply to an alien who seeks 
adjustment of status on the basis of an approved petition for 
classification as a VAWA petitioner.

           *       *       *       *       *       *       *

    (l)(1) If, in the opinion of the [Attorney General] 
Secretary of Homeland Security, a nonimmigrant admitted into 
the United States under section 101(a)(15)(T)(i)--
            (A) subject to paragraph (6), has been physically 
        present in the United States for a continuous period of 
        at least 3 years since the earlier of (i) the date the 
        alien was granted continued presence under section 
        107(c)(3) of the Trafficking Victims Protection Act of 
        2000, or (ii) the date of admission as a nonimmigrant 
        under section 101(a)(15)(T)(i),
            (B) subject to paragraph (7), has, throughout such 
        period, been a person of good moral character, and
            (C)(i) has, during such period, complied with any 
        reasonable request for assistance in the investigation 
        or prosecution of acts of trafficking, or
            (ii) the alien would suffer extreme hardship 
        involving unusual and severe harm upon removal from the 
        United States,
the [Attorney General] Secretary may adjust the status of the 
alien (and any person admitted under section 101(a)(15)(T)(ii) 
as the spouse, parent, sibling, or child of the alien) to that 
of an alien lawfully admitted for permanent residence.
    (2) Paragraph (1) shall not apply to an alien admitted 
under section 101(a)(15)(T) who is inadmissible to the United 
States by reason of a ground that has not been waived under 
section 212, except that, if the [Attorney General] Secretary 
of Homeland Security considers it to be in the national 
interest to do so, the [Attorney General] Secretary, in the 
[Attorney General's] Secretary's discretion, may waive the 
application of--
            (A)  * * *
            (B) any other provision of such section (excluding 
        paragraphs (3), (10)(C), and [(10(E))] (10)(E)), if the 
        activities rendering the alien inadmissible under the 
        provision were caused by, or were incident to, the 
        victimization described in section 101(a)(15)(T)(i)(I).
    (3)  * * *

           *       *       *       *       *       *       *

    (5) Upon the approval of adjustment of status under 
paragraph (1), the [Attorney General] Secretary of Homeland 
Security shall record the alien's lawful admission for 
permanent residence as of the date of such approval.
    (6) The Secretary of Homeland Security may waive or reduce 
the period of physical presence required under paragraph (1)(A) 
for an alien's adjustment of status under this subsection if a 
Federal, State, or local law enforcement official investigating 
or prosecuting trafficking described in section 
101(a)(15)(T)(i) in relation to the alien or the alien's 
spouse, child, parent, or sibling certifies that the official 
has no objection to such waiver or reduction.
    (7) For purposes of paragraph (1)(B), the Secretary of 
Homeland Security, in the Secretary's sole unreviewable 
discretion, may waive consideration of a disqualification from 
good moral character described in section 101(f) with respect 
to an alien if there is a connection between the 
disqualification and the trafficking with respect to the alien 
described in section 101(a)(15)(T)(i).

           *       *       *       *       *       *       *


                 change of nonimmigrant classification

    Sec. 248. [The Attorney General] (a) The Secretary of 
Homeland Security may, under such conditions as he may 
prescribe, authorize a change from any nonimmigrant 
classification to any other nonimmigrant classification in the 
case of any alien lawfully admitted to the United States as a 
nonimmigrant who is continuing to maintain that status and who 
is not inadmissible under section 212(a)(9)(B)(i) (or whose 
inadmissibility under such section is waived under section 
212(a)(9)(B)(v)), except (subject to subsection (b)) in the 
case of--
            (1)  * * *

           *       *       *       *       *       *       *

    (b) The limitation based on inadmissibility under section 
212(a)(9)(B) and the exceptions specified in numbered 
paragraphs of subsection (a) shall not apply to a change of 
nonimmigrant classification to that of a nonimmigrant under 
subparagraph (T) or (U) of section 101(a)(15), other than from 
such classification under subparagraph (C) or (D) of such 
section.

           *       *       *       *       *       *       *


TITLE III--NATIONALITY AND NATURALIZATION

           *       *       *       *       *       *       *


Chapter 2--Nationality Through Naturalization

           *       *       *       *       *       *       *


    married persons and employees of certain nonprofit organizations

    Sec. 319. (a) Any person whose spouse is a citizen of the 
United States, or any person who obtained status as a lawful 
permanent resident by reason of his or her status as a spouse 
or child of a United States citizen who battered him or her or 
subjected him or her to extreme cruelty, may be naturalized 
upon compliance with all the requirements of this title except 
the provisions of paragraph (1) of section 316(a) if such 
person immediately preceding the date of filing his application 
for naturalization has resided continuously, after being 
lawfully admitted for permanent residence, within the United 
States for at least three years, and during the three years 
immediately preceding the date of filing his application has 
been living in marital union with the citizen spouse (except in 
the case of a person who has been battered or subjected to 
extreme cruelty by a United States citizen spouse or parent, 
regardless of whether the lawful permanent resident status was 
obtained on the basis of such battery or cruelty), who has been 
a United States citizen during all of such period, and has been 
physically present in the United States for periods totaling at 
least half of that time and has resided within the State or the 
district of the Service in the United States in which the 
applicant filed his application for at least three months. The 
provisions of section 204(a)(1)(J) shall apply in acting on an 
application under this subsection in the same manner as they 
apply in acting on petitions referred to in such section.

           *       *       *       *       *       *       *

    Sec. 320. (a) A child born outside of the United States 
automatically becomes a citizen of the United States when all 
of the following conditions have been fulfilled:
            (1)  * * *

           *       *       *       *       *       *       *

            (3) The child is residing in the United States in 
        the legal and physical custody of the citizen parent 
        pursuant to a lawful admission for permanent residence 
        or the child is residing in the United States pursuant 
        to a lawful admission for permanent residence and has 
        been battered or subject to extreme cruelty by the 
        citizen parent or by a family member of the citizen 
        parent residing in the same household.
                              ----------                              


     SECTION 107 OF THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000

SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) * * *
    (b) Victims in the United States.--
            (1) Assistance.--
                    (A) * * *

           *       *       *       *       *       *       *

                    (E) Certification.--
                            (i) In general.--Subject to clause 
                        (ii), the certification referred to in 
                        subparagraph (C) is a certification by 
                        the Secretary of Health and Human 
                        Services, after consultation with the 
                        Attorney General, that the person 
                        referred to in subparagraph 
                        (C)(ii)(II)--
                                    (I) is willing to assist in 
                                every reasonable way in the 
                                [investigation and prosecution] 
                                investigation or prosecution, 
                                by the United States or a State 
                                or local government of severe 
                                forms of trafficking in 
                                persons; and
                                    (II)(aa) * * *
                                    (bb) is a person whose 
                                continued presence in the 
                                United States the [Attorney 
                                General] Secretary of Homeland 
                                Security is ensuring in order 
                                to effectuate prosecution of 
                                traffickers in persons.
                            (ii) Period of effectiveness.--A 
                        certification referred to in 
                        subparagraph (C), with respect to a 
                        person described in clause (i)(II)(bb), 
                        shall be effective only for so long as 
                        the [Attorney General] Secretary of 
                        Homeland Security determines that the 
                        continued presence of such person is 
                        necessary to effectuate prosecution of 
                        traffickers in persons.
                            (iii) Investigation [and] or 
                        prosecution defined.--For the purpose 
                        of a certification under this 
                        subparagraph, the term ``investigation 
                        [and] or prosecution'' includes--
                                    (I) * * *
                                    (II) location and 
                                apprehension of such persons; 
                                [and]
                                    (III) testimony at 
                                proceedings against such 
                                persons[.]; or
                                    (IV) responding to and 
                                cooperating with requests for 
                                evidence and information.

           *       *       *       *       *       *       *

    (c) Trafficking Victim Regulations.--Not later than 180 
days after the date of the enactment of this Act, the Attorney 
General, Secretary of Homeland Security, and the Secretary of 
State shall promulgate regulations for law enforcement 
personnel, immigration officials, and Department of State 
officials to implement the following:
            (1) * * *

           *       *       *       *       *       *       *

            (3) Authority to permit continued presence in the 
        united states.--Federal law enforcement officials may 
        permit an alien individual's continued presence in the 
        United States, if after an assessment, it is determined 
        that such individual is a victim of a severe form of 
        trafficking and a potential witness to such 
        trafficking, in order to effectuate prosecution of 
        those responsible, and such officials in investigating 
        and prosecuting traffickers shall protect the safety of 
        trafficking victims, including taking measures to 
        protect trafficked persons and their family members 
        from intimidation, threats of reprisals, and reprisals 
        from traffickers and their associates. State or local 
        law enforcement officials may request that such Federal 
        law enforcement officials permit the continued presence 
        of trafficking victims. If such a request contains a 
        certification that a trafficking victim is a victim of 
        a severe form of trafficking, such Federal law 
        enforcement officials may permit the continued presence 
        of the trafficking victim in accordance with this 
        paragraph.

           *       *       *       *       *       *       *

            (5) Certification of no objection for waiver or 
        reduction of period of required physical presence for 
        adjustment of status.--In order for an alien to have 
        the required period of physical presence under 
        paragraph (1)(A) of section 245(l) of the Immigration 
        and Nationality Act waived or reduced under paragraph 
        (6) of such section, a Federal, State, and local law 
        enforcement official investigating or prosecuting 
        trafficking described in section 101(a)(15)(T)(i) in 
        relation to the alien or the alien's spouse, child, 
        parent, or sibling may provide for a certification of 
        having no objection to such waiver or reduction.

           *       *       *       *       *       *       *

    (e) Protection From Removal for Certain Crime Victims.--
            (1) * * *

           *       *       *       *       *       *       *

            (5) Statutory construction.--Nothing in this 
        section, or in the amendments made by this section, 
        shall be construed as prohibiting the [Attorney 
        General] Secretary of Homeland Security from 
        instituting removal proceedings under section 240 of 
        the Immigration and Nationality Act (8 U.S.C. 1229a) 
        against an alien admitted as a nonimmigrant under 
        section 101(a)(15)(T)(i) of that Act, as added by 
        subsection (e), for conduct committed after the alien's 
        admission into the United States, or for conduct or a 
        condition that was not disclosed to the [Attorney 
        General] Secretary of Homeland Security prior to the 
        alien's admission as a nonimmigrant under such section 
        101(a)(15)(T)(i).

           *       *       *       *       *       *       *

    (g) Annual Reports.--On or before October 31 of each year, 
the [Attorney General] Secretary of Homeland Security shall 
submit a report to the appropriate congressional committees 
setting forth, with respect to the preceding fiscal year, the 
number, if any, of otherwise eligible applicants who did not 
receive visas under section 101(a)(15)(T) of the Immigration 
and Nationality Act, as added by subsection (e), or who were 
unable to adjust their status under section 245(l) of such Act, 
solely on account of the unavailability of visas due to a 
limitation imposed by section 214(o)(2) or 245(l)(4)(A) of such 
Act. Each such report shall also include statistics regarding 
the number of law enforcement officials who have been trained 
in the identification and protection of trafficking victims and 
certification for assistance as nonimmigrants under section 
101(a)(15)(T) of such Act.

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 202 OF THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF 
                                  ACT

    Sec. 202. Adjustment of Status of Certain Nicaraguans and 
Cubans. (a) * * *

           *       *       *       *       *       *       *

    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--The status of an alien shall be 
        adjusted by the Attorney General to that of an alien 
        lawfully admitted for permanent residence, if--
                    (A) * * *
                    (B) the alien--
                            (i) * * *
                            (ii) was, at the time at which an 
                        alien filed for adjustment under 
                        subsection (a), the spouse or child of 
                        an alien whose status is adjusted, or 
                        was eligible for adjustment, to that of 
                        an alien lawfully admitted for 
                        permanent residence under subsection 
                        (a), and the spouse, child, or child of 
                        the spouse has been battered or 
                        subjected to extreme cruelty by the 
                        alien that filed for adjustment under 
                        subsection (a);

           *       *       *       *       *       *       *

                    (E) applies for such adjustment before 
                April 1, 2000, or, in the case of an alien who 
                qualifies under subparagraph (B)(ii), applies 
                for such adjustment during the 18-month period 
                beginning on the date of enactment of the 
                Violence Against Women Act of 2005.

           *       *       *       *       *       *       *

            (3) Procedure.--In acting on an application under 
        this section with respect to a spouse or child who has 
        been battered or subjected to extreme cruelty, the 
        Attorney General shall apply section [204(a)(1)(H)] 
        204(a)(1)(J).

           *       *       *       *       *       *       *

                              ----------                              


                SECTION 1 OF THE ACT OF NOVEMBER 2, 1966

                          (Public Law 89-732)

    AN ACT To adjust the status of Cuban refugees to that of lawful 
   permanent residents of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That, 
notwithstanding the provisions of section 245(c) of the 
Immigration and Nationality Act, the status of any alien who is 
a native or citizen of Cuba and who has been inspected and 
admitted or paroled into the United States subsequent to 
January 1, 1959 and has been physically present in the United 
States for at least one year, may be adjusted by the Attorney 
General, in his discretion and under such regulations as he may 
prescribe, to that of an alien lawfully admitted for permanent 
residence if the alien makes an application for such 
adjustment, and the alien is eligible to receive an immigrant 
visa and is admissible to the United States for permanent 
residence. Upon approval of such an application for adjustment 
of status, the Attorney General shall create a record of the 
alien's admission for permanent residence as of a date thirty 
months prior to the filing of such an application or the date 
of his last arrival into the United States, whichever date is 
later. The provisions of this Act shall be applicable to the 
spouse and child of any alien described in this subsection, 
regardless of their citizenship and place of birth, who are 
residing with such alien in the United States, except that such 
spouse or child who has been battered or subjected to extreme 
cruelty may adjust to permanent resident status under this Act 
without demonstrating that he or she is residing with the Cuban 
spouse or parent in the United States. In acting on 
applications under this section with respect to spouses or 
children who have been battered or subjected to extreme 
cruelty, the Attorney General shall apply the provisions of 
section [204(a)(1)(H)] 204(a)(1)(J). An alien who was the 
spouse of any Cuban alien described in this section and has 
resided with such spouse shall continue to be treated as such a 
spouse for 2 years after the date on which the Cuban alien dies 
(or, if later, 2 years after the date of enactment of Violence 
Against Women Act of 2005), or for 2 years after the date of 
termination of the marriage (or, if later, 2 years after the 
date of enactment of Violence Against Women Act of 2005) if the 
alien demonstrates a connection between the termination of the 
marriage and the battering or extreme cruelty by the Cuban 
alien.

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 902 OF THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998

           ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS

    Sec. 902. (a) * * *

           *       *       *       *       *       *       *

    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--The status of an alien shall be 
        adjusted by the Attorney General to that of an alien 
        lawfully admitted for permanent residence, if--
                    (A) * * *
                    (B)(i) the alien is the spouse, child, or 
                unmarried son or daughter of an alien [whose 
                status is adjusted to that of an alien lawfully 
                admitted for permanent residence] who is or was 
                eligible for classification under subsection 
                (a), except that, in the case of such an 
                unmarried son or daughter, the son or daughter 
                shall be required to establish that the son or 
                daughter has been physically present in the 
                United States for a continuous period beginning 
                not later than December 1, 1995, and ending not 
                earlier than the date on which the application 
                for such adjustment is filed;
                    (ii) at the time of filing of the 
                application for adjustment under subsection 
                (a), the alien is the spouse or child of an 
                alien [whose status is adjusted to that of an 
                alien lawfully admitted for permanent 
                residence] who is or was eligible for 
                classification under subsection (a) and the 
                spouse, child, or child of the spouse has been 
                battered or subjected to extreme cruelty by the 
                individual described in subsection (a); and
                    (iii) in acting on applications under this 
                section with respect to spouses or children who 
                have been battered or subjected to extreme 
                cruelty, the Attorney General shall apply the 
                provisions of section [204(a)(1)(H)] 
                204(a)(1)(J).

           *       *       *       *       *       *       *

                              ----------                              


  ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996



           *       *       *       *       *       *       *
DIVISION C--ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT 
OF 1996

           *       *       *       *       *       *       *


   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

Subtitle A--Revision of Procedures for Removal of Aliens

           *       *       *       *       *       *       *


SEC. 309. EFFECTIVE DATES; TRANSITION.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Transition for Certain Aliens.--
            (1) * * *

           *       *       *       *       *       *       *

            (5) Transitional rules with regard to suspension of 
        deportation.--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) Special rule for certain aliens granted 
                temporary protection from deportation and for 
                battered spouses and children.--
                            (i) In general.--For purposes of 
                        calculating the period of continuous 
                        physical presence under section 244(a) 
                        of the Immigration and Nationality Act 
                        (as in effect before the title III-A 
                        effective date) or section 240A of such 
                        Act (as in effect after the title III-A 
                        effective date), subparagraph (A) of 
                        this paragraph and paragraphs (1) and 
                        (2) of section 240A(d) of the 
                        Immigration and Nationality Act shall 
                        not apply in the case of an alien, 
                        regardless of whether the alien is in 
                        exclusion or deportation proceedings 
                        before the title III-A effective date, 
                        who has not been convicted at any time 
                        of an aggravated felony (as defined in 
                        section 101(a) of the Immigration and 
                        Nationality Act) and--
                                    (I) * * *

           *       *       *       *       *       *       *

                                    (VII)(aa) was the spouse or 
                                child of an alien described in 
                                subclause (I), (II), or (V)--
                                            (AA) * * *
                                            (BB) at the time at 
                                        which the alien filed 
                                        an application for 
                                        suspension of 
                                        deportation or 
                                        cancellation of 
                                        removal; [or]
                                            (CC) at the time at 
                                        which the alien 
                                        registered for benefits 
                                        under the settlement 
                                        agreement in American 
                                        Baptist Churches, et. 
                                        al. v. Thornburgh 
                                        (ABC), applied for 
                                        temporary protected 
                                        status, or applied for 
                                        asylum; [and] or
                                            (DD) at the time at 
                                        which the spouse or 
                                        child files an 
                                        application for 
                                        suspension of 
                                        deportation or 
                                        cancellation of 
                                        removal; and

           *       *       *       *       *       *       *

                            (iii) Consideration of petitions.--
                        In acting on a petition filed under 
                        subclause (VII) of clause (i) the 
                        provisions set forth in section 
                        [204(a)(1)(H)] 204(a)(1)(J) shall 
                        apply.

           *       *       *       *       *       *       *

    (g) Motions To Reopen Deportation or Removal Proceedings.--
(1) Notwithstanding any limitation imposed by law on motions to 
reopen removal or deportation proceedings (except limitations 
premised on an alien's conviction of an aggravated felony (as 
defined in section 101(a) of the Immigration and Nationality 
Act)), subject to paragraph (2), any alien who has become 
eligible for cancellation of removal or suspension of 
deportation as a result of the amendments made by section 203 
of the Nicaraguan Adjustment and Central American Relief Act 
may file one motion to reopen removal or deportation 
proceedings to apply for cancellation of removal or suspension 
of deportation. The Attorney General shall designate a specific 
time period in which all such motions to reopen are required to 
be filed. The period shall begin not later than 60 days after 
the date of the enactment of the Nicaraguan Adjustment and 
Central American Relief Act and shall extend for a period not 
to exceed 240 days.
    (2) There shall be no limitation on a motion to reopen 
removal or deportation proceedings in the case of an alien who 
is described in subclause (VI) or (VII) of subsection 
(c)(5)(C)(i). Motions to reopen removal or deportation 
proceedings in the case of such an alien shall be handled under 
the procedures that apply to aliens seeking relief under 
section 204(a)(1)(A)(iii) of the Immigration and Nationality 
Act.

           *       *       *       *       *       *       *


Subtitle F--Additional Provisions

           *       *       *       *       *       *       *


SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.

    (a) In General.--Except as provided in subsection (b), in 
no case may the Attorney General, or any other official or 
employee of the Department of Justice [(including any bureau or 
agency of such Department)], or the Secretary of Homeland 
Security, the Secretary of State, the Secretary of Health and 
Human Services, or the Secretary of Labor or any other official 
or employee of the Department of Homeland Security, the 
Department of State, the Department of Health and Human 
Services, or the Department of Labor (including any bureau or 
agency of any such Department)--
            (1) make an adverse determination of admissibility 
        or deportability of an alien under the Immigration and 
        Nationality Act using information [furnished solely by] 
        furnished by or derived from information provided 
        solely by--
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) a member of the spouse's or parent's 
                family residing in the same household as the 
                alien who has battered the alien's child or 
                subjected the alien's child to extreme cruelty 
                when the spouse or parent consented to or 
                acquiesced in such battery or cruelty and the 
                alien did not actively participate in such 
                battery or cruelty, [or]
                    (E) in the case of an alien applying for 
                status under section 101(a)(15)(U) of the 
                Immigration and Nationality Act, the 
                perpetrator of the substantial physical or 
                mental abuse and the criminal activity, or
                    (F) in the case of an alien applying for 
                continued presence as a victim of trafficking 
                under section 107(b)(1)(E)(i)(II)(bb) of the 
                Trafficking Protection Act of 2000 or status 
                under section 101(a)(15)(T) of the Immigration 
                and Nationality Act, the trafficker or 
                perpetrator,
        unless the alien has been convicted of a crime or 
        crimes listed in section 241(a)(2) of the Immigration 
        and Nationality Act; [or]
            (2) permit use by or disclosure to anyone (other 
        than a sworn officer or employee [of the Department,] 
        of any such Department, or bureau or agency thereof, 
        for legitimate Department, bureau, or agency purposes) 
        of any information which relates to an alien who is the 
        beneficiary of an application for relief [under clause 
        (iii) or (iv) of section 204(a)(1)(A), clause (ii) or 
        (iii) of section 204(a)(1)(B)] as a VAWA petitioner (as 
        defined in section 101(a)(51) of the Immigration and 
        Nationality Act), or under, section 216(c)(4)(C), 
        section 101(a)(15)(U), [or section 244(a)(3) of such 
        Act as an alien (or the parent of a child) who has been 
        battered or subjected to extreme cruelty.] section 
        101(a)(15)(T), section 214(c)(15), or section 
        240A(b)(2) of such Act, or section 244(a)(3) of such 
        Act (as in effect on March 31, 1997), or for continued 
        presence as a victim of trafficking under section 
        107(b)(1)(E)(i)(II)(bb) of the Trafficking Protection 
        Act of 2000, or any derivative of the alien; or
            (3) in the case of an alien described in section 
        101(a)(27)(J) of the Immigration and Nationality Act 
        who has been abused, neglected, or abandoned, contact 
        the alleged abuser (or family member of the alleged 
        abuser) at any stage of applying for special immigrant 
        juvenile status, including after a request for the 
        consent of the Secretary of Homeland Security under 
        clause (iii)(I) of such section.
The limitation under paragraph (2) ends when the application 
for relief is denied and all opportunities for appeal of the 
denial have been exhausted.
    (b) Exceptions.--
            (1) [The Attorney General may provide, in the 
        Attorney General's discretion] The Attorney General, 
        Secretary of Homeland Security, Secretary of State, 
        Secretary of Health and Human Services, and Secretary 
        of Labor may provide, in each's discretion, for the 
        disclosure of information in the same manner and 
        circumstances as census information may be disclosed by 
        the Secretary of Commerce under section 8 of title 13, 
        United States Code.
            (2) [The Attorney General may provide in the 
        discretion of the Attorney General] The Attorney 
        General, Secretary of Homeland Security, Secretary of 
        State, Secretary of Health and Human Services, and the 
        Secretary of Labor may provide, in each's discretion 
        for the disclosure of information to law enforcement 
        officials to be used solely for a legitimate law 
        enforcement purpose.

           *       *       *       *       *       *       *

            (5) The Attorney General [is authorized to 
        disclose], Secretary of Homeland Security, Secretary of 
        State, Secretary of Health and Human Services, and 
        Secretary of Labor, or Attorney General may disclose 
        information, to Federal, State, and local public and 
        private agencies providing benefits, to be used solely 
        in making determinations of eligibility for benefits 
        pursuant to section 431(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act 
        of 1996.
            (6) Subsection (a) shall not apply to prevent the 
        Attorney General and the Secretary of Homeland Security 
        from disclosing to the chairmen and ranking members of 
        the Judiciary Committees of the House of 
        Representatives and of the Senate in the exercise of 
        Congressional oversight authority information on closed 
        cases under this section in a manner that protects the 
        confidentiality of such information and that omits 
        personally identifying information (including 
        locational information about individuals).
    (c) Penalties for Violations.--Anyone who willfully uses, 
publishes, or permits information to be disclosed in violation 
of this section or who knowingly makes a false certification 
under section 239(e) of the Immigration and Nationality Act 
shall be subject to appropriate disciplinary action and subject 
to a civil money penalty of not more than $5,000 for each such 
violation. The Office of Professional Responsibility in the 
Department of Justice shall be responsible for carrying out 
enforcement under the previous sentence.

           *       *       *       *       *       *       *


                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, JULY 27, 2005

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:38 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    [Intervening business.]
    Chairman Sensenbrenner. Pursuant to notice, I now call up 
the bill H.R. 3402, the ``Department of Justice Appropriations 
Authorization Act'' for fiscal years 2006 through 2009 for 
purposes of markup and move its favorable recommendation to the 
House.
    Without objection, the bill will be considered as read and 
open for amendment at any point.
    [The bill, H.R. 3402, follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. The chair recognizes himself for 5 
minutes to explain the bill.
    Authorization is the process by which Congress creates, 
amends, and extends programs in executive agency. It is 
probably the most important oversight tool that Congress and 
Committees of jurisdiction can employ. Through authorizations, 
our Committees can establish programs, their objectives, and 
the upper limits for spending on them. Once a Federal program 
has been authorized, the actual budget authority for the 
program comes from appropriation bills.
    I would point out that one of the seminal accomplishments 
of this Committee was in 2002, passing the first DOJ 
reauthorization bill since 1979, and that has been a tremendous 
oversight tool for both the majority and the minority in terms 
of actually overseeing the effectiveness of the programs that 
the Department of Justice administers.
    We will today again exercise this very important authority 
with this bill. The legislation contains many of the provisions 
that we agreed upon as a Committee in the last Congress and 
contains many new provisions that Members on both sides of the 
aisle have contributed to and should feel proud of. Titles I 
through III contain many provisions from H.R. 3036, with 
modified authorization levels. Additional provisions were added 
to reauthorize programs which will expire, or have expired, 
such as the Juvenile Accountability Block Grants Program and 
the Sex Offender Management Program.
    Some of the programs within these titles, such as the COPS 
grants program were modified and updated to address the new 
priorities affecting State and local governments since the 
program was established. The bill also includes some very 
important modifications to the criminal code, such as extending 
the statute of limitation for human trafficking offenses, and 
creates increased criminal penalties to guards who sexually 
abuse persons in their custody.
    In addition to the important provisions contained in titles 
I through III, titles IV through X reauthorize core programs on 
domestic violence from 1994 to 2000 and make improvements to 
those grant programs to enhance our ability to combat domestic 
violence, dating violence, sexual assault, and stalking. The 
bill reauthorizes the STOP program, which provides State 
formula grants to help fund collaboration efforts between 
police and prosecutors and victims service providers.
    The bill reauthorizes grants to encourage arrest programs 
that provide funds to communities to develop and strengthen 
programs and policies that encourage police officers to arrest 
abusers who commit acts of violence or violate protection 
orders. Additionally, the bill authorizes several new programs, 
including grants to improve training for court officials and 
law enforcement and grants to encourage community-based 
solutions to domestic violence.
    This legislation already has a number of cosponsors on the 
Committee, on both sides of the aisle, who have made 
reauthorization of the Violence Against Women Act a priority. 
Representatives Mark Green and Zoe Lofgren have both worked 
very hard to encourage this Committee to make these programs a 
priority, and I am grateful to Ranking Member Conyers for all 
his hard work to ensure that there be a bipartisan directive to 
the Department of Justice on the part of this Committee.
    In this spirit, Mr. Conyers and I will be offering a 
manager's amendment to address additional priorities that 
Members requested be included in this legislation. This 
amendment includes authorization for DOJ to focus on 
individuals who operate organized theft rings or are engaged in 
human trafficking. Additional provisions authorize grants for 
gang resistance education and encourage current juvenile 
offender grant programs to focus on bullying prevention.
    With the addition of these provisions in the manager's 
amendment, I am confident that this legislation truly reflects 
the bipartisan will of this Committee, and I thank the Members 
for their contribution.
    I now recognize Mr. Conyers for his remarks.
    Mr. Conyers. Thank you, Mr. Chairman.
    I rise in support of the legislation, commending Chairman 
Sensenbrenner for reasserting the Judiciary Committee's 
jurisdiction over the Department of Justice. I happen to have 
been the person that in 1979 was successful, with others, to 
get the first authorization bill through the Judiciary 
Committee.
    The reason this is important is that the Department has 
become resistant to congressional oversight frequently, 
refusing sometimes to answer questions or so vaguely that we 
still don't feel the answers are adequate. Fortunately, by 
working together today to address our concerns with the 
Department, I think we have a bill that is better than any that 
has ever been brought forward in authorizing the Department of 
Justice.
    The bill provides funding for various offices within the 
Department, but the one that I begin our discussion on is the 
Office of the Inspector General, with a $70 billion provision. 
In the past years, the Office of Inspector General has been 
diligent in overseeing the war on terrorism and the issues that 
have arisen as a result of it, and issuing reports on the 9/11 
detainees and frequently pushing the Department to change how 
its procedures for handling terrorism suspects is done.
    The second-most important provision that I bring to the 
attention of the Committee is the reauthorization of the 
Violence Against Women Act of 1994. For three Congresses we 
have worked on the bill, and each time, I think, dramatic 
improvements have been made. We have new vehicles to tackle 
this constant issue. And building on the work from previous 
years, the act reauthorizes some of the current programs that 
have been effective, including the STOP program, which provides 
State formula grants that help fund collaboration efforts 
between police and prosecutors and victims service providers, 
as well as legal assistance for victims.
    This time, we have gone a step further, and instead of 
focusing on adult victims of violence only, we address the 
problem of violence against children and youth by including 
programs for college campuses and assistance to youth who are 
themselves victims of violence. There is also attempt here to 
broaden our scope by not only focusing on services for victims, 
but also by focusing on effective prevention programs targeting 
children who have been exposed to violence and young families 
at risk for violence. These are serious prevention programs 
which deserve our continuing support as we move along with this 
measure.
    We also do something else. We help immigrants subjected to 
domestic violence to secure their rights to stay in the country 
and seek shelter from those who batter them, by expanding the 
class of victims who can seek immigration status by self-
petitioning through the Violence Against Women Act. For 
example, the bill protects children of child abuse from aging-
out, by allowing the victims to self-petition up to the age of 
25; parents abused by U.S. citizen children, by allowing them 
to file for relief under the Violence Against Women Act; and 
victims with prima facie cases for Violence Against Women Act 
self-petitioner, or a T or U visa, from removal or deportation.
    The measure also limits detention for victims who have 
pending petitions or applications for relief.
    And finally, this time around, we have tried to recognize 
the obstacles that some racial and ethnic minorities face in 
the mainstream system, and have included language and allow 
programs to target the communities of color.
    Chairman Sensenbrenner. The time of the gentleman has 
expired.
    Mr. Conyers. I ask unanimous consent that the remainder of 
my statement be included in the record.
    Chairman Sensenbrenner. Without objection, so ordered. 
Without objection, all Members' statements will appear in the 
record at this time.
    [The prepared statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative 
 in Congress from the State of Michigan, and Ranking Member, Committee 
                            on the Judiciary
    I rise in support of this legislation. I first would like to 
commend Chairman Sensenbrenner for reasserting the Judiciary 
Committee's jurisdiction over the Department of Justice with this bill. 
In the past few years, the Department has become increasingly resistant 
to congressional oversight, either refusing to answer questions or 
answering them vaguely at best. Fortunately, we worked together to 
address our concerns with the Department and arrived at the bill before 
us today.
    In general, the bill provides funding for the various offices 
within the Department. In this regard, I would like to note that it 
gives the Office of the Inspector General over $70 million for its 
responsibilities. In the past few years, the OIG has been diligent in 
overseeing the Department's war on terrorism, issuing reports on 9/11 
detainees and pushing the Department to change how its procedures for 
handling terrorism suspects.
    An important piece of the bill is the reauthorization of the 
Violence Against Women Act of 1994. This is the third time we have 
worked on this bill, and each time we make dramatic improvements by 
using new vehicles to tackle the issue. Building on work from previous 
years, the Act reauthorizes some of the current programs that have 
proven enormously effective, including the STOP program--which provides 
state formula grants that help fund collaboration efforts between 
police and prosecutors and victim services providers--and legal 
assistance for victims.
    But this time we take it a step further. This time, instead of 
focusing on adult victims of violence only, we try to address the 
problem of violence against children and youth by including programs 
for college campuses and assistance to youth who are themselves victims 
of violence. We also try to broaden our scope by not only focusing on 
services for victims, but also by focusing on effective prevention 
programs targeting children who have been exposed to violence and young 
families at risk for violence.
    In addition, the bill helps immigrants subjected to domestic 
violence secure the opportunity to stay in the country and seek shelter 
from their batterers. All too often women are threatened with 
deportation or a loss of legal immigrant status if they flee or report 
the abuse they or their children are suffering. This bill will expand 
protections for battered and trafficked immigrants, those emigrating to 
the U.S. as fiancees or spouses, and close family members joining 
immigrant victims of domestic violence in the U.S.
    Also, the bill will allow victims of child abuse to file for VAWA 
protection until they are 25, and it gives victims of elder abuse the 
right to seek VAWA protection as well. It will also help prevent the 
detention and removal of those with valid claims for immigration relief 
due to domestic violence. These improvements will help protect victims, 
encourage them to leave abusive relationships, and hopefully facilitate 
family unity and the prosecution of batterers.
    Finally, this time around we have tried to recognize the obstacles 
that some racial and ethnic minorities face in the mainstream system 
and have included language that allows programs to target communities 
of color.
    In addition, the bill reauthorizes the COPS office. We all know 
that this Clinton Administration program has been increasingly vital in 
crime prevention and crime solving. That is why COPS has received the 
praise of the Fraternal Order of Police, the largest law enforcement 
organization in the country. Local policing also is the backbone in our 
war on terrorism, as community officers are more likely to know the 
witnesses and more likely to be trusted by community residents who have 
information about potential attacks. This bill provides over $1 billion 
per year for this program.
    The bill also includes language offered by Rep. Adam Schiff to 
require the Attorney General to report to Congress on the number of 
persons detained on suspicion of terrorism. This is important because 
the Department has thwarted congressional and judicial efforts to 
obtain justification for terrorism detainees. The Department's Office 
of the Inspector General found that the Department and its components 
had abused terrorism suspects, pushing them into walls, leaving them in 
legal limbo, and depriving them of access to family or counsel. With 
these reports, elected representatives can better determine whether the 
Department is overstepping its bounds again.

    [The prepared statement of Mr. Goodlatte follows:]
Prepared Statement of the Honorable Bob Goodlatte, a Representative in 
                  Congress from the State of Virginia
    Mr. Chairman, I want to thank you for holding a markup of this 
important legislation, and for your willingness to include my amendment 
to this legislation that addresses organized retail theft (ORT), a 
serious and growing threat to our citizens and business community.
    It is estimated that professional organized retail theft rings are 
responsible for pilfering up to $30 billion in merchandise from retail 
stores annually.
    Organized retail theft groups typically target everyday household 
commodities and consumer items that can be easily sold through fencing 
operations, flea markets, swap meets and shady store-front operations. 
Items that are routinely stolen include over-the-counter drug products, 
such as analgesics and cold medications, razor blades, camera film, 
batteries, videos, DVDs, CDs, smoking cessation products, infant 
formula and computer software items. Thieves often travel from retail 
store to retail store, and from state to state, stealing relatively 
small amounts of goods from each store, but cumulatively stealing 
significant amounts of goods. Once stolen, these products can be sold 
back to fencing operations, which can dilute, alter and repackage the 
goods and then resell them, sometimes back to the same stores from 
which the products were originally stolen.
    When a product does not travel through the authorized channels of 
distribution, there is an increased risk that the product has been 
altered, diluted, reproduced and/or repackaged. These so-called 
``diverted products'' pose significant health risks to the public, 
especially the diverted medications and food products. Diverted 
products also cause considerable financial losses for legitimate 
manufacturers and retailers. Ultimately, the consumers bear the brunt 
of these losses as retail establishments are forced to raise prices to 
cover the additional costs of security and theft prevention measures.
    At the state level, organized retail theft crimes are normally 
prosecuted under state shoplifting statutes as mere misdemeanors. As a 
result, the thieves that participate in organized retail theft rings 
typically receive the same punishment as common shoplifters. The 
thieves who are convicted usually see very limited jail time or are 
placed on probation. I believe that the punishment does not fit the 
crime in these situations. Mere slaps on the wrists of these criminals 
has practically no deterrent effect. In addition, criminals who are 
involved in organized retail theft rings pose greater risks to the 
public because their intent is for the goods to be resold. Because the 
routes of these diverted products are extremely difficult to trace, 
there is a greater risk that these goods will be faulty, outdated and 
dangerous for consumer use. The punishment for these interstate crimes 
should be greater than that for common shoplifters. DOJ believes they 
have the authority under existing statutes to combat ORT rings. In 
addition, in December of 2003, the FBI established an organized retail 
theft initiative to combat this growing problem. While this is a good 
start, much work needs to be done to combat this problem.
    This amendment would direct resources to DOJ specifically to 
address ORT crimes to ensure that these crimes receive the appropriate 
attention. Specifically, this amendment creates a federal definition of 
organized retail theft crimes, and authorizes $5 million for each of 
the next three fiscal years for educating and training federal law 
enforcement regarding these crimes, as well as for investigating, 
apprehending and prosecuting individuals engaged in these crimes. In 
addition, this amendment directs the FBI to contribute to the 
construction of a national database housed in the private sector, where 
retail establishments, as well as federal, state, and local law 
enforcement can compile evidence on specific organized retail theft 
crimes to aid investigations and prosecutions. Often, a lack of 
information about the interstate nature of these crimes prevents 
federal law enforcement from getting involved in these cases. This 
database will help put the pieces together to show the organized and 
multi-state nature of these crimes, as well as provide important 
evidence for prosecutions.
    Thank you again, Mr. Chairman, for holding this important markup.

    [The prepared statement of Mr. Green follows:]
  Prepared Statement of the Honorable Mark Green, a Representative in 
                  Congress from the State of Wisconsin
    I rise in support of the Department of Justice Reauthorization Act 
before the Committee today. This is a good bill, with many great 
programs including the Violence Against Women Reauthorization Act. I 
worked extensively on this measure, introduced a comprehensive, stand 
alone act, and am glad to see it before us today in this bill.
    As you know VAWA was originally passed ten years ago and since that 
time has helped us make remarkable gains in stopping domestic and 
sexual violence. During that decade, VAWA has saved lives and helped 
millions of women and children find safety, security and self-
sufficiency. Because of the violence against women's act victims of 
domestic violence have found help to escape the violence and get 
treatment; law enforcement and the judicial system have learned how to 
better help these victims through what can be a very daunting legal 
process; and more people recognize the signs of abuse because of the 
awareness campaigns.
    Every step we take to stop domestic violence helps not only save 
that victim, but can help break the cycle of abuse. In this bill we are 
building on the successes of the violence against women act by 
reauthorizing great programs and including new, innovative and cost-
effective programs that will continue to help the criminal justice and 
legal systems better protect and help victims.
    We are doing this through training grants; providing direct 
services for all victims; providing services to children, teens and 
young adults who have experienced violence in their lives; educating 
young people about domestic violence and sexual assault; ensuring 
existing forms of immigration relief are available to victims; and 
improving the response to American Indian and Native Alaskan victims, 
who experience staggering rates of physical and sexual assault.
    Investing in these broad remedies and services for victims will 
help us to continue our exceptional progress in preventing these crimes 
and ensuring future generations are safe from domestic and sexual 
violence.
    This is a great measure and I urge my colleagues to support this 
bill.
    Thank you.

    [The prepared statement of Ms. Lofgren follows:]
 Prepared Statement of the Honorable Zoe Lofgren, a Representative in 
                 Congress from the State of California
    Mr. Chairman, a few weeks ago, I and over 120 of my colleagues 
introduced a comprehensive reauthorization of the Violence Against 
Women Act. VAWA is set to expire on September 30th of this year, so it 
is vital that this Congress quickly consider and pass a 
reauthorization.
    Since its passage in 1994, VAWA has been a success. It has provided 
over $5.5 billion in Federal funding to improve our criminal and 
community responses to domestic violence. But the statistics remain 
alarming. One in four women will experience domestic violence during 
her lifetime. Just in my home State of California, almost 6% of women 
suffer physical injuries from domestic violence each year. In 2001, 
California law enforcement received 198,000 domestic violence calls, 
with weapons involved in over 136,000 of those cases.
    I believe that the reauthorization that I put forth would go a long 
way towards putting a stop to this troubling reality. Today, we are 
considering a more limited reauthorization that includes only those 
provisions that are within the jurisdiction of the Judiciary Committee. 
I understand the need to keep the process moving in the House, and so I 
am a cosponsor of this bill and will support it today.
    Along those lines, I also want to thank the Chairman and Ranking 
Member for agreeing to include some additional provisions from my bill. 
I want to especially thank them for including new prevention programs. 
Traditionally, VAWA funding has gone to programs designed to respond to 
domestic violence after the fact. I believe that we also need to fund 
programs that help prevent domestic violence before it occurs, and this 
bill will do that.
    It is my understanding that the Senate will likely take up a 
broader bill that includes additional programs outside of the 
jurisdiction of the House Judiciary Committee, including housing and 
economic security programs for battered women. I understand that if 
that happens, the Chairman's intention is to have a meaningful 
conference with the Senate.
    I just want to state for the record that I hope these additional 
programs will eventually become part of a conference report. These 
programs are very important and I do not want to see them slip through 
the cracks. I encourage my colleagues to support this bill, and to also 
support a broader conference report that provides a comprehensive 
response to the problem of domestic violence.

    Chairman Sensenbrenner. Are there amendments?
    The gentlewoman from Texas, Ms. Jackson Lee.
    Ms. Jackson Lee. I thank you. I have an amendment at the 
desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3402, offered by Ms. Jackson 
Lee of Texas. At the end of the bill, add the following 
section----
    SEC. ___. 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.
    [The amendment follows:]
    
    
    Chairman Sensenbrenner. Without objection, the amendment is 
agreed to.
    Are there further amendments?
    Ms. Jackson Lee. I thank the Chairman very much, and I will 
just say I hope to work with you on this issue. Thank you.
    Chairman Sensenbrenner. The chair has a manager's amendment 
which represents more bipartisan work product on this one. The 
clerk will report the amendment.
    The Clerk. Amendment to H.R. 3402, offered by Mr. 
Sensenbrenner and Mr. Conyers. Page 7, after line 7, insert the 
following (and make such technical and conforming changes as 
may be appropriate):
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read.
    [The amendment follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. The chair will recognize himself 
for 5 seconds to state that this is the agreed upon amendment 
between the Ranking Member and the chair, and yields back the 
balance of his time.
    The gentleman from Michigan.
    Mr. Conyers. Mr. Chairman, I strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Conyers. The one thing that I would like to separate 
out to point out is that we include four amendments in the 
manager's amendment--one from the gentleman from Virginia, Mr. 
Bobby Scott; one from the gentlelady from California, 
Representative Linda Sanchez; one from the gentleman from 
California, Mr. Schiff; as a matter of fact, two from Mr. 
Schiff. And all of these are carefully worked out by our 
staffs, and I urge a yes on the manager's amendment and return 
my----
    Ms. Jackson Lee. Would the gentleman yield?
    Mr. Conyers. Yes, I would.
    Ms. Jackson Lee. I would just note that I will support the 
manager's amendment, with a caveat. And to avoid taking 5 
minutes time, I would like to note that a few weeks ago, I and 
over 120 of my colleagues in the House, introduced a 
comprehensive reauthorization of the Violence Against Women 
Act, which, as the Chairman has noted and the Ranking Member, 
is set to expire on the 30th. Today we are considering a more 
limited reauthorization that includes only those provisions 
that are within the jurisdiction of the Judiciary Committee.
    I understand the need to keep the process moving in the 
House and I am a cosponsor of this bill and I will support it. 
I also wanted to note that the Senate, I believe, is going to 
adopt a broader Violence Against Women measure, and it is my 
hope that in the Conference Committee it is the Chairman's 
intention to review carefully what the Senate is doing, and I 
would hope that a meaningful conference, that I hope to 
participate in, will bring back a more comprehensive Violence 
Against Women Act. And I will submit my full statement for the 
record.
    Chairman Sensenbrenner. Without objection the statement 
will be included.
    Ms. Jackson Lee. I thank the gentleman for yielding.
    Chairman Sensenbrenner. Will the gentleman from Michigan 
yield?
    Mr. Conyers. Yes, I will be glad to yield.
    Chairman Sensenbrenner. You know, I can give the 
gentlewoman from California my commitment that I will review 
seriously and carefully what the Senate does. I can't say they 
ever do that for what we do, but I will not cast the first 
stone this time. And I thank the----
    Mr. Conyers. Could I let the gentlelady know that I am a 
cosponsor, proudly, of the enlarged subject matter in the 
Violence Against Women provision, and I am happy to join her in 
it.
    Ms. Jackson Lee. Will the gentleman yield?
    Mr. Conyers. Yes. I yield to the gentlelady from Texas.
    Ms. Jackson Lee. The Chairman was so gracious and moved so 
quickly on my amendment, I just simply want to say that I 
support the manager's amendment and I also wanted to have, 
because I was detained, unanimous consent to indicate on H.R. 
3132 that I was detained. If I had been in the room, I would 
have voted aye on the Child Safety Act.
    Chairman Sensenbrenner. Without objection.
    Ms. Jackson Lee. And I thank the gentleman for yielding. I 
support the manager's amendment.
    Mr. Conyers. I yield back the balance of my time.
    Chairman Sensenbrenner. For what purpose does the gentleman 
from New York seek recognition?
    Mr. Nadler. Mr. Chairman, I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Nadler. Thank you, Mr. Chairman.
    I strongly support this bill and the manager's amendment, 
particularly the section renewing the Violence Against Women 
Act. And the new program that I have worked on, and I thank the 
Ranking Member, Mr. Conyers, for working on it with me, the 
Jessica Gonzales Victim Assistance Program, which is included 
in the manager's amendment to better enforce protective orders. 
On June 27th of this year, 2 weeks ago, in Castle Rock v. 
Gonzales, the Supreme Court held that the police did not have 
the mandatory duty to make an arrest under a court-issued 
protective order to protect a woman from a violent husband. The 
ruling ended a lawsuit by a Colorado woman who claimed the 
police did not do enough to prevent her violent husband from 
killing their three young daughters. The ruling said Jessica 
Gonzales did not have a constitutional right to police 
enforcement of the protective order that had been ordered by 
the court against her husband.
    The heartbreaking details of this case show the desperate 
need for legislation. That is why I drafted the Jessica 
Gonzales Victim Assistance Program, which will restore some of 
the effectiveness of protective orders and which is included in 
the manager's amendment. The Jessica Gonzales Victim Assistance 
Program would place special victim assistants in local law 
enforcement agencies to serve as liaisons between the agencies 
and victims of domestic violence, dating violence, sexual 
assault, and stalking, in order to improve the enforcement of 
protective orders. This program in turn would develop, in 
collaboration with prosecutors, courts, and victims service 
providers, standardized response policies for local law 
enforcement agencies, including triage protocols to ensure that 
dangerous and potentially lethal cases are identified and 
prioritized. These experts would also know what appropriate 
action should be taken to assist or secure the safety of 
domestic violence victims seeking the enforcement of a 
protective order.
    I would like to thank the Chairman and Ranking Member for 
working with me to include this important program in the 
manager's amendment. I support the adoption of the amendment 
and the renewal of the Violence Against Women Act, and I ask 
unanimous consent to include the complete statement which I 
didn't just read in the record.
    Chairman Sensenbrenner. Without objection, the statement 
will be included.
    [The statement of Mr. Nadler follows:]
Prepared Statement of the Honorable Jerrold Nadler, a Representative in 
                  Congress from the State of New York
    Mr. Chairman, I am a strong supporter of this bill, particularly 
the section renewing the Violence Against Women Act, and a new program 
I've worked on, the Jessica Gonzalez Victim Assistance Program, to 
better enforce protective orders.
    Every nine seconds a woman is battered in the United States. In 
2004, 155,375 women and children in New York City alone requested help 
from domestic violence programs, and these were only the documented 
cases. Many more cases go unmentioned as women, fearing to come 
forward, leave the assaults unreported.
    The most common form of domestic abuse is physical; but many men 
abuse their wives and partners emotionally, sexually, and economically; 
and women are not the only victims. Nationwide, between 3.3 and 10 
million children annually witness the abuse that occurs between their 
parents, and so the domestic violence cycle is passed on from 
generation to generation.
    For many years domestic violence has been viewed as a woman's 
problem, but that is not the case. Domestic violence is a woman's 
problem, a man's problem, the community's problem. The time is long 
overdue for men to take a stand and say that domestic violence is 
unacceptable.
    Today, together, we are making a big leap forward in protecting 
women who are victims by working, in a bipartisan manner, to improve 
and renew the Violence Against Women Act. In particular, I would like 
to point out that the Manager's Amendment includes a provision that I 
authored dealing with the enforcement of protective orders.
    On June 27, in Castle Rock v. Gonzales, the Supreme Court held that 
the police did not have a mandatory duty to make an arrest under a 
court-issued protective order to protect a woman from a violent 
husband. The ruling ended a lawsuit by a Colorado woman who claimed the 
police did not do enough to prevent her violent husband from killing 
their three young daughters. The ruling said Jessica Gonzales did not 
have a constitutional right to police enforcement of the protective 
court order against her husband.
    The heartbreaking details of this case show the desperate need for 
legislation. That's why I have drafted the Jessica Gonzales Victim 
Assistance Program, which will restore some of the effectiveness of 
protective orders.
    The Jessica Gonzales Victim Assistance Program would place special 
victim assistants in local law enforcement agencies to serve as 
liaisons between the agencies and victims of domestic violence, dating 
violence, sexual assault, and stalking in order to improve the 
enforcement of protection orders.
    This program, in turn, would develop, 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. Moreover, these experts would know what 
appropriate action should be taken to assist or secure the safety of 
domestic violence victims seeking the enforcement of a protection 
order.
    I would like to thank the Chairman and Ranking Member for working 
with me to include this important program in the Manager's Amendment. I 
support the adoption of the amendment and the renewal of the Violence 
Against Women Act.

    Mr. Conyers. Would the gentleman yield?
    Mr. Nadler. I would be happy to yield.
    Mr. Conyers. I want to thank him for his compliment and the 
work that he has done across the years on this subject matter. 
We are trying to move to report this bill before we begin our 
voting on the floor, and the only amendment that I know of on 
our side is the gentleman from New York, Mr. Weiner. It is 
likely that the vote will take place before 2 o'clock on the 
floor now, so I am hoping we can close this one down before we 
go to vote on the floor.
    Chairman Sensenbrenner. Without objection, the manager's 
amendment is agreed to.
    For what purpose does the gentleman from New York seek 
recognition?
    Mr. Weiner. Mr. Chairman, I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3402, offered by Mr. Weiner of 
New York. Add at an appropriate place the following:
    Mr. Weiner. Mr. Chairman, I ask unanimous consent that we 
consider this read.
    Chairman Sensenbrenner. Without objection.
    [The amendment follows:]
      
      

  


    Mr. Weiner. Mr. Chairman, first let me begin by expressing 
my g4ratitude to you for----
    Chairman Sensenbrenner. Without objection, the amendment is 
agreed to.
    Mr. Weiner. Thank you, Mr. Chairman. I yield back the 
balance of my time.
    Chairman Sensenbrenner. Are there further amendments?
    The gentleman from Indiana, Mr. Hostettler.
    Mr. Hostettler. Mr. Chairman, I have an amendment at the 
desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    Mr. Hostettler. And the amendment begins----
    Mr. Conyers. Reserving the right to object, Mr. Chairman.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3402, offered by Mr. 
Hostettler. Page 22, after line 14, insert the----
    Mr. Hostettler. Mr. Chairman, I ask unanimous consent----
    Chairman Sensenbrenner. The clerk will read until the 
amendment can be passed out.
    The Clerk.--insert the following (and make such technical 
and conforming changes as may be appropriate):
    SEC. 105. Congressional Action Necessary to Execute Orders 
Relating to Certain Claims.
    No order resulting from a claim pursuant to section 1979 of 
the Revised Statutes (42 U.S.C. 1983) may be executed without 
explicit statutory authority granted as a consequence of 
exercise of section 5 of the Fourteenth Amendment of the 
Constitution of the United States.
    [The amendment follows:]
      
      

  


    Chairman Sensenbrenner. The gentleman from Indiana is 
recognized----
    Mr. Conyers. Mr. Chairman, could I ask unanimous consent to 
withdraw my reservation.
    Chairman Sensenbrenner. Without objection.
    The gentleman from Indiana is recognized for 5 minutes.
    Mr. Hostettler. Thank you, Mr. Chairman.
    Mr. Chairman, Members are having passed out to them now the 
wording of the fourteenth amendment as well as a handout that 
will be instructive in this discussion.
    The wording of the fourteenth amendment is quite clear. 
Historically, Congress has used its power to enact civil rights 
statutes of various types, and that is evident on the handout. 
This fact was reiterated in testimony by Richard Parker, the 
Williams Professor of Law at Harvard University, before the 
Constitution Subcommittee on May 7, 2003. When asked about the 
practical impact of the 1954 Supreme Court decision, Brown v. 
Board of Education, on civil rights in America, Professor 
Parker responded: ``There was not much real desegregation of 
the public schools until the end of the 1960's, and it was 
Congress that did the heavy lifting.''
    The history of the ratification of the fourteenth amendment 
indicates that the Supreme Court held that rights reserved to 
the people indicated in the Bill of Rights before the 
fourteenth amendment were prohibitions against the National 
Government. The first suggestion of incorporation was made to 
the Court in 1887, 19 years after the ratification of the 
fourteenth amendment, and a Supreme Court justice did not 
subscribe to the notion of incorporation until 1892.
    Between 1868, the ratification of the fourteenth amendment, 
and 1947, when Justice Black suggested--reiterated 
incorporation in Adamson v. California, only three justices of 
the Supreme Court had suggested support for the doctrine of 
incorporation. And one of them actually recanted his support 
for that doctrine after first supporting the notion.
    The intent of the fourteenth amendment is clear, to give 
the Congress the authority to legislate on matters of civil 
rights. However, the Supreme Court has used the fourteenth 
amendment and the incorporation doctrine to, among other 
things, remove prayer, Bible reading, and the Ten Commandments 
from various public venues, including graduation, and to allow 
the destruction of innocent pre-born human life in Roe v. Wade.
    If you agree with those decisions and that it is the Court 
that is empowered by the fourteenth amendment to create rights, 
such as in Roe, and take away rights, such as in Kelo, then you 
should vote against my amendment. However, if you believe the 
clear wording of the Amendment empowers the people through 
their elected Members of Congress to legislate civil rights, 
then I would request that you support my amendment.


    Mr. Hostettler. Mr. Chairman, I yield back the balance of 
my time.
    Chairman Sensenbrenner. The chair recognizes himself for 5 
minutes in opposition to the amendment.
    This amendment is way overbroad and is going to have a lot 
of unintended consequences. But what I will say is that the 
civil rights statutes that have been passed since the time of 
the end of the Civil War until the present have been done 
pursuant to Congress's constitutional authority and may have 
created causes of action where people can bring alleged civil 
rights violations to the attention of the Federal courts, and 
if they win their case, the courts can fashion appropriate 
relief.
    What this amendment does is it says that somebody who wins 
a section 1983 case is going to have to come to Congress to get 
it executed, and there's going to have to be a bill passed by 
Congress in order to execute the award that someone has won 
after a trial. And we don't do this. If you have got a claim 
against somebody on contract, you win your case, you get a 
judgment, and then you get a writ of execution. And I don't see 
why we should have to say that making people come back to 
Congress after they win a certain type of civil rights case is 
good law, and it certainly means that when someone's civil 
rights have been violated, getting relief is a political 
question rather than a legal question.
    I would strongly urge opposition to this amendment, because 
it is going to have many unintended consequences.
    Mr. Conyers. Mr. Chairman?
    Chairman Sensenbrenner. I yield to the gentleman from 
Michigan.
    Mr. Conyers. All I can add to that, and I agree completely, 
is that title 42, section 1983 is the overriding Civil Rights 
Act in the entire Federal Code. If we were to follow the 
suggestion that is made in this amendment, we would be ripping 
out dozens of civil rights provisions and I don't know where to 
land this. This could have an incredibly far-reaching negative 
effect, especially as we are marshalling our bipartisan 
resources to extend provisions of the Voting Rights Act at this 
same time. So this would be one of the most shocking, largest 
steps backwards that I could imagine could possibly happen. And 
I urge that we quickly remove this amendment from discussion.
    I return my time.
    Chairman Sensenbrenner. The chair yields back the balance 
of his time.
    The question is on the Hostettler amendment. Those in favor 
will say aye? Opposed, no?
    The noes appear to have it. The noes have it. The amendment 
is not agreed to.
    Are there further amendments? The gentleman from 
California.
    Mr. Issa. Thank you, Mr. Chairman. I have an amendment at 
the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3402, offered by Mr. Issa of 
California. Insert at an appropriate place the following:
    SEC. ___. 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 US 
Postal Service.''
    [The amendment follows:]
      
      

  


    Chairman Sensenbrenner. Without objection, the amendment is 
agreed to.
    Are there further amendments?
    If there are no further amendments--the gentleman from 
Iowa, Mr. King?
    Mr. King. Mr. Chairman, I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. King. Thank you, Mr. Chairman.
    I wanted to voice my opinion and concern before this 
Committee. And I will be supporting this bill on its passage 
out of this Committee. There are some very, very good 
provisions in here and I appreciate the work that has been done 
on both sides of the aisle in this bipartisan manner. I do have 
some reservations with regard to some of the provisions, 
especially the fiancee provision, the significant-other 
provisions, and the opportunity there for fraud. I hope that 
the Chairman and the Ranking Member will be willing to look at 
some suggestions that I am likely to bring after this passes 
out of Committee.
    And I would yield back the balance of my time.
    Chairman Sensenbrenner. Are there further amendments? There 
are no further amendments.
    A reporting quorum is present. The question occurs on the 
motion to report the bill H.R. 3402 favorably, as amended. All 
in favor will say aye? Opposed, no?
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute incorporating the amendments adopted here today.
    Without objection, the staff is directed to make any 
technical and conforming changes, and all Members will be given 
2 days, as provided by the House rules, in which to submit 
additional, dissenting, supplemental, or minority views.
    The chair would like to thank everybody for their patience 
and forbearance on passing out two major bills and four 
important resolutions today. Because the agenda has been 
cleaned off, we will not come back tomorrow. We do have two 
items left over from the previous markup, the Civil Rights 
Restoration Act and the continued consideration of the Federal 
Prison Industries bill. We will be dealing with those when we 
come back here in September.
    The business having been concluded, without objection the 
Committee stands adjourned.
    [Whereupon, at 1:45 p.m., the Committee was adjourned.]

                                  
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