IB 

Union Calendar No. 129 

109TH CONGRESS 

1ST SESSION H. R. 3402 

[Report No. 109–233] 

To authorize appropriations for the Department of Justice for fiscal years 

2006 through 2009, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2005 

Mr. SENSENBRENNER (for himself, Mr. CONYERS, Ms. GINNY BROWN-WAITE

of Florida, Mr. GREEN of Wisconsin, Mr. SCHIFF, Mr. WEINER, and Mr. 

COBLE) introduced the following bill; which was referred to the Committee on the Judiciary 

SEPTEMBER 22, 2005 

Additional sponsors: Ms. ZOE LOFGREN of California, Mr. POE, Mr. BACHUS, 

Mr. GIBBONS, Ms. PRYCE of Ohio, Mr. SCOTT of Virginia, Mr. CANNON, 

Mr. GOHMERT, Ms. JACKSON-LEE of Texas, Mr. NADLER, Ms. LINDA T. 

SA ́NCHEZ of California, and Ms. WATERS

SEPTEMBER 22, 2005 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 22, 2005] 

A BILL 

To authorize appropriations for the Department of Justice 

for fiscal years 2006 through 2009, and for other purposes. 
2 

•HR 3402 RH 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘De5 partment of Justice Appropriations Authorization Act, Fis6 cal Years 2006 through 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of this 

8 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. 
3 

•HR 3402 RH 

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. 
4 

•HR 3402 RH 

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. 
5 

•HR 3402 RH 

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. 
6 

•HR 3402 RH 

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. 

1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2006. 

5 There are authorized to be appropriated for fiscal year 

6 2006, to carry out the activities of the Department of Jus7 tice (including any bureau, office, board, division, commis8 sion, subdivision, unit, or other component thereof), the fol9 lowing sums: 

10 (1) GENERAL ADMINISTRATION.—For General 

11 Administration: $161,407,000. 

12 (2) ADMINISTRATIVE REVIEW AND APPEALS.— 

13 For Administrative Review and Appeals: 

14 $216,286,000 for administration of pardon and clem15 ency petitions and for immigration-related activities. 

16 (3) OFFICE OF INSPECTOR GENERAL.—For the 

17 Office of Inspector General: $72,828,000, which shall 

18 include not to exceed $10,000 to meet unforeseen 

19 emergencies of a confidential character. 

20 (4) GENERAL LEGAL ACTIVITIES.—For General 

21 Legal Activities: $679,661,000, which shall include— 

22 (A) not less than $4,000,000 for the inves23 tigation and prosecution of denaturalization and 
7 

•HR 3402 RH 

1 deportation cases involving alleged Nazi war 

2 criminals; 

3 (B) not less than $15,000,000 for the inves4 tigation and prosecution of violations of title 17 

5 of the United States Code; 

6 (C) not to exceed $20,000 to meet unforeseen 

7 emergencies of a confidential character; and 

8 (D) $5,000,000 for the investigation and 

9 prosecution of violations of chapter 77 of title 18 

10 of the United States Code. 

11 (5) ANTITRUST DIVISION.—For the Antitrust Di12 vision: $144,451,000. 

13 (6) UNITED STATES ATTORNEYS.—For United 

14 States Attorneys: $1,626,146,000. 

15 (7) FEDERAL BUREAU OF INVESTIGATION.—For 

16 the Federal Bureau of Investigation: $5,761,237,000, 

17 which shall include not to exceed $70,000 to meet un18 foreseen emergencies of a confidential character. 

19 (8) UNITED STATES MARSHALS SERVICE.—For 

20 the United States Marshals Service: $800,255,000. 

21 (9) FEDERAL PRISON SYSTEM.—For the Federal 

22 Prison System, including the National Institute of 

23 Corrections: $5,065,761,000. 

24 (10) DRUG ENFORCEMENT ADMINISTRATION.— 

25 For the Drug Enforcement Administration: 
8 

•HR 3402 RH 

1 $1,716,173,000, which shall include not to exceed 

2 $70,000 to meet unforeseen emergencies of a confiden3 tial character. 

4 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

5 AND EXPLOSIVES.—For the Bureau of Alcohol, To6 bacco, Firearms and Explosives: $923,613,000. 

7 (12) FEES AND EXPENSES OF WITNESSES.—For 

8 Fees and Expenses of Witnesses: $181,137,000, which 

9 shall include not to exceed $8,000,000 for construction 

10 of protected witness safesites. 

11 (13) INTERAGENCY CRIME AND DRUG ENFORCE12 MENT.—For Interagency Crime and Drug Enforce13 ment: $661,940,000 for expenses not otherwise pro14 vided for, for the investigation and prosecution of per15 sons involved in organized crime drug trafficking, ex16 cept that any funds obligated from appropriations 

17 authorized by this paragraph may be used under au18 thorities available to the organizations reimbursed 

19 from such funds. 

20 (14) FOREIGN CLAIMS SETTLEMENT COMMIS21 SION.—For the Foreign Claims Settlement Commis22 sion: $1,270,000. 

23 (15) COMMUNITY RELATIONS SERVICE.— For the 

24 Community Relations Service: $9,759,000. 
9 

•HR 3402 RH 

1 (16) ASSETS FORFEITURE FUND.—For the Assets 

2 Forfeiture Fund: $21,468,000 for expenses authorized 

3 by section 524 of title 28, United States Code. 

4 (17) UNITED STATES PAROLE COMMISSION.—For 

5 the United States Parole Commission: $11,300,000. 

6 (18) FEDERAL DETENTION TRUSTEE.—For the 

7 necessary expenses of the Federal Detention Trustee: 

8 $1,222,000,000. 

9 (19) JUSTICE INFORMATION SHARING TECH10 NOLOGY.—For necessary expenses for information 

11 sharing technology, including planning, development, 

12 and deployment: $181,490,000. 

13 (20) NARROW BAND COMMUNICATIONS.—For the 

14 costs of conversion to narrowband communications, 

15 including the cost for operation and maintenance of 

16 Land Mobile Radio legacy systems: $128,701,000. 

17 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

18 ACTIVITIES.—For the administrative expenses of the 

19 Office of Justice Programs, the Office on Violence 

20 Against Women, and Office of Community Oriented 

21 Policing Services: 

22 (A) $121,105,000 for the Office of Justice 

23 Programs. 

24 (B) $14,172,000 for the Office on Violence 

25 Against Women. 
10 

•HR 3402 RH 

1 (C) $31,343,000 for the Office of Commu2 nity Oriented Policing Services. 

3 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2007. 

5 There are authorized to be appropriated for fiscal year 

6 2007, to carry out the activities of the Department of Jus7 tice (including any bureau, office, board, division, commis8 sion, subdivision, unit, or other component thereof), the fol9 lowing sums: 

10 (1) GENERAL ADMINISTRATION.—For General 

11 Administration: $167,863,000. 

12 (2) ADMINISTRATIVE REVIEW AND APPEALS.— 

13 For Administrative Review and Appeals: 

14 $224,937,000 for administration of pardon and clem15 ency petitions and for immigration-related activities. 

16 (3) OFFICE OF INSPECTOR GENERAL.—For the 

17 Office of Inspector General: $75,741,000, which shall 

18 include not to exceed $10,000 to meet unforeseen 

19 emergencies of a confidential character. 

20 (4) GENERAL LEGAL ACTIVITIES.—For General 

21 Legal Activities: $706,847,000, which shall include— 

22 (A) not less than $4,000,000 for the inves23 tigation and prosecution of denaturalization and 

24 deportation cases involving alleged Nazi war 

25 criminals; 
11 

•HR 3402 RH 

1 (B) not less than $15,600,000 for the inves2 tigation and prosecution of violations of title 17 

3 of the United States Code; 

4 (C) not to exceed $20,000 to meet unforeseen 

5 emergencies of a confidential character; and 

6 (D) $5,000,000 for the investigation and 

7 prosecution of violations of chapter 77 of title 18 

8 of the United States Code. 

9 (5) ANTITRUST DIVISION.—For the Antitrust Di10 vision: $150,229,000. 

11 (6) UNITED STATES ATTORNEYS.—For United 

12 States Attorneys: $1,691,192,000. 

13 (7) FEDERAL BUREAU OF INVESTIGATION.—For 

14 the Federal Bureau of Investigation: $5,991,686,000, 

15 which shall include not to exceed $70,000 to meet un16 foreseen emergencies of a confidential character. 

17 (8) UNITED STATES MARSHALS SERVICE.—For 

18 the United States Marshals Service: $832,265,000. 

19 (9) FEDERAL PRISON SYSTEM.—For the Federal 

20 Prison System, including the National Institute of 

21 Corrections: $5,268,391,000. 

22 (10) DRUG ENFORCEMENT ADMINISTRATION.— 

23 For the Drug Enforcement Administration: 

24 $1,784,820,000, which shall include not to exceed 
12 

•HR 3402 RH 

1 $70,000 to meet unforeseen emergencies of a confiden2 tial character. 

3 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

4 AND EXPLOSIVES.—For the Bureau of Alcohol, To5 bacco, Firearms and Explosives: $960,558,000. 

6 (12) FEES AND EXPENSES OF WITNESSES.—For 

7 Fees and Expenses of Witnesses: $188,382,000, which 

8 shall include not to exceed $8,000,000 for construction 

9 of protected witness safesites. 

10 (13) INTERAGENCY CRIME AND DRUG ENFORCE11 MENT.—For Interagency Crime and Drug Enforce12 ment: $688,418,000, for expenses not otherwise pro13 vided for, for the investigation and prosecution of per14 sons involved in organized crime drug trafficking, ex15 cept that any funds obligated from appropriations 

16 authorized by this paragraph may be used under au17 thorities available to the organizations reimbursed 

18 from such funds. 

19 (14) FOREIGN CLAIMS SETTLEMENT COMMIS20 SION.—For the Foreign Claims Settlement Commis21 sion: $1,321,000. 

22 (15) COMMUNITY RELATIONS SERVICE.—For the 

23 Community Relations Service: $10,149,000. 
13 

•HR 3402 RH 

1 (16) ASSETS FORFEITURE FUND.—For the Assets 

2 Forfeiture Fund: $22,000,000 for expenses authorized 

3 by section 524 of title 28, United States Code. 

4 (17) UNITED STATES PAROLE COMMISSION.—For 

5 the United States Parole Commission: $11,752,000. 

6 (18) FEDERAL DETENTION TRUSTEE.—For the 

7 necessary expenses of the Federal Detention Trustee: 

8 $1,405,300,000. 

9 (19) JUSTICE INFORMATION SHARING TECH10 NOLOGY.—For necessary expenses for information 

11 sharing technology, including planning, development, 

12 and deployment: $188,750,000. 

13 (20) NARROWBAND COMMUNICATIONS.—For the 

14 costs of conversion to narrowband communications, 

15 including the cost for operation and maintenance of 

16 Land Mobile Radio legacy systems: $133,849,000. 

17 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

18 ACTIVITIES.—For the administrative expenses of the 

19 Office of Justice Programs, the Office on Violence 

20 Against Women, and the Office of Community Ori21 ented Policing Services: 

22 (A) $125,949,000 for the Office of Justice 

23 Programs. 

24 (B) $15,600,000 for the Office on Violence 

25 Against Women. 
14 

•HR 3402 RH 

1 (C) $32,597,000 for the Office of Commu2 nity Oriented Policing Services. 

3 SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2008. 

5 There are authorized to be appropriated for fiscal year 

6 2008, to carry out the activities of the Department of Jus7 tice (including any bureau, office, board, division, commis8 sion, subdivision, unit, or other component thereof), the fol9 lowing sums: 

10 (1) GENERAL ADMINISTRATION.—For General 

11 Administration: $174,578,000. 

12 (2) ADMINISTRATIVE REVIEW AND APPEALS.— 

13 For Administrative Review and Appeals: 

14 $233,934,000 for administration of pardon and clem15 ency petitions and for immigration-related activities. 

16 (3) OFFICE OF INSPECTOR GENERAL.—For the 

17 Office of Inspector General: $78,771,000, which shall 

18 include not to exceed $10,000 to meet unforeseen 

19 emergencies of a confidential character. 

20 (4) GENERAL LEGAL ACTIVITIES.—For General 

21 Legal Activities: $735,121,000, which shall include— 

22 (A) not less than $4,000,000 for the inves23 tigation and prosecution of denaturalization and 

24 deportation cases involving alleged Nazi war 

25 criminals; 
15 

•HR 3402 RH 

1 (B) not less than $16,224,000 for the inves2 tigation and prosecution of violations of title 17 

3 of the United States Code; 

4 (C) not to exceed $20,000 to meet unforeseen 

5 emergencies of a confidential character; and 

6 (D) $5,000,000 for the investigation and 

7 prosecution of violations of chapter 77 of title 18 

8 of the United States Code. 

9 (5) ANTITRUST DIVISION.—For the Antitrust Di10 vision: $156,238,000. 

11 (6) UNITED STATES ATTORNEYS.—For United 

12 States Attorneys: $1,758,840,000. 

13 (7) FEDERAL BUREAU OF INVESTIGATION.—For 

14 the Federal Bureau of Investigation: $6,231,354,000, 

15 which shall include not to exceed $70,000 to meet un16 foreseen emergencies of a confidential character. 

17 (8) UNITED STATES MARSHALS SERVICE.—For 

18 the United States Marshals Service: $865,556,000. 

19 (9) FEDERAL PRISON SYSTEM.—For the Federal 

20 Prison System, including the National Institute of 

21 Corrections: $5,479,127,000. 

22 (10) DRUG ENFORCEMENT ADMINISTRATION.— 

23 For the Drug Enforcement Administration: 

24 $1,856,213,000, which shall include not to exceed 
16 

•HR 3402 RH 

1 $70,000 to meet unforeseen emergencies of a confiden2 tial character. 

3 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

4 AND EXPLOSIVES.—For the Bureau of Alcohol, To5 bacco, Firearms and Explosives: $998,980,000. 

6 (12) FEES AND EXPENSES OF WITNESSES.—For 

7 Fees and Expenses of Witnesses: $195,918,000, which 

8 shall include not to exceed $8,000,000 for construction 

9 of protected witness safesites. 

10 (13) INTERAGENCY CRIME AND DRUG ENFORCE11 MENT.—For Interagency Crime and Drug Enforce12 ment: $715,955,000, for expenses not otherwise pro13 vided for, for the investigation and prosecution of per14 sons involved in organized crime drug trafficking, ex15 cept that any funds obligated from appropriations 

16 authorized by this paragraph may be used under au17 thorities available to the organizations reimbursed 

18 from such funds. 

19 (14) FOREIGN CLAIMS SETTLEMENT COMMIS20 SION.—For the Foreign Claims Settlement Commis21 sion: $1,374,000. 

22 (15) COMMUNITY RELATIONS SERVICE.—For the 

23 Community Relations Service: $10,555,000. 
17 

•HR 3402 RH 

1 (16) ASSETS FORFEITURE FUND.—For the Assets 

2 Forfeiture Fund: $22,000,000 for expenses authorized 

3 by section 524 of title 28, United States Code. 

4 (17) UNITED STATES PAROLE COMMISSION.—For 

5 the United States Parole Commission: $12,222,000. 

6 (18) FEDERAL DETENTION TRUSTEE.—For the 

7 necessary expenses of the Federal Detention Trustee: 

8 $1,616,095,000. 

9 (19) JUSTICE INFORMATION SHARING TECH10 NOLOGY.—For necessary expenses for information 

11 sharing technology, including planning, development, 

12 and deployment: $196,300,000. 

13 (20) NARROWBAND COMMUNICATIONS.—For the 

14 costs of conversion to narrowband communications, 

15 including the cost for operation and maintenance of 

16 Land Mobile Radio legacy systems: $139,203,000. 

17 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

18 ACTIVITIES.—For the administrative expenses of the 

19 Office of Justice Programs, the Office on Violence 

20 Against Women, and the Office of Community Ori21 ented Policing Services: 

22 (A) $130,987,000 for the Office of Justice 

23 Programs. 

24 (B) $16,224,000 for the Office on Violence 

25 Against Women. 
18 

•HR 3402 RH 

1 (C) $33,901,000 for the Office of Commu2 nity Oriented Policing Services. 

3 SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2009. 

5 There are authorized to be appropriated for fiscal year 

6 2009, to carry out the activities of the Department of Jus7 tice (including any bureau, office, board, division, commis8 sion, subdivision, unit, or other component thereof), the fol9 lowing sums: 

10 (1) GENERAL ADMINISTRATION.—For General 

11 Administration: $181,561,000. 

12 (2) ADMINISTRATIVE REVIEW AND APPEALS.— 

13 For Administrative Review and Appeals: 

14 $243,291,000 for administration of pardon and clem15 ency petitions and for immigration-related activities. 

16 (3) OFFICE OF INSPECTOR GENERAL.—For the 

17 Office of Inspector General: $81,922,000, which shall 

18 include not to exceed $10,000 to meet unforeseen 

19 emergencies of a confidential character. 

20 (4) GENERAL LEGAL ACTIVITIES.—For General 

21 Legal Activities: $764,526,000, which shall include— 

22 (A) not less than $4,000,000 for the inves23 tigation and prosecution of denaturalization and 

24 deportation cases involving alleged Nazi war 

25 criminals; 
19 

•HR 3402 RH 

1 (B) not less than $16,872,000 for the inves2 tigation and prosecution of violations of title 17 

3 of the United States Code; 

4 (C) not to exceed $20,000 to meet unforeseen 

5 emergencies of a confidential character; and 

6 (D) $5,000,000 for the investigation and 

7 prosecution of violations of chapter 77 of title 18 

8 of the United States Code. 

9 (5) ANTITRUST DIVISION.—For the Antitrust Di10 vision: $162,488,000. 

11 (6) UNITED STATES ATTORNEYS.—For United 

12 States Attorneys: $1,829,194,000. 

13 (7) FEDERAL BUREAU OF INVESTIGATION.—For 

14 the Federal Bureau of Investigation: $6,480,608,000, 

15 which shall include not to exceed $70,000 to meet un16 foreseen emergencies of a confidential character. 

17 (8) UNITED STATES MARSHALS SERVICE.—For 

18 the United States Marshals Service: $900,178,000. 

19 (9) FEDERAL PRISON SYSTEM.—For the Federal 

20 Prison System, including the National Institute of 

21 Corrections: $5,698,292,000. 

22 (10) DRUG ENFORCEMENT ADMINISTRATION.— 

23 For the Drug Enforcement Administration: 

24 $1,930,462,000, which shall include not to exceed 
20 

•HR 3402 RH 

1 $70,000 to meet unforeseen emergencies of a confiden2 tial character. 

3 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

4 AND EXPLOSIVES.—For the Bureau of Alcohol, To5 bacco, Firearms and Explosives: $1,038,939,000. 

6 (12) FEES AND EXPENSES OF WITNESSES.—For 

7 Fees and Expenses of Witnesses: $203,755,000, which 

8 shall include not to exceed $8,000,000 for construction 

9 of protected witness safesites. 

10 (13) INTERAGENCY CRIME AND DRUG ENFORCE11 MENT.—For Interagency Crime and Drug Enforce12 ment: $744,593,000, for expenses not otherwise pro13 vided for, for the investigation and prosecution of per14 sons involved in organized crime drug trafficking, ex15 cept that any funds obligated from appropriations 

16 authorized by this paragraph may be used under au17 thorities available to the organizations reimbursed 

18 from such funds. 

19 (14) FOREIGN CLAIMS SETTLEMENT COMMIS20 SION.—For the Foreign Claims Settlement Commis21 sion: $1,429,000. 

22 (15) COMMUNITY RELATIONS SERVICE.—For the 

23 Community Relations Service: $10,977,000. 
21 

•HR 3402 RH 

1 (16) ASSETS FORFEITURE FUND.—For the Assets 

2 Forfeiture Fund: $22,000,000 for expenses authorized 

3 by section 524 of title 28, United States Code. 

4 (17) UNITED STATES PAROLE COMMISSION.—For 

5 the United States Parole Commission: $12,711,000. 

6 (18) FEDERAL DETENTION TRUSTEE.—For the 

7 necessary expenses of the Federal Detention Trustee: 

8 $1,858,509,000. 

9 (19) JUSTICE INFORMATION SHARING TECH10 NOLOGY.—For necessary expenses for information 

11 sharing technology, including planning, development, 

12 and deployment: $204,152,000. 

13 (20) NARROWBAND COMMUNICATIONS.—For the 

14 costs of conversion to narrowband communications, 

15 including the cost for operation and maintenance of 

16 Land Mobile Radio legacy systems: $144,771,000. 

17 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

18 ACTIVITIES.—For the administrative expenses of the 

19 Office of Justice Programs, the Office on Violence 

20 Against Women, and the Office of Community Ori21 ented Policing Services: 

22 (A) $132,226,000 for the Office of Justice 

23 Programs. 

24 (B) $16,837,000 for the Office on Violence 

25 Against Women. 
22 

•HR 3402 RH 

1 (C) $35,257,000 for the Office of Commu2 nity Oriented Policing Services. 

3 SEC. 105. ORGANIZED RETAIL THEFT. 

4 (a) NATIONAL DATA.—(1) The Attorney General and 

5 the Federal Bureau of Investigation shall establish a task 

6 force to combat organized retail theft and provide expertise 

7 to the retail community for the establishment of a national 

8 database or clearinghouse housed and maintained in the 

9 private sector to track and identify where organized retail 

10 theft type crimes are being committed in the United Sates. 

11 The national database shall allow Federal, State, and local 

12 law enforcement officials as well as authorized retail com13 panies (and authorized associated retail databases) to 

14 transmit information into the database electronically and 

15 to review information that has been submitted electroni16 cally. 

17 (2) The Attorney General shall make available funds 

18 to provide for the ongoing administrative and technological 

19 costs to federal law enforcement agencies participating in 

20 the database project. 

21 (3) The Attorney General through the Bureau of Jus22 tice Assistance in the Office of Justice may make grants 

23 to help provide for the administrative and technological 

24 costs to State and local law enforcement agencies partici25 pating in the data base project. 
23 

•HR 3402 RH 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated for each of fiscal years 2006 

3 through 2009, $5,000,000 for educating and training fed4 eral law enforcement regarding organized retail theft, for 

5 investigating, apprehending and prosecuting individuals 

6 engaged in organized retail theft, and for working with the 

7 private sector to establish and utilize the database described 

8 in subsection (a). 

9 (c) DEFINITION OF ORGANIZED RETAIL THEFT.—For 

10 purposes of this section, ‘‘organized retail theft’’ means— 

11 (1) the violation of a State prohibition on retail 

12 merchandise theft or shoplifting, if the violation con13 sists of the theft of quantities of items that would not 

14 normally be purchased for personal use or consump15 tion and for the purpose of reselling the items or for 

16 reentering the items into commerce; 

17 (2) the receipt, possession, concealment, bar18 tering, sale, transport, or disposal of any property 

19 that is know or should be known to have been taken 

20 in violation of paragraph (1); or 

21 (3) the coordination, organization, or recruit22 ment of persons to undertake the conduct described in 

23 paragraph (1) or (2). 
24 

•HR 3402 RH 

1 TITLE II—IMPROVING THE DE2 PARTMENT OF JUSTICE’S 

3 GRANT PROGRAMS 

4 Subtitle A—Assisting Law Enforce5 ment and Criminal Justice 

6 Agencies 

7 SEC. 201. MERGER OF BYRNE GRANT PROGRAM AND LOCAL 

8 LAW ENFORCEMENT BLOCK GRANT PRO9 GRAM. 

10 (a) IN GENERAL.—Part E of title I of the Omnibus 

11 Crime Control and Safe Streets Act of 1968 is amended 

12 as follows: 

13 (1) Subpart 1 of such part (42 U.S.C. 3751– 

14 3759) is repealed. 

15 (2) Such part is further amended— 

16 (A) by inserting before section 500 (42 

17 U.S.C. 3750) the following new heading: 

18 ‘‘Subpart 1—Edward Byrne Memorial Justice 

19 Assistance Grant Program’’; 

20 (B) by amending section 500 to read as fol21 lows: 

22 ‘‘SEC. 500. NAME OF PROGRAM. 

23 ‘‘(a) IN GENERAL.—The grant program established 

24 under this subpart shall be known as the ‘Edward Byrne 

25 Memorial Justice Assistance Grant Program’. 
25 

•HR 3402 RH 

1 ‘‘(b) REFERENCES TO FORMER PROGRAMS.—Any ref2 erence in a law, regulation, document, paper, or other 

3 record of the United States to the Edward Byrne Memorial 

4 State and Local Law Enforcement Assistance Programs, or 

5 to the Local Government Law Enforcement Block Grants 

6 program, shall be deemed to be a reference to the grant pro7 gram referred to in subsection (a).’’; and 

8 (C) by inserting after section 500 the fol9 lowing new sections: 

10 ‘‘SEC. 501. DESCRIPTION. 

11 ‘‘(a) GRANTS AUTHORIZED.— 

12 ‘‘(1) IN GENERAL.—From amounts made avail13 able to carry out this subpart, the Attorney General 

14 may, in accordance with the formula established 

15 under section 505, make grants to States and units 

16 of local government, for use by the State or unit of 

17 local government to provide additional personnel, 

18 equipment, supplies, contractual support, training, 

19 technical assistance, and information systems for 

20 criminal justice, including for any one or more of the 

21 following programs: 

22 ‘‘(A) Law enforcement programs. 

23 ‘‘(B) Prosecution and court programs. 

24 ‘‘(C) Prevention and education programs. 
26 

•HR 3402 RH 

1 ‘‘(D) Corrections and community correc2 tions programs. 

3 ‘‘(E) Drug treatment and enforcement pro4 grams. 

5 ‘‘(F) Planning, evaluation, and technology 

6 improvement programs. 

7 ‘‘(G) Crime victim and witness programs 

8 (other than compensation). 

9 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 

10 shall be construed to ensure that a grant under that 

11 paragraph may be used for any purpose for which a 

12 grant was authorized to be used under either or both 

13 of the programs specified in section 500(b), as those 

14 programs were in effect immediately before the enact15 ment of this paragraph. 

16 ‘‘(b) CONTRACTS AND SUBAWARDS.—A State or unit 

17 of local government may, in using a grant under this sub18 part for purposes authorized by subsection (a), use all or 

19 a portion of that grant to contract with or make one or 

20 more subawards to one or more— 

21 ‘‘(1) neighborhood or community-based organiza22 tions that are private and nonprofit; 

23 ‘‘(2) units of local government; or 

24 ‘‘(3) tribal governments. 

25 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIVER.— 
27 

•HR 3402 RH 

1 ‘‘(1) Each program funded under this subpart 

2 shall contain a program assessment component, devel3 oped pursuant to guidelines established by the Attor4 ney General, in coordination with the National Insti5 tute of Justice. 

6 ‘‘(2) The Attorney General may waive the re7 quirement of paragraph (1) with respect to a program 

8 if, in the opinion of the Attorney General, the pro9 gram is not of sufficient size to justify a full program 

10 assessment. 

11 ‘‘(d) PROHIBITED USES.—Notwithstanding any other 

12 provision of this Act, no funds provided under this subpart 

13 may be used, directly or indirectly, to provide any of the 

14 following matters: 

15 ‘‘(1) Any security enhancements or any equip16 ment to any nongovernmental entity that is not en17 gaged in criminal justice or public safety. 

18 ‘‘(2) Unless the Attorney General certifies that 

19 extraordinary and exigent circumstances exist that 

20 make the use of such funds to provide such matters 

21 essential to the maintenance of public safety and good 

22 order— 

23 ‘‘(A) vehicles, vessels, or aircraft; 

24 ‘‘(B) luxury items; 

25 ‘‘(C) real estate; 
28 

•HR 3402 RH 

1 ‘‘(D) construction projects (other than penal 

2 or correctional institutions); or 

3 ‘‘(E) any similar matters. 

4 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 per5 cent of a grant made under this subpart may be used for 

6 costs incurred to administer such grant. 

7 ‘‘(f) PERIOD.—The period of a grant made under this 

8 subpart shall be four years, except that renewals and exten9 sions beyond that period may be granted at the discretion 

10 of the Attorney General. 

11 ‘‘(g) RULE OF CONSTRUCTION.—Subparagraph (d)(1) 

12 shall not be construed to prohibit the use, directly or indi13 rectly, of funds provided under this subpart to provide secu14 rity at a public event, such as a political convention or 

15 major sports event, so long as such security is provided 

16 under applicable laws and procedures. 

17 ‘‘SEC. 502. APPLICATIONS. 

18 ‘‘To request a grant under this subpart, the chief execu19 tive officer of a State or unit of local government shall sub20 mit an application to the Attorney General within 90 days 

21 after the date on which funds to carry out this subpart are 

22 appropriated for a fiscal year, in such form as the Attorney 

23 General may require. Such application shall include the fol24 lowing: 
29 

•HR 3402 RH 

1 ‘‘(1) A certification that Federal funds made 

2 available under this subpart will not be used to sup3 plant State or local funds, but will be used to increase 

4 the amounts of such funds that would, in the absence 

5 of Federal funds, be made available for law enforce6 ment activities. 

7 ‘‘(2) An assurance that, not fewer than 30 days 

8 before the application (or any amendment to the ap9 plication) was submitted to the Attorney General, the 

10 application (or amendment) was submitted for review 

11 to the governing body of the State or unit of local gov12 ernment (or to an organization designated by that 

13 governing body). 

14 ‘‘(3) An assurance that, before the application 

15 (or any amendment to the application) was submitted 

16 to the Attorney General— 

17 ‘‘(A) the application (or amendment) was 

18 made public; and 

19 ‘‘(B) an opportunity to comment on the ap20 plication (or amendment) was provided to citi21 zens and to neighborhood or community-based 

22 organizations, to the extent applicable law or es23 tablished procedure makes such an opportunity 

24 available. 
30 

•HR 3402 RH 

1 ‘‘(4) An assurance that, for each fiscal year cov2 ered by an application, the applicant shall maintain 

3 and report such data, records, and information (pro4 grammatic and financial) as the Attorney General 

5 may reasonably require. 

6 ‘‘(5) A certification, made in a form acceptable 

7 to the Attorney General and executed by the chief ex8 ecutive officer of the applicant (or by another officer 

9 of the applicant, if qualified under regulations pro10 mulgated by the Attorney General), that— 

11 ‘‘(A) the programs to be funded by the grant 

12 meet all the requirements of this subpart; 

13 ‘‘(B) all the information contained in the 

14 application is correct; 

15 ‘‘(C) there has been appropriate coordina16 tion with affected agencies; and 

17 ‘‘(D) the applicant will comply with all 

18 provisions of this subpart and all other applica19 ble Federal laws. 

20 ‘‘SEC. 503. REVIEW OF APPLICATIONS. 

21 ‘‘The Attorney General shall not finally disapprove 

22 any application (or any amendment to that application) 

23 submitted under this subpart without first affording the ap24 plicant reasonable notice of any deficiencies in the applica25 tion and opportunity for correction and reconsideration. 
31 

•HR 3402 RH 

1 ‘‘SEC. 504. RULES. 

2 ‘‘The Attorney General shall issue rules to carry out 

3 this subpart. The first such rules shall be issued not later 

4 than one year after the date on which amounts are first 

5 made available to carry out this subpart. 

6 ‘‘SEC. 505. FORMULA. 

7 ‘‘(a) ALLOCATION AMONG STATES.— 

8 ‘‘(1) IN GENERAL.—Of the total amount appro9 priated for this subpart, the Attorney General shall, 

10 except as provided in paragraph (2), allocate— 

11 ‘‘(A) 50 percent of such remaining amount 

12 to each State in amounts that bear the same 

13 ratio of— 

14 ‘‘(i) the total population of a State 

15 to— 

16 ‘‘(ii) the total population of the United 

17 States; and 

18 ‘‘(B) 50 percent of such remaining amount 

19 to each State in amounts that bear the same 

20 ratio of— 

21 ‘‘(i) the average annual number of part 

22 1 violent crimes of the Uniform Crime Re23 ports of the Federal Bureau of Investigation 

24 reported by such State for the three most re25 cent years reported by such State to— 
32 

•HR 3402 RH 

1 ‘‘(ii) the average annual number of 

2 such crimes reported by all States for such 

3 years. 

4 ‘‘(2) MINIMUM ALLOCATION.—If carrying out 

5 paragraph (1) would result in any State receiving an 

6 allocation less than 0.25 percent of the total amount 

7 (in this paragraph referred to as a ‘minimum alloca8 tion State’), then paragraph (1), as so carried out, 

9 shall not apply, and the Attorney General shall in10 stead— 

11 ‘‘(A) allocate 0.25 percent of the total 

12 amount to each State; and 

13 ‘‘(B) using the amount remaining after car14 rying out subparagraph (A), carry out para15 graph (1) in a manner that excludes each min16 imum allocation State, including the population 

17 of and the crimes reported by such State. 

18 ‘‘(b) ALLOCATION BETWEEN STATES AND UNITS OF

19 LOCAL GOVERNMENT.—Of the amounts allocated under 

20 subsection (a)— 

21 ‘‘(1) 60 percent shall be for direct grants to 

22 States, to be allocated under subsection (c); and 

23 ‘‘(2) 40 percent shall be for grants to be allocated 

24 under subsection (d). 

25 ‘‘(c) ALLOCATION FOR STATE GOVERNMENTS.— 
33 

•HR 3402 RH 

1 ‘‘(1) IN GENERAL.—Of the amounts allocated 

2 under subsection (b)(1), each State may retain for the 

3 purposes described in section 501 an amount that 

4 bears the same ratio of— 

5 ‘‘(A) total expenditures on criminal justice 

6 by the State government in the most recently 

7 completed fiscal year to— 

8 ‘‘(B) the total expenditure on criminal jus9 tice by the State government and units of local 

10 government within the State in such year. 

11 ‘‘(2) REMAINING AMOUNTS.—Except as provided 

12 in subsection (e)(1), any amounts remaining after the 

13 allocation required by paragraph (1) shall be made 

14 available to units of local government by the State for 

15 the purposes described in section 501. 

16 ‘‘(d) ALLOCATIONS TO LOCAL GOVERNMENTS.— 

17 ‘‘(1) IN GENERAL.—Of the amounts allocated 

18 under subsection (b)(2), grants for the purposes de19 scribed in section 501 shall be made directly to units 

20 of local government within each State in accordance 

21 with this subsection, subject to subsection (e). 

22 ‘‘(2) ALLOCATION.— 

23 ‘‘(A) IN GENERAL.—From the amounts re24 ferred to in paragraph (1) with respect to a 

25 State (in this subsection referred to as the ‘local 
34 

•HR 3402 RH 

1 amount’), the Attorney General shall allocate to 

2 each unit of local government an amount which 

3 bears the same ratio to such share as the average 

4 annual number of part 1 violent crimes reported 

5 by such unit to the Federal Bureau of Investiga6 tion for the 3 most recent calendar years for 

7 which such data is available bears to the number 

8 of part 1 violent crimes reported by all units of 

9 local government in the State in which the unit 

10 is located to the Federal Bureau of Investigation 

11 for such years. 

12 ‘‘(B) TRANSITIONAL RULE.—Notwith13 standing subparagraph (A), for fiscal years 

14 2006, 2007, and 2008, the Attorney General shall 

15 allocate the local amount to units of local gov16 ernment in the same manner that, under the 

17 Local Government Law Enforcement Block 

18 Grants program in effect immediately before the 

19 date of the enactment of this section, the reserved 

20 amount was allocated among reporting and non21 reporting units of local government. 

22 ‘‘(3) ANNEXED UNITS.—If a unit of local govern23 ment in the State has been annexed since the date of 

24 the collection of the data used by the Attorney General 

25 in making allocations pursuant to this section, the 
35 

•HR 3402 RH 

1 Attorney General shall pay the amount that would 

2 have been allocated to such unit of local government 

3 to the unit of local government that annexed it. 

4 ‘‘(4) RESOLUTION OF DISPARATE ALLOCA5 TIONS.—(A) Notwithstanding any other provision of 

6 this subpart, if— 

7 ‘‘(i) the Attorney General certifies that a 

8 unit of local government bears more than 50 per9 cent of the costs of prosecution or incarceration 

10 that arise with respect to part 1 violent crimes 

11 reported by a specified geographically con12 stituent unit of local government; and 

13 ‘‘(ii) but for this paragraph, the amount of 

14 funds allocated under this section to— 

15 ‘‘(I) any one such specified geographi16 cally constituent unit of local government 

17 exceeds 150 percent of the amount allocated 

18 to the unit of local government certified 

19 pursuant to clause (i); or 

20 ‘‘(II) more than one such specified geo21 graphically constituent unit of local govern22 ment exceeds 400 percent of the amount al23 located to the unit of local government cer24 tified pursuant to clause (i), 
36 

•HR 3402 RH 

1 then in order to qualify for payment under this sub2 section, the unit of local government certified pursu3 ant to clause (i), together with any such specified geo4 graphically constituent units of local government de5 scribed in clause (ii), shall submit to the Attorney 

6 General a joint application for the aggregate of funds 

7 allocated to such units of local government. Such ap8 plication shall specify the amount of such funds that 

9 are to be distributed to each of the units of local gov10 ernment and the purposes for which such funds are 

11 to be used. The units of local government involved 

12 may establish a joint local advisory board for the 

13 purposes of carrying out this paragraph. 

14 ‘‘(B) In this paragraph, the term ‘geographically 

15 constituent unit of local government’ means a unit of 

16 local government that has jurisdiction over areas lo17 cated within the boundaries of an area over which a 

18 unit of local government certified pursuant to clause 

19 (i) has jurisdiction. 

20 ‘‘(e) LIMITATION ON ALLOCATIONS TO UNITS OF

21 LOCAL GOVERNMENT.— 

22 ‘‘(1) MAXIMUM ALLOCATION.—No unit of local 

23 government shall receive a total allocation under this 

24 section that exceeds such unit’s total expenditures on 

25 criminal justice services for the most recently com-
37 

•HR 3402 RH 

1 pleted fiscal year for which data are available. Any 

2 amount in excess of such total expenditures shall be 

3 allocated proportionally among units of local govern4 ment whose allocations under this section do not ex5 ceed their total expenditures on such services. 

6 ‘‘(2) ALLOCATIONS UNDER $10,000.—If the alloca7 tion under this section to a unit of local government 

8 is less than $10,000 for any fiscal year, the direct 

9 grant to the State under subsection (c) shall be in10 creased by the amount of such allocation, to be dis11 tributed (for the purposes described in section 501) 

12 among State police departments that provide crimi13 nal justice services to units of local government and 

14 units of local government whose allocation under this 

15 section is less than $10,000. 

16 ‘‘(3) NON-REPORTING UNITS.—No allocation 

17 under this section shall be made to a unit of local 

18 government that has not reported at least three years 

19 of data on part 1 violent crimes of the Uniform 

20 Crime Reports to the Federal Bureau of Investigation 

21 within the immediately preceding 10 years. 

22 ‘‘(f) FUNDS NOT USED BY THE STATE.—If the Attor23 ney General determines, on the basis of information avail24 able during any grant period, that any allocation (or por25 tion thereof) under this section to a State for such grant 
38 

•HR 3402 RH 

1 period will not be required, or that a State will be unable 

2 to qualify or receive funds under this subpart, or that a 

3 State chooses not to participate in the program established 

4 under this subpart, then such State’s allocation (or portion 

5 thereof) shall be awarded by the Attorney General to units 

6 of local government, or combinations thereof, within such 

7 State, giving priority to those jurisdictions with the highest 

8 annual number of part 1 violent crimes of the Uniform 

9 Crime Reports reported by the unit of local government to 

10 the Federal Bureau of Investigation for the three most re11 cent calendar years for which such data are available. 

12 ‘‘(g) SPECIAL RULES FOR PUERTO RICO.— 

13 ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON14 WEALTH GOVERNMENT.—Notwithstanding any other 

15 provision of this subpart, the amounts allocated under 

16 subsection (a) to Puerto Rico, 100 percent shall be for 

17 direct grants to the Commonwealth government of 

18 Puerto Rico. 

19 ‘‘(2) NO LOCAL ALLOCATIONS.—Subsections (c) 

20 and (d) shall not apply to Puerto Rico. 

21 ‘‘(h) UNITS OF LOCAL GOVERNMENT IN LOUISIANA.— 

22 In carrying out this section with respect to the State of Lou23 isiana, the term ‘unit of local government’ means a district 

24 attorney or a parish sheriff. 
39 

•HR 3402 RH 

1 ‘‘SEC. 506. RESERVED FUNDS. 

2 ‘‘Of the total amount made available to carry out this 

3 subpart for a fiscal year, the Attorney General shall reserve 

4 not more than— 

5 ‘‘(1) $20,000,000, for use by the National Insti6 tute of Justice in assisting units of local government 

7 to identify, select, develop, modernize, and purchase 

8 new technologies for use by law enforcement, of which 

9 $1,000,000 shall be for use by the Bureau of Justice 

10 Statistics to collect data necessary for carrying out 

11 this subpart; and 

12 ‘‘(2) $20,000,000, to be granted by the Attorney 

13 General to States and units of local government to de14 velop and implement antiterrorism training pro15 grams. 

16 ‘‘SEC. 507. INTEREST-BEARING TRUST FUNDS. 

17 ‘‘(a) TRUST FUND REQUIRED.—A State or unit of 

18 local government shall establish a trust fund in which to 

19 deposit amounts received under this subpart. 

20 ‘‘(b) EXPENDITURES.— 

21 ‘‘(1) IN GENERAL.—Each amount received under 

22 this subpart (including interest on such amount) shall 

23 be expended before the date on which the grant period 

24 expires. 

25 ‘‘(2) REPAYMENT.—A State or unit of local gov26 ernment that fails to expend an entire amount (in-
40 

•HR 3402 RH 

1 cluding interest on such amount) as required by 

2 paragraph (1) shall repay the unexpended portion to 

3 the Attorney General not later than 3 months after 

4 the date on which the grant period expires. 

5 ‘‘(3) REDUCTION OF FUTURE AMOUNTS.—If a 

6 State or unit of local government fails to comply with 

7 paragraphs (1) and (2), the Attorney General shall 

8 reduce amounts to be provided to that State or unit 

9 of local government accordingly. 

10 ‘‘(c) REPAID AMOUNTS.—Amounts received as repay11 ments under this section shall be subject to section 108 of 

12 this title as if such amounts had not been granted and re13 paid. Such amounts shall be deposited in the Treasury in 

14 a dedicated fund for use by the Attorney General to carry 

15 out this subpart. Such funds are hereby made available to 

16 carry out this subpart. 

17 ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘There is authorized to be appropriated to carry out 

19 this subpart $1,095,000,000 for fiscal year 2006 and such 

20 sums as may be necessary for each of fiscal years 2007 

21 through 2009.’’. 

22 (b) REPEALS OF CERTAIN AUTHORITIES RELATING TO

23 BYRNE GRANTS.— 

24 (1) DISCRETIONARY GRANTS TO PUBLIC AND PRI25 VATE ENTITIES.—Chapter A of subpart 2 of Part E 
41 

•HR 3402 RH 

1 of title I of the Omnibus Crime Control and Safe 

2 Streets Act of 1968 (42 U.S.C. 3760–3762) is re3 pealed. 

4 (2) TARGETED GRANTS TO CURB MOTOR VEHI5 CLE THEFT.—Subtitle B of title I of the Anti Car 

6 Theft Act of 1992 (42 U.S.C. 3750a–3750d) is re7 pealed. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) CRIME IDENTIFICATION TECHNOLOGY ACT.— 

10 Subsection (c)(2)(G) of section 102 of the Crime Iden11 tification Technology Act of 1998 (42 U.S.C. 14601) 

12 is amended by striking ‘‘such as’’ and all that follows 

13 through ‘‘the M.O.R.E. program’’ and inserting ‘‘such 

14 as the Edward Byrne Justice Assistance Grant Pro15 gram and the M.O.R.E. program’’. 

16 (2) SAFE STREETS ACT.—Title I of the Omnibus 

17 Crime Control and Safe Streets Act of 1968 is amend18 ed— 

19 (A) in section 517 (42 U.S.C. 3763), in sub20 section (a)(1), by striking ‘‘pursuant to section 

21 511 or 515’’ and inserting ‘‘pursuant to section 

22 515’’; 

23 (B) in section 520 (42 U.S.C. 3766)— 

24 (i) in subsection (a)(1), by striking 

25 ‘‘the program evaluations as required by 
42 

•HR 3402 RH 

1 section 501(c) of this part’’ and inserting 

2 ‘‘program evaluations’’; 

3 (ii) in subsection (a)(2), by striking 

4 ‘‘evaluations of programs funded under sec5 tion 506 (formula grants) and sections 511 

6 and 515 (discretionary grants) of this part’’ 

7 and inserting ‘‘evaluations of programs 

8 funded under section 505 (formula grants) 

9 and section 515 (discretionary grants) of 

10 this part’’; and 

11 (iii) in subsection (b)(2), by striking 

12 ‘‘programs funded under section 506 (for13 mula grants) and section 511 (discretionary 

14 grants)’’ and inserting ‘‘programs funded 

15 under section 505 (formula grants)’’; 

16 (C) in section 522 (42 U.S.C. 3766b)— 

17 (i) in subsection (a), in the matter pre18 ceding paragraph (1), by striking ‘‘section 

19 506’’ and inserting ‘‘section 505’’; and 

20 (ii) in subsection (a)(1), by striking 

21 ‘‘an assessment of the impact of such activi22 ties on meeting the needs identified in the 

23 State strategy submitted under section 503’’ 

24 and inserting ‘‘an assessment of the impact 
43 

•HR 3402 RH 

1 of such activities on meeting the purposes of 

2 subpart 1’’; 

3 (D) in section 801(b) (42 U.S.C. 3782(b)), 

4 in the matter following paragraph (5)— 

5 (i) by striking ‘‘the purposes of section 

6 501 of this title’’ and inserting ‘‘the pur7 poses of such subpart 1’’; and 

8 (ii) by striking ‘‘the application sub9 mitted pursuant to section 503 of this title’’ 

10 and inserting ‘‘the application submitted 

11 pursuant to section 502 of this title’’; 

12 (E) in section 808 (42 U.S.C. 3789), by 

13 striking ‘‘the State office described in section 507 

14 or 1408’’ and inserting ‘‘the State office respon15 sible for the trust fund required by section 507, 

16 or the State office described in section 1408,’’; 

17 (F) in section 901 (42 U.S.C. 3791), in sub18 section (a)(2), by striking ‘‘for the purposes of 

19 section 506(a)’’ and inserting ‘‘for the purposes 

20 of section 505(a)’’; 

21 (G) in section 1502 (42 U.S.C. 3796bb–1)— 

22 (i) in paragraph (1), by striking ‘‘sec23 tion 506(a)’’ and inserting ‘‘section 

24 505(a)’’; 

25 (ii) in paragraph (2)— 
44 

•HR 3402 RH 

1 (I) by striking ‘‘section 503(a)’’ 

2 and inserting ‘‘section 502’’; and 

3 (II) by striking ‘‘section 506’’ and 

4 inserting ‘‘section 505’’; 

5 (H) in section 1602 (42 U.S.C. 3796cc–1), 

6 in subsection (b), by striking ‘‘The office des7 ignated under section 507 of title I’’ and insert8 ing ‘‘The office responsible for the trust fund re9 quired by section 507’’; 

10 (I) in section 1702 (42 U.S.C. 3796dd–1), 

11 in subsection (c)(1), by striking ‘‘and reflects 

12 consideration of the statewide strategy under sec13 tion 503(a)(1)’’; and 

14 (J) in section 1902 (42 U.S.C. 3796ff–1), in 

15 subsection (e), by striking ‘‘The Office designated 

16 under section 507’’ and inserting ‘‘The office re17 sponsible for the trust fund required by section 

18 507’’. 

19 (d) APPLICABILITY.—The amendments made by this 

20 section shall apply with respect to the first fiscal year begin21 ning after the date of the enactment of this Act and each 

22 fiscal year thereafter. 
45 

•HR 3402 RH 

1 SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS WHO 

2 MAY BE SELECTED IN A GIVEN YEAR TO RE3 CEIVE PUBLIC SAFETY OFFICER MEDAL OF 

4 VALOR. 

5 Section 3(c) of the Public Safety Officer Medal of Valor 

6 Act of 2001 (42 U.S.C. 15202(c)) is amended by striking 

7 ‘‘more than 5 recipients’’ and inserting ‘‘more than 5 indi8 viduals, or groups of individuals, as recipients’’. 

9 SEC. 203. CLARIFICATION OF OFFICIAL TO BE CONSULTED 

10 BY ATTORNEY GENERAL IN CONSIDERING AP11 PLICATION FOR EMERGENCY FEDERAL LAW 

12 ENFORCEMENT ASSISTANCE. 

13 Section 609M(b) of the Justice Assistance Act of 1984 

14 (42 U.S.C. 10501(b)) is amended by striking ‘‘the Director 

15 of the Office of Justice Assistance’’ and inserting ‘‘the As16 sistant Attorney General for the Office of Justice Pro17 grams’’. 

18 SEC. 204. CLARIFICATION OF USES FOR REGIONAL INFOR19 MATION SHARING SYSTEM GRANTS. 

20 Section 1301(b) of the Omnibus Crime Control and 

21 Safe Streets Act of 1968 (42 U.S.C. 3796h(b)), as most re22 cently amended by section 701 of the USA PATRIOT Act 

23 (Public Law 107–56; 115 Stat. 374), is amended— 

24 (1) in paragraph (1), by inserting ‘‘regional’’ be25 fore ‘‘information sharing systems’’; 
46 

•HR 3402 RH 

1 (2) by amending paragraph (3) to read as fol2 lows: 

3 ‘‘(3) establishing and maintaining a secure tele4 communications system for regional information 

5 sharing between Federal, State, and local law enforce6 ment agencies;’’; and 

7 (3) by striking ‘‘(5)’’ at the end of paragraph 

8 (4). 

9 SEC. 205. INTEGRITY AND ENHANCEMENT OF NATIONAL 

10 CRIMINAL RECORD DATABASES. 

11 (a) DUTIES OF DIRECTOR.—Section 302 of the Omni12 bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

13 3732) is amended— 

14 (1) in subsection (b), by inserting after the third 

15 sentence the following new sentence: ‘‘The Director 

16 shall be responsible for the integrity of data and sta17 tistics and shall protect against improper or illegal 

18 use or disclosure.’’; 

19 (2) by amending paragraph (19) of subsection 

20 (c) to read as follows: 

21 ‘‘(19) provide for improvements in the accuracy, 

22 quality, timeliness, immediate accessibility, and inte23 gration of State criminal history and related records, 

24 support the development and enhancement of national 

25 systems of criminal history and related records in-
47 

•HR 3402 RH 

1 cluding the National Criminal History Background 

2 Check System, the National Incident-Based Reporting 

3 System, and the records of the National Crime Infor4 mation Center, facilitate State participation in na5 tional records and information systems, and support 

6 statistical research for critical analysis of the im7 provement and utilization of criminal history 

8 records;’’; and 

9 (3) in subsection (d)— 

10 (A) by striking ‘‘and’’ at the end of para11 graph (4); 

12 (B) by striking the period at the end of 

13 paragraph (5) and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(6) confer and cooperate with Federal statistical 

16 agencies as needed to carry out the purposes of this 

17 part, including by entering into cooperative data 

18 sharing agreements in conformity with all laws and 

19 regulations applicable to the disclosure and use of 

20 data.’’. 

21 (b) USE OF DATA.—Section 304 of such Act (42 U.S.C. 

22 3735) is amended by striking ‘‘particular individual’’ and 

23 inserting ‘‘private person or public agency’’. 

24 (c) CONFIDENTIALITY OF INFORMATION.—Section 

25 812(a) of such Act (42 U.S.C. 3789g(a)) is amended by 
48 

•HR 3402 RH 

1 striking ‘‘Except as provided by Federal law other than this 

2 title, no’’ and inserting ‘‘No’’. 

3 SEC. 206. EXTENSION OF MATCHING GRANT PROGRAM FOR 

4 LAW ENFORCEMENT ARMOR VESTS. 

5 Section 1001(a)(23) of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (42 U.S.C. 

7 3793(a)(23)) is amended by striking ‘‘2007’’ and inserting 

8 ‘‘2009’’. 

9 Subtitle B—Building Community 

10 Capacity to Prevent, Reduce, 

11 and Control Crime 

12 SEC. 211. OFFICE OF WEED AND SEED STRATEGIES. 

13 (a) IN GENERAL.—Part A of title I of the Omnibus 

14 Crime Control and Safe Streets Act of 1968 is amended 

15 by inserting after section 102 (42 U.S.C. 3712) the fol16 lowing new sections: 

17 ‘‘SEC. 103. OFFICE OF WEED AND SEED STRATEGIES. 

18 ‘‘(a) ESTABLISHMENT.—There is established within 

19 the Office an Office of Weed and Seed Strategies, headed 

20 by a Director appointed by the Attorney General. 

21 ‘‘(b) ASSISTANCE.—The Director may assist States, 

22 units of local government, and neighborhood and commu23 nity-based organizations in developing Weed and Seed 

24 strategies, as provided in section 104. 
49 

•HR 3402 RH 

1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $60,000,000 for fiscal year 2006, and such sums as may 

4 be necessary for each of fiscal years 2007, 2008, and 2009, 

5 to remain available until expended. 

6 ‘‘SEC. 104. WEED AND SEED STRATEGIES. 

7 ‘‘(a) IN GENERAL.—From amounts made available 

8 under section 103(c), the Director of the Office of Weed and 

9 Seed Strategies may implement strategies, to be known as 

10 Weed and Seed strategies, to prevent, control, and reduce 

11 violent crime, criminal drug-related activity, and gang ac12 tivity in designated Weed-and-Seed communities. Each 

13 such strategy shall involve both of the following activities: 

14 ‘‘(1) WEEDING.—Activities, to be known as 

15 Weeding activities, which shall include promoting 

16 and coordinating a broad spectrum of community ef17 forts (especially those of law enforcement agencies and 

18 prosecutors) to arrest, and to sanction or incarcerate, 

19 persons in that community who participate or engage 

20 in violent crime, criminal drug-related activity, and 

21 other crimes that threaten the quality of life in that 

22 community. 

23 ‘‘(2) SEEDING.—Activities, to be known as Seed24 ing activities, which shall include promoting and co25 ordinating a broad spectrum of community efforts 
50 

•HR 3402 RH 

1 (such as drug abuse education, mentoring, and em2 ployment counseling) to provide— 

3 ‘‘(A) human services, relating to prevention, 

4 intervention, or treatment, for at-risk individ5 uals and families; and 

6 ‘‘(B) community revitalization efforts, in7 cluding enforcement of building codes and devel8 opment of the economy. 

9 ‘‘(b) GUIDELINES.—The Director shall issue guidelines 

10 for the development and implementation of Weed and Seed 

11 strategies under this section. The guidelines shall ensure 

12 that the Weed and Seed strategy for a community referred 

13 to in subsection (a) shall— 

14 ‘‘(1) be planned and implemented through and 

15 under the auspices of a steering committee, properly 

16 established in the community, comprised of— 

17 ‘‘(A) in a voting capacity, representatives 

18 of— 

19 ‘‘(i) appropriate law enforcement agen20 cies; and 

21 ‘‘(ii) other public and private agencies, 

22 and neighborhood and community-based or23 ganizations, interested in criminal justice 

24 and community-based development and re25 vitalization in the community; and 
51 

•HR 3402 RH 

1 ‘‘(B) in a voting capacity, both— 

2 ‘‘(i) the Drug Enforcement Adminis3 tration’s special agent in charge for the ju4 risdiction encompassing the community; 

5 and 

6 ‘‘(ii) the United States Attorney for the 

7 District encompassing the community; 

8 ‘‘(2) describe how law enforcement agencies, other 

9 public and private agencies, neighborhood and com10 munity-based organizations, and interested citizens 

11 are to cooperate in implementing the strategy; and 

12 ‘‘(3) incorporate a community-policing compo13 nent that shall serve as a bridge between the Weeding 

14 activities under subsection (a)(1) and the Seeding ac15 tivities under subsection (a)(2). 

16 ‘‘(c) DESIGNATION.—For a community to be des17 ignated as a Weed-and-Seed community for purposes of sub18 section (a)— 

19 ‘‘(1) the United States Attorney for the District 

20 encompassing the community must certify to the Di21 rector that— 

22 ‘‘(A) the community suffers from consist23 ently high levels of crime or otherwise is appro24 priate for such designation; 
52 

•HR 3402 RH 

1 ‘‘(B) the Weed and Seed strategy proposed, 

2 adopted, or implemented by the steering com3 mittee has a high probability of improving the 

4 criminal justice system within the community 

5 and contains all the elements required by the Di6 rector; and 

7 ‘‘(C) the steering committee is capable of 

8 implementing the strategy appropriately; and 

9 ‘‘(2) the community must agree to formulate a 

10 timely and effective plan to independently sustain the 

11 strategy (or, at a minimum, a majority of the best 

12 practices of the strategy) when assistance under this 

13 section is no longer available. 

14 ‘‘(d) APPLICATION.—An application for designation as 

15 a Weed-and-Seed community for purposes of subsection (a) 

16 shall be submitted to the Director by the steering committee 

17 of the community in such form, and containing such infor18 mation and assurances, as the Director may require. The 

19 application shall propose— 

20 ‘‘(1) a sustainable Weed and Seed strategy that 

21 includes— 

22 ‘‘(A) the active involvement of the United 

23 States Attorney for the District encompassing the 

24 community, the Drug Enforcement Administra25 tion’s special agent in charge for the jurisdiction 
53 

•HR 3402 RH 

1 encompassing the community, and other Federal 

2 law enforcement agencies operating in the vicin3 ity; 

4 ‘‘(B) a significant community-oriented po5 licing component; and 

6 ‘‘(C) demonstrated coordination with com7 plementary neighborhood and community-based 

8 programs and initiatives; and 

9 ‘‘(2) a methodology with outcome measures and 

10 specific objective indicia of performance to be used to 

11 evaluate the effectiveness of the strategy. 

12 ‘‘(e) GRANTS.— 

13 ‘‘(1) IN GENERAL.—In implementing a strategy 

14 for a community under subsection (a), the Director 

15 may make grants to that community. 

16 ‘‘(2) USES.—For each grant under this sub17 section, the community receiving that grant— 

18 ‘‘(A) shall use not less than 40 percent of 

19 the grant amounts for Seeding activities under 

20 subsection (a)(2); and 

21 ‘‘(B) may not use any of the grant amounts 

22 for construction, except that the Assistant Attor23 ney General may authorize use of grant amounts 

24 for incidental or minor construction, renovation, 

25 or remodeling. 
54 

•HR 3402 RH 

1 ‘‘(3) LIMITATIONS.—A community may not re2 ceive grants under this subsection (or fall within such 

3 a community)— 

4 ‘‘(A) for a period of more than 10 fiscal 

5 years; 

6 ‘‘(B) for more than 5 separate fiscal years, 

7 except that the Assistant Attorney General may, 

8 in single increments and only upon a showing of 

9 extraordinary circumstances, authorize grants 

10 for not more than 3 additional separate fiscal 

11 years; or 

12 ‘‘(C) in an aggregate amount of more than 

13 $1,000,000, except that the Assistant Attorney 

14 General may, upon a showing of extraordinary 

15 circumstances, authorize grants for not more 

16 than an additional $500,000. 

17 ‘‘(4) DISTRIBUTION.—In making grants under 

18 this subsection, the Director shall ensure that— 

19 ‘‘(A) to the extent practicable, the distribu20 tion of such grants is geographically equitable 

21 and includes both urban and rural areas of 

22 varying population and area; and 

23 ‘‘(B) priority is given to communities that 

24 clearly and effectively coordinate crime preven25 tion programs with other Federal programs in a 
55 

•HR 3402 RH 

1 manner that addresses the overall needs of such 

2 communities. 

3 ‘‘(5) FEDERAL SHARE.—(A) Subject to subpara4 graph (B), the Federal share of a grant under this 

5 subsection may not exceed 75 percent of the total costs 

6 of the projects described in the application for which 

7 the grant was made. 

8 ‘‘(B) The requirement of subparagraph (A)— 

9 ‘‘(i) may be satisfied in cash or in kind; 

10 and 

11 ‘‘(ii) may be waived by the Assistant Attor12 ney General upon a determination that the fi13 nancial circumstances affecting the applicant 

14 warrant a finding that such a waiver is equi15 table. 

16 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To receive 

17 a grant under this subsection, the applicant must 

18 provide assurances that the amounts received under 

19 the grant shall be used to supplement, not supplant, 

20 non-Federal funds that would otherwise be available 

21 for programs or services provided in the commu22 nity.’’. 

23 (b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED

24 AND SEED; TRANSFERS OF FUNCTIONS.— 
56 

•HR 3402 RH 

1 (1) ABOLISHMENT.—The Executive Office of 

2 Weed and Seed is abolished. 

3 (2) TRANSFER.—There are hereby transferred to 

4 the Office of Weed and Seed Strategies all functions 

5 and activities performed immediately before the date 

6 of the enactment of this Act by the Executive Office 

7 of Weed and Seed Strategies. 

8 (c) EFFECTIVE DATE.—This section and the amend9 ments made by this section take effect 90 days after the date 

10 of the enactment of this Act. 

11 Subtitle C—Assisting Victims of 

12 Crime 

13 SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS 

14 TO IMPROVE OUTREACH SERVICES TO VIC15 TIMS OF CRIME. 

16 Section 1404(c) of the Victims of Crime Act of 1984 

17 (42 U.S.C. 10603(c)), as most recently amended by section 

18 623 of the USA PATRIOT Act (Public Law 107–56; 115 

19 Stat. 372), is amended— 

20 (1) in paragraph (1)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking the comma after ‘‘Director’’; 

23 (B) in subparagraph (A), by striking ‘‘and’’ 

24 at the end; 
57 

•HR 3402 RH 

1 (C) in subparagraph (B), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (D) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(C) for nonprofit neighborhood and community6 based victim service organizations and coalitions to 

7 improve outreach and services to victims of crime.’’; 

8 (2) in paragraph (2)— 

9 (A) in subparagraph (A)— 

10 (i) by striking ‘‘paragraph (1)(A)’’ and 

11 inserting ‘‘paragraphs (1)(A) and (1)(C)’’; 

12 and 

13 (ii) by striking ‘‘and’’ at the end; 

14 (B) in subparagraph (B), by striking the 

15 period at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following new 

17 subparagraph: 

18 ‘‘(C) not more than $10,000 shall be used for any 

19 single grant under paragraph (1)(C).’’. 

20 SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN 

21 AUTHORITIES RELATING TO CRIME VICTIMS 

22 FUND. 

23 Section 1402 of the Victims of Crime Act of 1984 (42 

24 U.S.C. 10601) is amended as follows: 
58 

•HR 3402 RH 

1 (1) AUTHORITY TO ACCEPT GIFTS.—Subsection 

2 (b)(5) of such section is amended by striking the pe3 riod at the end and inserting the following: ‘‘, which 

4 the Director is hereby authorized to accept for deposit 

5 into the Fund, except that the Director is not hereby 

6 authorized to accept any such gift, bequest, or dona7 tion that— 

8 ‘‘(A) attaches conditions inconsistent with 

9 applicable laws or regulations; or 

10 ‘‘(B) is conditioned upon or would require 

11 the expenditure of appropriated funds that are 

12 not available to the Office for Victims of 

13 Crime.’’. 

14 (2) AUTHORITY TO REPLENISH ANTITERRORISM

15 EMERGENCY RESERVE.—Subsection (d)(5)(A) of such 

16 section is amended by striking ‘‘expended’’ and insert17 ing ‘‘obligated’’. 

18 (3) AUTHORITY TO MAKE GRANTS TO INDIAN

19 TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Sub20 section (g) of such section is amended— 

21 (A) in paragraph (1), by striking ‘‘, acting 

22 through the Director,’’; 

23 (B) by redesignating paragraph (2) as 

24 paragraph (3); and 
59 

•HR 3402 RH 

1 (C) by inserting after paragraph (1) the fol2 lowing new paragraph: 

3 ‘‘(2) The Attorney General may use 5 percent of the 

4 funds available under subsection (d)(2) (prior to distribu5 tion) for grants to Indian tribes to establish child victim 

6 assistance programs, as appropriate.’’. 

7 SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM 

8 GRANTS MAY BE USED BY STATE FOR TRAIN9 ING PURPOSES. 

10 (a) CRIME VICTIM COMPENSATION.—Section 

11 1403(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 

12 10602(a)(3)) is amended by inserting after ‘‘may be used 

13 for’’ the following: ‘‘training purposes and’’. 

14 (b) CRIME VICTIM ASSISTANCE.—Section 1404(b)(3) 

15 of such Act (42 U.S.C. 10603(b)(3)) is amended by inserting 

16 after ‘‘may be used for’’ the following: ‘‘training purposes 

17 and’’. 

18 SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO 

19 VIOLENCE AGAINST WOMEN FORMULA AND 

20 DISCRETIONARY GRANT PROGRAMS. 

21 (a) CLARIFICATION OF SPECIFIC PURPOSES.—Section 

22 2001(b) of the Omnibus Crime Control and Safe Streets Act 

23 of 1968 (42 U.S.C. 3796gg(b)) is amended in the matter 

24 preceding paragraph (1) by inserting after ‘‘violent crimes 

25 against women’’ the following: ‘‘to develop and strengthen 
60 

•HR 3402 RH 

1 victim services in cases involving violent crimes against 

2 women’’. 

3 (b) CLARIFICATION OF STATE GRANTS.—Section 2007 

4 of the Omnibus Crime Control and Safe Streets Act of 1968 

5 (42 U.S.C. 3796gg–1) is amended— 

6 (1) in subsection (a), by striking ‘‘to States’’ and 

7 all that follows through ‘‘tribal governments’’; 

8 (2) in subsection (c)(3)(A), by striking ‘‘police’’ 

9 and inserting ‘‘law enforcement’’; and 

10 (3) in subsection (d)— 

11 (A) in the second sentence, by inserting 

12 after ‘‘each application’’ the following: ‘‘sub13 mitted by a State’’; and 

14 (B) in the third sentence, by striking ‘‘An 

15 application’’ and inserting ‘‘In addition, each 

16 application submitted by a State or tribal gov17 ernment’’. 

18 (c) CHANGE FROM ANNUAL TO BIENNIAL REPORT19 ING.—Section 2009(b) of such Act (42 U.S.C. 3796gg–3) is 

20 amended by striking ‘‘Not later than’’ and all that follows 

21 through ‘‘the Attorney General shall submit’’ and inserting 

22 the following: ‘‘Not later than one month after the end of 

23 each even-numbered fiscal year, the Attorney General shall 

24 submit’’. 
61 

•HR 3402 RH 

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

2 BIENNIAL. 

3 (a) STALKING AND DOMESTIC VIOLENCE.—Section 

4 40610 of the Violence Against Women Act of 1994 (title IV 

5 of the Violent Crime Control and Law Enforcement Act of 

6 1994; 42 U.S.C. 14039) is amended by striking ‘‘The Attor7 ney General shall submit to the Congress an annual report, 

8 beginning one year after the date of the enactment of this 

9 Act, that provides’’ and inserting ‘‘Each even-numbered fis10 cal year, the Attorney General shall submit to the Congress 

11 a biennial report that provides’’. 

12 (b) SAFE HAVENS FOR CHILDREN.—Section 

13 1301(d)(1) of the Victims of Trafficking and Violence Pro14 tection Act of 2000 (42 U.S.C. 10420(d)(1)) is amended in 

15 the matter preceding subparagraph (A) by striking ‘‘Not 

16 later than 1 year after the last day of the first fiscal year 

17 commencing on or after the date of the enactment of this 

18 Act, and not later than 180 days after the last day of each 

19 fiscal year thereafter,’’ and inserting ‘‘Not later than one 

20 month after the end of each even-numbered fiscal year,’’. 

21 Subtitle D—Preventing Crime 

22 SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OF23 FENDER FOR PURPOSES OF JUVENILE DRUG 

24 COURTS. 

25 Section 2953(b) of the Omnibus Crime Control and 

26 Safe Streets Act of 1968 (42 U.S.C. 3797u–2(b)) is amended 
62 

•HR 3402 RH 

1 in the matter preceding paragraph (1) by striking ‘‘an of2 fense that’’ and inserting ‘‘a felony-level offense that’’. 

3 SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF 

4 GRANTS FOR DRUG COURTS. 

5 (a) MINIMUM ALLOCATION REPEALED.—Section 2957 

6 of such Act (42 U.S.C. 3797u–6) is amended by striking 

7 subsection (b). 

8 (b) TECHNICAL ASSISTANCE AND TRAINING.—Such 

9 section is further amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Unless 

12 one or more applications submitted by any State or unit 

13 of local government within such State (other than an In14 dian tribe) for a grant under this part has been funded 

15 in any fiscal year, such State, together with eligible appli16 cants within such State, shall be provided targeted technical 

17 assistance and training by the Community Capacity Devel18 opment Office to assist such State and such eligible appli19 cants to successfully compete for future funding under this 

20 part.’’. 
63 

•HR 3402 RH 

1 SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT 

2 GRANTS PROGRAM EXTENDED TO COURTS 

3 THAT SUPERVISE NON-OFFENDERS WITH 

4 SUBSTANCE ABUSE PROBLEMS. 

5 Section 2951(a)(1) of such Act (42 U.S.C. 

6 3797u(a)(1)) is amended by striking ‘‘offenders with sub7 stance abuse problems’’ and inserting ‘‘offenders, and other 

8 individuals under the jurisdiction of the court, with sub9 stance abuse problems’’. 

10 SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE 

11 TREATMENT PROGRAM FOR LOCAL FACILI12 TIES. 

13 Section 1904 of the Omnibus Crime Control and Safe 

14 Streets Act of 1968 (42 U.S.C. 3796ff–3) is amended by 

15 adding at the end the following new subsection: 

16 ‘‘(d) DEFINITION.—In this section, the term ‘jail-based 

17 substance abuse treatment program’ means a course of indi18 vidual and group activities, lasting for a period of not less 

19 than 3 months, in an area of a correctional facility set 

20 apart from the general population of the correctional facil21 ity, if those activities are— 

22 ‘‘(1) directed at the substance abuse problems of 

23 the prisoners; and 

24 ‘‘(2) intended to develop the cognitive, behav25 ioral, and other skills of prisoners in order to address 
64 

•HR 3402 RH 

1 the substance abuse and related problems of pris2 oners.’’. 

3 Subtitle E—Other Matters 

4 SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES. 

5 (a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM

6 PAYING STATES INTEREST ON LATE DISBURSEMENTS ALSO

7 EXEMPTED FROM PAYING CHARGE TO TREASURY FOR UN8 TIMELY DISBURSEMENTS.—Section 204(f) of Public Law 

9 107–273 (116 Stat. 1776; 31 U.S.C. 6503 note) is amend10 ed— 

11 (1) by striking ‘‘section 6503(d)’’ and inserting 

12 ‘‘sections 3335(b) or 6503(d)’’; and 

13 (2) by striking ‘‘section 6503’’ and inserting 

14 ‘‘sections 3335(b) or 6503’’. 

15 (b) SOUTHWEST BORDER PROSECUTOR INITIATIVE IN16 CLUDED AMONG SUCH EXEMPTED PROGRAMS.—Section 

17 204(f) of such Act is further amended by striking ‘‘pursuant 

18 to section 501(a)’’ and inserting ‘‘pursuant to the Southwest 

19 Border Prosecutor Initiative (as carried out pursuant to 

20 paragraph (3) (117 Stat. 64) under the heading relating 

21 to Community Oriented Policing Services of the Depart22 ment of Justice Appropriations Act, 2003 (title I of division 

23 B of Public Law 108–7), or as carried out pursuant to any 

24 subsequent authority) or section 501(a)’’. 
65 

•HR 3402 RH 

1 (c) FUNDS AVAILABLE FOR ATFE MAY BE USED FOR

2 AIRCRAFT, BOATS, AMMUNITION, FIREARMS, FIREARMS

3 COMPETITIONS, AND ANY AUTHORIZED ACTIVITY.—Section 

4 530C(b) of title 28, United States Code, is amended by add5 ing at the end the following new paragraph: 

6 ‘‘(8) BUREAU OF ALCOHOL, TOBACCO, FIREARMS, 

7 AND EXPLOSIVES.—Funds available to the Attorney 

8 General for the Bureau of Alcohol, Tobacco, Firearms, 

9 and Explosives may be used for the conduct of all its 

10 authorized activities.’’. 

11 (d) AUDITS AND REPORTS ON ATFE UNDERCOVER IN12 VESTIGATIVE OPERATIONS.—Section 102(b) of the Depart13 ment of Justice and Related Agencies Appropriations Act, 

14 1993 (28 U.S.C. 533 note), as in effect pursuant to section 

15 815(d) of the Antiterrorism and Effective Death Penalty 

16 Act of 1996 (28 U.S.C. 533 note) shall apply with respect 

17 to the Bureau of Alcohol, Tobacco, Firearms, and Explosives 

18 and the undercover investigative operations of the Bureau 

19 on the same basis as such section applies with respect to 

20 any other agency and the undercover investigative oper21 ations of such agency. 

22 SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTORNEY 

23 GENERAL. 

24 (a) COORDINATE AND SUPPORT OFFICE FOR VICTIMS

25 OF CRIME.—Section 102 of the Omnibus Crime Control and 
66 

•HR 3402 RH 

1 Safe Streets Act of 1968 (42 U.S.C. 3712) is amended in 

2 subsection (a)(5) by inserting after ‘‘the Bureau of Justice 

3 Statistics,’’ the following: ‘‘the Office for Victims of Crime,’’. 

4 (b) SETTING GRANT CONDITIONS AND PRIORITIES.— 

5 Such section is further amended in subsection (a)(6) by in6 serting ‘‘, including placing special conditions on all 

7 grants, and determining priority purposes for formula 

8 grants’’ before the period at the end. 

9 SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES 

10 UNDER SEX-OFFENDER REGISTRATION LAWS. 

11 (a) COMPLIANCE PERIOD.—A State shall not be treat12 ed, for purposes of any provision of law, as having failed 

13 to comply with section 170101 (42 U.S.C. 14071) or 170102 

14 (42 U.S.C. 14072) of the Violent Crime Control and Law 

15 Enforcement Act of 1994 until 36 months after the date of 

16 the enactment of this Act, except that the Attorney General 

17 may grant an additional 24 months to a State that is mak18 ing good faith efforts to comply with such sections. 

19 (b) TIME FOR REGISTRATION OF CURRENT AD20 DRESS.—Subsection (a)(1)(B) of such section 170101 is 

21 amended by striking ‘‘unless such requirement is termi22 nated under’’ and inserting ‘‘for the time period specified 

23 in’’. 
67 

•HR 3402 RH 

1 SEC. 244. REPEAL OF CERTAIN PROGRAMS. 

2 (a) SAFE STREETS ACT PROGRAMS.—The following 

3 provisions of title I of the Omnibus Crime Control and Safe 

4 Streets Act of 1968 are repealed: 

5 (1) CRIMINAL JUSTICE FACILITY CONSTRUCTION

6 PILOT PROGRAM.—Part F (42 U.S.C. 3769–3769d). 

7 (2) MATCHING GRANT PROGRAM FOR SCHOOL SE8 CURITY.—Part AA (42 U.S.C. 3797a–3797e). 

9 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE10 MENT ACT PROGRAMS.—The following provisions of the 

11 Violent Crime Control and Law Enforcement Act of 1994 

12 are repealed: 

13 (1) LOCAL CRIME PREVENTION BLOCK GRANT

14 PROGRAM.—Subtitle B of title III (42 U.S.C. 13751– 

15 13758). 

16 (2) ASSISTANCE FOR DELINQUENT AND AT-RISK

17 YOUTH.—Subtitle G of title III (42 U.S.C. 13801– 

18 13802). 

19 (3) IMPROVED TRAINING AND TECHNICAL AUTO20 MATION.—Subtitle E of title XXI (42 U.S.C. 14151). 

21 (4) OTHER STATE AND LOCAL AID.—Subtitle F 

22 of title XXI (42 U.S.C. 14161). 

23 SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING 

24 REQUIREMENTS. 

25 Part H of title I of the Omnibus Crime Control and 

26 Safe Streets Act of 1968 is amended as follows: 
68 

•HR 3402 RH 

1 (1) NOTICE AND HEARING ON DENIAL OR TERMI2 NATION OF GRANT.—Section 802 (42 U.S.C. 3783) of 

3 such part is amended— 

4 (A) by striking subsections (b) and (c); and 

5 (B) by striking ‘‘(a)’’ before ‘‘Whenever,’’. 

6 (2) FINALITY OF DETERMINATIONS.—Section 803 

7 (42 U.S.C. 3784) of such part is amended— 

8 (A) by striking ‘‘, after reasonable notice 

9 and opportunity for a hearing,’’; and 

10 (B) by striking ‘‘, except as otherwise pro11 vided herein’’. 

12 (3) REPEAL OF APPELLATE COURT REVIEW.— 

13 Section 804 (42 U.S.C. 3785) of such part is repealed. 

14 SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNI15 BUS CRIME CONTROL AND SAFE STREETS 

16 ACT OF 1968. 

17 Section 901 of title I of the Omnibus Crime Control 

18 and Safe Streets Act of 1968 (42 U.S.C. 3791) is amended 

19 as follows: 

20 (1) INDIAN TRIBE.—Subsection (a)(3)(C) of such 

21 section is amended by striking ‘‘(as that term is de22 fined in section 103 of the Juvenile Justice and De23 linquency Prevention Act of 1974 (42 U.S.C. 5603))’’. 
69 

•HR 3402 RH 

1 (2) COMBINATION.—Subsection (a)(5) of such 

2 section is amended by striking ‘‘program or project’’ 

3 and inserting ‘‘program, plan, or project’’. 

4 (3) NEIGHBORHOOD OR COMMUNITY-BASED OR5 GANIZATIONS.—Subsection (a)(11) of such section is 

6 amended by striking ‘‘which’’ and inserting ‘‘, includ7 ing faith-based, that’’. 

8 (4) INDIAN TRIBE; PRIVATE PERSON.—Sub9 section (a) of such section is further amended— 

10 (A) in paragraph (24) by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (25) by striking the pe13 riod at the end and inserting a semicolon; and 

14 (C) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(26) the term ‘Indian Tribe’ has the meaning 

17 given the term ‘Indian tribe’ in section 4(e) of the In18 dian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 450b(e)); and 

20 ‘‘(27) the term ‘private person’ means any indi21 vidual (including an individual acting in his official 

22 capacity) and any private partnership, corporation, 

23 association, organization, or entity (or any combina24 tion thereof).’’. 
70 

•HR 3402 RH 

1 SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSIST2 ENCE PAYMENTS TO PRISONERS FOR HEALTH 

3 CARE ITEMS AND SERVICES. 

4 Section 4006 of title 18, United States Code, is amend5 ed— 

6 (1) in subsection (a) by inserting after ‘‘The At7 torney General’’ the following: ‘‘or the Secretary of 

8 Homeland Security, as applicable,’’; and 

9 (2) in subsection (b)(1)— 

10 (A) by striking ‘‘the Immigration and Nat11 uralization Service’’ and inserting ‘‘the Depart12 ment of Homeland Security’’; 

13 (B) by striking ‘‘shall not exceed the lesser 

14 of the amount’’ and inserting ‘‘shall be the 

15 amount billed, not to exceed the amount’’; 

16 (C) by striking ‘‘items and services’’ and all 

17 that follows through ‘‘the Medicare program’’ 

18 and inserting ‘‘items and services under the 

19 Medicare program’’; and 

20 (D) by striking ‘‘; or’’ and all that follows 

21 through the period at the end and inserting a pe22 riod. 

23 SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE24 MENT. 

25 (a) IN GENERAL.—Part A of title I of the Omnibus 

26 Crime Control and Safe Streets Act of 1968 is amended 
71 

•HR 3402 RH 

1 by adding after section 104, as added by section 211 of this 

2 Act, the following new section: 

3 ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE4 MENT. 

5 ‘‘(a) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—There is established within 

7 the Office an Office of Audit, Assessment, and Man8 agement, headed by a Director appointed by the At9 torney General. In carrying out the functions of the 

10 Office, the Director shall be subject to the authority, 

11 direction, and control of the Attorney General. Such 

12 authority, direction, and control may be delegated 

13 only to the Assistant Attorney General, without re14 delegation. 

15 ‘‘(2) PURPOSE.—The purpose of the Office shall 

16 be to carry out and coordinate performance audits of, 

17 take actions to ensure compliance with the terms of, 

18 and manage information with respect to, grants 

19 under programs covered by subsection (b). The Direc20 tor shall take special conditions of the grant into ac21 count and consult with the office that issued those 

22 conditions to ensure appropriate compliance. 

23 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex24 clusive element of the Department of Justice, other 

25 than the Inspector General, performing functions and 
72 

•HR 3402 RH 

1 activities for the purpose specified in paragraph (2). 

2 There are hereby transferred to the Office all functions 

3 and activities, other than functions and activities of 

4 the Inspector General, for such purpose performed im5 mediately before the date of the enactment of this Act 

6 by any other element of the Department. 

7 ‘‘(b) COVERED PROGRAMS.—The programs referred to 

8 in subsection (a) are the following: 

9 ‘‘(1) The program under part Q of this title. 

10 ‘‘(2) Any grant program carried out by the Of11 fice of Justice Programs. 

12 ‘‘(3) Any other grant program carried out by the 

13 Department of Justice that the Attorney General con14 siders appropriate. 

15 ‘‘(c) PERFORMANCE AUDITS REQUIRED.— 

16 ‘‘(1) IN GENERAL.—The Director shall select 

17 grants awarded under the programs covered by sub18 section (b) and carry out performance audits on such 

19 grants. In selecting such grants, the Director shall en20 sure that the aggregate amount awarded under the 

21 grants so selected represent not less than 10 percent 

22 of the aggregate amount of money awarded under all 

23 such grant programs. 

24 ‘‘(2) RELATIONSHIP TO NIJ EVALUATIONS.—This 

25 subsection does not affect the authority or duty of the 
73 

•HR 3402 RH 

1 Director of the National Institute of Justice to carry 

2 out overall evaluations of programs covered by sub3 section (b), except that such Director shall consult 

4 with the Director of the Office in carrying out such 

5 evaluations. 

6 ‘‘(3) TIMING OF PERFORMANCE AUDITS.—The 

7 performance audit required by paragraph (1) of a 

8 grant selected under paragraph (1) shall be carried 

9 out— 

10 ‘‘(A) not later than the end of the grant pe11 riod, if the grant period is not more than 1 year; 

12 and 

13 ‘‘(B) at the end of each year of the grant pe14 riod, if the grant period is more than 1 year. 

15 ‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The Director 

16 shall take such actions to ensure compliance with the terms 

17 of a grant as the Director considers appropriate with re18 spect to each grant that the Director determines (in con19 sultation with the head of the element of the Department 

20 of Justice concerned), through a performance audit under 

21 subsection (a) or other means, is not in compliance with 

22 such terms. In the case of a misuse of more than 1 percent 

23 of the grant amount concerned, the Director shall, in addi24 tion to any other action to ensure compliance that the Di25 rector considers appropriate, ensure that the entity respon-
74 

•HR 3402 RH 

1 sible for such misuse ceases to receive any funds under any 

2 program covered by subsection (b) until such entity repays 

3 to the Attorney General an amount equal to the amounts 

4 misused. The Director may, in unusual circumstances, 

5 grant relief from this requirement to ensure that an inno6 cent party is not punished. 

7 ‘‘(e) GRANT MANAGEMENT SYSTEM.—The Director 

8 shall establish and maintain, in consultation with the chief 

9 information officer of the Office, a modern, automated sys10 tem for managing all information relating to the grants 

11 made under the programs covered by subsection (b). 

12 ‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 5 percent 

13 of all funding made available for a fiscal year for the pro14 grams covered by subsection (b) shall be reserved for the ac15 tivities of the Office of Audit, Assessment, and Management 

16 as authorized by this section.’’. 

17 (b) EFFECTIVE DATE.—This section and the amend18 ment made by this section take effect 90 days after the date 

19 of the enactment of this Act. 

20 SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE. 

21 (a) IN GENERAL.—Part A of title I of the Omnibus 

22 Crime Control and Safe Streets Act of 1968 is amended 

23 by adding after section 105, as added by section 248 of this 

24 Act, the following new section: 
75 

•HR 3402 RH 

1 ‘‘SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE. 

2 ‘‘(a) ESTABLISHMENT.— 

3 ‘‘(1) IN GENERAL.—There is established within 

4 the Office a Community Capacity Development Of5 fice, headed by a Director appointed by the Attorney 

6 General. In carrying out the functions of the Office, 

7 the Director shall be subject to the authority, direc8 tion, and control of the Attorney General. Such au9 thority, direction, and control may be delegated only 

10 to the Assistant Attorney General, without redelega11 tion. 

12 ‘‘(2) PURPOSE.—The purpose of the Office shall 

13 be to provide training to actual and prospective par14 ticipants under programs covered by section 105(b) to 

15 assist such participants in understanding the sub16 stantive and procedural requirements for partici17 pating in such programs. 

18 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex19 clusive element of the Department of Justice per20 forming functions and activities for the purpose speci21 fied in paragraph (2). There are hereby transferred to 

22 the Office all functions and activities for such purpose 

23 performed immediately before the date of the enact24 ment of this Act by any other element of the Depart25 ment. This does not preclude a grant-making office 
76 

•HR 3402 RH 

1 from providing specialized training and technical as2 sistance in its area of expertise. 

3 ‘‘(b) MEANS.—The Director shall, in coordination with 

4 the heads of the other elements of the Department, carry 

5 out the purpose of the Office through the following means: 

6 ‘‘(1) Promoting coordination of public and pri7 vate efforts and resources within or available to 

8 States, units of local government, and neighborhood 

9 and community-based organizations. 

10 ‘‘(2) Providing information, training, and tech11 nical assistance. 

12 ‘‘(3) Providing support for inter- and intra13 agency task forces and other agreements and for as14 sessment of the effectiveness of programs, projects, ap15 proaches, or practices. 

16 ‘‘(4) Providing in the assessment of the effective17 ness of neighborhood and community-based law en18 forcement and crime prevention strategies and tech19 niques, in coordination with the National Institute of 

20 Justice. 

21 ‘‘(5) Any other similar means. 

22 ‘‘(c) LOCATIONS.—Training referred to in subsection 

23 (a) shall be provided on a regional basis to groups of such 

24 participants. In a case in which remedial training is ap25 propriate, as recommended by the Director or the head of 
77 

•HR 3402 RH 

1 any element of the Department, such training may be pro2 vided on a local basis to a single such participant. 

3 ‘‘(d) BEST PRACTICES.—The Director shall— 

4 ‘‘(1) identify grants under which clearly bene5 ficial outcomes were obtained, and the characteristics 

6 of those grants that were responsible for obtaining 

7 those outcomes; and 

8 ‘‘(2) incorporate those characteristics into the 

9 training provided under this section. 

10 ‘‘(e) AVAILABILITY OF FUNDS.—Not to exceed 5 per11 cent of all funding made available for a fiscal year for the 

12 programs covered by section 105(b) shall be reserved for the 

13 activities of the Community Capacity Development Office 

14 as authorized by this section.’’. 

15 (b) EFFECTIVE DATE.—This section and the amend16 ment made by this section take effect 90 days after the date 

17 of the enactment of this Act. 

18 SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECH19 NOLOGY. 

20 (a) IN GENERAL.—Part A of title I of the Omnibus 

21 Crime Control and Safe Streets Act of 1968 is amended 

22 by adding after section 106, as added by section 249 of this 

23 Act, the following new section: 
78 

•HR 3402 RH 

1 ‘‘SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECH2 NOLOGY. 

3 ‘‘(a) ESTABLISHMENT.—There is established within 

4 the Office an Office of Applied Law Enforcement Tech5 nology, headed by a Director appointed by the Attorney 

6 General. The purpose of the Office shall be to provide leader7 ship and focus to those grants of the Department of Justice 

8 that are made for the purpose of using or improving law 

9 enforcement computer systems. 

10 ‘‘(b) DUTIES.—In carrying out the purpose of the Of11 fice, the Director shall— 

12 ‘‘(1) establish clear minimum standards for com13 puter systems that can be purchased using amounts 

14 awarded under such grants; and 

15 ‘‘(2) ensure that recipients of such grants use 

16 such systems to participate in crime reporting pro17 grams administered by the Department.’’. 

18 (b) EFFECTIVE DATE.—This section and the amend19 ment made by this section take effect 90 days after the date 

20 of the enactment of this Act. 

21 SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS. 

22 (a) IN GENERAL.—Part A of title I of the Omnibus 

23 Crime Control and Safe Streets Act of 1968 is amended 

24 by adding after section 107, as added by section 250 of this 

25 Act, the following new section: 
79 

•HR 3402 RH 

1 ‘‘SEC. 108. AVAILABILITY OF FUNDS. 

2 ‘‘(a) PERIOD FOR AWARDING GRANT FUNDS.— 

3 ‘‘(1) IN GENERAL.—Unless otherwise specifically 

4 provided in an authorization, DOJ grant funds for a 

5 fiscal year shall remain available to be awarded and 

6 distributed to a grantee only in that fiscal year and 

7 the three succeeding fiscal years, subject to para8 graphs (2) and (3). DOJ grant funds not so awarded 

9 and distributed shall revert to the Treasury. 

10 ‘‘(2) TREATMENT OF REPROGRAMMED FUNDS.— 

11 DOJ grant funds for a fiscal year that are repro12 grammed in a later fiscal year shall be treated for 

13 purposes of paragraph (1) as DOJ grant funds for 

14 such later fiscal year. 

15 ‘‘(3) TREATMENT OF DEOBLIGATED FUNDS.—If 

16 DOJ grant funds were obligated and then deobligated, 

17 the period of availability that applies to those grant 

18 funds under paragraph (1) shall be extended by a 

19 number of days equal to the number of days from the 

20 date on which those grant funds were obligated to the 

21 date on which those grant funds were deobligated. 

22 ‘‘(b) PERIOD FOR EXPENDING GRANT FUNDS.—DOJ 

23 grant funds for a fiscal year that have been awarded and 

24 distributed to a grantee may be expended by that grantee 

25 only in the period permitted under the terms of the grant. 
80 

•HR 3402 RH 

1 DOJ grant funds not so expended shall revert to the Treas2 ury. 

3 ‘‘(c) DEFINITION.—In this section, the term ‘DOJ 

4 grant funds’ means, for a fiscal year, amounts appropriated 

5 for activities of the Department of Justice in carrying out 

6 grant programs for that fiscal year. 

7 ‘‘(d) APPLICABILITY.—This section applies to DOJ 

8 grant funds for fiscal years beginning with fiscal year 

9 2006.’’. 

10 (b) EFFECTIVE DATE.—This section and the amend11 ment made by this section take effect 90 days after the date 

12 of the enactment of this Act. 

13 SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT 

14 SYSTEMS OF OFFICE OF JUSTICE PROGRAMS. 

15 (a) CONSOLIDATION OF ACCOUNTING ACTIVITIES AND

16 PROCUREMENT ACTIVITIES.—The Assistant Attorney Gen17 eral of the Office of Justice Programs shall ensure that— 

18 (1) all accounting activities for all elements of 

19 the Office of Justice Programs are carried out under 

20 the direct management of the Office of the Comp21 troller; and 

22 (2) all procurement activities for all elements of 

23 the Office are carried out under the direct manage24 ment of the Office of Administration. 
81 

•HR 3402 RH 

1 (b) FURTHER CONSOLIDATION OF PROCUREMENT AC2 TIVITIES.—The Assistant Attorney General shall ensure 

3 that, on and after September 30, 2008— 

4 (1) all procurement activities for all elements of 

5 the Office are carried out through a single manage6 ment office; and 

7 (2) all contracts and purchase orders used in 

8 carrying out those activities are processed through a 

9 single procurement system. 

10 (c) CONSOLIDATION OF FINANCIAL MANAGEMENT SYS11 TEMS.—The Assistant Attorney General shall ensure that, 

12 on and after September 30, 2010, all financial management 

13 activities (including human resources, payroll, and ac14 counting activities, as well as procurement activities) of all 

15 elements of the Office are carried out through a single finan16 cial management system. 

17 (d) ACHIEVING COMPLIANCE.— 

18 (1) SCHEDULE.—The Assistant Attorney General 

19 shall undertake a scheduled consolidation of oper20 ations to achieve compliance with the requirements of 

21 this section. 

22 (2) SPECIFIC REQUIREMENTS.—With respect to 

23 achieving compliance with the requirements of— 
82 

•HR 3402 RH 

1 (A) subsection (a), the consolidation of oper2 ations shall be initiated not later than 90 days 

3 after the date of the enactment of this Act; and 

4 (B) subsections (b) and (c), the consolida5 tion of operations shall be initiated not later 

6 than September 30, 2005, and shall be carried 

7 out by the Office of Administration, in consulta8 tion with the Chief Information Officer and the 

9 Office of Audit, Assessment, and Management. 

10 SEC. 253. AUTHORIZATION AND CHANGE OF COPS PRO11 GRAM TO SINGLE GRANT PROGRAM. 

12 (a) IN GENERAL.—Section 1701 of title I of the Omni13 bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

14 3796dd) is amended— 

15 (1) by amending subsection (a) to read as fol16 lows: 

17 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General 

18 shall carry out a single grant program under which the At19 torney General makes grants to States, units of local gov20 ernment, Indian tribal governments, other public and pri21 vate entities, and multi-jurisdictional or regional consortia 

22 for the purposes described in subsection (b).’’; 

23 (2) by striking subsections (b) and (c); 

24 (3) by redesignating subsection (d) as subsection 

25 (b), and in that subsection— 
83 

•HR 3402 RH 

1 (A) by striking ‘‘ADDITIONAL GRANT

2 PROJECTS.—Grants made under subsection (a) 

3 may include programs, projects, and other ac4 tivities to—’’ and inserting ‘‘USES OF GRANT

5 AMOUNTS.—The purposes for which grants made 

6 under subsection (a) may be made are—’’; 

7 (B) by redesignating paragraphs (1) 

8 through (12) as paragraphs (6) through (17), re9 spectively; 

10 (C) by inserting before paragraph (6) (as so 

11 redesignated) the following new paragraphs: 

12 ‘‘(1) rehire law enforcement officers who have 

13 been laid off as a result of State and local budget re14 ductions for deployment in community-oriented polic15 ing; 

16 ‘‘(2) hire and train new, additional career law 

17 enforcement officers for deployment in community18 oriented policing across the Nation; 

19 ‘‘(3) procure equipment, technology, or support 

20 systems, or pay overtime, to increase the number of 

21 officers deployed in community-oriented policing; 

22 ‘‘(4) improve security at schools and on school 

23 grounds in the jurisdiction of the grantee through— 

24 ‘‘(A) placement and use of metal detectors, 

25 locks, lighting, and other deterrent measures; 
84 

•HR 3402 RH 

1 ‘‘(B) security assessments; 

2 ‘‘(C) security training of personnel and stu3 dents; 

4 ‘‘(D) coordination with local law enforce5 ment; and 

6 ‘‘(E) any other measure that, in the deter7 mination of the Attorney General, may provide 

8 a significant improvement in security; 

9 ‘‘(5) award grants to pay for offices hired to per10 form intelligence, anti-terror, or homeland security 

11 duties;’’; and 

12 (D) by amending paragraph (9) (as so re13 designated) to read as follows: 

14 ‘‘(9) develop new technologies, including inter15 operable communications technologies, modernized 

16 criminal record technology, and forensic technology, 

17 to assist State and local law enforcement agencies in 

18 reorienting the emphasis of their activities from react19 ing to crime to preventing crime and to train law en20 forcement officers to use such technologies;’’; 

21 (4) by redesignating subsections (e) through (k) 

22 as subsections (c) through (i), respectively; 

23 (5) in subsection (c) (as so redesignated) by 

24 striking ‘‘subsection (i)’’ and inserting ‘‘subsection 

25 (g)’’; and 
85 

•HR 3402 RH 

1 (6) by adding at the end the following new sub2 section: 

3 ‘‘(j) MATCHING FUNDS FOR SCHOOL SECURITY

4 GRANTS.—Notwithstanding subsection (i), in the case of a 

5 grant under subsection (a) for the purposes described in 

6 subsection (b)(4)— 

7 ‘‘(1) the portion of the costs of a program pro8 vided by that grant may not exceed 50 percent; 

9 ‘‘(2) any funds appropriated by Congress for the 

10 activities of any agency of an Indian tribal govern11 ment or the Bureau of Indian Affairs performing law 

12 enforcement functions on any Indian lands may be 

13 used to provide the non-Federal share of a matching 

14 requirement funded under this subsection; and 

15 ‘‘(3) the Attorney General may provide, in the 

16 guidelines implementing this section, for the require17 ment of paragraph (1) to be waived or altered in the 

18 case of a recipient with a financial need for such a 

19 waiver or alteration.’’. 

20 (b) CONFORMING AMENDMENT.—Section 1702 of title 

21 I of such Act (42 U.S.C. 3796dd–1) is amended in sub22 section (d)(2) by striking ‘‘section 1701(d)’’ and inserting 

23 ‘‘section 1701(b)’’. 
86 

•HR 3402 RH 

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11)) 

3 is amended— 

4 (1) in subparagraph (A) by striking ‘‘ex5 pended—’’ and all that follows through ‘‘2000’’ and 

6 inserting ‘‘expended $1,047,119,000 for each of fiscal 

7 years 2006 through 2009’’; and 

8 (2) in subparagraph (B)— 

9 (A) by striking ‘‘section 1701(f)’’ and in10 serting ‘‘section 1701(d)’’; and 

11 (B) by striking the third sentence. 

12 SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BEN13 EFITS UNDER PUBLIC SAFETY OFFICERS’

14 DEATH BENEFITS PROGRAMS. 

15 (a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—Sec16 tion 1204 of the Omnibus Crime Control and Safe Streets 

17 Act of 1968 (42 U.S.C. 3796b), as most recently amended 

18 by section 2(a) of the Mychal Judge Police and Fire Chap19 lains Public Safety Officers’ Benefit Act of 2002 (Public 

20 Law 107–196; 116 Stat. 719), is amended— 

21 (1) by redesignating paragraphs (7) and (8) as 

22 paragraphs (8) and (9), respectively; 

23 (2) by inserting after paragraph (6) the fol24 lowing new paragraph: 
87 

•HR 3402 RH 

1 ‘‘(7) ‘member of a rescue squad or ambulance 

2 crew’ means an officially recognized or designated 

3 public employee member of a rescue squad or ambu4 lance crew;’’; and 

5 (3) in paragraph (4) by striking ‘‘and’’ and all 

6 that follows through the end and inserting a semi7 colon. 

8 (b) CLARIFICATION OF LIMITATION ON PAYMENTS IN

9 NON-CIVILIAN CASES.—Section 1202(5) of such Act (42 

10 U.S.C. 3796a(5)) is amended by inserting ‘‘with respect’’ 

11 before ‘‘to any individual’’. 

12 (c) WAIVER OF COLLECTION IN CERTAIN CASES.—Sec13 tion 1201 of such Act (42 U.S.C. 3796) is amended by add14 ing at the end the following: 

15 ‘‘(m) In any case in which the Bureau paid, before 

16 the date of the enactment of Public Law 107–196, any ben17 efit under this part to an individual who— 

18 ‘‘(1) before the enactment of that law was enti19 tled to receive that benefit; and 

20 ‘‘(2) by reason of the retroactive effective date of 

21 that law is no longer entitled to receive that benefit, 

22 the Bureau may suspend or end activities to collect that 

23 benefit if the Bureau determines that collecting that benefit 

24 is impractical or would cause undue hardship to that indi25 vidual.’’. 
88 

•HR 3402 RH 

1 (d) DESIGNATION OF BENEFICIARY.—Section 

2 1201(a)(4) of such Act (42 U.S.C. 3796(a)(4)) is amended 

3 to read as follows: 

4 ‘‘(4) if there is no surviving spouse or surviving 

5 child— 

6 ‘‘(A) in the case of a claim made on or after 

7 the date that is 90 days after the date of the en8 actment of this subparagraph, to the individual 

9 designated by such officer as beneficiary under 

10 this section in such officer’s most recently exe11 cuted designation of beneficiary on file at the 

12 time of death with such officer’s public safety 

13 agency, organization, or unit, provided that such 

14 individual survived such officer; or 

15 ‘‘(B) if there is no individual qualifying 

16 under subparagraph (A), to the individual des17 ignated by such officer as beneficiary under such 

18 officer’s most recently executed life insurance pol19 icy, provided that such individual survived such 

20 officer; or’’. 

21 SEC. 255. PRE-RELEASE AND POST-RELEASE PROGRAMS 

22 FOR JUVENILE OFFENDERS. 

23 Section 1801(b) of the Omnibus Crime Control and 

24 Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amend25 ed— 
89 

•HR 3402 RH 

1 (1) in paragraph (15) by striking ‘‘or’’ at the 

2 end; 

3 (2) in paragraph (16) by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(17) establishing, improving, and coordinating 

7 pre-release and post-release systems and programs to 

8 facilitate the successful reentry of juvenile offenders 

9 from State or local custody in the community.’’. 

10 SEC. 256. REAUTHORIZATION OF JUVENILE ACCOUNT11 ABILITY BLOCK GRANTS. 

12 Section 1810(a) of the Omnibus Crime Control and 

13 Safe Streets Act of 1968 (42 U.S.C. 3796gg–10(a)) is 

14 amended by striking ‘‘2002 through 2005’’ and inserting 

15 ‘‘2006 through 2009’’. 

16 SEC. 257. SEX OFFENDER MANAGEMENT. 

17 Section 40152 of the Violent Crime Control and Law 

18 Enforcement Act of 1994 (42 U.S.C. 13941) is amended by 

19 striking subsection (c) and inserting the following: 

20 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated to carry out this section 

22 $5,000,000 for each of fiscal years 2006 through 2010.’’. 

23 SEC. 258. EVIDENCE-BASED APPROACHES. 

24 Section 1802 of the Omnibus Crime Control and Safe 

25 Streets Act of 1968 is amended— 
90 

•HR 3402 RH 

1 (1) in subsection (a)(1)(B) by inserting ‘‘, in2 cluding the extent to which evidence-based approaches 

3 are utilized’’ after ‘‘part’’; and 

4 (2) in subsection (b)(1)(A)(ii) by inserting ‘‘, in5 cluding the extent to which evidence-based approaches 

6 are utilized’’ after ‘‘part’’. 

7 TITLE III—MISCELLANEOUS 

8 PROVISIONS 

9 SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC 

10 LAW 107–56. 

11 (a) STRIKING SURPLUS WORDS.— 

12 (1) Section 2703(c)(1) of title 18, United States 

13 Code, is amended by striking ‘‘or’’ at the end of sub14 paragraph (C). 

15 (2) Section 1960(b)(1)(C) of title 18, United 

16 States Code, is amended by striking ‘‘to be used to be 

17 used’’ and inserting ‘‘to be used’’. 

18 (b) PUNCTUATION AND GRAMMAR CORRECTIONS.— 

19 Section 2516(1)(q) of title 18, United States Code, is 

20 amended— 

21 (1) by striking the semicolon after the first close 

22 parenthesis; and 

23 (2) by striking ‘‘sections’’ and inserting ‘‘sec24 tion’’. 
91 

•HR 3402 RH 

1 (c) CROSS REFERENCE CORRECTION.—Section 322 of 

2 Public Law 107–56 is amended, effective on the date of the 

3 enactment of that section, by striking ‘‘title 18’’ and insert4 ing ‘‘title 28’’. 

5 (d) CAPITALIZATION CORRECTION.—Subsections (a) 

6 and (b) of section 2703 of title 18, United States Code, are 

7 each amended by striking ‘‘CONTENTS OF WIRE OR ELEC8 TRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR ELEC9 TRONIC’’. 

10 SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS. 

11 (a) TABLE OF SECTIONS OMISSION.—The table of sec12 tions at the beginning of chapter 203 of title 18, United 

13 States Code, is amended by inserting after the item relating 

14 to section 3050 the following new item: 

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives.’’. 

15 (b) REPEAL OF DUPLICATIVE PROGRAM.—Section 316 

16 of Part A of the Runaway and Homeless Youth Act (42 

17 U.S.C. 5712d), as added by section 40155 of the Violent 

18 Crime Control and Law Enforcement Act of 1994 (Public 

19 Law 103–322; 108 Stat. 1922), is repealed. 

20 SEC. 303. USE OF FEDERAL TRAINING FACILITIES. 

21 (a) FEDERAL TRAINING FACILITIES.—Unless specifi22 cally authorized in writing by the Attorney General, the 

23 Department of Justice (and each entity within it) shall use 

24 for any predominately internal training or conference meet-
92 

•HR 3402 RH 

1 ing only a facility that does not require a payment to a 

2 private entity for use of the facility. 

3 (b) ANNUAL REPORT.—The Attorney General shall 

4 prepare an annual report to the Chairmen and ranking mi5 nority members of the Committees on the Judiciary of the 

6 Senate and of the House of Representatives that details each 

7 training and conference meeting that requires specific au8 thorization under subsection (a). The report shall include 

9 an explanation of why the facility was chosen, and a break10 down of any expenditures incurred in excess of the cost of 

11 conducting the training or meeting at a facility that did 

12 not require such authorization. 

13 SEC. 304. PRIVACY OFFICER. 

14 (a) IN GENERAL.—The Attorney General shall des15 ignate a senior official in the Department of Justice to as16 sume primary responsibility for privacy policy. 

17 (b) RESPONSIBILITIES.—The responsibilities of such 

18 official shall include— 

19 (1) assuring that the use of technologies sustain, 

20 and do not erode, privacy protections relating to the 

21 use, collection, and disclosure of personally identifi22 able information; 

23 (2) assuring that personally identifiable infor24 mation contained in systems of records is handled in 
93 

•HR 3402 RH 

1 full compliance with fair information practices as set 

2 out in section 552a of title 5, United States Code; 

3 (3) evaluating legislative and regulatory pro4 posals involving collection, use, and disclosure of per5 sonally identifiable information by the Federal Gov6 ernment; 

7 (4) conducting a privacy impact assessment of 

8 proposed rules of the Department on the privacy of 

9 personally identifiable information, including the 

10 type of personally identifiable information collected 

11 and the number of people affected; 

12 (5) preparing a report to Congress on an annual 

13 basis on activities of the Department that affect pri14 vacy, including complaints of privacy violations, im15 plementation of section 552a of title 5, United States 

16 Code, internal controls, and other relevant matters; 

17 (6) ensuring that the Department protects per18 sonally identifiable information and information sys19 tems from unauthorized access, use, disclosure, dis20 ruption, modification, or destruction in order to pro21 vide— 

22 (A) integrity, which means guarding 

23 against improper information modification or 

24 destruction, and includes ensuring information 

25 nonrepudiation and authenticity; 
94 

•HR 3402 RH 

1 (B) confidentially, which means preserving 

2 authorized restrictions on access and disclosure, 

3 including means for protecting personal privacy 

4 and proprietary information; 

5 (C) availability, which means ensuring 

6 timely and reliable access to and use of that in7 formation; and 

8 (D) authentication, which means utilizing 

9 digital credentials to assure the identity of users 

10 and validate their access; and 

11 (7) advising the Attorney General and the Direc12 tor of the Office of Management and Budget on infor13 mation security and privacy issues pertaining to 

14 Federal Government information systems. 

15 (c) REVIEW.—The Department of Justice shall review 

16 its policies to assure that the Department treats personally 

17 identifiable information in its databases in a manner that 

18 complies with applicable Federal law on privacy. 

19 SEC. 305. BANKRUPTCY CRIMES. 

20 The Director of the Executive Office for United States 

21 Trustees shall prepare an annual report to the Congress de22 tailing— 

23 (1) the number and types of criminal referrals 

24 made by the United States Trustee Program; 

25 (2) the outcomes of each criminal referral; 
95 

•HR 3402 RH 

1 (3) for any year in which the number of crimi2 nal referrals is less than for the prior year, an expla3 nation of the decrease; and 

4 (4) the United States Trustee Program’s efforts 

5 to prevent bankruptcy fraud and abuse, particularly 

6 with respect to the establishment of uniform internal 

7 controls to detect common, higher risk frauds, such as 

8 a debtor’s failure to disclose all assets. 

9 SEC. 306. REPORT TO CONGRESS ON STATUS OF UNITED 

10 STATES PERSONS OR RESIDENTS DETAINED 

11 ON SUSPICION OF TERRORISM. 

12 Not less often than once every 12 months, the Attorney 

13 General shall submit to Congress a report on the status of 

14 United States persons or residents detained, as of the date 

15 of the report, on suspicion of terrorism. The report shall— 

16 (1) specify the number of persons or residents so 

17 detained; and 

18 (2) specify the standards developed by the De19 partment of Justice for recommending or determining 

20 that a person should be tried as a criminal defendant 

21 or should be designated as an enemy combatant. 
96 

•HR 3402 RH 

1 SEC. 307. INCREASED PENALTIES AND EXPANDED JURIS2 DICTION FOR SEXUAL ABUSE OFFENSES IN 

3 CORRECTIONAL FACILITIES. 

4 (a) EXPANDED JURISDICTION.—The following provi5 sions of title 18, United States Code, are each amended by 

6 inserting ‘‘or in the custody of the Attorney General or the 

7 Bureau of Prisons or any institution or facility in which 

8 the person is confined by direction of the Attorney General,’’ 

9 after ‘‘in a Federal prison,’’: 

10 (1) Subsections (a) and (b) of section 2241. 

11 (2) The first sentence of subsection (c) of section 

12 2241. 

13 (3) Section 2242. 

14 (4) Subsections (a) and (b) of section 2243. 

15 (5) Subsections (a) and (b) of section 2244. 

16 (b) INCREASED PENALTIES.— 

17 (1) SEXUAL ABUSE OF A WARD.—Section 

18 2243(b) of such title is amended by striking ‘‘one 

19 year’’ and inserting ‘‘five years’’. 

20 (2) ABUSIVE SEXUAL CONTACT.—Section 2244 of 

21 such title is amended by striking ‘‘six months’’ and 

22 inserting ‘‘two years’’ in each of subsections (a)(4) 

23 and (b). 
97 

•HR 3402 RH 

1 SEC. 308. EXPANDED JURISDICTION FOR CONTRABAND OF2 FENSES IN CORRECTIONAL FACILITIES. 

3 Section 1791(a) of title 18, United States Code, is 

4 amended in each of paragraphs (1) and (2) by inserting 

5 ‘‘or an individual in the custody of the Attorney General 

6 or the Bureau of Prisons or any institution or facility in 

7 which the person is confined by direction of the Attorney 

8 General’’ after ‘‘an inmate of a prison’’. 

9 SEC. 309. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE 

10 PRELIMINARY HEARING. 

11 The second sentence of section 3060(c) of title 18, 

12 United States Code, is amended to read as follows: ‘‘In the 

13 absence of such consent of the accused, the judge or mag14 istrate judge may extend the time limits only on a showing 

15 that extraordinary circumstances exist and justice requires 

16 the delay.’’. 

17 SEC. 310. TECHNICAL CORRECTIONS RELATING TO 

18 STEROIDS. 

19 Section 102(41)(A) of the Controlled Substances Act 

20 (21 U.S.C. 802(41)(A)), as amended by the Anabolic Ster21 oid Control Act of 2004 (Public law 108–358), is amended 

22 by— 

23 (1) striking clause (xvii) and inserting the fol24 lowing: 

25 ‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one;’’; 

26 and 
98 

•HR 3402 RH 

1 (2) striking clause (xliv) and inserting the fol2 lowing: 

3 ‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy-[5α]- 

4 androst-2-eno[3,2-c]-pyrazole);’’. 

5 SEC. 311. PRISON RAPE COMMISSION EXTENSION. 

6 Section 7 of the Prison Rape Elimination Act of 2003 

7 (42 U.S.C. 15606) is amended in subsection (d)(3)(A) by 

8 striking ‘‘2 years’’ and inserting ‘‘3 years’’. 

9 SEC. 312. LONGER STATUTE OF LIMITATION FOR HUMAN 

10 TRAFFICKING-RELATED OFFENSES. 

11 (a) IN GENERAL.—Chapter 213 of title 18, United 

12 States Code, is amended by adding at the end the following 

13 new section: 

14 ‘‘§ 3298. Trafficking-related offenses 

15 ‘‘No person shall be prosecuted, tried, or punished for 

16 any non-capital offense or conspiracy to commit a non-cap17 ital offense under section 1581 (Peonage; Obstructing En18 forcement), 1583 (Enticement into Slavery), 1584 (Sale 

19 into Involuntary Servitude), 1589 (Forced Labor), 1590 

20 (Trafficking with Respect to Peonage, Slavery, Involuntary 

21 Servitude, or Forced Labor), or 1592 (Unlawful Conduct 

22 with Respect to Documents in furtherance of Trafficking, 

23 Peonage, Slavery, Involuntary Servitude, or Forced Labor) 

24 of this title or under section 274(a) of the Immigration and 

25 Nationality Act unless the indictment is found or the infor-
99 

•HR 3402 RH 

1 mation is instituted not later than 10 years after the com2 mission of the offense.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of such chapter is amended by adding at the 

5 end the following new item: 

‘‘3298. Trafficking-related offenses.’’. 

6 (c) MODIFICATION OF STATUTE APPLICABLE TO OF7 FENSE AGAINST CHILDREN.—Section 3283 of title 18, 

8 United States Code, is amended by inserting ‘‘, or for ten 

9 years after the offense, whichever is longer’’ after ‘‘of the 

10 child’’. 

11 SEC. 313. USE OF CENTER FOR CRIMINAL JUSTICE TECH12 NOLOGY. 

13 (a) IN GENERAL.—The Attorney General may use the 

14 services of the Center for Criminal Justice Technology, a 

15 nonprofit ‘‘center of excellence’’ that provides technology as16 sistance and expertise to the criminal justice community. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated to the Attorney General to 

19 carry out this section the following amounts, to remain 

20 available until expended: 

21 (1) $7,500,000 for fiscal year 2006; 

22 (2) $7,500,000 for fiscal year 2007; and 

23 (3) $10,000,000 for fiscal year 2008. 
100 

•HR 3402 RH 

1 SEC. 314. SEARCH GRANTS. 

2 (a) IN GENERAL.—Pursuant to subpart 1 of part E 

3 of title I of the Omnibus Crime Control and Safe Streets 

4 Act of 1968, the Attorney General may make grants to 

5 SEARCH, the National Consortium for Justice Informa6 tion and Statistics, to carry out the operations of the Na7 tional Technical Assistance and Training Program. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

9 authorized to be appropriated to the Attorney General to 

10 carry out this section $2,000,000 for each of fiscal years 

11 2006 through 2009. 

12 SEC. 315. REAUTHORIZATION OF LAW ENFORCEMENT TRIB13 UTE ACT. 

14 Section 11001 of Public Law 107–273 (42 U.S.C. 

15 15208; 116 Stat. 1816) is amended in subsection (i) by 

16 striking ‘‘2006’’ and inserting ‘‘2009’’. 

17 SEC. 316. AMENDMENT REGARDING BULLYING AND GANGS. 

18 Paragraph (13) of section 1801(b) of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

20 3796ee(b)) is amended to read as follows: 

21 ‘‘(13) establishing and maintaining account22 ability-based programs that are designed to enhance 

23 school safety, which programs may include reseach24 based bullying and gang prevention programs;’’. 
101 

•HR 3402 RH 

1 SEC. 317. TRANSFER OF PROVISIONS RELATING TO THE BU2 REAU OF ALCOHOL, TOBACCO, FIREARMS, 

3 AND EXPLOSIVES. 

4 (a) ORGANIZATIONAL PROVISION.—Part II of title 28, 

5 United States Code, is amended by adding at the end the 

6 following new chapter: 

7 ‘‘CHAPTER 40A—BUREAU OF ALCOHOL, TOBACCO, 

8 FIREARMS, AND EXPLOSIVES 

‘‘Sec. 

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

‘‘599B. Personnel management demonstration project.’’. 

9 (b) TRANSFER OF PROVISIONS.—The section heading 

10 for, and subsections (a), (b), (c)(1), and (c)(3) of, section 

11 1111, and section 1115, of the Homeland Security Act of 

12 2002 (6 U.S.C. 531(a), (b), (c)(1), and (c)(3), and 533) are 

13 hereby transferred to, and added at the end of chapter 40A 

14 of such title, as added by subsection (a) of this section. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) Such section 1111 is amended— 

17 (A) by striking the section heading and in18 serting the following: 

19 ‘‘§ 599A. Bureau of Alcohol, Tobacco, Firearms, and 

20 Explosives’’; 

21 and 

22 (B) in subsection (b)(2), by inserting ‘‘of 

23 section 1111 of the Homeland Security Act of 
102 

•HR 3402 RH 

1 2002 (as enacted on the date of the enactment of 

2 such Act)’’ after ‘‘subsection (c)’’, 

3 and such section heading and such subsections (as so 

4 amended) shall constitute section 599A of such title. 

5 (2) Such section 1115 is amended by striking the 

6 section heading and inserting the following: 

7 ‘‘§ 599B. Personnel management demonstration 

8 project’’, 

9 and such section (as so amended) shall constitute sec10 tion 599B of such title. 

11 (d) CLERICAL AMENDMENT.—The chapter analysis for 

12 such part is amended by adding at the end the following 

13 new item: 

‘‘40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives ................................................................................... 599A’’. 

14 SEC. 318. REAUTHORIZE THE GANG RESISTANCE EDU15 CATION AND TRAINING PROJECTS PROGRAM. 

16 Section 32401(b) of the Violent Crime Control Act of 

17 1994 (42 U.S.C. 13921(b)) is amended by striking para18 graphs (1) through (6) and inserting the following: 

19 ‘‘(1) $20,000,000 for fiscal year 2006; 

20 ‘‘(2) $20,000,000 for fiscal year 2007; 

21 ‘‘(3) $20,000,000 for fiscal year 2008; 

22 ‘‘(4) $20,000,000 for fiscal year 2009; and 

23 ‘‘(5) $20,000,000 for fiscal year 2010.’’. 
103 

•HR 3402 RH 

1 SEC. 319. NATIONAL TRAINING CENTER. 

2 (a) IN GENERAL.—The Attorney General may use the 

3 services of the National Training Center in Sioux City, 

4 Iowa, to utilize a national approach to bring communities 

5 and criminal justice agencies together to receive training 

6 to control the growing national problem of methamphet7 amine, poly drugs and their associated crimes. The Na8 tional Training Center in Sioux City, Iowa, seeks a com9 prehensive approach to control and reduce methamphet10 amine trafficking, production and usage through training. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated to the Attorney General to 

13 carry out this section the following amounts, to remain 

14 available until expended: 

15 (1) $2,500,000 for fiscal year 2006. 

16 (2) $3,000,000 for fiscal year 2007. 

17 (3) $3,000,000 for fiscal year 2008. 

18 (4) $3,000,000 for fiscal year 2009. 

19 SEC. 320. SENSE OF CONGRESS RELATING TO ‘‘GOOD TIME’’

20 RELEASE. 

21 It is the sense of Congress that it is important to study 

22 the concept of implementing a ‘‘good time’’ release program 

23 for non-violent criminals in the Federal prison system. 

24 SEC. 321. POLICE BADGES. 

25 Section 716 of title 18, United States Code, is amend26 ed— 
104 

•HR 3402 RH 

1 (1) in subsection (b), by inserting ‘‘is a genuine 

2 police badge and’’ after ‘‘that the badge’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) It is a defense to a prosecution under this section 

5 that the badge is a counterfeit police badge and is used or 

6 is intended to be used exclusively— 

7 ‘‘(1) for a dramatic presentation, such as a the8 atrical, film, or television production; or 

9 ‘‘(2) for legitimate law enforcement purposes.’’. 

10 SEC. 322. OFFICIALLY APPROVED POSTAGE. 

11 Section 475 of title 18, United States Code, is amended 

12 by adding at the end the following: ‘‘Nothing in this section 

13 applies to evidence of postage payment approved by the 

14 United States Postal Service.’’. 

15 TITLE IV—VIOLENCE AGAINST 

16 WOMEN REAUTHORIZATION 

17 ACT OF 2005 

18 SEC. 401. SHORT TITLE. 

19 Titles IV through X of this Act may be cited as the 

20 ‘‘Violence Against Women Reauthorization Act of 2005’’. 
105 

•HR 3402 RH 

1 SEC. 402. DEFINITIONS AND REQUIREMENTS FOR PRO2 GRAMS RELATING TO VIOLENCE AGAINST 

3 WOMEN. 

4 Part T of the Omnibus Crime Control and Safe Streets 

5 Act of 1968 is amended by inserting before section 2001 

6 (42 U.S.C. 3796gg) the following new sections: 

7 ‘‘SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING 

8 TO VIOLENCE AGAINST WOMEN ARE GENDER9 NEUTRAL. 

10 ‘‘In this part, and in any other Act of Congress, unless 

11 the context unequivocally requires otherwise, a provision 

12 authorizing or requiring the Department of Justice to make 

13 grants, or to carry out other activities, for assistance to vic14 tims of domestic violence, dating violence, stalking, sexual 

15 assault, or trafficking in persons, shall be construed to cover 

16 grants that provide assistance to female victims, male vic17 tims, or both. 

18 ‘‘SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION 

19 CARRIED OUT BY VIOLENCE AGAINST WOMEN 

20 OFFICE. 

21 ‘‘(a) IN GENERAL.—In this part, and in any violence 

22 against women provision, unless the context unequivocally 

23 requires otherwise, the following definitions apply: 

24 ‘‘(1) COURTS.—The term ‘courts’ means any 

25 civil or criminal, tribal, and Alaskan Village, Fed26 eral, State, local or territorial court having jurisdic-
106 

•HR 3402 RH 

1 tion to address domestic violence, dating violence, sex2 ual assault or stalking, including immigration, fam3 ily, juvenile, and dependency courts, and the judicial 

4 officers serving in those courts, including judges, mag5 istrate judges, commissioners, justices of the peace, or 

6 any other person with decisionmaking authority. 

7 ‘‘(2) CHILD MALTREATMENT.—The term ‘child 

8 maltreatment’ means the physical or psychological 

9 abuse or neglect of a child or youth, including sexual 

10 assault and abuse. 

11 ‘‘(3) COMMUNITY-BASED ORGANIZATION.—The 

12 term ‘community-based organization’ means an orga13 nization that— 

14 ‘‘(A) focuses primarily on domestic violence, 

15 dating violence, sexual assault, or stalking; 

16 ‘‘(B) has established a specialized culturally 

17 specific program that addresses domestic vio18 lence, dating violence, sexual assault, or stalking; 

19 ‘‘(C) has a primary focus on underserved 

20 populations (and includes representatives of 

21 these populations) and domestic violence, dating 

22 violence, sexual assault, or stalking; or 

23 ‘‘(D) obtains expertise, or shows dem24 onstrated capacity to work effectively, on domes-
107 

•HR 3402 RH 

1 tic violence, dating violence, sexual assault, and 

2 stalking through collaboration. 

3 ‘‘(4) COURT-BASED AND COURT-RELATED PER4 SONNEL.—The term ‘court-based’ and ‘court-related 

5 personnel’ mean persons working in the court, wheth6 er paid or volunteer, including— 

7 ‘‘(A) clerks, special masters, domestic rela8 tions officers, administrators, mediators, custody 

9 evaluators, guardians ad litem, lawyers, nego10 tiators, probation, parole, interpreters, victim as11 sistants, victim advocates, and judicial, adminis12 trative, or any other professionals or personnel 

13 similarly involved in the legal process; 

14 ‘‘(B) court security personnel; 

15 ‘‘(C) personnel working in related, supple16 mentary offices or programs (such as child sup17 port enforcement); and 

18 ‘‘(D) any other court-based or community19 based personnel having responsibilities or au20 thority to address domestic violence, dating vio21 lence, sexual assault, or stalking in the court sys22 tem. 

23 ‘‘(5) DOMESTIC VIOLENCE.—The term ‘domestic 

24 violence’ includes felony or misdemeanor crimes of vi25 olence committed by a current or former spouse of the 
108 

•HR 3402 RH 

1 victim, by a person with whom the victim shares a 

2 child in common, by a person who is cohabitating 

3 with or has cohabitated with the victim as a spouse, 

4 by a person similarly situated to a spouse of the vic5 tim under the domestic or family violence laws of the 

6 jurisdiction receiving grant monies, or by any other 

7 person against an adult, youth, or minor victim who 

8 is protected from that person’s acts under the domes9 tic or family violence laws of the jurisdiction receiv10 ing grant monies. 

11 ‘‘(6) DATING PARTNER.—The term ‘dating part12 ner’ refers to a person who is or has been in an ongo13 ing social relationship of a romantic or intimate na14 ture with the abuser, and existence of such a relation15 ship based on a consideration of— 

16 ‘‘(A) the length of the relationship; 

17 ‘‘(B) the type of relationship; and 

18 ‘‘(C) the frequency of interaction between 

19 the persons involved in the relationship. 

20 ‘‘(7) DATING VIOLENCE.—The term ‘dating vio21 lence’ means violence committed by a person— 

22 ‘‘(A) who is or has been in an ongoing so23 cial relationship of a romantic or intimate na24 ture with the victim; and 
109 

•HR 3402 RH 

1 ‘‘(B) where the existence of such a relation2 ship shall be determined based on a consider3 ation of the following factors: 

4 ‘‘(i) The length of the relationship. 

5 ‘‘(ii) The type of relationship. 

6 ‘‘(iii) The frequency of interaction be7 tween the persons involved in the relation8 ship. 

9 ‘‘(8) ELDER ABUSE.—The term ‘elder abuse’ 

10 means any action against a person who is 60 years 

11 of age or older that constitutes the willful— 

12 ‘‘(A) infliction of injury, unreasonable con13 finement, intimidation, or cruel punishment 

14 with resulting physical harm, pain, or mental 

15 anguish; or 

16 ‘‘(B) deprivation by a person, including a 

17 caregiver, of goods or services that are necessary 

18 to avoid physical harm, mental anguish, or men19 tal illness. 

20 ‘‘(9) INDIAN.—The term ‘Indian’ means a mem21 ber of an Indian tribe. 

22 ‘‘(10) INDIAN HOUSING.—The term ‘Indian hous23 ing’ means housing assistance described in the Native 

24 American Assistance and Self-Determination Act of 

25 (25 U.S.C. 4101 et seq., as amended). 
110 

•HR 3402 RH 

1 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 

2 means a tribe, band, pueblo, nation, or other orga3 nized group or community of Indians, including any 

4 Alaska Native village or regional or village corpora5 tion (as defined in, or established pursuant to, the 

6 Alaska Native Claims Settlement Act (43 U.S.C. 1601 

7 et seq.)), that is recognized as eligible for the special 

8 programs and services provided by the United States 

9 to Indians because of their status as Indians. 

10 ‘‘(12) INDIAN LAW ENFORCEMENT.—The term 

11 ‘Indian law enforcement’ means the departments or 

12 individuals under the direction of the Indian tribe 

13 that maintain public order. 

14 ‘‘(13) LAW ENFORCEMENT.—The term ‘law en15 forcement’ means a public agency charged with polic16 ing functions, including any of its component bureaus 

17 (such as governmental victim services programs), in18 cluding those referred to in section 3 of the Indian 

19 Enforcement Reform Act (25 U.S.C. 2802). 

20 ‘‘(14) LEGAL ASSISTANCE.—The term ‘legal as21 sistance’— 

22 ‘‘(A) includes assistance to adult, youth, 

23 and minor victims of domestic violence, dating 

24 violence, sexual assault, and stalking in— 
111 

•HR 3402 RH 

1 ‘‘(i) family, tribal, territorial, immi2 gration, employment, administrative agen3 cy, housing matters, campus administrative 

4 or protection or stay away order pro5 ceedings, and other similar matters; and 

6 ‘‘(ii) criminal justice investigations, 

7 prosecutions and post-trial matters (includ8 ing sentencing, parole, and probation) that 

9 impact the victim’s safety and privacy, sub10 ject to subparagraph (B); and 

11 ‘‘(B) does not include representation of a 

12 defendant in a criminal or juvenile proceeding. 

13 ‘‘(15) LINGUISTICALLY AND CULTURALLY SPE14 CIFIC SERVICES.—The term ‘linguistically and cul15 turally specific services’ means community-based serv16 ices that offer full linguistic access and culturally spe17 cific services and resources, including outreach, col18 laboration, and support mechanisms primarily di19 rected toward racial and ethnic populations and other 

20 underserved communities. 

21 ‘‘(16) PERSONALLY IDENTIFYING INFORMATION

22 OR PERSONAL INFORMATION.—The term ‘personally 

23 identifying information’ or ‘personal information’ 

24 means individually identifying information for or 

25 about an individual including information likely to 
112 

•HR 3402 RH 

1 disclose the location of a victim of domestic violence, 

2 dating violence, sexual assault, or stalking, includ3 ing— 

4 ‘‘(A) a first and last name; 

5 ‘‘(B) a home or other physical address; 

6 ‘‘(C) contact information (including a post7 al, e-mail or Internet protocol address, or tele8 phone or facsimile number); 

9 ‘‘(D) a social security number; and 

10 ‘‘(E) any other information, including date 

11 of birth, racial or ethnic background, or religious 

12 affiliation, that, in combination with any of sub13 paragraphs (A) through (D), would serve to 

14 identify any individual. 

15 ‘‘(17) PROSECUTION.—The term ‘prosecution’ 

16 means any public agency charged with direct respon17 sibility for prosecuting criminal offenders, including 

18 such agency’s component bureaus (such as govern19 mental victim services programs). 

20 ‘‘(18) PROTECTION ORDER OR RESTRAINING

21 ORDER.—The term ‘protection order’ or ‘restraining 

22 order’ includes— 

23 ‘‘(A) any injunction, restraining order, or 

24 any other order issued by a civil or criminal 

25 court for the purpose of preventing violent or 
113 

•HR 3402 RH 

1 threatening acts or harassment against, sexual 

2 violence or contact or communication with or 

3 physical proximity to, another person, including 

4 any temporary or final orders issued by civil or 

5 criminal courts whether obtained by filing an 

6 independent action or as a pendente lite order in 

7 another proceeding so long as any civil order 

8 was issued in response to a complaint, petition, 

9 or motion filed by or on behalf of a person seek10 ing protection; and 

11 ‘‘(B) any support, child custody or visita12 tion provisions, orders, remedies, or relief issued 

13 as part of a protection order, restraining order, 

14 or stay away injunction pursuant to State, trib15 al, territorial, or local law authorizing the 

16 issuance of protection orders, restraining orders, 

17 or injunctions for the protection of victims of do18 mestic violence, dating violence, sexual assault, 

19 or stalking. 

20 ‘‘(19) RURAL AREA AND RURAL COMMUNITY.— 

21 The terms ‘rural area’ and ‘rural community’ 

22 mean— 

23 ‘‘(A) any area or community, respectively, 

24 no part of which is within an area designated as 
114 

•HR 3402 RH 

1 a standard metropolitan statistical area by the 

2 Office of Management and Budget; or 

3 ‘‘(B) any area or community, respectively, 

4 that is— 

5 ‘‘(i) within an area designated as a 

6 metropolitan statistical area or considered 

7 as part of a metropolitan statistical area; 

8 and 

9 ‘‘(ii) located in a rural census tract. 

10 ‘‘(20) RURAL STATE.—The term ‘rural State’ 

11 means a State that has a population density of 52 or 

12 fewer persons per square mile or a State in which the 

13 largest county has fewer than 150,000 people, based 

14 on the most recent decennial census. 

15 ‘‘(21) SEXUAL ASSAULT.—The term ‘sexual as16 sault’ means any conduct prescribed by chapter 109A 

17 of title 18, United States Code, whether or not the 

18 conduct occurs in the special maritime and territorial 

19 jurisdiction of the United States or in a Federal pris20 on and includes both assaults committed by offenders 

21 who are strangers to the victim and assaults com22 mitted by offenders who are known or related by blood 

23 or marriage to the victim. 
115 

•HR 3402 RH 

1 ‘‘(22) STALKING.—The term ‘stalking’ means en2 gaging in a course of conduct directed at a specific 

3 person that would cause a reasonable person to— 

4 ‘‘(A) fear for his or her safety or the safety 

5 of others; or 

6 ‘‘(B) suffer substantial emotional distress. 

7 ‘‘(23) STATE.—The term ‘State’ means each of 

8 the several States, the District of Columbia, the Com9 monwealth of Puerto Rico, and except as otherwise 

10 provided, Guam, American Samoa, the Virgin Is11 lands, and the Northern Mariana Islands. 

12 ‘‘(24) STATE DOMESTIC VIOLENCE COALITION.— 

13 The term ‘State domestic violence coalition’ means a 

14 program determined by the Administration for Chil15 dren and Families under the Family Violence Preven16 tion and Services Act (42 U.S.C. 10410(b)). 

17 ‘‘(25) STATE SEXUAL ASSAULT COALITION.—The 

18 term ‘State sexual assault coalition’ means a program 

19 determined by the Center for Injury Prevention and 

20 Control of the Centers for Disease Control and Pre21 vention under the Public Health Service Act (42 

22 U.S.C. 280b et seq.). 

23 ‘‘(26) TERRITORIAL DOMESTIC VIOLENCE OR

24 SEXUAL ASSAULT COALITION.—The term ‘territorial 
116 

•HR 3402 RH 

1 domestic violence or sexual assault coalition’ means a 

2 program addressing domestic violence that is— 

3 ‘‘(A) an established nonprofit, nongovern4 mental territorial coalition addressing domestic 

5 violence or sexual assault within the territory; or 

6 ‘‘(B) a nongovernmental organization with 

7 a demonstrated history of addressing domestic 

8 violence or sexual assault within the territory 

9 that proposes to incorporate as a nonprofit, non10 governmental territorial coalition. 

11 ‘‘(27) TRIBAL COALITION.—The term ‘tribal coa12 lition’ means— 

13 ‘‘(A) an established nonprofit, nongovern14 mental tribal coalition addressing domestic vio15 lence and sexual assault against American In16 dian and Alaskan Native women; or 

17 ‘‘(B) individuals or organizations that pro18 pose to incorporate as nonprofit, nongovern19 mental tribal coalitions to address domestic vio20 lence and sexual assault against American In21 dian and Alaskan Native women. 

22 ‘‘(28) TRIBAL GOVERNMENT.—The term ‘tribal 

23 government’ means— 

24 ‘‘(A) the governing body of an Indian tribe; 

25 or 
117 

•HR 3402 RH 

1 ‘‘(B) a tribe, band, pueblo, nation, or other 

2 organized group or community of Indians, in3 cluding any Alaska Native village or regional or 

4 village corporation (as defined in, or established 

5 pursuant to, the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1601 et seq.)), that is recog7 nized as eligible for the special programs and 

8 services provided by the United States to Indians 

9 because of their status as Indians. 

10 ‘‘(29) TRIBAL ORGANIZATION.—The term ‘tribal 

11 organization’ means— 

12 ‘‘(A) the governing body of any Indian 

13 tribe; 

14 ‘‘(B) any legally established organization of 

15 Indians which is controlled, sanctioned, or char16 tered by such governing body of a tribe or tribes 

17 to be served, or which is democratically elected 

18 by the adult members of the Indian community 

19 to be served by such organization and which in20 cludes the maximum participation of Indians in 

21 all phases of its activities; or 

22 ‘‘(C) any tribal nonprofit organization. 

23 ‘‘(30) UNDERSERVED POPULATIONS.—The term 

24 ‘underserved populations’ includes populations under25 served because of geographic location, underserved ra-
118 

•HR 3402 RH 

1 cial and ethnic populations, populations underserved 

2 because of special needs (such as language barriers, 

3 disabilities, alienage status, or age), and any other 

4 population determined to be underserved by the Attor5 ney General. 

6 ‘‘(31) VICTIM ADVOCATE.—The term ‘victim ad7 vocate’ means a person, whether paid or serving as a 

8 volunteer, who provides services to victims of domestic 

9 violence, sexual assault, stalking, or dating violence 

10 under the auspices or supervision of a victim services 

11 program. 

12 ‘‘(32) VICTIM ASSISTANT.—The term ‘victim as13 sistant’ means a person, whether paid or serving as 

14 a volunteer, who provides services to victims of domes15 tic violence, sexual assault, stalking, or dating vio16 lence under the auspices or supervision of a court or 

17 a law enforcement or prosecution agency. 

18 ‘‘(33) VICTIM SERVICES OR VICTIM SERVICE PRO19 VIDER.—The term ‘victim services’ or ‘victim service 

20 provider’ means a nonprofit, nongovernmental orga21 nization that assists domestic violence, dating vio22 lence, sexual assault, or stalking victims, including 

23 rape crisis centers, domestic violence shelters, faith24 based organizations, and other organizations, with a 

25 documented history of effective work, or a dem-
119 

•HR 3402 RH 

1 onstrated capacity to work effectively in collaboration 

2 with an organization with a documented history of ef3 fective work, concerning domestic violence, dating vio4 lence, sexual assault, or stalking. 

5 ‘‘(34) YOUTH.—The term ‘youth’ means teen and 

6 young adult victims of domestic violence, dating vio7 lence, sexual assault, or stalking. 

8 ‘‘(b) VIOLENCE AGAINST WOMEN PROVISION.—In this 

9 section, the term ‘violence against women provision’ means 

10 any provision required by law to be carried out by or 

11 through the Violence Against Women Office. 

12 ‘‘SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT 

13 PROGRAM CARRIED OUT BY VIOLENCE 

14 AGAINST WOMEN OFFICE. 

15 ‘‘(a) IN GENERAL.—In carrying out grants under this 

16 part, and in carrying out grants under any other violence 

17 against women grant program, the Director of the Violence 

18 Against Women Office shall ensure each of the following: 

19 ‘‘(1) NONDISCLOSURE OF CONFIDENTIAL OR PRI20 VATE INFORMATION.— 

21 ‘‘(A) IN GENERAL.—In order to ensure the 

22 safety of adult, youth, and minor victims of do23 mestic violence, dating violence, sexual assault, 

24 or stalking, and their families, each grantee and 
120 

•HR 3402 RH 

1 subgrantee shall reasonably protect the confiden2 tiality and privacy of persons receiving services. 

3 ‘‘(B) NONDISCLOSURE.—Subject to subpara4 graph (C), grantees and subgrantees shall not— 

5 ‘‘(i) disclose any personally identifying 

6 information or individual information col7 lected in connection with services requested, 

8 utilized, or denied through grantees’ and 

9 subgrantees’ programs; or 

10 ‘‘(ii) reveal individual client informa11 tion without the informed, written, reason12 ably time-limited consent of the person (or 

13 in the case of an unemancipated minor, the 

14 minor and the parent or guardian or in the 

15 case of persons with disabilities, the guard16 ian) about whom information is sought, 

17 whether for this program or any other Fed18 eral, State, tribal, or territorial grant pro19 gram. 

20 ‘‘(C) RELEASE.—If release of information 

21 described in subparagraph (B) is compelled by 

22 statutory or court mandate or is requested by a 

23 Member of Congress— 

24 ‘‘(i) grantees and subgrantees shall 

25 make reasonable attempts to provide notice 
121 

•HR 3402 RH 

1 to victims affected by the disclosure of infor2 mation; and 

3 ‘‘(ii) grantees and subgrantees shall 

4 take steps necessary to protect the privacy 

5 and safety of the persons affected by the re6 lease of the information. 

7 ‘‘(D) INFORMATION SHARING.—Grantees 

8 and subgrantees may share— 

9 ‘‘(i) nonpersonally identifying data in 

10 the aggregate regarding services to their cli11 ents and nonpersonally identifying demo12 graphic information in order to comply 

13 with Federal, State, tribal, or territorial re14 porting, evaluation, or data collection re15 quirements; and 

16 ‘‘(ii) court-generated information and 

17 law-enforcement generated information con18 tained in secure, governmental registries for 

19 investigation, prosecution, and enforcement 

20 purposes. 

21 ‘‘(2) APPROVED ACTIVITIES.—In carrying out 

22 activities under the grant program, grantees and sub23 grantees may collaborate with and provide informa24 tion to Federal, State, local, tribal, and territorial 

25 public officials and agencies to develop and imple-
122 

•HR 3402 RH 

1 ment policies to reduce or eliminate domestic violence, 

2 dating violence, sexual assault, and stalking. 

3 ‘‘(3) NON-SUPPLANTATION.—Any Federal funds 

4 received under the grant program shall be used to 

5 supplement, not supplant, non-Federal funds that 

6 would otherwise be available for the activities carried 

7 out under the grant. 

8 ‘‘(4) USE OF FUNDS.—Funds authorized and ap9 propriated under the grant program may be used 

10 only for the specific purposes described in the grant 

11 program and shall remain available until expended. 

12 ‘‘(5) EVALUATION.—Grantees must collect data 

13 for use to evaluate the effectiveness of the program (or 

14 for use to carry out related research), pursuant to the 

15 requirements described in paragraph (1)(D). 

16 ‘‘(6) PROHIBITION ON LOBBYING.—Any funds 

17 appropriated for the grant program shall be subject to 

18 the prohibition in section 1913 of title 18, United 

19 States Code, relating to lobbying with appropriated 

20 moneys. 

21 ‘‘(7) PROHIBITION ON TORT LITIGATION.—Funds 

22 appropriated for the grant program may not be used 

23 to fund civil representation in a lawsuit based on a 

24 tort claim. This paragraph shall not be construed as 
123 

•HR 3402 RH 

1 a prohibition on providing assistance to obtain res2 titution in a protection order or criminal case. 

3 ‘‘(b) VIOLENCE AGAINST WOMEN GRANT PROGRAM.— 

4 In this section, the term ‘violence against women grant pro5 gram’ means any grant program required by law to be car6 ried out by or through the Violence Against Women Office.’’. 

7 TITLE V—ENHANCING JUDICIAL 

8 AND LAW ENFORCEMENT 

9 TOOLS TO COMBAT VIOLENCE 

10 SEC. 501. STOP GRANTS IMPROVEMENTS. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 1001(a)(18) of the Omnibus Crime Control and Safe Streets 

13 Act of 1968 (42 U.S.C. 3793(a)(8)) is amended by striking 

14 ‘‘$185,000,000 for each of fiscal years 2001 through 2005’’ 

15 and inserting ‘‘$215,000,000 for each of fiscal years 2006 

16 through 2010’’. 

17 (b) PURPOSE AREA ENHANCEMENTS.—Section 

18 2001(b) of title I of the Omnibus Crime Control and Safe 

19 Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended— 

20 (1) by striking ‘‘, and specifically, for the pur21 poses of—’’ and inserting ‘‘, including collaborating 

22 with and informing public officials and agencies in 

23 order to develop and implement policies to reduce or 

24 eliminate domestic violence, dating violence, sexual 
124 

•HR 3402 RH 

1 assault, and stalking, and specifically only for the 

2 purposes of—’’; 

3 (2) in paragraph (5), by inserting after ‘‘protec4 tion orders are granted,’’ the following: ‘‘supporting 

5 nonprofit nongovernmental victim services programs 

6 and tribal organizations in working with public offi7 cials and agencies to develop and implement policies, 

8 rules, and procedures in order to reduce or eliminate 

9 domestic violence, dating violence, sexual assault, and 

10 stalking,’’; 

11 (3) in paragraph (10), by striking ‘‘and’’ after 

12 the semicolon; and 

13 (4) by adding at the end the following: 

14 ‘‘(12) maintaining core victim services and 

15 criminal justice initiatives, while supporting com16 plementary new initiatives and emergency services for 

17 victims and their families; and 

18 ‘‘(13) supporting the placement of special victim 

19 assistants (to be known as ‘Jessica Gonzales Victim 

20 Assistants’) in local law enforcement agencies to serve 

21 as liaisons between victims of domestic violence, dat22 ing violence, sexual assault, and stalking and per23 sonnel in local law enforcement agencies in order to 

24 improve the enforcement of protection orders. Jessica 

25 Gonzales Victim Assistants shall have expertise in do-
125 

•HR 3402 RH 

1 mestic violence, dating violence, sexual assault, or 

2 stalking and may undertake the following activities— 

3 ‘‘(A) developing, in collaboration with pros4 ecutors, courts, and victim service providers, 

5 standardized response policies for local law en6 forcement agencies, including triage protocols to 

7 ensure that dangerous or potentially lethal cases 

8 are identified and prioritized; 

9 ‘‘(B) notifying persons seeking enforcement 

10 of protection orders as to what responses will be 

11 provided by the relevant law enforcement agency; 

12 ‘‘(C) referring persons seeking enforcement 

13 of protection orders to supplementary services 

14 (such as emergency shelter programs, hotlines, or 

15 legal assistance services); and 

16 ‘‘(D) taking other appropriate action to as17 sist or secure the safety of the person seeking en18 forcement of a protection order.’’. 

19 (c) CLARIFICATION OF ACTIVITIES REGARDING UN20 DERSERVED POPULATIONS.—Section 2007 of the Omnibus 

21 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

22 3796gg–1) is amended— 

23 (1) in subsection (c)(2), by inserting before the 

24 semicolon the following: ‘‘and describe how the State 
126 

•HR 3402 RH 

1 will address the needs of racial and ethnic minorities 

2 and other underserved populations’’; and 

3 (2) in subsection (e)(2), by striking subpara4 graph (D) and inserting the following: 

5 ‘‘(D) recognize and meaningfully respond to 

6 the needs of racial and ethnic and other under7 served populations and ensure that monies set 

8 aside to fund services and activities for racial 

9 and ethnic and other underserved populations 

10 are distributed equitably among those popu11 lations.’’. 

12 (d) TRIBAL AND TERRITORIAL SETASIDES.—Section 

13 2007 of the Omnibus Crime Control and Safe Streets Act 

14 of 1968 (42 U.S.C. 3796gg–1), as amended by subsection 

15 (c), is further amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (1), by striking ‘‘5 per18 cent’’ and inserting ‘‘10 percent’’; 

(B) in paragraph (2), by striking ‘‘1 19 ⁄54’’ 

and inserting ‘‘1 20 ⁄56’’; 

21 (C) in paragraph (3), by striking ‘‘and the 

22 coalition for the combined Territories of the 

23 United States, each receiving an amount equal 

to 1 24 ⁄54’’ and inserting ‘‘Guam, American Samoa, 

25 the United States Virgin Islands, and the Com-
127 

•HR 3402 RH 

1 monwealth of the Northern Mariana Islands, 

each receiving an amount equal to 1 2 ⁄56’’; 

(D) in paragraph (4), by striking ‘‘1 3 ⁄54’’ 

and inserting ‘‘1 4 ⁄56’’; 

5 (E) in paragraph (5), by striking ‘‘and’’ 

6 after the semicolon; 

7 (F) in paragraph (6), by striking the period 

8 and inserting ‘‘; and’’; and 

9 (G) by adding at the end: 

10 ‘‘(7) such funds shall remain available until ex11 pended.’’; 

12 (2) in subsection (c)(3)(B), by inserting after 

13 ‘‘victim services’’ the following: ‘‘, of which at least 10 

14 percent shall be distributed to culturally specific com15 munity-based organizations’’; and 

16 (3) in subsection (d)— 

17 (A) in paragraph (2), by striking ‘‘and’’ 

18 after the semicolon; 

19 (B) in paragraph (3), by striking the period 

20 and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(4) a memorandum of understanding showing 

23 that tribal, territorial, State, or local prosecution, law 

24 enforcement, and court and victim service provider 

25 subgrantees have consulted with tribal, territorial, 
128 

•HR 3402 RH 

1 State, or local victim services programs during the 

2 course of developing their grant applications in order 

3 to ensure that proposed services, activities and equip4 ment acquisitions are designed to promote the safety, 

5 confidentiality, and economic independence of victims 

6 of domestic violence, sexual assault, stalking, and dat7 ing violence.’’. 

8 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

9 COLLECTION.—Section 2007 of the Omnibus Crime Control 

10 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1), as 

11 amended by this section, is further amended by adding at 

12 the end the following: 

13 ‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA

14 COLLECTION.— 

15 ‘‘(1) IN GENERAL.—Of the total amounts appro16 priated under this part, not less than 3 percent and 

17 up to 8 percent shall be available for providing train18 ing, technical assistance, and data collection relating 

19 to the purpose areas of this part to improve the ca20 pacity of grantees, subgrantees, and other entities to 

21 offer services and assistance to victims of domestic vi22 olence, sexual assault, stalking, and dating violence. 

23 ‘‘(2) INDIAN TRAINING.—The Director of the Vio24 lence Against Women Office shall ensure that train25 ing, technical assistance, and data collection regard-
129 

•HR 3402 RH 

1 ing violence against Indian women will be developed 

2 and provided by entities having expertise in tribal 

3 law and culture. 

4 ‘‘(j) LIMITS ON INTERNET PUBLICATION OF REGISTRA5 TION INFORMATION.—As a condition of receiving grant 

6 amounts under this part, the recipient shall not make avail7 able publicly on the Internet any information regarding the 

8 registration or filing of a protection order, restraining 

9 order, or injunction in either the issuing or enforcing State, 

10 tribal, or territorial jurisdiction, if such publication would 

11 be likely to publicly reveal the identity or location of the 

12 party protected under such order. A State, Indian tribe, or 

13 territory may share court-generated law enforcement gen14 erated information contained in secure, governmental reg15 istries for protection order enforcement purposes.’’. 

16 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.— 

17 Section 2010 of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by 

19 adding at the end the following: 

20 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov21 ernment may use Federal grant funds under this part to 

22 pay for forensic medical exams performed by trained exam23 iners for victims of sexual assault, except that such funds 

24 may not be used to pay for forensic medical exams by any 

25 State or Indian tribal government that requires victims of 
130 

•HR 3402 RH 

1 sexual assault to seek reimbursement for such exams from 

2 their insurance carriers. 

3 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to permit a State to require a victim 

5 of sexual assault to participate in the criminal justice sys6 tem or cooperate with law enforcement in order to be pro7 vided with a forensic medical exam, reimbursement for 

8 charges incurred on account of such an exam, or both.’’. 

9 (g) POLYGRAPH TESTING PROHIBITION.—Part T of 

10 the Omnibus Crime Control and Safe Streets Act of 1968 

11 (42 U.S.C. 3796gg et seq.) is amended by adding at the 

12 end the following new section: 

13 ‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

14 ‘‘In order to be eligible for grants under this part, a 

15 State, Indian tribal government, or unit of local govern16 ment must certify within three years of enactment of the 

17 Violence Against Women Reauthorization Act of 2005 that 

18 their laws, policies, or practices ensure that no law enforce19 ment officer, prosecuting officer, or other government offi20 cial shall ask or require an adult, youth, or minor victim 

21 of a sex offense as defined under Federal, tribal, State, terri22 torial or local law to submit to a polygraph examination 

23 or similar truth-telling device or method as a condition for 

24 proceeding with the investigation, charging or prosecution 

25 of such an offense. A victim’s refusal to submit to the afore-
131 

•HR 3402 RH 

1 mentioned shall not prevent the investigation, charging or 

2 prosecution of the pending case.’’. 

3 (h) NO MATCHING REQUIREMENT.—Part T of the Om4 nibus Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3796gg et seq.) is further amended by adding at the 

6 end the following new section: 

7 ‘‘SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN 

8 GRANTEES. 

9 ‘‘No matching funds shall be required for a grant or 

10 subgrant made under this part, if made— 

11 ‘‘(1) to a law enforcement agency having fewer 

12 than 20 officers; 

13 ‘‘(2) to a victim service provider having an an14 nual operating budget of less than $5,000,000; or 

15 ‘‘(3) to any entity that the Attorney General de16 termines has adequately demonstrated financial 

17 need.’’. 

18 SEC. 502. GRANTS TO ENCOURAGE ARREST AND ENFORCE 

19 PROTECTION ORDERS IMPROVEMENTS. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 1001(a)(19) of the Omnibus Crime Control and Safe Streets 

22 Act of 1968 (42 U.S.C. 3793(a)(19)) is amended by striking 

23 ‘‘$65,000,000 for each of fiscal years 2001 through 2005.’’ 

24 and inserting ‘‘$65,000,000 for each of fiscal years 2006 
132 

•HR 3402 RH 

1 through 2010. Funds appropriated under this paragraph 

2 shall remain available until expended.’’. 

3 (b) GRANTEE REQUIREMENTS.—Section 2101 of the 

4 Omnibus Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3796hh) is amended— 

6 (1) in subsection (a), by striking ‘‘to treat do7 mestic violence as a serious violation’’ and inserting 

8 ‘‘to treat domestic violence, dating violence, sexual as9 sault, and stalking as serious violations’’; 

10 (2) in subsection (b)— 

11 (A) in the matter before paragraph (1), by 

12 inserting after ‘‘State’’ the following: ‘‘, tribal, 

13 territorial,’’; 

14 (B) in paragraph (1), by striking ‘‘manda15 tory arrest or’’; 

16 (C) in paragraph (2), by— 

17 (i) inserting after ‘‘educational pro18 grams,’’ the following: ‘‘protection order reg19 istries,’’; and 

20 (ii) striking ‘‘domestic violence and 

21 dating violence.’’ and inserting ‘‘domestic 

22 violence, dating violence, sexual assault, 

23 and stalking. Such policies, educational 

24 programs, registries, and training shall in25 corporate confidentiality and privacy pro-
133 

•HR 3402 RH 

1 tections for victims of domestic violence, 

2 dating violence, sexual assault, and stalk3 ing.’’; 

4 (D) in paragraph (3), by— 

5 (i) striking ‘‘domestic violence cases’’ 

6 and inserting ‘‘domestic violence, dating vi7 olence, sexual assault, and stalking cases’’; 

8 and 

9 (ii) striking ‘‘groups’’ and inserting 

10 ‘‘teams’’; 

11 (E) in paragraph (5), by striking ‘‘domestic 

12 violence and dating violence’’ and inserting ‘‘do13 mestic violence, dating violence, sexual assault, 

14 and stalking’’; 

15 (F) in paragraph (6), by— 

16 (i) striking ‘‘other’’ and inserting 

17 ‘‘civil’’; and 

18 (ii) inserting after ‘‘domestic violence’’ 

19 the following: ‘‘, dating violence, sexual as20 sault, and stalking’’; and 

21 (G) by adding at the end the following: 

22 ‘‘(9) To enhance and support the capacity of vic23 tims services programs to collaborate with and inform 

24 efforts by State and local jurisdictions and public of25 ficials and agencies to develop best practices and poli-
134 

•HR 3402 RH 

1 cies regarding arrest of domestic violence, dating vio2 lence, sexual assault, and stalking offenders and to 

3 strengthen protection order enforcement and to reduce 

4 or eliminate domestic violence, dating violence, sexual 

5 assault, and stalking. 

6 ‘‘(10) To develop State, tribal, territorial, or 

7 local policies, procedures, and protocols for preventing 

8 dual arrests and prosecutions in cases of domestic vio9 lence, dating violence, sexual assault, and stalking 

10 and to develop effective methods for identifying the 

11 pattern and history of abuse that indicates which 

12 party is the actual perpetrator of abuse. 

13 ‘‘(11) To plan, develop and establish comprehen14 sive victim service and support centers, such as fam15 ily justice centers, designed to bring together victim 

16 advocates from non-profit, non-governmental victim 

17 services organizations, law enforcement officers, pros18 ecutors, probation officers, governmental victim as19 sistants, forensic medical professionals, civil legal at20 torneys, chaplains, legal advocates, representatives 

21 from community-based organizations and other rel22 evant public or private agencies or organizations into 

23 one centralized location, in order to improve safety, 

24 access to services, and confidentiality for victims and 

25 families. 
135 

•HR 3402 RH 

1 ‘‘(12) To develop and implement policies and 

2 training for police, prosecutors, and the judiciary in 

3 recognizing, investigating, and prosecuting instances 

4 of sexual assault, with an emphasis on recognizing 

5 the threat to the community for repeat crime per6 petration by such individuals.’’; 

7 (3) in subsection (c)— 

8 (A) in paragraph (3), by striking ‘‘and’’ 

9 after the semicolon; 

10 (B) in paragraph (4), by striking the period 

11 and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(5) certify within three years of enactment of 

14 the Violence Against Women Reauthorization Act of 

15 2005 that their laws, policies, or practices ensure 

16 that— 

17 ‘‘(A) no law enforcement officer, prosecuting 

18 officer or other government official shall ask or 

19 require an adult, youth, or minor victim of a sex 

20 offense as defined under Federal, tribal, State, 

21 territorial, or local law to submit to a polygraph 

22 examination or other truth telling device as a 

23 condition for proceeding with the investigation, 

24 charging or prosecution of such an offense; and 
136 

•HR 3402 RH 

1 ‘‘(B) the refusal of a victim to submit to an 

2 examination described in subparagraph (A) shall 

3 not prevent the investigation, charging or pros4 ecution of the offense.’’; and 

5 (4) by striking subsections (d) and (e) and in6 serting the following: 

7 ‘‘(d) ALLOTMENT FOR INDIAN TRIBES.—Not less than 

8 10 percent of the total amount made available for grants 

9 under this section for each fiscal year shall be available for 

10 grants to Indian tribal governments.’’. 

11 (c) APPLICATIONS.—Section 2102(b) of the Omnibus 

12 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

13 3796hh–1(b)) is amended in each of paragraphs (1) and 

14 (2) by inserting after ‘‘involving domestic violence’’ the fol15 lowing: ‘‘, dating violence, sexual assault, or stalking’’. 

16 (d) TRAINING, TECHNICAL ASSISTANCE, AND DATA

17 COLLECTION.—Part U of title I of the Omnibus Crime Con18 trol and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) 

19 is amended by adding at the end the following: 

20 ‘‘SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA 

21 COLLECTION. 

22 ‘‘Of the total amounts appropriated under this part, 

23 not less than 5 percent and up to 8 percent shall be avail24 able for providing training, technical assistance, and data 

25 collection relating to the purpose areas of this part to im-
137 

•HR 3402 RH 

1 prove the capacity of grantees, subgrantees, and other enti2 ties to offer services and assistance to victims of domestic 

3 violence and dating violence.’’. 

4 SEC. 503. LEGAL ASSISTANCE FOR VICTIMS IMPROVE5 MENTS. 

6 Section 1201 of the Violence Against Women Act of 

7 2000 (42 U.S.C. 3796gg–6) is amended— 

8 (1) in subsection (a), by— 

9 (A) inserting before ‘‘legal assistance’’ the 

10 following: ‘‘civil and criminal’’; 

11 (B) inserting after ‘‘effective aid to’’ the fol12 lowing: ‘‘adult, youth, and minor’’; and 

13 (C) striking ‘‘domestic violence, dating vio14 lence, stalking, or sexual assault’’ and inserting 

15 ‘‘domestic violence, dating violence, sexual as16 sault, or stalking’’; 

17 (2) in subsection (c), by striking ‘‘private non18 profit entities, Indian tribal governments,’’ and in19 serting ‘‘nonprofit, nongovernmental organizations, 

20 Indian tribal governments and tribal organizations, 

21 territorial organizations,’’; 

22 (3) in each of paragraphs (1), (2), and (3) of 

23 subsection (c), by striking ‘‘victims of domestic vio24 lence, stalking, and sexual assault’’ and inserting 
138 

•HR 3402 RH 

1 ‘‘victims of domestic violence, dating violence, sexual 

2 assault, and stalking’’; 

3 (4) in subsection (d)— 

4 (A) in paragraph (1), by striking ‘‘domestic 

5 violence, dating violence, or sexual assault’’ and 

6 inserting ‘‘domestic violence, dating violence, sex7 ual assault, or stalking’’; and 

8 (B) by striking paragraphs (2) and (3) and 

9 inserting the following: 

10 ‘‘(2) any training program conducted in satis11 faction of the requirement of paragraph (1) has been 

12 or will be developed with input from and in collabo13 ration with a tribal, State, territorial, or local domes14 tic violence, dating violence, sexual assault or stalking 

15 organization or coalition, as well as appropriate trib16 al, State, territorial, and local law enforcement offi17 cials; 

18 ‘‘(3) any person or organization providing legal 

19 assistance through a program funded under subsection 

20 (c) has informed and will continue to inform tribal, 

21 State, territorial, or local domestic violence, dating 

22 violence, sexual assault or stalking organizations and 

23 coalitions, as well as appropriate tribal, State, terri24 torial, and local law enforcement officials of their 

25 work; and’’; and 
139 

•HR 3402 RH 

1 (5) in subsection (f)— 

2 (A) by striking paragraph (1) and inserting 

3 the following: 

4 ‘‘(1) IN GENERAL.—There is authorized to be ap5 propriated to carry out this section $55,000,000 for 

6 each of fiscal years 2006 through 2010. Funds appro7 priated under this section shall remain available 

8 until expended and may be used only for the specific 

9 programs and activities described in this section. 

10 Funds appropriated under this section may not be 

11 used for advocacy.’’; and 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (A), by— 

14 (I) striking ‘‘5 percent’’ and in15 serting ‘‘10 percent’’; 

16 (II) striking ‘‘programs’’ and in17 serting ‘‘tribal governments or tribal 

18 organizations’’; 

19 (III) inserting ‘‘adult, youth, and 

20 minor’’ after ‘‘that assist’’; and 

21 (IV) striking ‘‘domestic violence, 

22 dating violence, stalking, and sexual 

23 assault’’ and inserting ‘‘domestic vio24 lence, dating violence, sexual assault, 

25 and stalking’’; and 
140 

•HR 3402 RH 

1 (ii) in subparagraph (B), by striking 

2 ‘‘technical assistance to support projects fo3 cused solely or primarily on providing legal 

4 assistance to victims of sexual assault’’ and 

5 inserting ‘‘technical assistance in civil and 

6 crime victim matters to adult, youth, and 

7 minor victims of sexual assault’’. 

8 SEC. 504. COURT TRAINING AND IMPROVEMENTS. 

9 The Violence Against Women Act of 1994 is amended 

10 by adding after subtitle I (42 U.S.C. 14042) the following: 

11 ‘‘Subtitle J—Violence Against 

12 Women Act Court Training and 

13 Improvements 

14 ‘‘SEC. 41001. SHORT TITLE. 

15 ‘‘This subtitle may be cited as the ‘Violence Against 

16 Women Act Court Training and Improvements Act of 

17 2005’. 

18 ‘‘SEC. 41002. GRANTS FOR COURT TRAINING AND IMPROVE19 MENTS. 

20 ‘‘(a) PURPOSE.—The purpose of this section is to en21 able the Attorney General, though the Director of the Office 

22 on Violence Against Women, to award grants to improve 

23 court responses to adult, youth, and minor domestic vio24 lence, dating violence, sexual assault, and stalking to be 

25 used for the following purposes— 
141 

•HR 3402 RH 

1 ‘‘(1) improved internal civil and criminal court 

2 functions, responses, practices, and procedures; 

3 ‘‘(2) education for court-based and court-related 

4 personnel on issues relating to victims’ needs, includ5 ing safety, security, privacy, confidentiality and eco6 nomic independence, as well as information about 

7 perpetrator behavior and best practices for holding 

8 perpetrators accountable; 

9 ‘‘(3) collaboration and training with Federal, 

10 State, and local public agencies and officials and 

11 nonprofit, non-governmental organizations to improve 

12 implementation and enforcement of relevant Federal, 

13 State, tribal, territorial and local law; 

14 ‘‘(4) to enable courts or court-based or court-re15 lated programs to develop new or enhance current— 

16 ‘‘(A) court infrastructure (such as special17 ized courts, dockets, intake centers, or interpreter 

18 services and linguistically and culturally specific 

19 services, or a court system dedicated to the adju20 dication of domestic violence cases); 

21 ‘‘(B) community-based initiatives within 

22 the court system (such as court watch programs, 

23 victim advocates, or community-based supple24 mentary services); 
142 

•HR 3402 RH 

1 ‘‘(C) offender management, monitoring, and 

2 accountability programs; 

3 ‘‘(D) safe and confidential information-stor4 age and -sharing databases within and between 

5 court systems; 

6 ‘‘(E) education and outreach programs 

7 (such as interpreters) to improve community ac8 cess, including enhanced access for racial and 

9 ethnic communities and racial and ethnic and 

10 other underserved populations (as defined in sec11 tion 2000B of the Omnibus Crime Control and 

12 Safe Streets Act of 1968); and 

13 ‘‘(F) other projects likely to improve court 

14 responses to domestic violence, dating violence, 

15 sexual assault, and stalking; 

16 ‘‘(5) to provide training, technical assistance, 

17 and data collection to tribal, Federal, State, terri18 torial or local courts wishing to improve their prac19 tices and procedures or to develop new programs; and 

20 ‘‘(6) to provide training for specialized service 

21 providers, such as interpreters. 

22 ‘‘(b) GRANT REQUIREMENTS.—Grants awarded under 

23 this section shall be subject to the following conditions: 

24 ‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees 

25 may include— 
143 

•HR 3402 RH 

1 ‘‘(A) tribal, Federal, State, territorial or 

2 local courts or court-based programs, provided 

3 that the court’s internal organizational policies, 

4 procedures, or rules do not require mediation or 

5 counseling between offenders and victims phys6 ically together in cases where domestic violence, 

7 dating violence, sexual assault, or stalking is an 

8 issue; and 

9 ‘‘(B) national, tribal, State, or local pri10 vate, nonprofit organizations with demonstrated 

11 expertise in developing and providing judicial 

12 education about domestic violence, dating vio13 lence, sexual assault, or stalking. 

14 ‘‘(2) CONDITIONS OF ELIGIBILITY FOR CERTAIN

15 GRANTS.— 

16 ‘‘(A) COURT PROGRAMS.—To be eligible for 

17 a grant under subsection (a)(4), applicants shall 

18 certify in writing that any courts or court-based 

19 personnel working directly with or making deci20 sions about adult, youth, or minor parties expe21 riencing domestic violence, dating violence, sex22 ual assault, and stalking have completed or will 

23 complete education about domestic violence, dat24 ing violence, sexual assault, and stalking. 
144 

•HR 3402 RH 

1 ‘‘(B) EDUCATION PROGRAMS.—To be eligi2 ble for a grant under subsection (a)(2), appli3 cants shall certify in writing that any education 

4 program developed under subsection (a)(2) has 

5 been or will be developed with significant input 

6 from and in collaboration with a national, trib7 al, State, territorial, or local victim services pro8 vider or coalition. 

9 ‘‘(c) EVALUATION.— 

10 ‘‘(1) IN GENERAL.—The Attorney General, 

11 through the Director of the Office on Violence Against 

12 Women, may evaluate the grants funded under this 

13 section. 

14 ‘‘(2) TRIBAL GRANTEES.—Evaluation of tribal 

15 grantees under this section shall be conducted by enti16 ties with expertise in Federal Indian law and tribal 

17 court practice. 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) IN GENERAL.—There is authorized to be ap20 propriated to carry out this section $4,000,000 for 

21 each of fiscal years 2006 to 2010. 

22 ‘‘(2) SET ASIDE.—Of the amounts made avail23 able under this section in each fiscal year, not less 

24 than 10 percent shall be used for grants to tribes. 
145 

•HR 3402 RH 

1 ‘‘SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CUR2 RICULA. 

3 ‘‘(a) NATIONAL CURRICULA.— 

4 ‘‘(1) IN GENERAL.—The Attorney General, 

5 through the Director of the Office on Violence Against 

6 Women, shall fund efforts to develop a national edu7 cation curriculum for use by State and national judi8 cial educators to ensure that all courts and court per9 sonnel have access to information about relevant Fed10 eral, State, territorial, or local law, promising prac11 tices, procedures, and policies regarding court re12 sponses to adult, youth, and minor domestic violence, 

13 dating violence, sexual assault, and stalking. 

14 ‘‘(2) ELIGIBLE ENTITIES.—Any curricula devel15 oped under this subsection— 

16 ‘‘(A) shall be developed by an entity or enti17 ties having demonstrated expertise in developing 

18 judicial education curricula on issues relating to 

19 domestic violence, dating violence, sexual assault, 

20 and stalking; or 

21 ‘‘(B) if the primary grantee does not have 

22 demonstrated expertise such issues, the curricula 

23 shall be developed by the primary grantee in 

24 partnership with an organization having such 

25 expertise. 

26 ‘‘(b) TRIBAL CURRICULA.— 
146 

•HR 3402 RH 

1 ‘‘(1) IN GENERAL.—The Attorney General, 

2 through the Office on Violence Against Women, shall 

3 fund efforts to develop education curricula for tribal 

4 court judges to ensure that all tribal courts have rel5 evant information about promising practices, proce6 dures, policies, and law regarding tribal court re7 sponses to adult, youth, and minor domestic violence, 

8 dating violence, sexual assault, and stalking. 

9 ‘‘(2) ELIGIBLE ENTITIES.—Any curricula devel10 oped under this subsection— 

11 ‘‘(A) shall be developed by a tribal organi12 zation having demonstrated expertise in devel13 oping judicial education curricula on issues re14 lating to domestic violence, dating violence, sex15 ual assault, and stalking; and 

16 ‘‘(B) if the primary grantee does not have 

17 such expertise, the curricula shall be developed by 

18 the primary grantee through partnership with 

19 organizations having such expertise. 

20 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) IN GENERAL.—There is authorized to be ap22 propriated to carry out this section $1,000,000 for 

23 each of fiscal years 2006 to 2010. 

24 ‘‘(2) AVAILABILITY.—Funds appropriated under 

25 this section shall remain available until expended and 
147 

•HR 3402 RH 

1 may only be used for the specific programs and ac2 tivities described in this section. 

3 ‘‘(3) SET ASIDE.—Of the amounts made avail4 able under this section in each fiscal year, not less 

5 than 10 percent shall be used for grants to tribes. 

6 ‘‘SEC. 41004. ACCESS TO JUSTICE FOR TEENS. 

7 ‘‘(a) PURPOSE.—It is the purpose of this section to en8 courage cross training and collaboration between the courts, 

9 domestic violence and sexual assault service providers, 

10 youth organizations and service providers, violence preven11 tion programs, and law enforcement agencies, so that com12 munities can establish and implement policies, procedures, 

13 and practices to protect and more comprehensively and ef14 fectively serve youth victims of dating violence, domestic vi15 olence, sexual assault, and stalking between the ages of 12 

16 and 24, and to engage, where necessary, other entities ad17 dressing the safety, health, mental health, social service, 

18 housing, and economic needs of youth victims of domestic 

19 violence, dating violence, sexual assault, and stalking. 

20 ‘‘(b) GRANT AUTHORITY.— 

21 ‘‘(1) IN GENERAL.—The Attorney General, 

22 through the Director of the Office on Violence Against 

23 Women (in this section referred to as the ‘Director’), 

24 shall make grants to eligible entities to enable entities 

25 to jointly carry out cross training and other collabo-
148 

•HR 3402 RH 

1 rative initiatives that seek to carry out the purposes 

2 of this section. Amounts appropriated under this sec3 tion may only be used for programs and activities de4 scribed under subsection (c). 

5 ‘‘(2) GRANT PERIODS.—Grants shall be awarded 

6 under this section for a period of 3 fiscal years. 

7 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a 

8 grant under this section, a grant applicant shall es9 tablish a collaboration that shall include— 

10 ‘‘(A) a Tribal, State, Territorial or local ju11 venile, family, civil, criminal or other trial court 

12 with jurisdiction over domestic violence, dating 

13 violence, sexual assault or stalking cases (herein14 after referred to as ‘courts’); and 

15 ‘‘(B) a victim service provider that has ex16 perience in working on domestic violence, dating 

17 violence, sexual assault, or stalking and the effect 

18 that those forms of abuse have on young people. 

19 ‘‘(c) USES OF FUNDS.—An entity that receives a grant 

20 under this section shall use the funds made available 

21 through the grant for cross-training and collaborative ef22 forts to— 

23 ‘‘(1) assess and analyze currently available serv24 ices for youth victims of domestic violence, dating vio-
149 

•HR 3402 RH 

1 lence, sexual assault, and stalking, determine relevant 

2 barriers to such services in a particular locality; 

3 ‘‘(2) establish and enhance linkages and collabo4 ration between courts, domestic violence or sexual as5 sault service providers, and, where applicable, law en6 forcement agencies, and other entities addressing the 

7 safety, health, mental health, social service, housing, 

8 and economic needs of youth victims of domestic vio9 lence, dating violence, sexual assault or stalking, in10 cluding community-based supports such as schools, 

11 local health centers, community action groups, and 

12 neighborhood coalitions to identify, assess, and re13 spond appropriately to the varying needs of youth 

14 victims of dating violence, domestic violence, sexual 

15 assault or stalking; 

16 ‘‘(3) educate the staff of courts, domestic violence 

17 and sexual assault service providers, and, as applica18 ble, the staff of law enforcement agencies, youth orga19 nizations, schools, healthcare providers and other 

20 community prevention and intervention programs to 

21 responsibly address youth victims and perpetrators of 

22 domestic violence, dating violence, sexual assault and 

23 stalking, and to understand relevant laws, court pro24 cedures and policies; and 
150 

•HR 3402 RH 

1 ‘‘(4) provide appropriate resources in juvenile 

2 court matters to respond to dating violence, domestic 

3 violence, sexual assault and stalking and assure nec4 essary services dealing with the health and mental 

5 health of youth victims are available. 

6 ‘‘(d) GRANT APPLICATIONS.—To be eligible for a grant 

7 under this section, the entities that are members of the ap8 plicant collaboration described in subsection (b)(3) shall 

9 jointly submit an application to the Director at such time, 

10 in such manner, and containing such information as the 

11 Director may require. 

12 ‘‘(e) PRIORITY.—In awarding grants under this sec13 tion, the Director shall give priority to entities that have 

14 submitted applications in partnership with law enforce15 ment agencies and religious and community organizations 

16 and service providers that work primarily with youth, espe17 cially teens, and who have demonstrated a commitment to 

18 coalition building and cooperative problem solving in deal19 ing with problems of dating violence, domestic violence, sex20 ual assault, and stalking in teen populations. 

21 ‘‘(f) DISTRIBUTION.—In awarding grants under this 

22 section— 

23 ‘‘(1) not less than 10 percent of funds appro24 priated under this section in any year shall be avail25 able for grants to collaborations involving tribal 
151 

•HR 3402 RH 

1 courts, tribal coalitions, tribal organizations, or do2 mestic violence or sexual assault service providers the 

3 primary purpose of which is to provide culturally rel4 evant services to American Indian or Alaska Native 

5 women or youth; 

6 ‘‘(2) the Attorney General shall not use more 

7 than 2.5 percent of funds appropriated under this sec8 tion in any year for monitoring and evaluation of 

9 grants made available under this section; 

10 ‘‘(3) the Attorney General shall not use more 

11 than 2.5 percent of funds appropriated under this sec12 tion in any year for administration of grants made 

13 available under this section; and 

14 ‘‘(4) up to 8 percent of funds appropriated under 

15 this section in any year shall be available to provide 

16 training, technical assistance, and data collection for 

17 programs funded under this section. 

18 ‘‘(g) REPORTS.— 

19 ‘‘(1) REPORTS.—Each of the entities that are 

20 members of the applicant collaboration described in 

21 subsection (b)(3) and that receive a grant under this 

22 section shall jointly prepare and submit a report to 

23 the Attorney General every 18 months detailing the 

24 activities that the entities have undertaken under the 

25 grant and such additional information as the Attor-
152 

•HR 3402 RH 

1 ney General may require. Each such report shall con2 tain information on— 

3 ‘‘(A) the activities implemented by the re4 cipients of the grants awarded under this section; 

5 and 

6 ‘‘(B) related initiatives undertaken by the 

7 Director to promote attention to dating violence, 

8 domestic violence, sexual assault, and stalking 

9 and their impact on young victims by— 

10 ‘‘(i) the staffs of courts; 

11 ‘‘(ii) domestic violence, dating violence, 

12 sexual assault, and stalking service pro13 viders; and 

14 ‘‘(iii) law enforcement agencies and 

15 community organizations. 

16 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this section, 

18 $5,000,000 for each of fiscal years 2006 through 2010.’’. 

19 SEC. 505. FULL FAITH AND CREDIT IMPROVEMENTS. 

20 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

21 BY TERRITORIES.—Section 2265 of title 18, United States 

22 Code, is amended— 

23 (1) by striking ‘‘State or Indian tribe’’ each 

24 place it appears and inserting ‘‘State, Indian tribe, 

25 or territory’’; 
153 

•HR 3402 RH 

1 (2) by striking ‘‘State or tribal’’ each place it 

2 appears and inserting ‘‘State, tribal, or territorial’’; 

3 and 

4 (3) in subsection (a) by striking ‘‘State or tribe’’ 

5 and inserting ‘‘State, Indian tribe, or territory’’. 

6 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE7 MENT AUTHORITY AND RESPONSIBILITIES.—Section 

8 2265(a) of title 18, United States Code, is amended by strik9 ing ‘‘and enforced as if it were’’ and inserting ‘‘and en10 forced by the court and law enforcement personnel of the 

11 other State, Indian tribal government, or Territory as if 

12 it were’’. 

13 (c) PROTECTION ORDERS.—Sections 2265 and 2266 of 

14 title 18, United States Code, are both amended by striking 

15 ‘‘protection order’’ each place it appears and inserting 

16 ‘‘protection order, restraining order, or injunction’’. 

17 (d) DEFINITIONS.—Section 2266 of title 18, United 

18 States Code, is amended by striking paragraph (5) and in19 serting the following: 

20 ‘‘(5) PROTECTION ORDER, RESTRAINING ORDER, 

21 OR INJUNCTION.—The term ‘protection order, re22 straining order, or injunction’ includes— 

23 ‘‘(A) any injunction or other order issued 

24 by a civil or criminal court for the purpose of 

25 preventing violent or threatening acts or harass-
154 

•HR 3402 RH 

1 ment against, sexual violence, or contact or com2 munication with or physical proximity to, an3 other person, including any temporary or final 

4 order issued by a civil or criminal court whether 

5 obtained by filing an independent action or as 

6 a pendente lite order in another proceeding so 

7 long as any civil or criminal order was issued 

8 in response to a complaint, petition, or motion 

9 filed by or on behalf of a person seeking protec10 tion; and 

11 ‘‘(B) any support, child custody or visita12 tion provisions, orders, remedies or relief issued 

13 as part of a protection order, restraining order, 

14 or injunction pursuant to State, tribal, terri15 torial, or local law authorizing the issuance of 

16 protection orders, restraining orders, or injunc17 tions for the protection of victims of domestic vi18 olence, sexual assault, dating violence, or stalk19 ing.’’. 

20 SEC. 506. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES21 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

22 VIOLENCE, AND STALKING. 

23 The Violence Against Women Act of 1994, as amended 

24 by this Act, is further amended by adding after subtitle J 

25 (as added by section 504) the following: 
155 

•HR 3402 RH 

1 ‘‘Subtitle K—Privacy Protections for 

2 Victims of Domestic Violence, 

3 Dating Violence, Sexual Vio4 lence, and Stalking 

5 ‘‘SEC. 41101. TASK FORCE. 

6 ‘‘The Attorney General shall establish a task force to 

7 review and report on policies, procedures, and technological 

8 issues that may affect the privacy and confidentiality of 

9 victims of domestic violence, dating violence, stalking and 

10 sexual assault. The Attorney General shall include rep11 resentatives from States, tribes, territories, law enforcement, 

12 court personnel, and private nonprofit organizations whose 

13 mission is to help develop a best practices model to prevent 

14 personally identifying information of adult, youth, and 

15 minor victims of domestic violence, dating violence, stalking 

16 and sexual assault from being released to the detriment of 

17 such victimized persons. The Attorney General shall des18 ignate one staff member to work with the task force. The 

19 Attorney General is authorized to make grants to develop 

20 a demonstration project to implement the best practices 

21 identified by the Task Force. 

22 ‘‘SEC. 41102. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘(a) IN GENERAL.—There is authorized to be appro24 priated to carry out this subtitle $1,000,000 for each of fis25 cal years 2006 through 2010. 
156 

•HR 3402 RH 

1 ‘‘(b) AVAILABILITY.—Amounts appropriated under 

2 this section shall remain available until expended and may 

3 only be used for the specific programs and activities de4 scribed in this subtitle.’’. 

5 SEC. 507. STALKER DATABASE. 

6 Section 40603 of the Violence Against Women Act of 

7 1994 (42 U.S.C. 14032) is amended— 

8 (1) by striking ‘‘2001’’ and inserting ‘‘2006’’; 

9 and 

10 (2) by striking ‘‘2005’’ and inserting ‘‘2010’’. 

11 SEC. 508. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA. 

12 Section 40114 of the Violence Against Women Act of 

13 1994 is amended to read as follows: 

14 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSIST15 ANTS. 

16 ‘‘There are authorized to be appropriated to the Attor17 ney General for the purpose of appointing victim assistants 

18 for the prosecution of sex crimes and domestic violence 

19 crimes where applicable (such as the District of Columbia), 

20 $1,000,000 for each of fiscal years 2006 through 2010.’’. 

21 SEC. 509. PREVENTING CYBERSTALKING. 

22 Section 2261A of title 18, United States Code, is 

23 amended— 

24 (1) in paragaph (1)— 
157 

•HR 3402 RH 

1 (A) by inserting after ‘‘intimidate’’ the fol2 lowing: ‘‘, or places under surveillance with the 

3 intent to kill, injure, haras, or intimidate,’’; and 

4 (B) by inserting after ‘‘or serious bodily in5 jury to,’’ the following: ‘‘or causes substantial 

6 emotional harm to,’’; 

7 (2) in paragraph (2)(A), by striking ‘‘to kill or 

8 injure’’ and inserting ‘‘to kill, injure, harass, or in9 timidate, or places under surveillance with the intent 

10 to kill, injure, harass, or intimidate, or to cause sub11 stantial emtional harm to,’’; and 

12 (3) in paragraph (2), in the matter following 

13 clause (iii) of subparagraph (B)— 

14 (A) by inserting after ‘‘uses the mail’’ the 

15 following: ‘‘, any interactive computer service,’’; 

16 and 

17 (B) by inserting after ‘‘course of conduct 

18 that’’ the following: ‘‘causes substantial emo19 tional harm to that person or’’. 

20 SEC. 510. REPEAT OFFENDER PROVISION. 

21 Chapter 110A of title 18, United States Code, is 

22 amended by adding after section 2265 the following: 

23 ‘‘§ 2265A. Repeat offender provision 

24 ‘‘The maximum term of imprisonment for a violation 

25 of this chapter after a prior interstate domestic violence of-
158 

•HR 3402 RH 

1 fense (as defined in section 2261) or interstate violation of 

2 protection order (as defined in section 2262) or interstate 

3 stalking (as defined in sections 2261A(a) and 2261A(b)) 

4 shall be twice the term otherwise provided for the viola5 tion.’’. 

6 SEC. 511. PROHIBITING DATING VIOLENCE. 

7 Section 2261(a) of title 18, United States Code, is 

8 amended— 

9 (1) in paragraph (1), by striking ‘‘or intimate 

10 partner’’ both places such term appears and inserting 

11 ‘‘, intimate partner, or dating partner’’; and 

12 (2) in paragraph (2), by striking ‘‘or intimate 

13 partner’’ both places such term appears and inserting 

14 ‘‘, intimate partner, or dating partner’’. 

15 SEC. 512. GAO STUDY AND REPORT. 

16 (a) STUDY REQUIRED.—The Comptroller General 

17 shall conduct a study to establish the extent to which men, 

18 women, youth, and children are victims of domestic vio19 lence, dating violence, sexual assault, and stalking and the 

20 availability to all victims of shelter, counseling, legal rep21 resentation, and other services commonly provided to vic22 tims of domestic violence. 

23 (b) ACTIVITIES UNDER STUDY.—In conducting the 

24 study, the following shall apply: 
159 

•HR 3402 RH 

1 (1) CRIME STATISTICS.—The Comptroller Gen2 eral shall not rely only on crime statistics, but may 

3 also use existing research available, including public 

4 health studies and academic studies. 

5 (2) SURVEY.—The Comptroller General shall 

6 survey the Department of Justice, as well as any re7 cipients of Federal funding for any purpose or an ap8 propriate sampling of recipients, to determine— 

9 (A) what services are provided to victims of 

10 domestic violence, dating violence, sexual assault, 

11 and stalking; 

12 (B) whether those services are made avail13 able to youth, child, female, and male victims; 

14 and 

15 (C) the number, age, and gender of victims 

16 receiving each available service. 

17 (c) REPORT.—Not later than 1 year after the date of 

18 the enactment of this Act, the Comptroller General shall 

19 submit to Congress a report on the activities carried out 

20 under this section. 
160 

•HR 3402 RH 

1 TITLE VI—IMPROVING SERVICES 

2 FOR VICTIMS OF DOMESTIC 

3 VIOLENCE, DATING VIO4 LENCE, SEXUAL ASSAULT, 

5 AND STALKING 

6 SEC. 601. TECHNICAL AMENDMENT TO VIOLENCE AGAINST 

7 WOMEN ACT. 

8 Section 2001 of the Omnibus Crime Control and Safe 

9 Streets Act of 1968 (42 U.S.C. 3796gg) is amended by add10 ing at the end the following: 

11 ‘‘(e) USE OF FUNDS.—Funds appropriated for grants 

12 under this part may be used only for the specific programs 

13 and activities expressly described in this part.’’. 

14 SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM. 

15 Part T of the Omnibus Crime Control and Safe Streets 

16 Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by add17 ing after section 2013 (as added by section 501 of this Act) 

18 the following: 

19 ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM. 

20 ‘‘(a) PURPOSE.—The purposes of this section are— 

21 ‘‘(1) to assist States, Indian tribes, and terri22 tories in providing intervention, advocacy, accom23 paniment, support services, and related assistance 

24 for— 
161 

•HR 3402 RH 

1 ‘‘(A) adult, youth, and minor victims of 

2 sexual assault; 

3 ‘‘(B) family and household members of such 

4 victims; and 

5 ‘‘(C) those collaterally affected by the vic6 timization except for the perpetrator of such vic7 timization; and 

8 ‘‘(2) to provide training and technical assistance 

9 to, and to support data collection relating to sexual 

10 assault by— 

11 ‘‘(A) Federal, State, tribal, territorial, and 

12 local governments, law enforcement agencies, and 

13 courts; 

14 ‘‘(B) professionals working in legal, social 

15 service, and health care settings; 

16 ‘‘(C) nonprofit organizations; 

17 ‘‘(D) faith-based organizations; and 

18 ‘‘(E) other individuals and organizations 

19 seeking such assistance. 

20 ‘‘(b) GRANTS TO STATES, TERRITORIES AND TRIBAL

21 ENTITIES.— 

22 ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen23 eral shall award grants to States, territories and In24 dian tribes, tribal organizations, and non-profit trib25 al organizations within Indian country and Alaskan 
162 

•HR 3402 RH 

1 native villages for the establishment, maintenance and 

2 expansion of rape crisis centers or other programs 

3 and projects to assist those victimized by sexual as4 sault. 

5 ‘‘(2) SPECIAL EMPHASIS.—States, territories and 

6 tribal entities will give special emphasis to the sup7 port of community-based organizations with a dem8 onstrated history of providing intervention and re9 lated assistance to victims of sexual assault. 

10 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

11 ADDRESSING SEXUAL ASSAULT.— 

12 ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen13 eral shall award grants to any culturally specific 

14 community-based organization that— 

15 ‘‘(A) is a private, nonprofit organization 

16 that focuses primarily on racial and ethnic com17 munities; 

18 ‘‘(B) must have documented organizational 

19 experience in the area of sexual assault interven20 tion or have entered into partnership with an or21 ganization having such expertise; 

22 ‘‘(C) has expertise in the development of 

23 community-based, linguistically and culturally 

24 specific outreach and intervention services rel25 evant for the specific racial and ethnic commu-
163 

•HR 3402 RH 

1 nities to whom assistance would be provided or 

2 have the capacity to link to existing services in 

3 the community tailored to the needs of racial 

4 and ethnic populations; and 

5 ‘‘(D) has an advisory board or steering 

6 committee and staffing which is reflective of the 

7 targeted racial and ethnic community. 

8 ‘‘(2) AWARD BASIS.—The Attorney General shall 

9 award grants under this subsection on a competitive 

10 basis for a period of no less than 3 fiscal years. 

11 ‘‘(d) SERVICES AUTHORIZED.—For grants under sub12 section (b) and (c) the following services and activities may 

13 include— 

14 ‘‘(1) 24 hour hotline services providing crisis 

15 intervention services and referrals; 

16 ‘‘(2) accompaniment and advocacy through med17 ical, criminal justice, and social support systems, in18 cluding medical facilities, police, and court pro19 ceedings; 

20 ‘‘(3) crisis intervention, short-term individual 

21 and group support services, and comprehensive service 

22 coordination, and supervision to assist sexual assault 

23 victims and family or household members; 

24 ‘‘(4) support mechanisms that are culturally rel25 evant to the community; 
164 

•HR 3402 RH 

1 ‘‘(5) information and referral to assist the sexual 

2 assault victim and family or household members; 

3 ‘‘(6) community-based, linguistically and cul4 turally-specific services including outreach activities 

5 for racial and ethnic and other underserved popu6 lations and linkages to existing services in these pop7 ulations; 

8 ‘‘(7) collaborating with and informing public of9 ficials and agencies in order to develop and imple10 ment policies to reduce or eliminate sexual assault; 

11 and 

12 ‘‘(8) the development and distribution of edu13 cational materials on issues related to sexual assault 

14 and the services described in clauses (A) through (G). 

15 ‘‘(e) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

16 SEXUAL ASSAULT COALITIONS.— 

17 ‘‘(1) GRANTS AUTHORIZED.— 

18 ‘‘(A) IN GENERAL.—The Attorney General 

19 shall award grants to State, territorial and trib20 al sexual assault coalitions to assist in sup21 porting the establishment, maintenance and ex22 pansion of such coalitions as determined by the 

23 National Center for Injury Prevention and Con24 trol Office in collaboration with the Violence 
165 

•HR 3402 RH 

1 Against Women Office of the Department of Jus2 tice. 

3 ‘‘(B) FIRST-TIME APPLICANTS.—No entity 

4 shall be prohibited from submitting an applica5 tion under this subsection because such entity 

6 has not previously applied or received funding 

7 under this subsection. 

8 ‘‘(f) COALITION ACTIVITIES AUTHORIZED.—Grant 

9 funds received under subsection (e) may be used to— 

10 ‘‘(1) work with local sexual assault programs 

11 and other providers of direct services to encourage ap12 propriate responses to sexual assault within the State, 

13 territory, or Indian tribe; 

14 ‘‘(2) work with judicial and law enforcement 

15 agencies to encourage appropriate responses to sexual 

16 assault cases; 

17 ‘‘(3) work with courts, child protective services 

18 agencies, and children’s advocates to develop appro19 priate responses to child custody and visitation issues 

20 when sexual assault has been determined to be a fac21 tor; 

22 ‘‘(4) design and conduct public education cam23 paigns; 
166 

•HR 3402 RH 

1 ‘‘(5) plan and monitor the distribution and use 

2 of grants and grant funds to their State, territory, or 

3 Indian tribe; and 

4 ‘‘(6) collaborate with and inform Federal, State, 

5 Tribal, or local public officials and agencies to de6 velop and implement policies to reduce or eliminate 

7 sexual assault. 

8 ‘‘(g) APPLICATION.— 

9 ‘‘(1) Each eligible entity desiring a grant under 

10 subsections (c) and (e) shall submit an application to 

11 the Attorney General at such time, in such manner 

12 and containing such information as the Attorney 

13 General determines to be essential to carry out the 

14 purposes of this section. 

15 ‘‘(2) Each eligible entity desiring a grant under 

16 subsection (b) shall include— 

17 ‘‘(A) demonstration of meaningful involve18 ment of the State or territorial coalitions, or 

19 Tribal coalition, where applicable, in the devel20 opment of the application and implementation of 

21 the plans; 

22 ‘‘(B) a plan for an equitable distribution of 

23 grants and grant funds within the State, terri24 tory or tribal area and between urban and rural 

25 areas within such State or territory; 
167 

•HR 3402 RH 

1 ‘‘(C) the State, territorial or Tribal entity 

2 that is responsible for the administration of 

3 grants; and 

4 ‘‘(D) any other information the Attorney 

5 General reasonably determines to be necessary to 

6 carry out the purposes and provisions of this sec7 tion. 

8 ‘‘(h) REPORTING.— 

9 ‘‘(1) Each entity receiving a grant under sub10 section (b), (c) and (e) shall submit a report to the 

11 Attorney General that describes the activities carried 

12 out with such grant funds. 

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

14 ‘‘(1) IN GENERAL.—There is authorized to be ap15 propriated $55,000,000 for each of the fiscal years 

16 2006 through 2010 to carry out this section. Any 

17 amounts so appropriated shall remain available until 

18 expended. 

19 ‘‘(2) ALLOCATIONS.—Of the total amount appro20 priated for each fiscal year to carry out this section— 

21 ‘‘(A) not more than 2.5 percent shall be 

22 used by the Attorney General for evaluation, 

23 monitoring and administrative costs under this 

24 section; 
168 

•HR 3402 RH 

1 ‘‘(B) not more than 2.5 percent shall be 

2 used for the provision of technical assistance to 

3 grantees and subgrantees under this section, ex4 cept that in subsection (c) up to 5 percent of 

5 funds appropriated under that subsection may be 

6 available for technical assistance to be provided 

7 by a national organization or organizations 

8 whose primary purpose and expertise is in sex9 ual assault within racial and ethnic commu10 nities; 

11 ‘‘(C) not less than 75 percent shall be used 

12 for making grants to states and territories and 

13 tribal entities under subsection (b) of which not 

14 less than 10 percent of this amount shall be allo15 cated for grants to tribal entities. State, terri16 torial and tribal governmental agencies shall use 

17 no more than 5 percent for administrative costs; 

18 ‘‘(D) not less than 10 percent shall be used 

19 for grants for culturally specific programs ad20 dressing sexual assault under subsection (c); and 

21 ‘‘(E) not less than 10 percent shall be used 

22 for making grants to state, territorial and tribal 

23 coalitions under subsection (e) of which not less 

24 than 10 percent shall be allocated for grants to 

25 tribal coalitions. 
169 

•HR 3402 RH 

1 The remaining funds shall be available for grants to 

2 State and territorial coalitions, and the Attorney 

General shall allocate an amount equal to 1 3 ⁄56 of the 

4 amounts so appropriated to each of the several States, 

5 the District of Columbia, and the territories. 

6 ‘‘(3) MINIMUM AMOUNT.—Of the amount appro7 priated under section (i)(2)(C), the Attorney General, 

8 not including the set aside for tribal entities, shall al9 locate not less than 1.50 percent to each State and not 

10 less than 0.125 percent to each of the territories. The 

11 remaining funds shall be allotted to each State and 

12 each territory in an amount that bears the same ratio 

13 to such remaining funds as the population of such 

14 State bears to the population of the combined States, 

15 or for territories, the population of the combined ter16 ritories.’’. 

17 SEC. 603. AMENDMENTS TO THE RURAL DOMESTIC VIO18 LENCE AND CHILD ABUSE ENFORCEMENT AS19 SISTANCE PROGRAM. 

20 Section 40295 of the Violence Against Women Act of 

21 1994 (42 U.S.C. 13971) is amended to read as follows: 

22 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO23 LENCE, SEXUAL ASSAULT, STALKING, AND 

24 CHILD ABUSE ENFORCEMENT ASSISTANCE. 

25 ‘‘(a) PURPOSES.—The purposes of this section are— 
170 

•HR 3402 RH 

1 ‘‘(1) to identify, assess, and appropriately re2 spond to adult, youth, and minor domestic violence, 

3 sexual assault, dating violence, and stalking in rural 

4 communities, by encouraging collaboration between— 

5 ‘‘(A) domestic violence, dating violence, sex6 ual assault, and stalking victim service pro7 viders; 

8 ‘‘(B) law enforcement agencies; 

9 ‘‘(C) prosecutors; 

10 ‘‘(D) courts; 

11 ‘‘(E) other criminal justice service pro12 viders; 

13 ‘‘(F) human and community service pro14 viders; 

15 ‘‘(G) educational institutions; and 

16 ‘‘(H) health care providers; 

17 ‘‘(2) to establish and expand nonprofit, non18 governmental, State, tribal, and local government 

19 services in rural communities to adult, youth, and 

20 minor victims; and 

21 ‘‘(3) to increase the safety and well-being of 

22 women and children in rural communities, by— 

23 ‘‘(A) dealing directly and immediately with 

24 domestic violence, sexual assault, dating violence, 
171 

•HR 3402 RH 

1 and stalking occurring in rural communities; 

2 and 

3 ‘‘(B) creating and implementing strategies 

4 to increase awareness and prevent domestic vio5 lence, sexual assault, dating violence, and stalk6 ing. 

7 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General, 

8 acting through the Director of the Office on Violence Against 

9 Women (referred to in this section as the ‘Director’), may 

10 award 3-year grants, with a possible extension for an addi11 tional 3 years, to States, Indian tribes, local governments, 

12 and nonprofit, public or private entities, including tribal 

13 nonprofit organizations, to carry out programs serving 

14 rural areas or rural communities that address domestic vio15 lence, dating violence, sexual assault, and stalking by— 

16 ‘‘(1) implementing, expanding, and establishing 

17 cooperative efforts and projects between law enforce18 ment officers, prosecutors, victim advocacy groups, 

19 and other related parties to investigate and prosecute 

20 incidents of domestic violence, dating violence, sexual 

21 assault, and stalking; 

22 ‘‘(2) providing treatment, counseling, and other 

23 long- and short-term assistance to adult, youth, and 

24 minor victims of domestic violence, dating violence, 
172 

•HR 3402 RH 

1 sexual assault, and stalking in rural communities; 

2 and 

3 ‘‘(3) working in cooperation with the community 

4 to develop education and prevention strategies di5 rected toward such issues. 

6 ‘‘(c) USE OF FUNDS.—Funds appropriated pursuant 

7 to this section shall be used only for specific programs and 

8 activities expressly described in subsection (a). 

9 ‘‘(d) ALLOTMENTS AND PRIORITIES.— 

10 ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not less 

11 than 10 percent of the total amount made available 

12 for each fiscal year to carry out this section shall be 

13 allocated for grants to Indian tribes or tribal organi14 zations. 

15 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT SERV16 ICES.— 

17 ‘‘(A) IN GENERAL.—Not less than 25 per18 cent of the total amount made available for each 

19 fiscal year to carry out this section shall be allo20 cated for grants that meaningfully address sex21 ual assault in rural communities, except as pro22 vided in subparagraph (B). 

23 ‘‘(B) ESCALATION.—The percentage re24 quired by subparagraph (A) shall be— 
173 

•HR 3402 RH 

1 ‘‘(i) 30 percent, for any fiscal year for 

2 which $45,000,000 or more is made avail3 able to carry out this section; 

4 ‘‘(ii) 35 percent, for any fiscal year for 

5 which $50,000,000 or more is made avail6 able to carry out this section; or 

7 ‘‘(iii) 40 percent, for any fiscal year 

8 for which $55,000,000 or more is made 

9 available to carry out this section. 

10 ‘‘(C) SAVINGS CLAUSE.—Nothing in this 

11 paragraph shall prohibit an applicant from ap12 plying for funding to address domestic violence, 

13 dating violence, sexual assault, or stalking, sepa14 rately or in combination, in the same applica15 tion. 

16 ‘‘(D) REPORT TO CONGRESS.—The Attorney 

17 General shall, on an annual basis, submit to 

18 Congress a report on the effectiveness of the set19 aside for sexual assault services. The report shall 

20 include any recommendations of the Attorney 

21 General with respect to the rural grant program. 

22 ‘‘(3) ALLOTMENT FOR TRAINING, TECHNICAL AS23 SISTANCE, AND DATA COLLECTION.—Of the amounts 

24 appropriated for each fiscal year to carry out this 

25 section, not more than 8 percent may be used by the 
174 

•HR 3402 RH 

1 Director for training, technical assistance, and data 

2 collection costs. Of the amounts so used, not less than 

3 25 percent shall be available to nonprofit, nongovern4 mental organizations whose focus and expertise is in 

5 addressing sexual assault to provide training, tech6 nical assistance, and data collection with respect to 

7 sexual assault grantees. 

8 ‘‘(4) UNDERSERVED POPULATIONS.—In award9 ing grants under this section, the Director shall give 

10 priority to the needs of racial and ethnic and other 

11 underserved populations (as defined in section 2000B 

12 of the Omnibus Crime Control and Safe Streets Act 

13 of 1968). 

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) IN GENERAL.—There are authorized to be 

16 appropriated $50,000,000 for each of the fiscal years 

17 2006 through 2010 to carry out this section. 

18 ‘‘(2) ADDITIONAL FUNDING.—In addition to 

19 funds received through a grant under subsection (b), 

20 a law enforcement agency may use funds received 

21 through a grant under part Q of title I of the Omni22 bus Crime Control and Safe Streets Act of 1968 (42 

23 U.S.C. 3796dd et seq.) to accomplish the objectives of 

24 this section.’’. 
175 

•HR 3402 RH 

1 SEC. 604. ASSISTANCE FOR VICTIMS OF ABUSE. 

2 Part T of the Omnibus Crime Control and Safe Streets 

3 Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by add4 ing after section 2014 (as added by section 602 of this Act) 

5 the following: 

6 ‘‘SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE. 

7 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

8 may award grants to appropriate entities— 

9 ‘‘(1) to provide services for victims of domestic 

10 violence, abuse by caregivers, and sexual assault who 

11 are 50 years of age or older; 

12 ‘‘(2) to improve the physical accessibility of ex13 isting buildings in which services are or will be ren14 dered for victims of domestic violence and sexual as15 sault who are 50 years of age or older; 

16 ‘‘(3) to provide training, consultation, and infor17 mation on abuse by caregivers, domestic violence, dat18 ing violence, stalking, and sexual assault against in19 dividuals with disabilities (as defined in section 3 of 

20 the Americans with Disabilities Act of 1990 (42 

21 U.S.C. 12102)), and to enhance direct services to such 

22 individuals; 

23 ‘‘(4) for training programs to assist law enforce24 ment officers, prosecutors, governmental agencies, vic25 tim assistants, and relevant officers of Federal, State, 

26 tribal, territorial, and local courts in recognizing, ad-
176 

•HR 3402 RH 

1 dressing, investigating, and prosecuting instances of 

2 adult, youth, or minor domestic violence, dating vio3 lence, sexual assault, stalking, elder abuse, and vio4 lence against individuals with disabilities, including 

5 domestic violence and sexual assault, against older or 

6 disabled individuals; and 

7 ‘‘(5) for multidisciplinary collaborative commu8 nity responses to victims. 

9 ‘‘(b) USE OF FUNDS.—Grant funds under this section 

10 may be used— 

11 ‘‘(1) to implement or expand programs or serv12 ices to respond to the needs of persons 50 years of age 

13 or older who are victims of domestic violence, dating 

14 violence, sexual assault, stalking, or elder abuse; 

15 ‘‘(2) to provide personnel, training, technical as16 sistance, data collection, advocacy, intervention, risk 

17 reduction and prevention of domestic violence, dating 

18 violence, stalking, and sexual assault against disabled 

19 individuals; 

20 ‘‘(3) to conduct outreach activities to ensure that 

21 disabled individuals who are victims of domestic vio22 lence, dating violence, stalking, or sexual assault re23 ceive appropriate assistance; 

24 ‘‘(4) to conduct cross-training for victim service 

25 organizations, governmental agencies, and nonprofit, 
177 

•HR 3402 RH 

1 nongovernmental organizations serving individuals 

2 with disabilities; about risk reduction, intervention, 

3 prevention and the nature of dynamic of domestic vi4 olence, dating violence, stalking, and sexual assault 

5 for disabled individuals; 

6 ‘‘(5) to provide training, technical assistance, 

7 and data collection to assist with modifications to ex8 isting policies, protocols, and procedures to ensure 

9 equal access to the services, programs, and activities 

10 of victim service organizations for disabled individ11 uals; 

12 ‘‘(6) to provide training, technical assistance, 

13 and data collection on the requirements of shelters 

14 and victim services organizations under Federal anti15 discrimination laws, including— 

16 ‘‘(A) the Americans with Disabilities Act of 

17 1990; and 

18 ‘‘(B) section 504 of the Rehabilitation Act of 

19 1973; 

20 ‘‘(7) to purchase equipment, and provide per21 sonnel so that shelters and victim service organiza22 tions can accommodate the needs of disabled individ23 uals; 

24 ‘‘(8) to provide advocacy and intervention serv25 ices for disabled individuals who are victims of do-
178 

•HR 3402 RH 

1 mestic violence, dating violence, stalking, or sexual 

2 assault through collaborative partnerships between— 

3 ‘‘(A) nonprofit, nongovernmental agencies; 

4 ‘‘(B) governmental agencies serving individ5 uals with disabilities; and 

6 ‘‘(C) victim service organizations; or 

7 ‘‘(9) to develop model programs providing advo8 cacy and intervention services within organizations 

9 serving disabled individuals who are victims of do10 mestic violence, dating violence, sexual assault, or 

11 stalking. 

12 ‘‘(c) ELIGIBLE ENTITIES.— 

13 ‘‘(1) IN GENERAL.—An entity shall be eligible to 

14 receive a grant under this section if the entity is— 

15 ‘‘(A) a State; 

16 ‘‘(B) a unit of local government; 

17 ‘‘(C) a nonprofit, nongovernmental organi18 zation such as a victim services organization, an 

19 organization serving individuals with disabil20 ities or a community-based organization; and 

21 ‘‘(D) a religious organization. 

22 ‘‘(2) LIMITATION.—A grant awarded for the pur23 poses described in subsection (b)(9) shall be awarded 

24 only to an eligible agency (as defined in section 410 

25 of the Rehabilitation Act of 1973 (29 U.S.C. 796f–5)). 
179 

•HR 3402 RH 

1 ‘‘(d) APPLICATION.—An eligible entity desiring a 

2 grant under this section shall submit an application to the 

3 Attorney General at such time, in such manner, and con4 taining such information as the Attorney General may re5 quire. 

6 ‘‘(e) REPORTING.—Not later than 1 year after the last 

7 day of the first fiscal year commencing on or after the date 

8 of enactment of this Act, and not later than 180 days after 

9 the last day of each fiscal year thereafter, the Attorney Gen10 eral shall submit to Congress a report evaluating the effec11 tiveness of programs administered and operated pursuant 

12 to this section. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated $20,500,000 for each of the 

15 fiscal years 2006 through 2010 to carry out this section.’’. 

16 SEC. 605. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE 

17 HOTLINE. 

18 (a) STUDY REQUIRED.—Not later than 6 months after 

19 the date of enactment of this Act, the Comptroller General 

20 shall conduct a study of the National Domestic Violence 

21 Hotline to determine the effectiveness of the Hotline in as22 sisting victims of domestic violence. 

23 (b) ISSUES TO BE STUDIED.—In conducting the study 

24 under subsection (a), the Comptroller General shall— 
180 

•HR 3402 RH 

1 (1) compile statistical and substantive informa2 tion about calls received by the Hotline since its in3 ception, or a representative sample of such calls, while 

4 maintaining the confidentiality of Hotline callers; 

5 (2) interpret the data compiled under paragraph 

6 (1)— 

7 (A) to determine the trends, gaps in serv8 ices, and geographical areas of need; and 

9 (B) to assess the trends and gaps in services 

10 to underserved populations and the military 

11 community; and 

12 (3) gather other important information about 

13 domestic violence. 

14 (c) REPORT.—Not later than 3 years after the date of 

15 enactment of this Act, the Comptroller General shall submit 

16 to Congress a report on the results of the study. 

17 SEC. 606. GRANTS FOR OUTREACH TO UNDERSERVED POP18 ULATIONS. 

19 (a) GRANTS AUTHORIZED.— 

20 (1) IN GENERAL.—From amounts made avail21 able to carry out this section, the Attorney General, 

22 acting through the Director of the Office on Violence 

23 Against Women, shall award grants to eligible entities 

24 described in subsection (b) to carry out local, re25 gional, or national public information campaigns fo-
181 

•HR 3402 RH 

1 cused on addressing adult, youth, or minor domestic 

2 violence, dating violence, sexual assault, stalking, or 

3 trafficking within tribal, racial, and ethnic popu4 lations and immigrant communities, including infor5 mation on services available to victims and ways to 

6 prevent or reduce domestic violence, dating violence, 

7 sexual assault, and stalking. 

8 (2) TERM.—The Attorney General shall award 

9 grants under this section for a period of 1 fiscal year. 

10 (b) ELIGIBLE ENTITIES.—Eligible entities under this 

11 section are— 

12 (1) nonprofit, nongovernmental organizations or 

13 coalitions that represent the targeted tribal, racial, 

14 and ethnic populations or immigrant community 

15 that— 

16 (A) have a documented history of creating 

17 and administering effective public awareness 

18 campaigns addressing domestic violence, dating 

19 violence, sexual assault, and stalking; or 

20 (B) work in partnership with an organiza21 tion that has a documented history of creating 

22 and administering effective public awareness 

23 campaigns addressing domestic violence, dating 

24 violence, sexual assault, and stalking; or 
182 

•HR 3402 RH 

1 (2) a governmental entity that demonstrates a 

2 partnership with organizations described in para3 graph (1). 

4 (c) ALLOCATION OF FUNDS.—Of the amounts appro5 priated for grants under this section— 

6 (1) not more than 20 percent shall be used for 

7 national model campaign materials targeted to spe8 cific tribal, racial, or ethnic populations or immi9 grant community, including American Indian tribes 

10 and Alaskan native villages for the purposes of re11 search, testing, message development, and preparation 

12 of materials; and 

13 (2) the balance shall be used for not less than 10 

14 State, regional, territorial, tribal, or local campaigns 

15 targeting specific communities with information and 

16 materials developed through the national campaign 

17 or, if appropriate, new materials to reach an under18 served population or a particularly isolated commu19 nity. 

20 (d) USE OF FUNDS.—Funds appropriated under this 

21 section shall be used to conduct a public information cam22 paign and build the capacity and develop leadership of ra23 cial, ethnic populations, or immigrant community members 

24 to address domestic violence, dating violence, sexual assault, 

25 and stalking. 
183 

•HR 3402 RH 

1 (e) APPLICATION.—An eligible entity desiring a grant 

2 under this section shall submit an application to the Direc3 tor of the Office on Violence Against Women at such time, 

4 in such form, and in such manner as the Director may pre5 scribe. 

6 (f) CRITERIA.—In awarding grants under this section, 

7 the Attorney General shall ensure— 

8 (1) reasonable distribution among eligible grant9 ees representing various racial, ethnic, and immi10 grant communities; 

11 (2) reasonable distribution among State, re12 gional, territorial, tribal, and local campaigns; and 

13 (3) that not more than 8 percent of the total 

14 amount appropriated under this section for each fis15 cal year is set aside for training, technical assistance, 

16 and data collection. 

17 (g) REPORTS.—Each eligible entity receiving a grant 

18 under this section shall submit to the Director of the Office 

19 of Violence Against Women, every 18 months, a report that 

20 describes the activities carried out with grant funds. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated to carry out this section 

23 $2,000,000 for each of fiscal years 2006 through 2010. 
184 

•HR 3402 RH 

1 TITLE VII—SERVICES, PROTEC2 TION, AND JUSTICE FOR 

3 YOUNG VICTIMS OF VIO4 LENCE 

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

6 VIOLENCE. 

7 The Violence Against Women Act of 1994 is amended 

8 by adding after subtitle K (as added by section 506) the 

9 following: 

10 ‘‘Subtitle L—Services, Education, 

11 Protection and Justice for 

12 Young Victims of Violence 

13 ‘‘SEC. 41201. GRANTS FOR TRAINING AND COLLABORATION 

14 ON THE INTERSECTION BETWEEN DOMESTIC 

15 VIOLENCE AND CHILD MALTREATMENT. 

16 ‘‘(a) PURPOSE.—The purpose of this section is to sup17 port efforts by domestic violence or dating violence victim 

18 services providers, courts, law enforcement, child welfare 

19 agencies, and other related professionals and community or20 ganizations to develop collaborative responses and services 

21 and provide cross-training to enhance community responses 

22 to families where there is both child maltreatment and do23 mestic violence. 

24 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General, 

25 through the Violence Against Women Office, shall award 
185 

•HR 3402 RH 

1 grants on a competitive basis to eligible entities for the pur2 poses and in the manner described in this section. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to carry out this section 

5 $8,000,000 for each of fiscal years 2006 through 2010. 

6 Funds appropriated under this section shall remain avail7 able until expended. Of the amounts appropriated to carry 

8 out this section for each fiscal year, the Attorney General 

9 shall— 

10 ‘‘(1) use not more than 3 percent for evaluation, 

11 monitoring, site visits, grantee conferences, and other 

12 administrative costs associated with conducting ac13 tivities under this section; 

14 ‘‘(2) set aside not more than 10 percent for 

15 grants to programs addressing child maltreatment 

16 and domestic violence or dating violence that are op17 erated by, or in partnership with, a tribal organiza18 tion; and 

19 ‘‘(3) set aside up to 8 percent for training and 

20 technical assistance, to be provided— 

21 ‘‘(A) to organizations that are establishing 

22 or have established collaborative responses and 

23 services; and 

24 ‘‘(B) by organizations having demonstrated 

25 expertise in developing collaborative community 
186 

•HR 3402 RH 

1 and system responses to families in which there 

2 is both child maltreatment and domestic violence 

3 or dating violence, whether or not they are re4 ceiving funds under this section. 

5 ‘‘(d) UNDERSERVED POPULATIONS.—In awarding 

6 grants under this section, the Attorney General shall con7 sider the needs of racial and ethnic and other underserved 

8 populations (as defined in section 2000B of the Omnibus 

9 Crime Control and Safe Streets Act of 1968). 

10 ‘‘(e) GRANT AWARDS.—The Attorney General shall 

11 award grants under this section for periods of not more 

12 than 3 fiscal years. 

13 ‘‘(f) USES OF FUNDS.—Entities receiving grants 

14 under this section shall use amounts provided to develop 

15 collaborative responses and services and provide cross-train16 ing to enhance community responses to families where there 

17 is both child maltreatment and domestic violence or dating 

18 violence. Amounts distributed under this section may only 

19 be used for programs and activities described in subsection 

20 (g). 

21 ‘‘(g) PROGRAMS AND ACTIVITIES.—The programs and 

22 activities developed under this section shall— 

23 ‘‘(1) encourage cross training, education, service 

24 development, and collaboration among child welfare 

25 agencies, domestic violence victim service providers, 
187 

•HR 3402 RH 

1 and courts, law enforcement agencies, community2 based programs, and other entities, in order to ensure 

3 that such entities have the capacity to and will iden4 tify, assess, and respond appropriately to— 

5 ‘‘(A) domestic violence or dating violence in 

6 homes where children are present and may be ex7 posed to the violence; 

8 ‘‘(B) domestic violence or dating violence in 

9 child protection cases; and 

10 ‘‘(C) the needs of both the child and non11 abusing parent; 

12 ‘‘(2) establish and implement policies, proce13 dures, programs, and practices for child welfare agen14 cies, domestic violence victim service providers, courts, 

15 law enforcement agencies, and other entities, that are 

16 consistent with the principles of protecting and in17 creasing the immediate and long-term safety and well 

18 being of children and non-abusing parents and care19 takers by— 

20 ‘‘(A) increasing the safety, autonomy, ca21 pacity, and financial security of non-abusing 

22 parents or caretakers, including developing serv23 ice plans and utilizing community-based services 

24 that provide resources and support to non-abus25 ing parents; 
188 

•HR 3402 RH 

1 ‘‘(B) protecting the safety, security, and 

2 well-being of children by preventing their unnec3 essary removal from a non-abusing parent, or, 

4 in cases where removal of the child is necessary 

5 to protect the child’s safety, taking the necessary 

6 steps to provide appropriate and community7 based services to the child and the non-abusing 

8 parent to promote the safe and appropriately 

9 prompt reunification of the child with the non10 abusing parent; 

11 ‘‘(C) recognizing the relationship between 

12 child maltreatment and domestic violence or dat13 ing violence in a family, as well as the impact 

14 of and danger posed by the perpetrators’ behav15 ior on adult, youth, and minor victims; and 

16 ‘‘(D) holding adult, youth, and minor per17 petrators of domestic violence or dating violence, 

18 not adult, youth, and minor victims of abuse or 

19 neglect, accountable for stopping the perpetra20 tors’ abusive behaviors, including the develop21 ment of separate service plans, court filings, or 

22 community-based interventions where appro23 priate; 

24 ‘‘(3) increase cooperation and enhance linkages 

25 between child welfare agencies, domestic violence vic-
189 

•HR 3402 RH 

1 tim service providers, courts (including family, crimi2 nal, juvenile courts, or tribal courts), law enforcement 

3 agencies, and other entities to provide more com4 prehensive community-based services (including 

5 health, mental health, social service, housing, and 

6 neighborhood resources) to protect and to serve adult, 

7 youth, and minor victims; 

8 ‘‘(4) identify, assess, and respond appropriately 

9 to domestic violence or dating violence in child pro10 tection cases and to child maltreatment when it co11 occurs with domestic violence or dating violence; 

12 ‘‘(5) analyze and change policies, procedures, 

13 and protocols that contribute to overrepresentation of 

14 racial and ethnic minorities in the court and child 

15 welfare system; and 

16 ‘‘(6) provide appropriate referrals to community17 based programs and resources, such as health and 

18 mental health services, shelter and housing assistance 

19 for adult, youth, and minor victims and their chil20 dren, legal assistance and advocacy for adult, youth, 

21 and minor victims, assistance for parents to help 

22 their children cope with the impact of exposure to do23 mestic violence or dating violence and child maltreat24 ment, appropriate intervention and treatment for 

25 adult perpetrators of domestic violence or dating vio-
190 

•HR 3402 RH 

1 lence whose children are the subjects of child protec2 tion cases, programs providing support and assist3 ance to racial and ethnic populations, and other nec4 essary supportive services. 

5 ‘‘(h) GRANTEE REQUIREMENTS.— 

6 ‘‘(1) APPLICATIONS.—Under this section, an en7 tity shall prepare and submit to the Attorney General 

8 an application at such time, in such manner, and 

9 containing such information as the Attorney General 

10 may require, consistent with the requirements de11 scribed herein. The application shall— 

12 ‘‘(A) ensure that communities impacted by 

13 these systems or organizations are adequately 

14 represented in the development of the applica15 tion, the programs and activities to be under16 taken, and that they have a significant role in 

17 evaluating the success of the project; 

18 ‘‘(B) describe how the training and collabo19 ration activities will enhance or ensure the safety 

20 and economic security of families where both 

21 child maltreatment and domestic violence or dat22 ing violence occurs by providing appropriate re23 sources, protection, and support to the victimized 

24 parents of such children and to the children 

25 themselves; and 
191 

•HR 3402 RH 

1 ‘‘(C) outline methods and means partici2 pating entities will use to ensure that all services 

3 are provided in a developmentally, linguistically 

4 and culturally competent manner and will uti5 lize community-based supports and resources. 

6 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a 

7 grant under this section, an entity shall be a collabo8 ration that— 

9 ‘‘(A) shall include a State or local child 

10 welfare agency or Indian Tribe; 

11 ‘‘(B) shall include a domestic violence or 

12 dating violence victim service provider; 

13 ‘‘(C) may include a court; 

14 ‘‘(D) may include a law enforcement agen15 cy, or Bureau of Indian Affairs providing tribal 

16 law enforcement; and 

17 ‘‘(E) may include any other such agencies 

18 or private nonprofit organizations, including 

19 community-based organizations, with the capac20 ity to provide effective help to the adult, youth, 

21 and minor victims served by the collaboration. 

22 ‘‘(3) REPORTS.—Each entity receiving a grant 

23 under this section shall report to the Attorney General 

24 every 18 months, detailing how the funds have been 

25 used. 
192 

•HR 3402 RH 

1 ‘‘SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND 

2 TO TEENS. 

3 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

4 shall award grants to eligible entities to conduct programs 

5 to serve youth between the ages of 12 and 24 of domestic 

6 violence, dating violence, sexual assault, and stalking. 

7 Amounts appropriated under this section may only be used 

8 for programs and activities described under subsection (c). 

9 ‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive 

10 a grant under this section, an entity shall be— 

11 ‘‘(1) a nonprofit, nongovernmental entity, the 

12 primary purpose of which is to provide services to 

13 victims of domestic violence, dating violence, sexual 

14 assault, or stalking; 

15 ‘‘(2) a religious or community-based organiza16 tion that specializes in working with youth victims of 

17 domestic violence, dating violence, sexual assault, or 

18 stalking; 

19 ‘‘(3) an Indian Tribe or tribal organization pro20 viding services primarily to tribal youth or tribal vic21 tims of domestic violence, dating violence, sexual as22 sault or stalking; or 

23 ‘‘(4) a nonprofit, nongovernmental entity pro24 viding services for runaway or homeless youth. 

25 ‘‘(c) USE OF FUNDS.— 
193 

•HR 3402 RH 

1 ‘‘(1) IN GENERAL.—An entity that receives a 

2 grant under this section shall use amounts provided 

3 under the grant to design or replicate, and imple4 ment, programs and services, using domestic violence, 

5 dating violence, sexual assault, and stalking interven6 tion models to respond to the needs of youth who are 

7 victims of domestic violence, dating violence, sexual 

8 assault or stalking. 

9 ‘‘(2) TYPES OF PROGRAMS.—Such a program— 

10 ‘‘(A) shall provide direct counseling and ad11 vocacy for teens and young adults, who have ex12 perienced domestic violence, dating violence, sex13 ual assault or stalking; 

14 ‘‘(B) shall include linguistically, culturally, 

15 and community relevant services for racial and 

16 ethnic and other underserved populations or 

17 linkages to existing services in the community 

18 tailored to the needs of racial and ethnic and 

19 other underserved populations; 

20 ‘‘(C) may include mental health services; 

21 ‘‘(D) may include legal advocacy efforts on 

22 behalf of minors and young adults with respect 

23 to domestic violence, dating violence, sexual as24 sault or stalking; 
194 

•HR 3402 RH 

1 ‘‘(E) may work with public officials and 

2 agencies to develop and implement policies, 

3 rules, and procedures in order to reduce or elimi4 nate domestic violence, dating violence, sexual 

5 assault, and stalking against youth and young 

6 adults; and 

7 ‘‘(F) may use not more than 25 percent of 

8 the grant funds to provide additional services 

9 and resources for youth, including childcare, 

10 transportation, educational support, and respite 

11 care. 

12 ‘‘(d) AWARDS BASIS.— 

13 ‘‘(1) GRANTS TO INDIAN TRIBES.—Not less than 

14 10 percent of funds appropriated under this section 

15 in any year shall be available for grants to Indian 

16 Tribes or tribal organizations. 

17 ‘‘(2) ADMINISTRATION.—The Attorney General 

18 shall not use more than 2.5 percent of funds appro19 priated under this section in any year for adminis20 tration, monitoring, and evaluation of grants made 

21 available under this section. 

22 ‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND

23 DATA COLLECTION.—Not less than 5 percent of funds 

24 appropriated under this section in any year shall be 

25 available to provide training, technical assistance, 
195 

•HR 3402 RH 

1 and data collection for programs funded under this 

2 section. 

3 ‘‘(e) TERM.—The Attorney General shall make the 

4 grants under this section for a period of 3 fiscal years. 

5 ‘‘(f) REPORTS.—An entity receiving a grant under this 

6 section shall submit to the Attorney General every 18 

7 months a report of how grant funds have been used. 

8 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section, 

10 $10,000,000 for each of fiscal years 2006 through 2010.’’. 

11 SEC. 702. GRANTS TO COMBAT VIOLENT CRIMES ON CAM12 PUSES. 

13 (a) GRANTS AUTHORIZED.— 

14 (1) IN GENERAL.—The Attorney General is au15 thorized to make grants to institutions of higher edu16 cation, for use by such institutions or consortia con17 sisting of campus personnel, student organizations, 

18 campus administrators, security personnel, and re19 gional crisis centers affiliated with the institution, to 

20 develop and strengthen effective security and inves21 tigation strategies to combat domestic violence, dating 

22 violence, sexual assault, and stalking on campuses, 

23 and to develop and strengthen victim services in cases 

24 involving such crimes against women on campuses, 

25 which may include partnerships with local criminal 
196 

•HR 3402 RH 

1 justice authorities and community-based victim serv2 ices agencies. 

3 (2) AWARD BASIS.—The Attorney General shall 

4 award grants and contracts under this section on a 

5 competitive basis for a period of 3 years. The Attor6 ney General, through the Director of the Office on Vi7 olence Against Women, shall award the grants in 

8 amounts of not more than $500,000 for individual in9 stitutions of higher education and not more than 

10 $1,000,000 for consortia of such institutions. 

11 (3) EQUITABLE PARTICIPATION.—The Attorney 

12 General shall make every effort to ensure— 

13 (A) the equitable participation of private 

14 and public institutions of higher education in 

15 the activities assisted under this section; 

16 (B) the equitable geographic distribution of 

17 grants under this section among the various re18 gions of the United States; and 

19 (C) the equitable distribution of grants 

20 under this section to tribal colleges and univer21 sities and traditionally black colleges and uni22 versities. 

23 (b) USE OF GRANT FUNDS.—Grant funds awarded 

24 under this section may be used for the following purposes: 
197 

•HR 3402 RH 

1 (1) To provide personnel, training, technical as2 sistance, data collection, and other equipment with re3 spect to the increased apprehension, investigation, 

4 and adjudication of persons committing domestic vio5 lence, dating violence, sexual assault, and stalking on 

6 campus. 

7 (2) To train campus administrators, campus se8 curity personnel, and personnel serving on campus 

9 disciplinary or judicial boards to develop and imple10 ment campus policies, protocols, and services that 

11 more effectively identify and respond to the crimes do12 mestic violence, dating violence, sexual assault, and 

13 stalking. Within 90 days after the date of enactment 

14 of this Act, the Attorney General shall issue and make 

15 available minimum standards of training relating to 

16 domestic violence, dating violence, sexual assault, and 

17 stalking on campus, for all campus security personnel 

18 and personnel serving on campus disciplinary or ju19 dicial boards. 

20 (3) To implement and operate education pro21 grams for the prevention of domestic violence, dating 

22 violence, sexual assault and stalking. 

23 (4) To develop, enlarge, or strengthen victim 

24 services programs on the campuses of the institutions 

25 involved, including programs providing legal, med-
198 

•HR 3402 RH 

1 ical, or psychological counseling, for victims of domes2 tic violence, dating violence, sexual assault, and stalk3 ing, and to improve delivery of victim assistance on 

4 campus. To the extent practicable, such an institution 

5 shall collaborate with any entities carrying out non6 profit and other victim services programs, including 

7 domestic violence, dating violence, sexual assault, and 

8 stalking victim services programs in the community 

9 in which the institution is located. If appropriate vic10 tim services programs are not available in the com11 munity or are not accessible to students, the institu12 tion shall, to the extent practicable, provide a victim 

13 services program on campus or create a victim serv14 ices program in collaboration with a community15 based organization. The institution shall use not less 

16 than 20 percent of the funds made available through 

17 the grant for a victim services program provided in 

18 accordance with this paragraph. 

19 (5) To create, disseminate, or otherwise provide 

20 assistance and information about victims’ options on 

21 and off campus to bring disciplinary or other legal 

22 action, including assistance to victims in immigra23 tion matters. 

24 (6) To develop, install, or expand data collection 

25 and communication systems, including computerized 
199 

•HR 3402 RH 

1 systems, linking campus security to the local law en2 forcement for the purpose of identifying and tracking 

3 arrests, protection orders, violations of protection or4 ders, prosecutions, and convictions with respect to the 

5 crimes of domestic violence, dating violence, sexual as6 sault, and stalking on campus. 

7 (7) To provide capital improvements (including 

8 improved lighting and communications facilities but 

9 not including the construction of buildings) on cam10 puses to address the crimes of domestic violence, dat11 ing violence, sexual assault, and stalking. 

12 (8) To support improved coordination among 

13 campus administrators, campus security personnel, 

14 and local law enforcement to reduce domestic violence, 

15 dating violence, sexual assault, and stalking on cam16 pus. 

17 (c) APPLICATIONS.— 

18 (1) IN GENERAL.—In order to be eligible to be 

19 awarded a grant under this section for any fiscal 

20 year, an institution of higher education shall submit 

21 an application to the Attorney General at such time 

22 and in such manner as the Attorney General shall 

23 prescribe. 

24 (2) CONTENTS.—Each application submitted 

25 under paragraph (1) shall— 
200 

•HR 3402 RH 

1 (A) describe the need for grant funds and 

2 the plan for implementation for any of the pur3 poses described in subsection (b); 

4 (B) include proof that the institution of 

5 higher education collaborated with any non-prof6 it, nongovernmental entities carrying out other 

7 victim services programs, including domestic vio8 lence, dating violence, sexual assault, and stalk9 ing victim services programs in the community 

10 in which the institution is located; 

11 (C) describe the characteristics of the popu12 lation being served, including type of campus, 

13 demographics of the population, and number of 

14 students; 

15 (D) provide measurable goals and expected 

16 results from the use of the grant funds; 

17 (E) provide assurances that the Federal 

18 funds made available under this section shall be 

19 used to supplement and, to the extent practical, 

20 increase the level of funds that would, in the ab21 sence of Federal funds, be made available by the 

22 institution for the purposes described in sub23 section (b); and 
201 

•HR 3402 RH 

1 (F) include such other information and as2 surances as the Attorney General reasonably de3 termines to be necessary. 

4 (3) COMPLIANCE WITH CAMPUS CRIME REPORT5 ING REQUIRED.—No institution of higher education 

6 shall be eligible for a grant under this section unless 

7 such institution is in compliance with the require8 ments of section 485(f) of the Higher Education Act 

9 of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of the 

10 total amount of grant funds appropriated under this 

11 section for fiscal years 2006 through 2010 may be 

12 used to provide technical assistance in complying 

13 with the mandatory reporting requirements of section 

14 485(f) of such Act. 

15 (d) GENERAL TERMS AND CONDITIONS.— 

16 (1) NONMONETARY ASSISTANCE.—In addition to 

17 the assistance provided under this section, the Attor18 ney General may request any Federal agency to use 

19 the agency’s authorities and the resources granted to 

20 the agency under Federal law (including personnel, 

21 equipment, supplies, facilities, and managerial, tech22 nical, and advisory services) in support of campus se23 curity, and investigation and victim service efforts. 

24 (2) CONFIDENTIALITY.— 
202 

•HR 3402 RH 

1 (A) NONDISCLOSURE OF CONFIDENTIAL OR

2 PRIVATE INFORMATION.—In order to ensure the 

3 safety of adult and minor victims of domestic vi4 olence, dating violence, sexual assault, or stalk5 ing and their families, grantees and sub-grantees 

6 under this section shall reasonably— 

7 (i) protect the confidentiality and pri8 vacy of persons receiving services under the 

9 grants and subgrants; and 

10 (ii) not disclose and personally identi11 fying information, or individual client in12 formation, collected in connection with serv13 ices requested, utilized, or denied through 

14 programs provided by such grantees and 

15 subgrantees under this section. 

16 (B) CONSENT.—A grantee or subgrantee 

17 under this section shall not reveal personally any 

18 identifying information or individual client in19 formation collected as described in subparagraph 

20 (A) without the informed, written, and reason21 ably time-limited consent of the person (or, in 

22 the case of an unemancipated minor, the minor 

23 and the parent or guardian of the minor) about 

24 whom information is sought, whether for the pro25 gram carried out under this section or any other 
203 

•HR 3402 RH 

1 Federal, State, tribal, or territorial assistance 

2 program. 

3 (C) COMPELLED RELEASE AND NOTICE.—If 

4 a grantee or subgrantee under this section is 

5 compelled by statutory or court mandate to dis6 close information described in subparagraph (A), 

7 the grantee or subgrantee— 

8 (i) shall make reasonable attempts to 

9 provide notice to individuals affected by the 

10 disclosure of information; and 

11 (ii) shall take steps necessary to protect 

12 the privacy and safety of the individual af13 fected by the disclosure. 

14 (D) PERMISSIVE SHARING.—Grantees and 

15 subgrantees under this section may share with 

16 each other, in order to comply with Federal, 

17 State, tribal, or territorial reporting, evaluation, 

18 or data collection requirements— 

19 (i) aggregate data, that is not person20 ally identifying information, regarding 

21 services provided to their clients; and 

22 (ii) demographic information that is 

23 not personally identifying information. 

24 (E) COURT-GENERATED AND LAW ENFORCE25 MENT-GENERATED INFORMATION.—Grantees and 
204 

•HR 3402 RH 

1 subgrantees under this section may share with 

2 each other— 

3 (i) court-generated information con4 tained in secure, governmental registries for 

5 protection order enforcement purposes; and 

6 (ii) law enforcement-generated infor7 mation. 

8 (F) DEFINITION.—As used in this para9 graph, the term ‘‘personally identifying informa10 tion’’ means individually identifying informa11 tion from or about an individual, including— 

12 (i) first and last name; 

13 (ii) home or other physical address, in14 cluding street name and name of city or 

15 town; 

16 (iii) email address or other online con17 tact information, such as an instant-mes18 saging user identifier or a screen name that 

19 reveals an individual’s email address; 

20 (iv) telephone number; 

21 (v) social security number; 

22 (vi) Internet Protocol (‘‘IP’’) address 

23 or host name that identifies an individual; 

24 (vii) persistent identifier, such as a 

25 customer number held in a ‘‘cookie’’ or 
205 

•HR 3402 RH 

1 processor serial number, that is combined 

2 with other available data that identifies an 

3 individual; or 

4 (viii) information that, in combination 

5 with the information in any of the clauses 

6 (i) through (vii), would serve to identify 

7 any individual, including— 

8 (I) grade point average; 

9 (II) date of birth; 

10 (III) academic or occupational 

11 interests; 

12 (IV) athletic or extracurricular 

13 interests; 

14 (V) racial or ethnic background; 

15 or 

16 (VI) religious affiliation. 

17 (3) GRANTEE REPORTING.— 

18 (A) ANNUAL REPORT.—Each institution of 

19 higher education receiving a grant under this 

20 section shall submit a biennial performance re21 port to the Attorney General. The Attorney Gen22 eral shall suspend funding under this section for 

23 an institution of higher education if the institu24 tion fails to submit such a report. 
206 

•HR 3402 RH 

1 (B) FINAL REPORT.—Upon completion of 

2 the grant period under this section, the institu3 tion shall file a performance report with the At4 torney General and the Secretary of Education 

5 explaining the activities carried out under this 

6 section together with an assessment of the effec7 tiveness of those activities in achieving the pur8 poses described in subsection (b). 

9 (4) REPORT TO CONGRESS.—Not later than 180 

10 days after the end of the fiscal year for which grants 

11 are awarded under this section, the Attorney General 

12 shall submit to Congress a report that includes— 

13 (A) the number of grants, and the amount 

14 of funds, distributed under this section; 

15 (B) a summary of the purposes for which 

16 the grants were provided and an evaluation of 

17 the progress made under the grant; 

18 (C) a statistical summary of the persons 

19 served, detailing the nature of victimization, and 

20 providing data on age, sex, race, ethnicity, lan21 guage, disability, relationship to offender, geo22 graphic distribution, and type of campus; and 

23 (D) an evaluation of the effectiveness of pro24 grams funded under this part. 
207 

•HR 3402 RH 

1 (e) AUTHORIZATION OF APPROPRIATIONS.—For the 

2 purpose of carrying out this section, there are authorized 

3 to be appropriated $15,000,000 for each of fiscal years 2006 

4 through 2010. 

5 SEC. 703. SAFE HAVENS. 

6 Section 1301 of the Victims of Trafficking and Violence 

7 Protection Act of 2000 (42 U.S.C. 10420) is amended— 

8 (1) by striking the section heading and inserting 

9 the following: 

10 ‘‘SEC. 1301. SAFE HAVENS FOR CHILDREN.’’; 

11 (2) in subsection (a)— 

12 (A) by inserting ‘‘, through the Director of 

13 the Office on Violence Against Women,’’ after 

14 ‘‘Attorney General’’; 

15 (B) by inserting ‘‘public or nonprofit non16 governmental entities, and to’’ after ‘‘may award 

17 grants to’’; 

18 (C) by inserting ‘‘dating violence,’’ after 

19 ‘‘domestic violence,’’; 

20 (D) by striking ‘‘to provide’’ and inserting 

21 the following: 

22 ‘‘(1) to provide’’; 

23 (E) by striking the period at the end and 

24 inserting a semicolon; and 

25 (F) by adding at the end the following: 
208 

•HR 3402 RH 

1 ‘‘(2) to protect children from the trauma of wit2 nessing domestic or dating violence or experiencing 

3 abduction, injury, or death during parent and child 

4 visitation exchanges; 

5 ‘‘(3) to protect parents or caretakers who are vic6 tims of domestic and dating violence from experi7 encing further violence, abuse, and threats during 

8 child visitation exchanges; and 

9 ‘‘(4) to protect children from the trauma of expe10 riencing sexual assault or other forms of physical as11 sault or abuse during parent and child visitation and 

12 visitation exchanges.’’; and 

13 (3) by striking subsection (e) and inserting the 

14 following: 

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

16 ‘‘(1) IN GENERAL.—There is authorized to be ap17 propriated to carry out this section, $20,000,000 for 

18 each of fiscal years 2006 through 2010. Funds appro19 priated under this section shall remain available 

20 until expended. 

21 ‘‘(2) USE OF FUNDS.—Of the amounts appro22 priated to carry out this section for each fiscal year, 

23 the Attorney General shall— 
209 

•HR 3402 RH 

1 ‘‘(A) set aside not less than 5 percent for 

2 grants to Indian tribal governments or tribal or3 ganizations; 

4 ‘‘(B) use not more than 3 percent for eval5 uation, monitoring, site visits, grantee con6 ferences, and other administrative costs associ7 ated with conducting activities under this sec8 tion; and 

9 ‘‘(C) set aside not more than 8 percent for 

10 training, technical assistance, and data collec11 tion to be provided by organizations having na12 tionally recognized expertise in the design of safe 

13 and secure supervised visitation programs and 

14 visitation exchange of children in situations in15 volving domestic violence, dating violence, sexual 

16 assault, or stalking.’’. 

17 SEC. 704. GRANTS TO COMBAT DOMESTIC VIOLENCE, DAT18 ING VIOLENCE, SEXUAL ASSAULT, AND 

19 STALKING IN MIDDLE AND HIGH SCHOOLS. 

20 (a) SHORT TITLE.—This section may be cited as the 

21 ‘‘Supporting Teens through Education and Protection Act 

22 of 2005’’ or the ‘‘STEP Act’’. 

23 (b) GRANTS AUTHORIZED.—The Attorney General, 

24 through the Director of the Office on Violence Against 

25 Women, is authorized to award grants to middle schools 
210 

•HR 3402 RH 

1 and high schools that work with domestic violence and sex2 ual assault experts to enable the schools— 

3 (1) to provide training to school administrators, 

4 faculty, counselors, coaches, healthcare providers, se5 curity personnel, and other staff on the needs and 

6 concerns of students who experience domestic violence, 

7 dating violence, sexual assault, or stalking, and the 

8 impact of such violence on students; 

9 (2) to develop and implement policies in middle 

10 and high schools regarding appropriate, safe responses 

11 to, and identification and referral procedures for, stu12 dents who are experiencing or perpetrating domestic 

13 violence, dating violence, sexual assault, or stalking, 

14 including procedures for handling the requirements of 

15 court protective orders issued to or against students 

16 or school personnel, in a manner that ensures the 

17 safety of the victim and holds the perpetrator account18 able; 

19 (3) to provide support services for students and 

20 school personnel, such as a resource person who is ei21 ther on-site or on-call, and who is an expert described 

22 in subsections (i)(2) and (i)(3), for the purpose of de23 veloping and strengthening effective prevention and 

24 intervention strategies for students and school per-
211 

•HR 3402 RH 

1 sonnel experiencing domestic violence, dating violence, 

2 sexual assault or stalking; 

3 (4) to provide developmentally appropriate edu4 cational programming to students regarding domestic 

5 violence, dating violence, sexual assault, and stalking, 

6 and the impact of experiencing domestic violence, dat7 ing violence, sexual assault, and stalking on children 

8 and youth by adapting existing curricula activities to 

9 the relevant student population; 

10 (5) to work with existing mentoring programs 

11 and develop strong mentoring programs for students, 

12 including student athletes, to help them understand 

13 and recognize violence and violent behavior, how to 

14 prevent it and how to appropriately address their 

15 feelings; and 

16 (6) to conduct evaluations to assess the impact of 

17 programs and policies assisted under this section in 

18 order to enhance the development of the programs. 

19 (c) AWARD BASIS.—The Director shall award grants 

20 and contracts under this section on a competitive basis. 

21 (d) POLICY DISSEMINATION.—The Director shall dis22 seminate to middle and high schools any existing Depart23 ment of Justice, Department of Health and Human Serv24 ices, and Department of Education policy guidance and 

25 curricula regarding the prevention of domestic violence, 
212 

•HR 3402 RH 

1 dating violence, sexual assault, and stalking, and the im2 pact of the violence on children and youth. 

3 (e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

4 INFORMATION.—In order to ensure the safety of adult, 

5 youth, and minor victims of domestic violence, dating vio6 lence, sexual assault, or stalking and their families, grantees 

7 and subgrantees shall protect the confidentiality and pri8 vacy of persons receiving services. Grantees and subgrantees 

9 pursuant to this section shall not disclose any personally 

10 identifying information or individual information collected 

11 in connection with services requested, utilized, or denied 

12 through grantees’ and subgrantees’ programs. Grantees and 

13 subgrantees shall not reveal individual client information 

14 without the informed, written, reasonably time-limited con15 sent of the person (or in the case of unemancipated minor, 

16 the minor and the parent or guardian) about whom infor17 mation is sought, whether for this program or any other 

18 Tribal, Federal, State or Territorial grant program. If re19 lease of such information is compelled by statutory or court 

20 mandate, grantees and subgrantees shall make reasonable 

21 attempts to provide notice to victims affected by the disclo22 sure of information. If such personally identifying informa23 tion is or will be revealed, grantees and subgrantees shall 

24 take steps necessary to protect the privacy and safety of the 

25 persons affected by the release of the information. Grantees 
213 

•HR 3402 RH 

1 may share non-personally identifying data in the aggregate 

2 regarding services to their clients and non-personally iden3 tifying demographic information in order to comply with 

4 Tribal, Federal, State or Territorial reporting, evaluation, 

5 or data collection requirements. Grantees and subgrantees 

6 may share court-generated information contained in secure, 

7 governmental registries for protection order enforcement 

8 purposes. 

9 (f) GRANT TERM AND ALLOCATION.— 

10 (1) TERM.—The Director shall make the grants 

11 under this section for a period of 3 fiscal years. 

12 (2) ALLOCATION.—Not more than 15 percent of 

13 the funds available to a grantee in a given year shall 

14 be used for the purposes described in subsection 

15 (b)(4)(D), (b),(5), and (b)(6). 

16 (g) DISTRIBUTION.— 

17 (1) IN GENERAL.—Not less than 5 percent of 

18 funds appropriated under subsection (l) in any year 

19 shall be available for grants to tribal schools, schools 

20 on tribal lands or schools whose student population is 

21 more than 25 percent native American. 

22 (2) ADMINISTRATION.—The Director shall not 

23 use more than 5 percent of funds appropriated under 

24 subsection (l) in any year for administration, moni-
214 

•HR 3402 RH 

1 toring and evaluation of grants made available under 

2 this section. 

3 (3) TRAINING, TECHNICAL ASSISTANCE, AND

4 DATA COLLECTION.—Not less than 5 percent of funds 

5 appropriated under subsection (l) in any year shall 

6 be available to provide training, technical assistance, 

7 and data collection for programs funded under this 

8 section. 

9 (h) APPLICATION.—To be eligible to be awarded a 

10 grant or contract under this section for any fiscal year, a 

11 middle or secondary school, in consultation with an expert 

12 as described in subsections (i)(2) and (i)(3), shall submit 

13 an application to the Director at such time and in such 

14 manner as the Director shall prescribe. 

15 (i) ELIGIBLE ENTITIES.—To be eligible to receive a 

16 grant under this section, an entity shall be a partnership 

17 that— 

18 (1) shall include a public, charter, tribal, or na19 tionally accredited private middle or high school, a 

20 school administered by the Department of Defense 

21 under 10 U.S.C. 2164 or 20 U.S.C. 921, a group of 

22 schools, or a school district; 

23 (2) shall include a domestic violence victim serv24 ice provider that has a history of working on domestic 
215 

•HR 3402 RH 

1 violence and the impact that domestic violence and 

2 dating violence have on children and youth; 

3 (3) shall include a sexual assault victim service 

4 provider, such as a rape crisis center, program serv5 ing tribal victims of sexual assault, or coalition or 

6 other nonprofit nongovernmental organization car7 rying out a community-based sexual assault program, 

8 that has a history of effective work concerning sexual 

9 assault and the impact that sexual assault has on 

10 children and youth; and 

11 (4) may include a law enforcement agency, the 

12 State, Tribal, Territorial or local court, nonprofit 

13 nongovernmental organizations and service providers 

14 addressing sexual harassment, bullying or gang-re15 lated violence in schools, and any other such agencies 

16 or nonprofit nongovernmental organizations with the 

17 capacity to provide effective assistance to the adult, 

18 youth, and minor victims served by the partnership. 

19 (j) PRIORITY.—In awarding grants under this section, 

20 the Director shall give priority to entities that have sub21 mitted applications in partnership with relevant courts or 

22 law enforcement agencies. 

23 (k) REPORTING AND DISSEMINATION OF INFORMA24 TION.— 
216 

•HR 3402 RH 

1 (1) REPORTING.—Each of the entities that are 

2 members of the applicant partnership described in 

3 subsection (i), that receive a grant under this section 

4 shall jointly prepare and submit to the Director every 

5 18 months a report detailing the activities that the 

6 entities have undertaken under the grant and such 

7 additional information as the Director shall require. 

8 (2) DISSEMINATION OF INFORMATION.—Within 9 

9 months of the completion of the first full grant cycle, 

10 the Director shall publicly disseminate, including 

11 through electronic means, model policies and proce12 dures developed and implemented in middle and high 

13 schools by the grantees, including information on the 

14 impact the policies have had on their respective 

15 schools and communities. 

16 (l) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There is authorized to be ap18 propriated to carry out this section, $5,000,000 for 

19 each of fiscal years 2006 through 2010. 

20 (2) AVAILABILITY.—Funds appropriated under 

21 paragraph (1) shall remain available until expended. 
217 

•HR 3402 RH 

1 TITLE VIII—STRENGTHENING 

2 AMERICA’S FAMILIES BY PRE3 VENTING VIOLENCE IN THE 

4 HOME 

5 SEC. 801. PREVENTING VIOLENCE IN THE HOME. 

6 The Violence Against Women Act of 1994 is amended 

7 by adding after subtitle L (as added by section 701) the 

8 following: 

9 ‘‘Subtitle M—Strengthening Amer10 ica’s Families by Preventing Vio11 lence in the Home 

12 ‘‘SEC. 41301. PURPOSE. 

13 ‘‘The purpose of this subtitle is to— 

14 ‘‘(1) prevent crimes involving domestic violence, 

15 dating violence, sexual assault, and stalking, includ16 ing when committed against children and youth; 

17 ‘‘(2) increase the resources and services available 

18 to prevent domestic violence, dating violence, sexual 

19 assault, and stalking, including when committed 

20 against children and youth; 

21 ‘‘(3) reduce the impact of exposure to violence in 

22 the lives of children and youth so that the 

23 intergenerational cycle of violence is interrupted; 

24 ‘‘(4) develop and implement education and serv25 ices programs to prevent children in vulnerable fami-
218 

•HR 3402 RH 

1 lies from becoming victims or perpetrators of domestic 

2 violence, dating violence, sexual assault, or stalking; 

3 ‘‘(5) promote programs to ensure that children 

4 and youth receive the assistance they need to end the 

5 cycle of violence and develop mutually respectful, non6 violent relationships; and 

7 ‘‘(6) encourage collaboration among community8 based organizations and governmental agencies serv9 ing children and youth, providers of health and men10 tal health services and providers of domestic violence, 

11 dating violence, sexual assault, and stalking victim 

12 services to prevent violence. 

13 ‘‘SEC. 41302. GRANTS TO ASSIST CHILDREN AND YOUTH EX14 POSED TO VIOLENCE. 

15 ‘‘(a) GRANTS AUTHORIZED.— 

16 ‘‘(1) IN GENERAL.—The Attorney General, acting 

17 through the Director of the Office on Violence Against 

18 Women, and in consultation with the Secretary of 

19 Health and Human Services, is authorized to award 

20 grants on a competitive basis to eligible entities for 

21 the purpose of mitigating the effects of domestic vio22 lence, dating violence, sexual assault, and stalking on 

23 children exposed to such violence, and reducing the 

24 risk of future victimization or perpetration of domes-
219 

•HR 3402 RH 

1 tic violence, dating violence, sexual assault, and stalk2 ing. 

3 ‘‘(2) TERM.—The Director shall make grants 

4 under this section for a period of 3 fiscal years. 

5 ‘‘(3) AWARD BASIS.—The Director shall award 

6 grants— 

7 ‘‘(A) considering the needs of racial and 

8 ethnic and other underserved populations, as de9 fined in section 2000B of the Omnibus Crime 

10 Control and Safe Streets Act of 1968; 

11 ‘‘(B) awarding not less than 10 percent of 

12 such amounts for the funding of tribal projects 

13 from the amounts made available under this sec14 tion for a fiscal year; 

15 ‘‘(C) awarding up to 8 percent for the fund16 ing of training, technical assistance, and data 

17 collection programs from the amounts made 

18 available under this section for a fiscal year; and 

19 ‘‘(D) awarding not less than 66 percent to 

20 programs described in subsection (c)(1) from the 

21 amounts made available under this section for a 

22 fiscal year. 

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $15,000,000 for each of fiscal years 2006 through 2010. 
220 

•HR 3402 RH 

1 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

2 this section shall be used for— 

3 ‘‘(1) programs that provide services for children 

4 exposed to domestic violence, dating violence, sexual 

5 assault, or stalking, which may include direct coun6 seling, advocacy, or mentoring, and must include sup7 port for the nonabusing parent or the child’s care8 taker; 

9 ‘‘(2) training and coordination for programs 

10 that serve children and youth (such as Head Start, 

11 child care, and after-school programs) on how to safe12 ly and confidentially identify children and families 

13 experiencing domestic violence and properly refer 

14 them to programs that can provide direct services to 

15 the family and children, and coordination with other 

16 domestic violence or other programs serving children 

17 exposed to domestic violence, dating violence, sexual 

18 assault, or stalking that can provide the training and 

19 direct services referenced in this subsection; or 

20 ‘‘(3) advocacy within the systems that serve chil21 dren to improve the system’s understanding of and re22 sponse to children who have been exposed to domestic 

23 violence and the needs of the nonabusing parent. 

24 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive a 

25 grant under this section, an entity shall be— 
221 

•HR 3402 RH 

1 ‘‘(1) a victim service provider, tribal nonprofit 

2 organization or community-based organization that 

3 has a documented history of effective work concerning 

4 children or youth exposed to domestic violence, dating 

5 violence, sexual assault, or stalking, including pro6 grams that provide culturally specific services, Head 

7 Start, child care, after school programs, and health 

8 and mental health providers; or 

9 ‘‘(2) a State, territorial, tribal, or local unit of 

10 government agency that is partnered with an organi11 zation described in paragraph (1). 

12 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

13 an entity shall— 

14 ‘‘(1) prepare and submit to the Director an ap15 plication at such time, in such manner, and con16 taining such information as the Director may re17 quire; and 

18 ‘‘(2) at a minimum, describe in the application 

19 the policies and procedures that the entity has or will 

20 adopt to— 

21 ‘‘(A) enhance or ensure the safety and secu22 rity of children who have been exposed to vio23 lence and their nonabusing parent, enhance or 

24 ensure the safety and security of children and 

25 their nonabusing parent in homes already expe-
222 

•HR 3402 RH 

1 riencing domestic violence, dating violence, sex2 ual assault, or stalking; and 

3 ‘‘(B) ensure linguistically, culturally, and 

4 community relevant services for racial and eth5 nic and other underserved populations. 

6 ‘‘(f) REPORTS.—An entity receiving a grant under this 

7 section shall prepare and submit to the Director every 18 

8 months a report detailing the activities undertaken with 

9 grant funds, providing additional information as the Direc10 tor shall require. 

11 ‘‘SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, 

12 AND YOUTH TO PREVENT DOMESTIC VIO13 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

14 AND STALKING. 

15 ‘‘(a) GRANTS AUTHORIZED.— 

16 ‘‘(1) IN GENERAL.—The Attorney General, acting 

17 through the Director of the Office on Violence Against 

18 Women, and in collaboration with the Secretary of 

19 Health and Human Services, shall award grants on 

20 a competitive basis to eligible entities for the purpose 

21 of developing or enhancing programs related to build22 ing alliances among men, women, and youth to pre23 vent domestic violence, dating violence, sexual assault, 

24 and stalking by helping them to develop mutually re25 spectful, nonviolent relationships. 
223 

•HR 3402 RH 

1 ‘‘(2) TERM.—The Director shall make grants 

2 under this section for a period of 3 fiscal years. 

3 ‘‘(3) AWARD BASIS.—The Director shall award 

4 grants— 

5 ‘‘(A) considering the needs of racial and 

6 ethnic and other underserved populations (as de7 fined in section 2000B of the Omnibus Crime 

8 Control and Safe Streets Act of 1968); 

9 ‘‘(B) with respect to gender-specific pro10 grams described under subsection (c)(1)(A), en11 suring reasonable distribution of funds to pro12 grams for boys and programs for girls; 

13 ‘‘(C) awarding not less than 10 percent of 

14 such amounts for the funding of tribal projects 

15 from the amounts made available under this sec16 tion for a fiscal year; and 

17 ‘‘(D) awarding up to 8 percent for the fund18 ing of training, technical assistance, and data 

19 collection for grantees and non-grantees working 

20 in this area and evaluation programs from the 

21 amounts made available under this section for a 

22 fiscal year. 

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $10,000,000 for each of fiscal years 2006 through 2010. 
224 

•HR 3402 RH 

1 ‘‘(c) USE OF FUNDS.— 

2 ‘‘(1) PROGRAMS.—The funds appropriated under 

3 this section shall be used by eligible entities for— 

4 ‘‘(A) public education and community 

5 based programs, including gender-specific pro6 grams in accordance with applicable laws— 

7 ‘‘(i) to encourage children and youth to 

8 pursue only mutually respectful, nonviolent 

9 relationships and empower them to reduce 

10 their risk of becoming victims or perpetra11 tors of domestic violence, dating violence, 

12 sexual assault, or stalking; and 

13 ‘‘(ii) that include at a minimum— 

14 ‘‘(I) information on domestic vio15 lence, dating violence, sexual assault, 

16 stalking, or child sexual abuse and how 

17 they affect children and youth; and 

18 ‘‘(II) strategies to help partici19 pants be as safe as possible; or 

20 ‘‘(B) public education campaigns and com21 munity organizing to encourage men and boys to 

22 work as allies with women and girls to prevent 

23 domestic violence, dating violence, stalking, and 

24 sexual assault conducted by entities that have ex25 perience in conducting public education cam-
225 

•HR 3402 RH 

1 paigns that address domestic violence, dating vi2 olence, sexual assault, or stalking. 

3 ‘‘(2) MEDIA LIMITS.—No more than 25 percent 

4 of funds received by a grantee under this section may 

5 be used to create and distribute media materials. 

6 ‘‘(d) ELIGIBLE ENTITIES.— 

7 ‘‘(1) RELATIONSHIPS.—Eligible entities under 

8 subsection (c)(1)(A) are— 

9 ‘‘(A) nonprofit, nongovernmental domestic 

10 violence, dating violence, sexual assault, or stalk11 ing victim service providers or coalitions; 

12 ‘‘(B) community-based child or youth serv13 ices organizations with demonstrated experience 

14 and expertise in addressing the needs and con15 cerns of young people; 

16 ‘‘(C) a State, territorial, tribal, or unit of 

17 local governmental entity that is partnered with 

18 an organization described in subparagraph (A) 

19 or (B); or 

20 ‘‘(D) a program that provides culturally 

21 specific services. 

22 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities 

23 under subsection (c)(1)(B) are— 

24 ‘‘(A) nonprofit, nongovernmental organiza25 tions or coalitions that have a documented his-
226 

•HR 3402 RH 

1 tory of creating and administering effective pub2 lic education campaigns addressing the preven3 tion of domestic violence, dating violence, sexual 

4 assault or stalking; or 

5 ‘‘(B) a State, territorial, tribal, or unit of 

6 local governmental entity that is partnered with 

7 an organization described in subparagraph (A). 

8 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

9 an entity shall— 

10 ‘‘(1) prepare and submit to the Director an ap11 plication at such time, in such manner, and con12 taining such information as the Director may re13 quire; and 

14 ‘‘(2) for a grant under subsection (c)(1)(A), de15 scribe in the application the policies and procedures 

16 that the entity has or will adopt to— 

17 ‘‘(A) enhance or ensure the safety and secu18 rity of children and youth already experiencing 

19 domestic violence, dating violence, sexual assault, 

20 or stalking in their lives; 

21 ‘‘(B) provide, where appropriate, linguis22 tically, culturally, and community relevant serv23 ices for racial and ethnic and other underserved 

24 populations; 
227 

•HR 3402 RH 

1 ‘‘(C) inform participants about laws, serv2 ices, and resources in the community, and make 

3 referrals as appropriate; and 

4 ‘‘(D) ensure that State and local domestic 

5 violence, dating violence, sexual assault, and 

6 stalking victim service providers and coalitions 

7 are aware of the efforts of organizations receiving 

8 grants under this section. 

9 ‘‘(f) REPORTS.—An entity receiving a grant under this 

10 section shall prepare and submit to the Director every 18 

11 months a report detailing the activities undertaken with 

12 grant funds, including an evaluation of funded programs 

13 and providing additional information as the Director shall 

14 require. 

15 ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT 

16 PROGRAMS FOR HOME VISITATION 

17 PROJECTS. 

18 ‘‘(a) GRANTS AUTHORIZED.— 

19 ‘‘(1) IN GENERAL.—The Attorney General, acting 

20 through the Director of the Office on Violence Against 

21 Women, shall award grants on a competitive basis to 

22 home visitation programs, in collaboration with law 

23 enforcement, victim service providers, for the purposes 

24 of developing and implementing model policies and 

25 procedures to train home visitation service providers 
228 

•HR 3402 RH 

1 on addressing domestic violence, dating violence, sex2 ual assault, and stalking in families experiencing vio3 lence, or at risk of violence, to reduce the impact of 

4 that violence on children, maintain safety, improve 

5 parenting skills, and break intergenerational cycles of 

6 violence. 

7 ‘‘(2) TERM.—The Director shall make the grants 

8 under this section for a period of 2 fiscal years. 

9 ‘‘(3) AWARD BASIS.—The Director shall— 

10 ‘‘(A) consider the needs of underserved pop11 ulations; 

12 ‘‘(B) award not less than 7 percent of such 

13 amounts for the funding of tribal projects from 

14 the amounts made available under this section 

15 for a fiscal year; and 

16 ‘‘(C) award up to 8 percent for the funding 

17 of technical assistance programs from the 

18 amounts made available under this section for a 

19 fiscal year. 

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $5,000,000 for each of fiscal years 2006 through 2010. 

23 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a 

24 grant under this section, an entity shall be a national, Fed25 eral, State, local, territorial, or tribal— 
229 

•HR 3402 RH 

1 ‘‘(1) home visitation program that provides serv2 ices to pregnant women and to young children and 

3 their parent or primary caregiver that are provided 

4 in the permanent or temporary residence or in other 

5 familiar surroundings of the individual or family re6 ceiving such services; or 

7 ‘‘(2) victim services organization or agency in 

8 collaboration with an organization or organizations 

9 listed in paragraph (1). 

10 ‘‘(d) GRANTEE REQUIREMENTS.—Under this section, 

11 an entity shall— 

12 ‘‘(1) prepare and submit to the Director an ap13 plication at such time, in such manner, and con14 taining such information as the Director may re15 quire; and 

16 ‘‘(2) describe in the application the policies and 

17 procedures that the entity has or will adopt to— 

18 ‘‘(A) enhance or ensure the safety and secu19 rity of children and their nonabusing parent in 

20 homes already experiencing domestic violence, 

21 dating violence, sexual assault, or stalking; 

22 ‘‘(B) ensure linguistically, culturally, and 

23 community relevant services for racial ethnic 

24 and other underserved communities; 
230 

•HR 3402 RH 

1 ‘‘(C) ensure the adequate training by do2 mestic violence, dating violence, sexual assault or 

3 stalking victim service providers of home visita4 tion grantee program staff to— 

5 ‘‘(i) safely screen for or recognize (or 

6 both) domestic violence, dating violence, sex7 ual assault, and stalking; 

8 ‘‘(ii) understand the impact of domes9 tic violence or sexual assault on children 

10 and protective actions taken by a non11 abusing parent or caretaker in response to 

12 violence against anyone in the household; 

13 and 

14 ‘‘(iii) link new parents with existing 

15 community resources in communities where 

16 resources exist; and 

17 ‘‘(D) ensure that relevant State and local 

18 domestic violence, dating violence, sexual assault, 

19 and stalking victim service providers and coali20 tions are aware of the efforts of organizations re21 ceiving grants under this section, and are in22 cluded as training partners, where possible.’’. 
231 

•HR 3402 RH 

1 TITLE IX—PROTECTION FOR IM2 MIGRANT VICTIMS OF VIO3 LENCE 

4 SEC. 900. SHORT TITLE; REFERENCES TO VAWA–2000; REGU5 LATIONS. 

6 (a) SHORT TITLE.—This title may be cited as ‘‘Immi7 grant Victims of Violence Protection Act of 2005’’. 

8 (b) REFERENCES TO VAWA–2000.—In this title, the 

9 term ‘‘VAWA–2000’’ means the Violence Against Women 

10 Act of 2000 (division B of Public Law 106–386). 

11 (c) REGULATIONS.—Not later than 180 days after the 

12 date of the enactment of this Act, the Attorney General, the 

13 Secretary of Homeland Security, and Secretary of State 

14 shall promulgate regulations to implement the provisions 

15 contained in the Battered Immigrant Women Protection 

16 Act of 2000 (title V of VAWA–2000) and the amendments 

17 made by (and the provisions of) this title. In applying such 

18 regulations, in the case of petitions, applications, or certifi19 cations filed on or before the effective date of publication 

20 of such regulations for relief covered by such regulations, 

21 there shall be no requirement to submit an additional peti22 tion, application, or certification and any priority or simi23 lar date with respect to such a petition or application shall 

24 relate back to the date of the filing of the petition or appli25 cation. 
232 

•HR 3402 RH 

1 Subtitle A—Victims of Crime 

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

3 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC4 TIMS OF TRAFFICKING.—Clause (ii) of section 

5 101(a)(15)(T) of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(15)(T)) is amended to read as follows: 

7 ‘‘(ii) if accompanying, or following to join, 

8 the alien described in clause (i)— 

9 ‘‘(I) in the case of an alien so described 

10 who is under 21 years of age, the spouse, 

11 children, unmarried siblings under 18 years 

12 of age on the date on which such alien ap13 plied for status under such clause, and par14 ents of such alien; or 

15 ‘‘(II) in the case of an alien described 

16 in clause (i) who is 21 years of age or older, 

17 the spouse and children of such alien;’’. 

18 (b) DURATION OF U AND T VISAS.— 

19 (1) U VISAS.—Section 214(p) of such Act (8 

20 U.S.C. 1184(p)) is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(6) DURATION OF STATUS.—The authorized pe23 riod of status of an alien as a nonimmigrant under 

24 section 101(a)(15)(U) shall be 4 years, but— 
233 

•HR 3402 RH 

1 ‘‘(A) shall be extended on a year-by-year 

2 basis upon certification from a Federal, State or 

3 local law enforcement official, prosecutor, judge, 

4 or other Federal, State or local authority inves5 tigating or prosecuting criminal activity de6 scribed in section 101(a)(15)(U)(iii) that the 

7 alien’s ongoing presence in the United States is 

8 required to assist in the investigation or prosecu9 tion of such criminal activity; and 

10 ‘‘(B) shall be extended if the alien files an 

11 application for adjustment of status under sec12 tion 245(m), until final adjudication of such ap13 plication.’’. 

14 (2) T VISAS.—Section 214(o) of such Act (8 

15 U.S.C. 1184(o)), as redesignated by section 8(a)(3) of 

16 the Trafficking Victims Protection Reauthorization 

17 Act of 2003 (Public Law 108–193), is amended by 

18 adding at the end the following: 

19 ‘‘(7) The authorized period of status of an alien as a 

20 nonimmigrant status under section 101(a)(15)(T) shall be 

21 4 years, but— 

22 ‘‘(A) shall be extended on a year-by-year basis 

23 upon certification from a Federal, State or local law 

24 enforcement official, prosecutor, judge, or other Fed25 eral, State or local authority investigating or pros-
234 

•HR 3402 RH 

1 ecuting criminal activity relating to human traf2 ficking that the alien’s ongoing presence in the United 

3 States is required to assist in the investigation or 

4 prosecution of such criminal activity; and 

5 ‘‘(B) shall be extended if the alien files an appli6 cation for adjustment of status under section 245(l), 

7 until final adjudication of such application.’’. 

8 (c) PERMITTING CHANGE OF NONIMMIGRANT STATUS

9 TO U AND T NONIMMIGRANT STATUS.— 

10 (1) IN GENERAL.—Section 248 of such Act (8 

11 U.S.C. 1258) is amended— 

12 (A) by striking ‘‘The Attorney General’’ and 

13 inserting ‘‘(a) The Secretary of Homeland Secu14 rity’’; 

15 (B) by inserting ‘‘(subject to subsection 

16 (b))’’ after ‘‘except’’; and 

17 (C) by adding at the end the following new 

18 subsection: 

19 ‘‘(b) The limitation based on inadmissibility under 

20 section 212(a)(9)(B) and the exceptions specified in num21 bered paragraphs of subsection (a) shall not apply to a 

22 change of nonimmigrant classification to that of a non23 immigrant under subparagraph (T) or (U) of section 

24 101(a)(15), other than from such classification under sub25 paragraph (C) or (D) of such section.’’. 
235 

•HR 3402 RH 

1 (2) CONFORMING AMENDMENT.—Section 

2 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 

3 amended by striking ‘‘248(2)’’ and inserting 

4 ‘‘248(a)(2)’’. 

5 (d) CERTIFICATION PROCESS FOR VICTIMS OF TRAF6 FICKING.— 

7 (1) VICTIM ASSISTANCE IN INVESTIGATION OR

8 PROSECUTION.—Section 107(b)(1)(E) of the Traf9 ficking Victims Protection Act of 2000 (division A of 

10 Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) is 

11 amended— 

12 (A) in clause (i)(I), by striking ‘‘investiga13 tion and prosecution’’ and inserting ‘‘investiga14 tion or prosecution, by the United States or a 

15 State or local government’’; and 

16 (B) in clause (iii)— 

17 (i) by striking ‘‘INVESTIGATION AND

18 PROSECUTION’’ and ‘‘investigation and 

19 prosecution’’ and inserting ‘‘INVESTIGATION

20 OR PROSECUTION’’ and ‘‘investigation or 

21 prosecution’’, respectively; 

22 (ii) in subclause (II), by striking 

23 ‘‘and’’ at the end; 

24 (iii) in subclause (III), by striking the 

25 period and inserting ‘‘; or’’; and 
236 

•HR 3402 RH 

1 (iv) by adding at the end the following 

2 new subclause: 

3 ‘‘(IV) responding to and cooper4 ating with requests for evidence and 

5 information.’’. 

6 (2) CLARIFYING ROLES OF ATTORNEY GENERAL

7 AND SECRETARY OF HOMELAND SECURITY.— 

8 (A) Section 107 of the Trafficking Victims 

9 Protection Act of 2000 (division A of Public Law 

10 106–386; 22 U.S.C. 7105) is amended— 

11 (i) in subsections (b)(1)(E)(i)(II)(bb), 

12 (b)(1)(E)(ii), (e)(5), and (g), by striking 

13 ‘‘Attorney General’’ and inserting ‘‘Sec14 retary of Homeland Security’’ each place it 

15 appears; and 

16 (ii) in subsection (c), by inserting ‘‘, 

17 Secretary of Homeland Security,’’ after 

18 ‘‘Attorney General’’. 

19 (B) Section 101(a)(15)(T) of the Immigra20 tion and Nationality Act (8 U.S.C. 

21 1101(a)(15)(T)) is amended by striking ‘‘Attor22 ney General’’ and inserting ‘‘Secretary of Home23 land Security’’ each place it appears. 
237 

•HR 3402 RH 

1 (C) Section 212(d)(13) of the Immigration 

2 and Nationality Act (8 U.S.C. 1182(d)(13)) is 

3 amended— 

4 (i) in subparagraph (A), by striking 

5 ‘‘Attorney General’’ and inserting ‘‘Sec6 retary of Homeland Security’’; 

7 (ii) in subparagraph (B), by striking 

8 ‘‘Attorney General’’ the first place it ap9 pears and inserting ‘‘Secretary of Home10 land Security’’; and 

11 (iii) in subparagraph (B), by striking 

12 ‘‘Attorney General, in the Attorney Gen13 eral’s discretion’’ and inserting ‘‘Secretary, 

14 in the Secretary’s discretion’’. 

15 (D) Section 101(i) of the Immigration and 

16 Nationality Act (8 U.S.C. 1101(i)) is amended— 

17 (i) in paragraph (1), by striking ‘‘At18 torney General’’ and inserting ‘‘Secretary of 

19 Homeland Security, the Attorney General,’’; 

20 and 

21 (ii) in paragraph (2), by striking ‘‘At22 torney General’’ and inserting ‘‘Secretary of 

23 Homeland Security’’. 

24 (E) Section 245(l) of the Immigration and 

25 Nationality Act (8 U.S.C. 1255(l)) is amended— 
238 

•HR 3402 RH 

1 (i) by striking ‘‘Attorney General’’ and 

2 inserting ‘‘Secretary of Homeland Security’’ 

3 the first place it appears in paragraphs (1) 

4 and (2) and in paragraph (5); 

5 (ii) by striking ‘‘Attorney General’’ 

6 and inserting ‘‘Secretary’’ the second place 

7 it appears in paragraphs (1) and (2); and 

8 (iii) in paragraph (2), by striking ‘‘At9 torney General’s’’ and inserting ‘‘Sec10 retary’s’’. 

11 (3) REQUEST BY STATE AND LOCAL LAW EN12 FORCEMENT OFFICIALS.—Section 107(c)(3) of the 

13 Trafficking Victims Protection Act of 2000 (division 

14 A of Public Law 106–386; 22 U.S.C. 7105(c)(3)) is 

15 amended by adding at the end the following: ‘‘State 

16 or local law enforcement officials may request that 

17 such Federal law enforcement officials permit the con18 tinued presence of trafficking victims. If such a re19 quest contains a certification that a trafficking victim 

20 is a victim of a severe form of trafficking, such Fed21 eral law enforcement officials may permit the contin22 ued presence of the trafficking victim in accordance 

23 with this paragraph.’’. 

24 (e) EFFECTIVE DATES.— 
239 

•HR 3402 RH 

1 (1) IN GENERAL.—The amendments made by 

2 subsections (a), (b)(1), (c), and (d)(3) shall take effect 

3 on the date of the enactment of this Act. 

4 (2) TRANSITION FOR DURATION OF T VISAS.—In 

5 the case of an alien who is classified as a non6 immigrant under section 101(a)(15)(T) of the Immi7 gration and Nationality Act (8 U.S.C. 

8 1101(a)(15)(T)) before the the date of implementation 

9 of the amendment made by subsection (b)(2) and 

10 whose period of authorized stay was less than 4 years, 

11 the authorized period of status of the alien as such a 

12 nonimmigrant shall be extended to be 4 years and 

13 shall be further extended on a year-by-year basis as 

14 provided in section 214(o)(7) of such Act, as added by 

15 such amendment. 

16 (3) CERTIFICATION PROCESS.—(A) The amend17 ments made by subsection (d)(1) shall be effective as 

18 if included in the enactment of VAWA–2000. 

19 (B) The amendments made by subsection (d)(2) 

20 shall be effective as of the applicable date of transfer 

21 of authority from the Attorney General to the Sec22 retary of Homeland Security under the Homeland Se23 curity Act of 2002 (Public Law 107–296). 
240 

•HR 3402 RH 

1 SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER 

2 HARDSHIP WAIVERS FOR CONDITIONAL PER3 MANENT RESIDENCE. 

4 (a) IN GENERAL.—Section 216(c)(4) of the Immigra5 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend6 ed by adding at the end the following: ‘‘An application for 

7 relief under this paragraph may be based on one or more 

8 grounds specified in subparagraphs (A) through (D) and 

9 may be amended at any time to change the ground or 

10 grounds for such relief without the application being resub11 mitted.’’. 

12 (b) APPEALS.—Such section is further amended by 

13 adding at the end the following: ‘‘Such an application may 

14 not be considered if there is a final removal order in effect 

15 with respect to the alien.’’. 

16 (c) CONFORMING AMENDMENT.—Section 

17 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 

18 is amended by inserting before the period at the end the 

19 following: ‘‘or qualifies for a waiver under section 

20 216(c)(4)’’. 

21 (d) EFFECTIVE DATES.— 

22 (1) The amendment made by subsection (a) shall 

23 apply to applications for relief pending or filed on or 

24 after April 10, 2003. 
241 

•HR 3402 RH 

1 (2) The amendment made by subsection (b) shall 

2 apply to applications for relief filed on or after the 

3 date of the enactment of this Act. 

4 SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF5 FICKING. 

6 (a) REDUCTION IN REQUIRED PERIOD OF PRESENCE

7 AUTHORIZED.— 

8 (1) IN GENERAL.—Section 245(l) of the Immi9 gration and Nationality Act (8 U.S.C. 1255(l)) is 

10 amended— 

11 (A) in paragraph (1)(A), by inserting ‘‘sub12 ject to paragraph (6),’’ after ‘‘(A)’’; 

13 (B) in paragraph (1)(A), by inserting after 

14 ‘‘since’’ the following: ‘‘the earlier of (i) the date 

15 the alien was granted continued presence under 

16 section 107(c)(3) of the Trafficking Victims Pro17 tection Act of 2000, or (ii)’’; and 

18 (C) by adding at the end the following new 

19 paragraph: 

20 ‘‘(6) The Secretary of Homeland Security may waive 

21 or reduce the period of physical presence required under 

22 paragraph (1)(A) for an alien’s adjustment of status under 

23 this subsection if a Federal, State, or local law enforcement 

24 official investigating or prosecuting trafficking described in 

25 section 101(a)(15)(T)(i) in relation to the alien or the 
242 

•HR 3402 RH 

1 alien’s spouse, child, parent, or sibling certifies that the offi2 cial has no objection to such waiver or reduction.’’. 

3 (2) CONFORMING AMENDMENT.—Section 107(c) 

4 of the Trafficking Victims Protection Act of 2000 (di5 vision A of Public Law 106–386; 22 U.S.C. 7105(c)) 

6 is amended by adding at the end the following new 

7 paragraph: 

8 ‘‘(5) CERTIFICATION OF NO OBJECTION FOR

9 WAIVER OR REDUCTION OF PERIOD OF REQUIRED

10 PHYSICAL PRESENCE FOR ADJUSTMENT OF STATUS.— 

11 In order for an alien to have the required period of 

12 physical presence under paragraph (1)(A) of section 

13 245(l) of the Immigration and Nationality Act 

14 waived or reduced under paragraph (6) of such sec15 tion, a Federal, State, and local law enforcement offi16 cial investigating or prosecuting trafficking described 

17 in section 101(a)(15)(T)(i) in relation to the alien or 

18 the alien’s spouse, child, parent, or sibling may pro19 vide for a certification of having no objection to such 

20 waiver or reduction.’’. 

21 (b) TREATMENT OF GOOD MORAL CHARACTER.—Sec22 tion 245(l) of the Immigration and Nationality Act (8 

23 U.S.C. 1255(l)), as amended by subsection (a)(1), is amend24 ed— 
243 

•HR 3402 RH 

1 (1) in paragraph (1)(B), by inserting ‘‘subject to 

2 paragraph (7),’’ after ‘‘(B)’’; and 

3 (2) by adding at the end the following new para4 graph: 

5 ‘‘(7) For purposes of paragraph (1)(B), the Secretary 

6 of Homeland Security, in the Secretary’s sole unreviewable 

7 discretion, may waive consideration of a disqualification 

8 from good moral character described in section 101(f) with 

9 respect to an alien if there is a connection between the dis10 qualification and the trafficking with respect to the alien 

11 described in section 101(a)(15)(T)(i).’’. 

12 (c) ANNUAL REPORT ON TRAINING OF LAW ENFORCE13 MENT.— 

14 (1) IN GENERAL.—Section 107(g) of the Traf15 ficking Victims Protection Act of 2000 (division A of 

16 Public Law 106–386; 22 U.S.C. 7105(g)) is amended 

17 by adding at the end the following: ‘‘Each such report 

18 shall also include statistics regarding the number of 

19 law enforcement officials who have been trained in the 

20 identification and protection of trafficking victims 

21 and certification for assistance as nonimmigrants 

22 under section 101(a)(15)(T) of such Act.’’. 

23 (2) EFFECTIVE DATE.—The amendment made by 

24 paragraph (1) shall apply to annual reports begin25 ning with the report for fiscal year 2006. 
244 

•HR 3402 RH 

1 Subtitle B—VAWA Petitioners 

2 SEC. 911. DEFINITION OF VAWA PETITIONER. 

3 (a) IN GENERAL.—Section 101(a) of the Immigration 

4 and Nationality Act (8 U.S.C. 1101(a)) is amended by add5 ing at the end the following new paragraph: 

6 ‘‘(51) The term ‘VAWA petitioner’ means an alien 

7 whose application or petition for classification or relief 

8 under any of the following provisions (whether as a prin9 cipal or as a derivative) has been filed and has not been 

10 denied after exhaustion of administrative appeals: 

11 ‘‘(A) Clause (iii), (iv), or (vii) of section 

12 204(a)(1)(A). 

13 ‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 

14 ‘‘(C) Subparagraph (C) or (D) of section 

15 216(c)(4). 

16 ‘‘(D) The first section of Public Law 89–732 

17 (commonly known as the Cuban Adjustment Act) as 

18 a child or spouse who has been battered or subjected 

19 to extreme cruelty. 

20 ‘‘(E) Section 902(d)(1)(B) of the Haitian Ref21 ugee Immigration Fairness Act of 1998 (division A of 

22 section 101(h) of Public Law 105–277). 

23 ‘‘(F) Section 202(d)(1) of the Nicaraguan Ad24 justment and Central American Relief Act (8 U.S.C. 

25 1255 note; Public Law 105–100). 
245 

•HR 3402 RH 

1 ‘‘(G) Section 309(c)(5) of the Illegal Immigra2 tion Reform and Immigrant Responsibility Act of 

3 1996 (division C of Public Law 104–208; 8 U.S.C. 

4 1101 note).’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 

7 U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking 

8 ‘‘qualifies for immigrant status under subparagraph 

9 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

10 204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’. 

11 (2) Section 212(a)(9)(C)(ii) of such Act (8 

12 U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to 

13 whom the Attorney General has granted classification 

14 under clause (iii), (iv), or (v) of section 204(a)(1)(A), 

15 or classification under clause (ii), (iii), or (iv) of sec16 tion 204(a)(1)(B)’’ and inserting ‘‘is a VAWA peti17 tioner’’. 

18 (3) Subsections (h)(1)(C) and (g)(1)(C) of section 

19 212 (8 U.S.C. 1182) is amended by striking ‘‘qualifies 

20 for classification under clause (iii) or (iv) of section 

21 204(a)(1)(A) or classification under clause (ii) or 

22 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

23 VAWA petitioner’’. 

24 (4) Section 212(i)(1) of such Act (8 U.S.C. 

25 1182(i)(1)) is amended by striking ‘‘an alien granted 
246 

•HR 3402 RH 

1 classification under clause (iii) or (iv) of section 

2 204(a)(1)(A) or clause (ii) or (iii) of section 

3 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 

4 (5) Section 237(a)(1)(H)(ii) of such Act (8 

5 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 

6 an alien who qualifies for classification under clause 

7 (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 

8 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

9 VAWA petitioner’’. 

10 (6) Section 240A(b)(4)(B) of such Act (8 U.S.C. 

11 1229b(b)(4)(B)) is amended by striking ‘‘they were 

12 applications filed under section 204(a)(1) (A)(iii), 

13 (A)(iv), (B)(ii), or (B)(iii)’’ and inserting ‘‘the appli14 cants were VAWA petitioners’’. 

15 (7) Section 245(a) of such Act (8 U.S.C. 

16 1255(a)) is amended by striking ‘‘under subpara17 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

18 204(a)(1) or’’ and inserting ‘‘as a VAWA petitioner’’. 

19 (8) Section 245(c) of such Act (8 U.S.C. 1255(c)) 

20 is amended by striking ‘‘under subparagraph (A)(iii), 

21 (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of 

22 section 204(a)(1)’’ and inserting ‘‘as a VAWA peti23 tioner’’. 

24 (9) For additional conforming amendments to 

25 sections 212(a)(4)(C)(i) and 240(c)(7)(C)(iv)(I) of the 
247 

•HR 3402 RH 

1 Immigration and Nationality Act, see sections 

2 832(b)(2) and 817(a) of this Act. 

3 SEC. 912. SELF-PETITIONING FOR CHILDREN. 

4 (a) SELF-PETITIONING BY CHILDREN OF PARENT5 ABUSERS UPON DEATH OR OTHER TERMINATION OF PAR6 ENT-CHILD RELATIONSHIP.— 

7 (1) CITIZEN PARENTS.—Section 204(a)(1)(A)(iv) 

8 of the Immigration and Nationality Act (8 U.S.C. 

9 1154(a)(1)(A)(iv)) is amended— 

10 (A) by striking ‘‘or who’’ and inserting 

11 ‘‘who’’; and 

12 (B) by inserting after ‘‘domestic violence,’’ 

13 the following: ‘‘or who was a child of a United 

14 States citizen parent who within the past 2 

15 years (or, if later, two years after the date the 

16 child attains 18 years of age) died or otherwise 

17 terminated the parent-child relationship (as de18 fined under section 101(b)),’’. 

19 (2) LAWFUL PERMANENT RESIDENT PARENTS.— 

20 (A) IN GENERAL.—Section 204(a)(1)(B)(iii) 

21 of such Act (8 U.S.C. 1154(a)(1)(B)(iii)) is 

22 amended— 

23 (i) by striking ‘‘or who’’ and inserting 

24 ‘‘who’’; and 
248 

•HR 3402 RH 

1 (ii) by inserting after ‘‘domestic vio2 lence,’’ the following: ‘‘or who was a child of 

3 a lawful permanent resident resident who 

4 within the past 2 years (or, if later, two 

5 years after the date the child attains 18 

6 years of age) died or otherwise terminated 

7 the parent-child relationship (as defined 

8 under section 101(b)),’’. 

9 (B) CONFORMING TREATMENT OF DE10 CEASED SPOUSES.—Section 

11 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 

12 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amend13 ed— 

14 (i) by redesignating subitems (aaa) 

15 and (bbb) as subitems (bbb) and (ccc), re16 spectively; and 

17 (ii) by inserting before subitem (bbb), 

18 as so redesignated, the following: 

19 ‘‘(aaa) whose spouse died within the past 2 

20 years;’’. 

21 (3) EFFECTIVE DATES.— 

22 (A) IN GENERAL.—Subject to subparagraph 

23 (B), the amendment made by paragraphs (1) 

24 and (2) shall take effect on the date of the enact25 ment of this Act. 
249 

•HR 3402 RH 

1 (B) TRANSITION IN CASE OF CITIZEN PAR2 ENTS WHO DIED BEFORE ENACTMENT.—In ap3 plying the amendments made by paragraphs (1) 

4 and (2)(A) in the case of an alien whose citizen 

5 parent or lawful permanent resident parent died 

6 or whose parent-child relationship with such 

7 parent terminated during the period beginning 

8 on October 28, 1998, and ending on the date of 

9 the enactment of this Act, the following rules 

10 apply: 

11 (i) The reference to ‘‘within the past 2 

12 years’’ in section 204(a)(1)(A)(iv) or 

13 204(a)(1)(B)(iii), respectively, of the Immi14 gration and Nationality Act in the matter 

15 inserted by such paragraph is deemed to be 

16 a reference to such period. 

17 (ii) The petition must be filed under 

18 such section within 2 years after the date of 

19 the enactment of this Act (or, if later, 2 

20 years after the alien’s 18th birthday). 

21 (iii) The determination of eligibility 

22 for benefits as a child under such section 

23 (including under section 204(a)(1)(D) of the 

24 Immigration and Nationality Act by reason 

25 of a petition authorized under such section) 
250 

•HR 3402 RH 

1 shall be determined as of the date of the 

2 death of the citizen parent or lawful perma3 nent resident parent or the termination of 

4 the parent-child relationship. 

5 (b) PROTECTING VICTIMS OF CHILD ABUSE FROM

6 AGING OUT.— 

7 (1) CLARIFICATION REGARDING CONTINUATION

8 OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF

9 CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi10 gration and Nationality Act (8 U.S.C. 

11 1154(a)(1)(D)(i)(I)) is amended— 

12 (A) by striking ‘‘clause (iv) of section 

13 204(a)(1)(A)’’ and inserting ‘‘subparagraph 

14 (A)(iv)’’ each place it appears; and 

15 (B) by striking ‘‘a petitioner for preference 

16 status under paragraph (1), (2), or (3) of section 

17 203(a), whichever paragraph is applicable’’ and 

18 inserting ‘‘to continue to be treated as an imme19 diate relative under section 201(b)(2)(A)(i), or a 

20 petitioner for preference status under section 

21 203(a)(3) if subsequently married’’. 

22 (2) CLARIFICATION REGARDING APPLICATION TO

23 CHILDREN OF LAWFUL PERMANENT RESIDENTS.—Sec24 tion 204(a)(1)(D) of such Act (8 U.S.C. 

25 1154(a)(1)(D)) is amended— 
251 

•HR 3402 RH 

1 (A) in clause (i)(I)— 

2 (i) by inserting after the first sentence 

3 the following new sentence: ‘‘Any child who 

4 attains 21 years of age who has filed a peti5 tion under subparagraph (B)(iii) that was 

6 filed or approved before the date on which 

7 the child attained 21 year of age shall be 

8 considered (if the child has not been admit9 ted or approved for lawful permanent resi10 dence by the date the child attained 21 

11 years of age) a petitioner for preference sta12 tus under section 203(a)(2)(A), with the 

13 same priority date assigned to the self-peti14 tion filed under such subparagraph.’’; and 

15 (ii) in the last sentence, by inserting 

16 ‘‘in either such case’’ after ‘‘shall be re17 quired to be filed’’; 

18 (B) in clause (i)(III), by striking ‘‘para19 graph (1), (2), or (3) of section 203(a)’’ and in20 serting ‘‘section 203(a)(2)(A)’’; and 

21 (C) in clause (ii), by striking ‘‘(A)(iii), 

22 (A)(iv),’’. 

23 (3) EFFECTIVE DATE.—The amendments made 

24 by this subsection shall apply to applications filed be-
252 

•HR 3402 RH 

1 fore, on, or after the date of the enactment of VAWA– 

2 2000. 

3 (c) CLARIFICATION OF NO SEPARATE ADJUSTMENT

4 APPLICATION FOR DERIVATIVE CHILDREN.— 

5 (1) IN GENERAL.—Section 245(a) of the Immi6 gration and Nationality Act (8 U.S.C. 1255(a)) is 

7 amended by adding at the end the following: ‘‘In the 

8 case of a petition under clause (ii), (iii), or (iv) of 

9 section 204(a)(1)(A) that includes an individual as a 

10 derivative child of a principal alien, no adjustment 

11 application other than the adjustment application of 

12 the principal alien shall be required for adjustment of 

13 status of the individual under this subsection or sub14 section (c).’’. 

15 (2) EFFECTIVE DATE.—The amendment made by 

16 paragraph (1) shall take effect on the date of the en17 actment of this Act and shall apply to applications 

18 filed before, on, or after such date. 

19 (d) LATE PETITION PERMITTED FOR ADULTS ABUSED

20 AS CHILDREN.— 

21 (1) IN GENERAL.—Section 204(a)(1)(D) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1154(a)(1)(D)), is amended by adding at the end the 

24 following new clause: 
253 

•HR 3402 RH 

1 ‘‘(iv) In the case of an alien who qualified to petition 

2 under subparagraph (A)(iv) or (B)(iii) as of the date the 

3 individual attained 21 years of age, the alien may file a 

4 petition under such respective subparagraph notwith5 standing that the alien has attained such age or been mar6 ried so long as the petition is filed before the date the indi7 vidual attains 25 years of age. In the case of such a petition, 

8 the alien shall remain eligible for adjustment of status as 

9 a child notwithstanding that the alien has attained 21 

10 years of age or has married, or both.’’. 

11 (2) EFFECTIVE DATE.—The amendment made by 

12 paragraph (1) shall take effect on the date of the en13 actment of this Act and shall apply to individuals 

14 who attain 21 years of age on or after the date of the 

15 enactment of VAWA–2000. 

16 SEC. 913. SELF-PETITIONING PARENTS. 

17 (a) IN GENERAL.—Section 204(a)(1)(A) of the Immi18 gration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 

19 amended by adding at the end the following new clause: 

20 ‘‘(vii) An alien who— 

21 ‘‘(I) is the parent of a citizen of the United 

22 States or was a parent of a citizen of the United 

23 States who within the past 2 years lost or renounced 

24 citizenship status related to battering or extreme cru-
254 

•HR 3402 RH 

1 elty by the United States citizen son or daughter or 

2 who within the past two years died; 

3 ‘‘(II) is a person of good moral character; 

4 ‘‘(III) is eligible to be classified as an immediate 

5 relative under section 201(b)(2)(A)(i) by virtue of the 

6 alien’s relationship to the son or daughter referred to 

7 in subclause (I); and 

8 ‘‘(IV) resides, or has resided in the past, with the 

9 citizen daughter or son; 

10 may file a petition with the Secretary of Homeland Secu11 rity under this subparagraph for classification of the alien 

12 under such section if the alien demonstrates that the alien 

13 has been battered by or has been the subject of extreme cru14 elty perpetrated by the alien’s citizen son or daughter.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect on the date of the enactment 

17 of this Act. 

18 SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICA19 TIONS. 

20 (a) IN GENERAL.—Section 204(a)(1) of the Immigra21 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend22 ed— 

23 (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 

24 by striking ‘‘an incident of domestic violence’’ and in-
255 

•HR 3402 RH 

1 serting ‘‘battering or extreme cruelty by the United 

2 States citizen spouse’’; 

3 (2) in subparagraph (A)(iv), by striking ‘‘an in4 cident of domestic violence’’ and inserting ‘‘battering 

5 or extreme cruelty by such parent’’; 

6 (3) in subparagraph (B)(ii)(II)(aa)(CC)(bbb), as 

7 redesignated by section 912(a)(2)(B)(i), by striking 

8 ‘‘due to an incident of domestic violence’’ and insert9 ing ‘‘related to battering or extreme cruelty by the 

10 lawful permanent resident spouse’’; and 

11 (4) in subparagraph (B)(iii), by striking ‘‘due to 

12 an incident of domestic violence’’ and inserting ‘‘re13 lated to battering or extreme cruelty by such parent’’. 

14 (b) EFFECTIVE DATE.—The amendments made by sub15 section (a) shall take effect as if included in the enactment 

16 of VAWA–2000. 

17 SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS 

18 ON PETITIONS AND APPLICATIONS FOR RE19 LIEF. 

20 (a) RELIEF.— 

21 (1) LIMITATION ON REMOVAL OR DEPORTA22 TION.—Section 237 of the Immigration and Nation23 ality Act (8 U.S.C. 1227) is amended by adding at 

24 the end the following new subsection: 
256 

•HR 3402 RH 

1 ‘‘(d)(1) In the case of an alien in the United States 

2 for whom a petition as a VAWA petitioner has been filed, 

3 if the petition sets forth a prima facie case for approval, 

4 the Secretary of Homeland Security, in the Secretary’s sole 

5 unreviewable discretion, may grant the alien deferred ac6 tion until the petition is approved or the petition is denied 

7 after exhaustion of administrative appeals. In the case of 

8 the approval of such petition, such deferred action may be 

9 extended until a final determination is made on an appli10 cation for adjustment of status. 

11 ‘‘(2) In the case of an alien in the United States for 

12 whom an application for nonimmigrant status (whether as 

13 a principal or derivative child) under subparagraph (T) 

14 or (U) of section 101(a)(15) has been filed, if the applica15 tion sets forth a prima facie case for approval, the Secretary 

16 of Homeland Security, in the Secretary’s sole unreviewable 

17 discretion, may grant the alien deferred action until the 

18 application is approved or the application is denied after 

19 exhaustion of administrative appeals. 

20 ‘‘(3) During a period in which an alien is provided 

21 deferred action under this subsection, the alien shall not be 

22 removed or deported. ’’. 

23 (2) LIMITATION ON DETENTION.—Section 236 of 

24 such Act (8 U.S.C. 1226) is amended by adding at 

25 the end the following new subsection: 
257 

•HR 3402 RH 

1 ‘‘(f) LIMITATION ON DETENTION OF CERTAIN VICTIMS

2 OF VIOLENCE.—(1) An alien for whom a petition as a 

3 VAWA petitioner has been approved or for whom an appli4 cation for nonimmigrant status (whether as a principal or 

5 derivative child) under subparagraph (T) or (U) of section 

6 101(a)(15) has been approved, subject to paragraph (2), the 

7 alien shall not be detained if the only basis for detention 

8 is a ground for which— 

9 ‘‘(A) a waiver is provided under section 212(h), 

10 212(d)(13), 212(d)(14), 237(a)(7), or 237(a)(2)(a)(V); 

11 or 

12 ‘‘(B) there is an exception under section 

13 204(a)(1)(C). 

14 ‘‘(2) Paragraph (1) shall not apply in the case of de15 tention that is required under subsection (c) or section 

16 236A.’’. 

17 (3) EMPLOYMENT AUTHORIZATION.— 

18 (A) FOR VAWA PETITIONERS.—Section 

19 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 

20 amended by adding at the end the following: 

21 ‘‘(K)(i) In the case of an alien for whom a petition 

22 as a VAWA petitioner is approved, the alien is eligible for 

23 work authorization and shall be provided an ‘employment 

24 authorized’ endorsement or other appropriate work per25 mit.’’. 
258 

•HR 3402 RH 

1 (B) FOR ALIENS WITH APPROVED T

2 VISAS.—Section 214(o) of such Act (8 U.S.C. 

3 1184(o)), as amended by section 901(b)(2), is 

4 amended by adding at the end the following new 

5 paragraph: 

6 ‘‘(8) In the case of an alien for whom an application 

7 for nonimmigrant status (whether as a principal or deriva8 tive) under section 101(a)(15)(T) has been approved, the 

9 alien is eligible for work authorization and shall be pro10 vided an ‘employment authorized’ endorsement or other ap11 propriate work permit.’’. 

12 (4) PROCESSING OF APPLICATIONS.—Section 

13 204(a)(1)(K) of the Immigration and Nationality Act 

14 (8 U.S.C. 1154(a)(1)(K)), as added by paragraph 

15 (3)(A), is amended by adding at the end the fol16 lowing: 

17 ‘‘(ii) A petition as a VAWA petitioner shall be proc18 essed without regard to whether a proceeding to remove or 

19 deport such alien is brought or pending.’’. 

20 (5) EFFECTIVE DATE.—The amendments made 

21 by this subsection shall take effect on the date of the 

22 enactment of this Act and shall apply to petitions 

23 and applications filed before, on, or after such date. 

24 (b) APPLICANTS FOR CANCELLATION OF REMOVAL OR

25 SUSPENSION OF DEPORTATION.— 
259 

•HR 3402 RH 

1 (1) IN GENERAL.—Section 240A(b)(2) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1229b(b)(2)) is amended by adding at the end the fol4 lowing new subparagraph: 

5 ‘‘(E) RELIEF WHILE APPLICATION PEND6 ING.—In the case of an alien who has applied 

7 for relief under this paragraph and whose appli8 cation sets forth a prima facie case for such re9 lief or who has filed an application for relief 

10 under section 244(a)(3) (as in effect on March 

11 31, 1997) that sets forth a prima facie case for 

12 such relief— 

13 ‘‘(i) the alien shall not be removed or 

14 deported until the application has been ap15 proved or, in the case it is denied, until all 

16 opportunities for appeal of the denial have 

17 been exhausted; and 

18 ‘‘(ii) such an application shall be proc19 essed without regard to whether a pro20 ceeding to remove or deport such alien is 

21 brought or pending.’’. 

22 (2) EFFECTIVE DATE.—The amendment made by 

23 paragraph (1) shall take effect on the date of the en24 actment of this Act and shall apply to applications 

25 filed before, on, or after such date. 
260 

•HR 3402 RH 

1 SEC. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF 

2 MANNER OF ENTRY. 

3 (a) FIANCEES.— 

4 (1) SELF-PETITIONING.—Section 

5 204(a)(1)(A)(iii) of the Immigration and Nationality 

6 Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended— 

7 (A) in subclause (I)(bb), by inserting after 

8 ‘‘during the marriage’’ the following: ‘‘or rela9 tionship intended by the alien to be legally a 

10 marriage or to conclude in a valid marriage’’; 

11 (B) in subclause (II)(aa)— 

12 (i) by striking ‘‘or’’ at the end of 

13 subitem (BB); 

14 (ii) by inserting ‘‘or’’ at the end of 

15 subitem (CC); and 

16 (iii) by adding at the end the following 

17 new subitem: 

18 ‘‘(DD) who entered the United States as an alien 

19 described in section 101(a)(15)(K) with the intent to 

20 enter into a valid marriage and the alien (or child 

21 of the alien) was battered or subject to extreme cruelty 

22 in the United States by the United States citizen who 

23 filed the petition to accord status under such sec24 tion;’’; 

25 (C) in subclause (II)(cc), by striking ‘‘or 

26 who’’ and inserting ‘‘, who’’ and by inserting be-
261 

•HR 3402 RH 

1 fore the semicolon at the end the following: ‘‘, or 

2 who is described in subitem (aa)(DD)’’; and 

3 (D) in subclause (II)(dd), by inserting ‘‘or 

4 who is described in subitem (aa)(DD)’’ before the 

5 period at the end. 

6 (2) EXCEPTION FROM REQUIREMENT TO DE7 PART.—Section 214(d) of such Act (8 U.S.C. 1184(d)) 

8 is amended by inserting before the period at the end 

9 the following: ‘‘unless the alien (and the child of the 

10 alien) entered the United States as an alien described 

11 in section 101(a)(15)(K) with the intent to enter into 

12 a valid marriage and the alien or child was battered 

13 or subject to extreme cruelty in the United States by 

14 the United States citizen who filed the petition to ac15 cord status under such section’’. 

16 (3) EFFECTIVE DATE.—The amendments made 

17 by this subsection shall take effect on the date of the 

18 enactment of this Act and shall apply to aliens ad19 mitted before, on, or after such date. 

20 (b) SPOUSES WHO ARE CONDITIONAL PERMANENT

21 RESIDENTS.— 

22 (1) IN GENERAL.—Section 245(d) of the Immi23 gration and Nationality Act (8 U.S.C. 1255(d)) is 

24 amended— 

25 (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 
262 

•HR 3402 RH 

1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) Paragraph (1) shall not apply to an alien who 

4 seeks adjustment of status on the basis of an approved peti5 tion for classification as a VAWA petitioner.’’. 

6 (2) CONFORMING APPLICATION IN CANCELLATION

7 OF REMOVAL.—Section 240A(b)(2)(A)(i) of such Act 

8 (8 U.S.C. 1229b(b)(2)(A)(i)) is amended— 

9 (A) by striking ‘‘or’’ at the end of subclause 

10 (II); 

11 (B) by adding ‘‘or’’ at the end of subclause 

12 (III); and 

13 (C) by adding at the end the following new 

14 subclause: 

15 ‘‘(IV) the alien entered the United 

16 States as an alien described in section 

17 101(a)(15)(K) with the intent to enter into 

18 a valid marriage and the alien (or the child 

19 of the alien who is described in such sec20 tion) was battered or subject to extreme cru21 elty in the United States by the United 

22 States citizen who filed the petition to ac23 cord status under such section;’’. 

24 (3) EXCEPTION TO RESTRICTION ON ADJUST25 MENT OF STATUS.—The second sentence of section 
263 

•HR 3402 RH 

1 245(d)(1) of such Act (8 U.S.C. 1255(d)(1)), as des2 ignated by paragraph (1)(A), is amended by inserting 

3 ‘‘who is not described in section 

4 204(a)(1)(A)(iii)(II)(aa)(DD)’’ after ‘‘alien described 

5 in section 101(a)(15)(K)’’. 

6 (4) APPLICATION UNDER SUSPENSION OF DEPOR7 TATION.—Section 244(a)(3) of such Act (as in effect 

8 on March 31, 1997) shall be applied (as if in effect 

9 on such date) as if the phrase ‘‘is described in section 

10 240A(b)(2)(A)(i)(IV) or’’ were inserted before ‘‘has 

11 been battered’’ the first place it appears. 

12 (5) EFFECTIVE DATE.—The amendments made 

13 by this subsection, and the provisions of paragraph 

14 (4), shall take effect on the date of the enactment of 

15 this Act and shall apply to applications for adjust16 ment of status, for cancellation of removal, or for sus17 pension of deportation filed before, on, or after such 

18 date. 

19 (c) INFORMATION ON CERTAIN CONVICTIONS AND LIMI20 TATION ON PETITIONS FOR K NONIMMIGRANT PETI21 TIONERS.—Section 214(d) of the Immigration and Nation22 ality Act (8 U.S.C. 1184(d)) is amended— 

23 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

24 (2) by inserting after the second sentence the fol25 lowing: ‘‘Such information shall include information 
264 

•HR 3402 RH 

1 on any criminal convictions of the petitioner for do2 mestic violence, sexual assault, or child abuse.’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(2)(A) Subject to subparagraph (B), a consular offi5 cer may not approve a petition under paragraph (1) unless 

6 the officer has verified that— 

7 ‘‘(i) the petitioner has not, previous to the pend8 ing petition, petitioned under paragraph (1) with re9 spect to more than 2 applying aliens; and 

10 ‘‘(ii) if the petitioner has had such a petition 

11 previously approved, 2 years have elapsed since the 

12 filing of such previously approved petition. 

13 ‘‘(B) The Secretary of Homeland Security may, in the 

14 discretion of the Secretary, waive the limitation in sub15 paragraph (A), if justification exists for such a waiver. 

16 ‘‘(3) For purposes of this subsection— 

17 ‘‘(A) the term ‘child abuse’ means a felony or 

18 misdemeanor crime, as defined by Federal or State 

19 law, committed by an offender who is a stranger to 

20 the victim, or committed by an offender who is known 

21 by, or related by blood or marriage to, the victim, 

22 against a victim who has not attained the lesser of— 

23 ‘‘(i) 18 years of age; or 
265 

•HR 3402 RH 

1 ‘‘(ii) except in the case of sexual abuse, the 

2 age specified by the child protection law of the 

3 State in which the child resides; and 

4 ‘‘(B) the terms ‘domestic violence’ and ‘sexual as5 sault’ have the meaning given such terms in section 

6 2003 of title I of the Omnibus Crime Control and 

7 Safe Streets Act of 1968 (42 U.S.C. 3796gg–2).’’. 

8 (d) SPOUSES AND CHILDREN OF ASYLUM APPLICANTS

9 UNDER ADJUSTMENT PROVISIONS.— 

10 (1) IN GENERAL.—Section 209(b)(3) of the Im11 migration and Nationality Act (8 U.S.C. 1159(b)(3)) 

12 is amended— 

13 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(B) was the spouse of a refugee within the 

16 meaning of section 101(a)(42)(A) at the time the asy17 lum application was granted and who was battered 

18 or was the subject of extreme cruelty perpetrated by 

19 such refugee or whose child was battered or subjected 

20 to extreme cruelty by such refugee (without the active 

21 participation of such spouse in the battery or cru22 elty), or 

23 ‘‘(C) was the child of a refugee within the mean24 ing of section 101(a)(42)(A) at the time of the filing 

25 of the asylum application and who was battered or 
266 

•HR 3402 RH 

1 was the subject of extreme cruelty perpetrated by such 

2 refugee,’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by paragraph (1) shall take effect on the date of the 

5 enactment of this Act and— 

6 (A) section 209(b)(3)(B) of the Immigration 

7 and Nationality Act, as added by paragraph 

8 (1)(B), shall apply to spouses of refugees for 

9 whom an asylum application is granted before, 

10 on, or after such date; and 

11 (B) section 209(b)(3)(C) of such Act, as so 

12 added, shall apply with respect to the child of a 

13 refugee for whom an asylum application is filed 

14 before, on, or after such date. 

15 (e) VISA WAIVER ENTRANTS.— 

16 (1) IN GENERAL.—Section 217(b)(2) of such Act 

17 (8 U.S.C. 1187(b)(2)) is amended by inserting after 

18 ‘‘asylum,’’ the following: ‘‘as a VAWA petitioner, or 

19 for relief under subparagraph (T) or (U) of section 

20 101(a)(15), under section 240A(b)(2), or under section 

21 244(a)(3) (as in effect on March 31, 1997),’’. 

22 (2) EFFECTIVE DATE.—The amendment made by 

23 paragraph (1) shall take effect on the date of the en24 actment of this Act and shall apply to waivers pro25 vided under section 217(b)(2) of the Immigration and 
267 

•HR 3402 RH 

1 Nationality Act before, on, or after such date as if it 

2 had been included in such waivers. 

3 (f) EXCEPTION FROM FOREIGN RESIDENCE REQUIRE4 MENT FOR EDUCATIONAL VISITORS.— 

5 (1) IN GENERAL.—Section 212(e) of such Act (8 

6 U.S.C. 1182(e)) is amended, in the matter before the 

7 first proviso, by inserting ‘‘unless the alien is a 

8 VAWA petitioner or an applicant for nonimmigrant 

9 status under subparagraph (T) or (U) of section 

10 101(a)(15)’’ after ‘‘for an aggregate of a least two 

11 years following departure from the United States’’. 

12 (2) EFFECTIVE DATE.—The amendment made by 

13 paragraph (1) shall take effect on the date of the en14 actment of this Act and shall apply to aliens regard15 less of whether the foreign residence requirement 

16 under section 212(e) of the Immigration and Nation17 ality Act arises out of an admission or acquisition of 

18 status under section 101(a)(15)(J) of such Act before, 

19 on, or after the date of the enactment of this Act. 

20 SEC. 917. ELIMINATING ABUSERS’ CONTROL OVER APPLICA21 TIONS FOR ADJUSTMENTS OF STATUS. 

22 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

23 VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the Im24 migration and Nationality Act (8 U.S.C. 

25 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of 
268 

•HR 3402 RH 

1 the REAL ID Act of 2005 (division B of Public Law 109– 

2 13), is amended— 

3 (1) in subclause (I), by striking ‘‘under clause 

4 (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) 

5 of section 204(a)(1)(B)’’ and inserting ‘‘as a VAWA 

6 petitioner’’; and 

7 (2) in subclause (II), by inserting ‘‘or adjust8 ment of status’’ after ‘‘cancellation of removal’’. 

9 (b) APPLICATION OF VAWA DEPORTATION PROTEC10 TIONS FOR TRANSITIONAL RELIEF TO ALL VAWA PETI11 TIONERS.—Section 1506(c)(2) of the Violence Against 

12 Women Act of 2000 (8 U.S.C. 1229a note) is amended— 

13 (1) in subparagraph (A)— 

14 (A) by amending clause (i) to read as fol15 lows: 

16 ‘‘(i) if the basis of the motion is to 

17 apply for relief as a VAWA petitioner (as 

18 defined in section 101(a)(51) of the Immi19 gration and Nationality Act (8 U.S.C. 

20 1101(a)(51)) or under section 244(a)(3) of 

21 such Act (8 U.S.C. 1254(a)(3)); and’’; and 

22 (B) in clause (ii), by inserting ‘‘or adjust23 ment of status’’ after ‘‘suspension of deporta24 tion’’; and 
269 

•HR 3402 RH 

1 (2) in subparagraph (B)(ii), by striking ‘‘for re2 lief’’ and all that follows through ‘‘1101 note))’’ and 

3 inserting ‘‘for relief described in subparagraph 

4 (A)(i)’’. 

5 (c) APPLICATION OF VAWA-RELATED RELIEF UNDER

6 SECTION 202 OF NACARA.—Section 202(d)(1) of the Nica7 raguan Adjustment and Central American Relief Act (8 

8 U.S.C. 1255 note; Public Law 105–100) is amended— 

9 (1) in subparagraph (B)(ii), by inserting ‘‘, or 

10 was eligible for adjustment,’’ after ‘‘whose status is 

11 adjusted’’; and 

12 (2) in subparagraph (E), by inserting after 

13 ‘‘April 1, 2000’’ the following: ‘‘, or, in the case of an 

14 alien who qualifies under subparagraph (B)(ii), ap15 plies for such adjustment during the 18-month period 

16 beginning on the date of enactment of the Violence 

17 Against Women Act of 2005’’ . 

18 (d) PETITIONING RIGHTS OF CERTAIN FORMER

19 SPOUSES UNDER CUBAN ADJUSTMENT.—The first section 

20 of Public Law 89–732 (8 U.S.C. 1255 note) is amended by 

21 adding at the end the following: ‘‘An alien who was the 

22 spouse of any Cuban alien described in this section and has 

23 resided with such spouse shall continue to be treated as such 

24 a spouse for 2 years after the date on which the Cuban alien 

25 dies (or, if later, 2 years after the date of enactment of Vio-
270 

•HR 3402 RH 

1 lence Against Women Act of 2005), or for 2 years after the 

2 date of termination of the marriage (or, if later, 2 years 

3 after the date of enactment of Violence Against Women Act 

4 of 2005) if the alien demonstrates a connection between the 

5 termination of the marriage and the battering or extreme 

6 cruelty by the Cuban alien.’’. 

7 (e) SELF-PETITIONING RIGHTS OF HRIFA APPLI8 CANTS.—Section 902(d)(1)(B) of the Haitian Refugee Im9 migration Fairness Act of 1998 (division A of section 

10 101(h) of Public Law 105–277; 112 Stat. 2681–538; 8 

11 U.S.C. 1255 note), as amended by section 1511(a) of 

12 VAWA–2000, is amended— 

13 (1) in clause (i), by striking ‘‘whose status is ad14 justed to that of an alien lawfully admitted for per15 manent residence’’ and inserting ‘‘who is or was eligi16 ble for classification’’; and 

17 (2) in clause (ii), by striking ‘‘whose status is 

18 adjusted to that of an alien lawfully admitted for per19 manent residence’’ and inserting ‘‘who is or was eligi20 ble for classification’’. 

21 (f) SELF-PETITIONING RIGHTS UNDER SECTION 203 

22 OF NACARA.—Section 309 of the Illegal Immigration and 

23 Reform and Immigrant Responsibility Act of 1996 (divi24 sion C of Public Law 104–208; 8 U.S.C. 1101 note), as 

25 amended by section 203(a) of the Nicaraguan Adjustment 
271 

•HR 3402 RH 

1 and Central American Relief Act (8 U.S.C. 1255 note; Pub2 lic Law 105–100), is amended— 

3 (1) in subsection (c)(5)(C)(i)(VII)(aa), as 

4 amended by section 1510(b) of VAWA–2000— 

5 (A) by striking ‘‘or’’ at the end of subitem 

6 (BB); 

7 (B) by striking ‘‘and’’ at the end of subitem 

8 (CC) and inserting ‘‘or’’; and 

9 (C) by adding at the end the following new 

10 subitem: 

11 ‘‘(DD) at the time at which 

12 the spouse or child files an appli13 cation for suspension of deporta14 tion or cancellation of removal; 

15 and’’; and 

16 (2) in subsection (g)— 

17 (A) by inserting ‘‘(1)’’ before ‘‘Notwith18 standing’’; 

19 (B) by inserting ‘‘subject to paragraph (2),’’ 

20 after ‘‘section 101(a) of the Immigration and 

21 Nationality Act)),’’; and 

22 (C) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) There shall be no limitation on a motion to reopen 

25 removal or deportation proceedings in the case of an alien 
272 

•HR 3402 RH 

1 who is described in subclause (VI) or (VII) of subsection 

2 (c)(5)(C)(i). Motions to reopen removal or deportation pro3 ceedings in the case of such an alien shall be handled under 

4 the procedures that apply to aliens seeking relief under sec5 tion 204(a)(1)(A)(iii) of the Immigration and Nationality 

6 Act.’’. 

7 (g) LIMITATION ON PETITIONING FOR ABUSER.—Sec8 tion 204(a)(1) of the Immigration and Nationality Act (8 

9 U.S.C. 1154(a)(1)), as amended by section 915(a)(3)(A), is 

10 amended by adding at the end the following new subpara11 graph: 

12 ‘‘(L) Notwithstanding the previous provisions of this 

13 paragraph, an individual who was a VAWA petitioner or 

14 who had the status of a nonimmigrant under subparagraph 

15 (T) or (U) of section 101(a)(15) may not file a petition 

16 for classification under this section or section 214 to classify 

17 any person who committed the battery or extreme cruelty 

18 or trafficking against the individual (or the individual’s 

19 child) which established the individual’s (or individual’s 

20 child’s) eligibility as a VAWA petitioner or for such non21 immigrant status.’’. 

22 (h) EFFECTIVE DATE.—Except as otherwise provided 

23 in this section, the amendments made by this section shall 

24 take effect on the date of the enactment of this Act. 
273 

•HR 3402 RH 

1 SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DE2 RIVATIVES OF TRAFFICKING VICTIMS. 

3 (a) IN GENERAL.—Section 240A(b)(4) of the Immigra4 tion and Nationality Act (8 U.S.C. 1229b(b)(4)) is amend5 ed— 

6 (1) in the heading, by striking ‘‘CHILDREN OF

7 BATTERED ALIENS’’ and inserting ‘‘BATTERED

8 ALIENS, CHILDREN OF BATTERED ALIENS, AND DERIV9 ATIVE FAMILY MEMBERS OF TRAFFICKING VICTIMS,’’; 

10 (2) in subparagraph (A)— 

11 (A) by striking ‘‘or’’ at the end of clause (i); 

12 (B) by striking the period at the end of 

13 clause (ii) and inserting a semicolon; and 

14 (C) by adding at the end the following new 

15 clauses: 

16 ‘‘(iii) VAWA petitioner whose petition 

17 was approved based on having been battered 

18 or subjected to extreme cruelty by a United 

19 States citizen spouse, parent, or son or 

20 daughter and who is admissible and eligible 

21 for an immigrant visa; 

22 ‘‘(iv) VAWA petitioner whose petition 

23 was approved based on having been battered 

24 or subjected to extreme cruelty by a lawful 

25 permanent resident spouse or parent, who is 

26 admissible and would be eligible for an im-
274 

•HR 3402 RH 

1 migrant visa but for the fact that an immi2 grant visa is not immediately available to 

3 the alien, and who filed a petition for clas4 sification under section 204(a)(1)(B), if at 

5 least 3 years has elapsed since the peti6 tioner’s priority date; or 

7 ‘‘(v) an alien whom the Secretary of 

8 State determines would, but for an applica9 tion or approval, meet the conditions for 

10 approval as a nonimmigrant described in 

11 section 101(a)(15)(T)(ii).’’; and 

12 (3) in subparagraph (B)— 

13 (A) in the first sentence, by striking ‘‘The 

14 grant of parole’’ and inserting ‘‘(i) The grant of 

15 parole under subparagraph (A)(i) or (A)(ii)’’; 

16 (B) in the second sentence, by striking ‘‘cov17 ered under this paragraph’’ and inserting ‘‘cov18 ered under such subparagraphs’’; 

19 (C) in the last sentence, by inserting ‘‘of 

20 subparagraph (A)’’ after ‘‘clause (i) or (ii)’’; and 

21 (D) by adding at the end the following new 

22 clauses: 

23 ‘‘(ii) The grant of parole under subpara24 graph (A)(iii) or (A)(iv) shall extend from the 

25 date of approval of the applicable petition to the 
275 

•HR 3402 RH 

1 time the application for adjustment of status 

2 filed by aliens covered under such subparagraphs 

3 has been finally adjudicated. Applications for 

4 adjustment of status filed by aliens covered 

5 under such subparagraphs shall be treated as if 

6 they were applications filed under section 

7 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or (B)(iii) for 

8 purposes of section 245 (a) and (c). 

9 ‘‘(iii) The grant of parole under subpara10 graph (A)(v) shall extend from the date of the de11 termination of the Secretary of State described 

12 in such subparagraph to the time the application 

13 for status under section 101(a)(15)(T)(ii) has 

14 been finally adjudicated. Failure by such an 

15 alien to exercise due diligence in filing a visa pe16 tition on the alien’s behalf may result in revoca17 tion of parole.’’. 

18 (b) CONFORMING REFERENCE.—Section 212(d)(5) of 

19 such Act (8 U.S.C. 1182(d)(5)) is amended by adding at 

20 the end the following new subparagraph: 

21 ‘‘(C) Parole is provided for certain battered aliens, 

22 children of battered aliens, and parents of battered alien 

23 children under section 240A(b)(4).’’. 
276 

•HR 3402 RH 

1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the date of the enactment of this 

3 Act. 

4 SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIOLENCE, 

5 SEXUAL ASSAULT AND TRAFFICKING FROM 

6 SANCTIONS FOR FAILURE TO DEPART VOLUN7 TARILY. 

8 (a) IN GENERAL.—Section 240B(d) of the Immigra9 tion and Nationality Act (8 U.S.C. 1229c(d)) is amended— 

10 (1) by striking ‘‘If’’ and inserting ‘‘(1) Subject 

11 to paragraph (2), if’’; and 

12 (2) by adding at the end the following new para13 graph: 

14 ‘‘(2) The ineligibility for relief under paragraph (1) 

15 shall not apply to an alien who is a VAWA petitioner, who 

16 is seeking status as a nonimmigrant under subparagraph 

17 (T) or (U) of section 101(a)(15), or who is an applicant 

18 for relief under section 240A(b)(2) or under section 

19 244(a)(3) (as in effect on March 31, 1997), if there is a 

20 connection between the failure to voluntarily depart and the 

21 battery or extreme cruelty, trafficking, or criminal activity, 

22 referred to in the respective provision.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall apply as if included in the enactment of 

25 the Immigration Reform and Immigrant Responsibility Act 
277 

•HR 3402 RH 

1 of 1996 (division C of Public Law 104–208) and shall 

2 apply to failures to depart voluntarily occurring before, on, 

3 or after the date of the enactment of this Act. 

4 SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION 

5 FOR VICTIMS OF DOMESTIC VIOLENCE. 

6 (a) IN GENERAL.—Section 319(a) of the Immigration 

7 and Nationality Act (8 U.S.C. 1430(a)) is amended by in8 serting after ‘‘extreme cruelty by a United States citizen 

9 spouse or parent’’ the following: ‘‘, regardless of whether the 

10 lawful permanent resident status was obtained on the basis 

11 of such battery or cruelty’’. 

12 (b) USE OF CREDIBLE EVIDENCE.—Such section is 

13 further amended by adding at the end the following: ‘‘The 

14 provisions of section 204(a)(1)(J) shall apply in acting on 

15 an application under this subsection in the same manner 

16 as they apply in acting on petitions referred to in such sec17 tion.’’ 

18 (c) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect on the date of the enactment of this 

20 Act and shall apply to applications for naturalization filed 

21 before, on, or after the date of the enactment of this Act. 
278 

•HR 3402 RH 

1 SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF 

2 ADMISSIBILITY OR DEPORTABILITY BASED 

3 ON PROTECTED INFORMATION. 

4 (a) APPLICATION OF RESTRICTIONS ON ADDITIONAL

5 DEPARTMENTS.—Section 384 of the Illegal Immigration 

6 Reform and Immigrant Responsibility Act of 1996 (divi7 sion C of Public Law 104–208; 8 U.S.C. 1367) is amend8 ed— 

9 (1) in subsection (a), as amended by section 

10 1513(d) of VAWA–2000— 

11 (A) in the matter before paragraph (1), by 

12 striking ‘‘(including any bureau or agency of 

13 such Department)’’ and inserting ‘‘, or the Sec14 retary of Homeland Security, the Secretary of 

15 State, the Secretary of Health and Human Serv16 ices, or the Secretary of Labor or any other offi17 cial or employee of the Department of Homeland 

18 Security, the Department of State, the Depart19 ment of Health and Human Services, or the De20 partment of Labor (including any bureau or 

21 agency of any such Department)’’; and 

22 (B) in paragraph (2), by striking ‘‘of the 

23 Department,’’ and inserting ‘‘of any such De24 partment,’’; and 

25 (2) in subsection (b)— 
279 

•HR 3402 RH 

1 (A) in paragraphs (1), by striking ‘‘The At2 torney General may provide, in the Attorney 

3 General’s discretion’’ and inserting ‘‘The Attor4 ney General, Secretary of Homeland Security, 

5 Secretary of State, Secretary of Health and 

6 Human Services, and Secretary of Labor may 

7 provide, in each’s discretion’’; 

8 (B) in paragraph (2), by striking ‘‘The At9 torney General may provide in the discretion of 

10 the Attorney General’’ and inserting ‘‘The Attor11 ney General, Secretary of Homeland Security, 

12 Secretary of State, Secretary of Health and 

13 Human Services, and the Secretary of Labor 

14 may provide, in each’s discretion’’; and 

15 (C) in paragraph (5), by striking ‘‘is au16 thorized to disclose’’ and inserting ‘‘, Secretary 

17 of Homeland Security, Secretary of State, Sec18 retary of Health and Human Services, and Sec19 retary of Labor, or Attorney General may dis20 close’’. 

21 (b) INCREASING SCOPE OF ALIENS AND INFORMATION

22 PROTECTED.—Subsection (a) of such section is amended— 

23 (1) in paragraph (1)— 

24 (A) in the matter before subparagraph (A), 

25 by striking ‘‘furnished solely by’’ and inserting 
280 

•HR 3402 RH 

1 ‘‘furnished by or derived from information pro2 vided solely by’’; 

3 (B) by striking ‘‘or’’ at the end of subpara4 graph (D); 

5 (C) by adding ‘‘or’’ at the end of subpara6 graph (E); and 

7 (D) by inserting after subparagraph (E) the 

8 following new subparagraph: 

9 ‘‘(F) in the case of an alien applying for 

10 continued presence as a victim of trafficking 

11 under section 107(b)(1)(E)(i)(II)(bb) of the Traf12 ficking Protection Act of 2000 or status under 

13 section 101(a)(15)(T) of the Immigration and 

14 Nationality Act, the trafficker or perpetrator,’’; 

15 and 

16 (2) in paragraph (2)— 

17 (A) by striking ‘‘under clause (iii) or (iv) of 

18 section 204(a)(1)(A), clause (ii) or (iii) of sec19 tion 204(a)(1)(B)’’ and inserting ‘‘as a VAWA 

20 petitioner (as defined in section 101(a)(51) of the 

21 Immigration and Nationality Act), or under’’; 

22 and 

23 (B) by striking ‘‘or section 244(a)(3) of such 

24 Act as an alien (or the parent of a child) who 

25 has been battered or subjected to extreme cru-
281 

•HR 3402 RH 

1 elty.’’ and inserting the following: ‘‘, section 

2 101(a)(15)(T), section 214(c)(15), or section 

3 240A(b)(2) of such Act, or section 244(a)(3) of 

4 such Act (as in effect on March 31, 1997), or for 

5 continued presence as a victim of trafficking 

6 under section 107(b)(1)(E)(i)(II)(bb) of the Traf7 ficking Protection Act of 2000, or any derivative 

8 of the alien;’’. 

9 (c) PROVIDING FOR CONGRESSIONAL REVIEW.—Sub10 section (b) of such section is amended by adding at the end 

11 the following new paragraph: 

12 ‘‘(6) Subsection (a) shall not apply to prevent 

13 the Attorney General and the Secretary of Homeland 

14 Security from disclosing to the chairmen and ranking 

15 members of the Judiciary Committees of the House of 

16 Representatives and of the Senate in the exercise of 

17 Congressional oversight authority information on 

18 closed cases under this section in a manner that pro19 tects the confidentiality of such information and that 

20 omits personally identifying information (including 

21 locational information about individuals).’’. 

22 (d) APPLICATION TO JUVENILE SPECIAL IMMI23 GRANTS.—Subsection (a) of such section, as amended by 

24 subsection (b)(2)(B), is amended— 

25 (1) by striking ‘‘or’’ at the end of paragraph (1); 
282 

•HR 3402 RH 

1 (2) by adding ‘‘or’’ at the end of paragraph (2); 

2 and 

3 (3) by inserting after paragraph (2) the fol4 lowing new paragraph: 

5 ‘‘(3) in the case of an alien described in section 

6 101(a)(27)(J) of the Immigration and Nationality 

7 Act who has been abused, neglected, or abandoned, 

8 contact the alleged abuser (or family member of the 

9 alleged abuser) at any stage of applying for special 

10 immigrant juvenile status, including after a request 

11 for the consent of the Secretary of Homeland Security 

12 under clause (iii)(I) of such section.’’. 

13 (e) IMPROVED ENFORCEMENT.—Subsection (c) of such 

14 section is amended by adding at the end the following: ‘‘The 

15 Office of Professional Responsibility in the Department of 

16 Justice shall be responsible for carrying out enforcement 

17 under the previous sentence.’’. 

18 (f) CERTIFICATION OF COMPLIANCE IN REMOVAL PRO19 CEEDINGS.— 

20 (1) IN GENERAL.—Section 239 of the Immigra21 tion and Nationality Act (8 U.S.C. 1229) is amended 

22 by adding at the end the following new subsection: 

23 ‘‘(e) CERTIFICATION OF COMPLIANCE WITH RESTRIC24 TIONS ON DISCLOSURE.—Removal proceedings shall not be 
283 

•HR 3402 RH 

1 initiated against an alien unless there is a certification of 

2 either of the following: 

3 ‘‘(1) No enforcement action was taken leading to 

4 such proceedings against the alien— 

5 ‘‘(A) at a domestic violence shelter, a vic6 tims services organization or program (as de7 scribed in section 2003(8) of the Omnibus Crime 

8 Control and Safe Streets Act of 1968), a rape 

9 crisis center, a family justice center, or a super10 vised visitation center; or 

11 ‘‘(B) at a courthouse (or in connection with 

12 the appearance of the alien at a courthouse) if 

13 the alien is appearing in connection with a pro14 tection order case, child custody case, or other 

15 civil or criminal case relating to domestic vio16 lence, sexual assault, trafficking, or stalking in 

17 which the alien has been battered or subject to 

18 extreme cruelty or if the alien is described in 

19 subparagraph (T) or (U) of section 101(a)(15). 

20 ‘‘(2) Such an enforcement action was taken, but 

21 the provisions of section 384(a)(1) of the Illegal Im22 migration Reform and Immigrant Responsibility Act 

23 of 1996 have been complied with.’’. 

24 (2) COMPLIANCE.—Section 384(c) of the Illegal 

25 Immigration Reform and Immigrant Responsibility 
284 

•HR 3402 RH 

1 Act of 1996 (division C of Public Law 104–208; 8 

2 U.S.C. 1367(c)) is amended by inserting ‘‘or who 

3 knowingly makes a false certification under section 

4 239(e) of the Immigration and Nationality Act’’ after 

5 ‘‘in violation of this section’’. 

6 (g) EFFECTIVE DATE.—The amendments made by this 

7 section shall take effect on the date of the enactment of this 

8 Act and shall apply to violations or disclosures made on 

9 or after such date. 

10 SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT 

11 LEGAL RIGHTS AND RESOURCES FOR IMMI12 GRANT VICTIMS OF DOMESTIC VIOLENCE. 

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity, in consultation with the Attorney General and the Sec15 retary of State, shall develop consistent and accurate mate16 rials, including an information pamphlet described in sub17 section (b), on legal rights and resources for immigrant vic18 tims of domestic violence for dissemination to applicants 

19 for K nonimmigrant visas. In preparing such materials, 

20 the Secretary shall consult with non-governmental organi21 zations with expertise on the legal rights of immigrant vic22 tims of battery, extreme cruelty, sexual assault and other 

23 crimes. 
285 

•HR 3402 RH 

1 (b) INFORMATION PAMPHLET.—The information pam2 phlet developed under subsection (a) shall include informa3 tion on the following: 

4 (1) The K nonimmigrant visa application proc5 ess and the marriage-based immigration process, in6 cluding conditional residence and adjustment of sta7 tus. 

8 (2) The illegality of domestic violence, sexual as9 sault, and child abuse in the United States and the 

10 dynamics of domestic violence. 

11 (3) Domestic violence and sexual assault services 

12 in the United States, including the National Domestic 

13 Violence Hotline and the National Sexual Assault 

14 Hotline. 

15 (4) The legal rights of immigrant victims of 

16 abuse and other crimes in immigration, criminal jus17 tice, family law, and other matters. 

18 (5) The obligations of parents to provide child 

19 support for children. 

20 (6) Marriage fraud under United States immi21 gration laws and the penalties for committing such 

22 fraud. 

23 (7) A warning concerning the potential use of K 

24 nonimmigrant visas by individuals who have a his-
286 

•HR 3402 RH 

1 tory of committing domestic violence, sexual assault, 

2 or child abuse. 

3 (c) SUMMARIES.—The Secretary of Homeland Secu4 rity, in consultation with the Attorney General and the Sec5 retary of State, shall develop summaries of the pamphlet 

6 developed under subsection (a) that shall be used by con7 sular officers when reviewing the pamphlet in interviews 

8 under section (e)(2). 

9 (d) TRANSLATION.— 

10 (1) IN GENERAL.—In order to best serve the lan11 guage groups having the greatest concentration of K 

12 nonimmigrant visa applicants, the information pam13 phlet under subsection (b) shall, subject to paragraph 

14 (2), be translated by the Secretary of State into the 

15 following languages: Russian, Spanish, Tagalog, Viet16 namese, Chinese, Ukrainian, Thai, Korean, Polish, 

17 Japanese, French, Arabic, Portuguese, and Hindi. 

18 (2) REVISION.—Every two years, the Secretary 

19 of Homeland Security, in consultation with the Attor20 ney General and the Secretary of State, shall deter21 mine the specific languages into which the informa22 tion pamphlet is translated based on the languages 

23 spoken by the greatest concentrations of K non24 immigrant visa applicants. 
287 

•HR 3402 RH 

1 (e) AVAILABILITY AND DISTRIBUTION.—The informa2 tion pamphlet developed under subsection (a) shall be made 

3 available and distributed as follows: 

4 (1) MAILINGS TO K NONIMMIGRANT VISA APPLI5 CANTS.— 

6 (A) The pamphlet shall be mailed by the 

7 Secretary of State to each applicant for a K 

8 nonimmigrant visa at the same time that the in9 struction packet regarding the visa application 

10 process is mailed to such applicant. The pam11 phlet so mailed shall be in the primary language 

12 of the applicant, or in English if no translation 

13 into the applicant’s primary language is avail14 able. 

15 (B) In addition, in the case of an applicant 

16 for a nonimmigrant visa under section 

17 101(a)(15)(K)(i) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(15)(K)(i)) the 

19 Secretary of Homeland Security shall provide to 

20 the Secretary of State, for inclusion in the mail21 ing under subparagraph (A), a copy of the peti22 tion submitted by the petitioner for such appli23 cant under section 214(d) of such Act (8 U.S.C. 

24 1184(d)). 
288 

•HR 3402 RH 

1 (C) The Secretary of Homeland Security 

2 shall provide to the Secretary of State any 

3 criminal background information the Secretary 

4 of Homeland Security possesses with respect to a 

5 petitioner under such section 214(d). The Sec6 retary of State, in turn, shall share any such 

7 criminal background information that is in the 

8 public record with the nonimmigrant visa appli9 cant who is the beneficiary of the petition. The 

10 visa applicant shall be informed that such crimi11 nal background information is based on avail12 able records and may not be complete. The Sec13 retary of State also shall provide for the disclo14 sure of such criminal background information to 

15 the visa applicant at the consular interview in 

16 the primary language of the visa applicant. 

17 Nothing in this subparagraph shall be construed 

18 to authorize the Secretary of Homeland Security 

19 to conduct any new or additional criminal back20 ground check that is not otherwise conducted in 

21 the course of adjudicating such petitions. 

22 (2) CONSULAR INTERVIEWS.—The pamphlet shall 

23 be distributed directly to K nonimmigrant visa appli24 cants at all consular interviews for such visas. The 

25 consular officer conducting the visa interview shall re-
289 

•HR 3402 RH 

1 view the pamphlet and summary with the applicant 

2 orally in the applicant’s primary language, in addi3 tion to distributing the pamphlet to the applicant in 

4 English. 

5 (3) CONSULAR ACCESS.—The pamphlet shall be 

6 made available to the public at all consular posts. 

7 Summaries of the pamphlets under subsection (c) 

8 shall be made available to foreign service officers at 

9 all consular posts. 

10 (4) POSTING ON STATE DEPARTMENT

11 WEBSITE.—The pamphlet shall be posted on the 

12 website of the Department of State as well as on the 

13 websites of all consular posts processing K non14 immigrant visa applications. 

15 (f) K NONIMMIGRANT DEFINED.—For purposes of this 

16 section, the term ‘‘K nonimmigrant visa’’ means a non17 immigrant visa under clause (i) or (ii) of section 

18 101(a)(15)(K) of the Immigration and Nationality Act (8 

19 U.S.C. 1101(a)(15)(K)). 

20 SEC. 923. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to the Sec22 retary of Homeland Security such sums as may be nec23 essary to provide for adjudication of petitions and adjust24 ment applications of VAWA petitioners (as defined in sec25 tion 101(a)(51) of the Immigration and Nationality Act, 
290 

•HR 3402 RH 

1 as added by section 911(a)) and of aliens seeking status 

2 as nonimmigrants under subparagraph (T) or (U) of sec3 tion 101(a)(15) of such Act. 

4 Subtitle C—Miscellaneous 

5 Provisions 

6 SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE7 QUIREMENT FOR BATTERED ADOPTED CHIL8 DREN. 

9 (a) IN GENERAL.—Section 101(b)(1)(E)(i) of the Im10 migration and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) 

11 is amended by inserting after ‘‘at least two years’’ the fol12 lowing: ‘‘or if the child has been battered or subject to ex13 treme cruelty by the adopting parent or by a family mem14 ber of the adopting parent residing in the same household’’. 

15 (b) CONFORMING NATURALIZATION AMENDMENT.— 

16 Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 

17 amended by inserting before the period at the end the fol18 lowing: ‘‘or the child is residing in the United States pursu19 ant to a lawful admission for permanent residence and has 

20 been battered or subject to extreme cruelty by the citizen 

21 parent or by a family member of the citizen parent residing 

22 in the same household ’’ 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 section shall take effect on the date of the enactment of this 
291 

•HR 3402 RH 

1 Act and shall apply to applications pending or filed on or 

2 after such date. 

3 SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMIS4 SIBILITY FOR VAWA PETITIONERS. 

5 (a) WAIVER OF FALSE CLAIM OF U.S. CITIZENSHIP.— 

6 (1) IN GENERAL.—Section 212(i)(1) of such Act 

7 (8 U.S.C. 1182(i)(1)) is amended by inserting ‘‘(and, 

8 in the case of a VAWA petitioner who demonstrates 

9 a connection between the false claim of United States 

10 citizenship and the petitioner being subjected to bat11 tery or extreme cruelty, clause (ii))’’ after ‘‘clause 

12 (i)’’. 

13 (2) CONFORMING REFERENCE.—Section 

14 212(a)(6)(C)(iii) of such Act (8 U.S.C. 

15 1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 

16 (i)’’ and inserting ‘‘clauses (i) and (ii)’’. 

17 (b) EXEMPTION FROM PUBLIC CHARGE GROUND.— 

18 (1) IN GENERAL.—Section 212(a)(4) of such Act 

19 (8 U.S.C. 1182(a)(4)) is amended by adding at the 

20 end the following new subparagraph: 

21 ‘‘(E) SPECIAL RULE FOR BATTERED

22 ALIENS.—Subparagraphs (A) through (C) shall 

23 not apply to an alien who is a VAWA petitioner 

24 or is a qualified alien described in section 431(c) 
292 

•HR 3402 RH 

1 of the Personal Responsibility and Work Oppor2 tunity Reconciliation Act of 1996.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 212(a)(4)(C)(i) of such Act (8 U.S.C. 

5 1182(a)(4)(C)(i)) is amended to read as follows: 

6 ‘‘(i) the alien is described in subpara7 graph (E); or’’. 

8 (c) EFFECTIVE DATE.—Except as provided in this sec9 tion, the amendments made by this section shall take effect 

10 on the date of the enactment of this Act and shall apply 

11 regardless of whether the conviction was entered, crime, or 

12 disqualifying event occurred before, on, or after such date. 

13 SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED 

14 SPOUSES OF CERTAIN NONIMMIGRANTS. 

15 (a) IN GENERAL.—Section 214(c) of the Immigration 

16 and Nationality Act (8 U.S.C. 1184(c)), as amended by sec17 tions 403(a) and 404(a) of the REAL ID Act of 2005 (divi18 sion B of Public Law 109–13), is amended by adding at 

19 the end the following new paragraph: 

20 ‘‘(15) In the case of an alien spouse admitted under 

21 subparagraph (A), (E)(iii), (G), or (H) of section 

22 101(a)(15) who is accompanying or following to join a 

23 principal alien admitted under subparagraph (A), (E)(iii), 

24 (G), or (H)(i) of such section, respectively, the Secretary 

25 of Homeland Security shall authorize the alien spouse to 
293 

•HR 3402 RH 

1 engage in employment in the United States and provide 

2 the spouse with an ‘employment authorized’ endorsement or 

3 other appropriate work permit if the alien spouse dem4 onstrates that during the marriage the alien spouse or a 

5 child of the alien spouse has been battered or has been the 

6 subject to extreme cruelty perpetrated by the spouse of the 

7 alien spouse. Requests for relief under this paragraph shall 

8 be handled under the procedures that apply to aliens seeking 

9 relief under section 204(a)(1)(A)(iii).’’. 

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect on the date of the enactment 

12 of this Act and shall apply to aliens who obtained the status 

13 of an alien spouse before, on, or after such date. 

14 SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDI15 TIONAL PERMANENT RESIDENCE FOR IN16 TENDED SPOUSES. 

17 (a) IN GENERAL.—Section 216(c)(4) of the Immigra18 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend19 ed— 

20 (1) by striking ‘‘or’’ at the end of subparagraph 

21 (B); 

22 (2) by striking the period at the end of subpara23 graph (C) and inserting ‘‘, or’’; and 

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph: 
294 

•HR 3402 RH 

1 ‘‘(D) the alien meets the requirements under 

2 section 204(a)(1)(A)(iii)(II)(aa)(BB) and fol3 lowing the marriage ceremony has been battered 

4 by or was subject to extreme cruelty perpetrated 

5 by his or her intended spouse and was not at 

6 fault in failing to meet the requirements of para7 graph (1).’’. 

8 (b) EFFECTIVE DATE.—The amendments made by sub9 section (a) shall apply as if included in the enactment of 

10 VAWA–2000. 

11 SEC. 935. CANCELLATION OF REMOVAL. 

12 (a) CLARIFYING APPLICATION OF DOMESTIC VIOLENCE

13 WAIVER AUTHORITY IN CANCELLATION OF REMOVAL.— 

14 (1) IN GENERAL.—Section 240A(b) of the Immi15 gration and Nationality Act (8 U.S.C. 1229b(b)) is 

16 amended— 

17 (A) in paragraph (1)(C)— 

18 (i) by inserting ‘‘subject to paragraph 

19 (5),’’ after ‘‘(C)’’; and 

20 (ii) by striking ‘‘(except in a case de21 scribed in section 237(a)(7) where the Attor22 ney General exercises discretion to grant a 

23 waiver)’’; 

24 (B) in paragraph (2)(A), by amending 

25 clause (iv) to read as follows: 
295 

•HR 3402 RH 

1 ‘‘(iv) subject to paragraph (5), the 

2 alien is not inadmissible under paragraph 

3 (2) or (3) of section 212(a), is not remov4 able under paragraph (2), (3)(D), or (4) of 

5 section 237(a), and is not removable under 

6 section 237(a)(1)(G) (except if there was a 

7 connection between the marriage fraud de8 scribed in such section and the battery or 

9 extreme cruelty described in clause (i)); 

10 and’’; and 

11 (C) by adding at the end the following new 

12 paragraph: 

13 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE WAIV14 ER AUTHORITY.—The provisions of section 237(a)(7) 

15 shall apply in the application of paragraphs (1)(C) 

16 and (2)(A)(iv) (including waiving grounds of deport17 ability) in the same manner as they apply under sec18 tion 237(a). In addition, for purposes of such para19 graphs and in the case of an alien who has been bat20 tered or subjected to extreme cruelty and if there was 

21 a connection between the inadmissibility or deport22 ability and such battery or cruelty with respect to the 

23 activity involved, the Attorney General may waive, in 

24 the sole unreviewable discretion of the Attorney Gen25 eral, any other ground of inadmissibility or deport-
296 

•HR 3402 RH 

1 ability for which a waiver is authorized under section 

2 212(h), 212(d)(13), 212(d)(14), or 237(a)(2)(A)(v), 

3 and the exception described in section 204(a)(1)(C) 

4 shall apply.’’. 

5 (2) EFFECTIVE DATE.—The amendments made 

6 by paragraph (1) shall apply as if included in the en7 actment of section 1504(a) of VAWA–2000. 

8 (b) CLARIFYING NONAPPLICATION OF CANCELLATION

9 CAP.— 

10 (1) IN GENERAL.—Section 240A(e)(3) of the Im11 migration and Nationality Act (8 U.S.C. 1229b(e)(3)) 

12 is amended by adding at the end the following new 

13 subparagraph: 

14 ‘‘(C) Aliens with respect to their cancella15 tion of removal under subsection (b)(2).’’. 

16 (2) EFFECTIVE DATE.—The amendment made by 

17 paragraph (1) shall apply to cancellations of removal 

18 occurring on or after October 1, 2004. 

19 SEC. 936. MOTIONS TO REOPEN. 

20 (a) REMOVAL PROCEEDINGS.— 

21 (1) IN GENERAL.—Section 240(c)(7) of the Im22 migration and Nationality Act (8 U.S.C. 1230(c)(7)), 

23 as redesignated by section 101(d)(1) of the REAL ID 

24 Act of 2005 (division B of Public Law 109–13), is 

25 amended— 
297 

•HR 3402 RH 

1 (A) in subparagraph (A), by inserting ‘‘, 

2 except that this limitation shall not apply so as 

3 to prevent the filing of one motion to reopen de4 scribed in subparagraph (C)(iv)’’ before the pe5 riod at the end; and 

6 (B) in subparagraph (C)— 

7 (i) in the heading of clause (iv), by 

8 striking ‘‘SPOUSES AND CHILDREN’’ and in9 serting ‘‘SPOUSES, CHILDREN, AND PAR10 ENTS’’; 

11 (ii) in the matter before subclause (I) 

12 of clause (iv), by striking ‘‘The deadline 

13 specified in subsection (b)(5)(C) for filing a 

14 motion to reopen does not apply’’ and in15 serting ‘‘Any limitation under this section 

16 on the deadlines for filing such motions 

17 shall not apply’’; 

18 (iii) in clause (iv)(I), by inserting ‘‘or 

19 section 244(a)(3) (as in effect on March 31, 

20 1997)’’ after ‘‘section 240A(b)(2)’’; 

21 (iv) by striking ‘‘and’’ at the end of 

22 clause (iv)(II); 

23 (v) by striking the period at the end of 

24 clause (iv)(III) and inserting ‘‘; and’’; and 

25 (vi) by adding at the end the following: 
298 

•HR 3402 RH 

1 ‘‘(IV) if the alien is physically 

2 present in the United States at the 

3 time of filing the motion. 

4 The filing of a motion to reopen under this 

5 clause shall stay the removal of the alien 

6 pending final disposition of the motion in7 cluding exhaustion of all appeals if the mo8 tion establishes a prima facie case for the 

9 relief applied for.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall take effect on the date of the 

12 enactment of this Act. 

13 (b) DEPORTATION AND EXCLUSION PROCEEDINGS.— 

14 (1) IN GENERAL.—Section 1506(c)(2) of VAWA– 

15 2000 is amended— 

16 (A) in the matter before clause (i) of sub17 paragraph (A), by striking ‘‘Notwithstanding 

18 any limitation imposed by law on motions to re19 open or rescind deportation’’ inserting ‘‘Notwith20 standing any limitation on the number of mo21 tions, or the deadlines for filing motions (includ22 ing the deadline specified in section 242B(c)(3) 

23 of the Immigration and Nationality Act before 

24 the title III–A effective date), to reopen or re25 scind deportation or exclusion’’; 
299 

•HR 3402 RH 

1 (B) in the matter before clause (i) of sub2 paragraph (A), by striking ‘‘there is no time 

3 limit on the filing of a motion’’ and all that fol4 lows through ‘‘does not apply’’ and inserting 

5 ‘‘such limitations shall not apply to the filing of 

6 a single motion under this subparagraph to re7 open such proceedings’’; 

8 (C) by adding at the end of subparagraph 

9 (A) the following: 

10 ‘‘The filing of a motion under this subparagraph 

11 shall stay the removal of the alien pending a 

12 final disposition of the motion including the ex13 haustion of all appeals if the motion establishes 

14 a prima facie case for the relief applied for.’’; 

15 (D) in subparagraph (B), by inserting ‘‘who 

16 are physically present in the United States and’’ 

17 after ‘‘filed by aliens’’; and 

18 (E) in subparagraph (B)(i), by inserting 

19 ‘‘or exclusion’’ after ‘‘deportation’’. 

20 (2) EFFECTIVE DATE.—The amendments made 

21 by paragraph (1) shall take effect on the date of the 

22 enactment of this Act. 

23 SEC. 937. REMOVAL PROCEEDINGS. 

24 (a) TREATMENT OF BATTERY OR EXTREME CRUELTY

25 AS EXCEPTIONAL CIRCUMSTANCES.—Section 240(e)(1) of 
300 

•HR 3402 RH 

1 such Act (8 U.S.C. 1230(e)(1)) is amended by inserting 

2 ‘‘battery or extreme cruelty of the alien or any child or par3 ent of the alien or’’ after ‘‘exceptional circumstances (such 

4 as’’. 

5 (b) EFFECTIVE DATE.—The amendment made by sub6 section (a) shall take effect on the date of the enactment 

7 of this Act and shall apply to a failure to appear that oc8 curs before, on, or after such date. 

9 SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPOR10 TATION PARALLEL TO THE RELIEF AVAIL11 ABLE IN VAWA–2000 CANCELLATION FOR 

12 BIGAMY. 

13 Section 244(a)(3) of the Immigration and Nationality 

14 Act (as in effect before the title III–A effective date in sec15 tion 309 of the Illegal Immigration Reform and Immigrant 

16 Responsibility Act of 1996) shall be applied as if ‘‘or by 

17 a United States citizen or lawful permanent resident whom 

18 the alien intended to marry, but whose marriage is not le19 gitimate because of that United States citizen’s or perma20 nent resident’s bigamy’’ were inserted after ‘‘by a spouse 

21 or parent who is a United States citizen or lawful perma22 nent resident’’. 
301 

•HR 3402 RH 

1 SEC. 939. CORRECTION OF CROSS-REFERENCE TO CRED2 IBLE EVIDENCE PROVISIONS. 

3 (a) CUBAN ADJUSTMENT PROVISION.—The last sen4 tence of the first section of Public Law 89–732 (November 

5 2, 1966; 8 U.S.C. 1255 note), as amended by section 

6 1509(a) of VAWA–2000, is amended by striking 

7 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

8 (b) NACARA.—Section 202(d)(3) of the Nicaraguan 

9 Adjustment and Central American Relief Act (8 U.S.C. 

10 1255 note; Public Law 105–100), as amended by section 

11 1510(a)(2) of VAWA–2000, is amended by striking 

12 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

13 (c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille14 gal Immigration and Reform and Immigrant Responsi15 bility Act of 1996 (division C of Public Law 104–208; 8 

16 U.S.C. 1101 note), as amended by section 1510(b)(2) of 

17 VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 

18 inserting ‘‘204(a)(1)(J)’’. 

19 (d) HRIFA.—Section 902(d)(1)(B)(iii) of the Haitian 

20 Refugee Immigration Fairness Act of 1998 (division A of 

21 section 101(h) of Public Law 105–277; 112 Stat. 2681– 

22 538), as amended by section 1511(a) of VAWA–2000, is 

23 amended by striking ‘‘204(a)(1)(H)’’ and inserting 

24 ‘‘204(a)(1)(J)’’. 
302 

•HR 3402 RH 

1 (e) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect as if included in the enactment of 

3 VAWA–2000. 

4 SEC. 940. TECHNICAL CORRECTIONS. 

5 (a) TECHNICAL CORRECTIONS TO REFERENCES IN AP6 PLICATION OF SPECIAL PHYSICAL PRESENCE AND GOOD

7 MORAL CHARACTER RULES.— 

8 (1) PHYSICAL PRESENCE RULES.—Section 

9 240A(b)(2)(B) of the Immigration and Nationality 

10 Act (8 U.S.C. 1229b(b)(2)(B)) is amended— 

11 (A) in the first sentence, by striking 

12 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and 

13 (B) in the fourth sentence, by striking ‘‘sec14 tion 240A(b)(2)(B)’’ and inserting ‘‘this sub15 paragraph, subparagraph (A)(ii),’’. 

16 (2) MORAL CHARACTER RULES.—Section 

17 240A(b)(2)(C) of such Act (8 U.S.C. 1229b(b)(2)(C)) 

18 is amended by striking ‘‘(A)(i)(III)’’ and inserting 

19 ‘‘(A)(iii)’’. 

20 (3) EFFECTIVE DATE.—The amendments made 

21 by this subsection shall be effective as if included in 

22 the enactment of section 1504(a) of VAWA (114 Stat. 

23 1522). 

24 (b) CORRECTION OF CROSS-REFERENCE ERROR IN AP25 PLYING GOOD MORAL CHARACTER.— 
303 

•HR 3402 RH 

1 (1) IN GENERAL.—Section 101(f)(3) of the Immi2 gration and Nationality Act (8 U.S.C. 1101(f)(3)) is 

3 amended by striking ‘‘(9)(A)’’ and inserting 

4 ‘‘(10)(A)’’. 

5 (2) EFFECTIVE DATE.—The amendment made by 

6 paragraph (1) shall be effective as if included in the 

7 enactment of the Illegal Immigration Reform and Im8 migrant Responsibility Act of 1996 (Public Law 104– 

9 208). 

10 (c) PUNCTUATION CORRECTION.—Effective as if in11 cluded in the enactment of section 5(c)(2) of VAWA–2000, 

12 section 237(a)(1)(H)(ii) of the Immigration and Nation13 ality Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by strik14 ing the period at the end and inserting ‘‘; or’’. 

15 (d) CORRECTION OF DESIGNATION AND INDENTA16 TION.—The last sentence of section 212(a)(9)(C)(ii) of the 

17 Immigration and Nationality Act (8 U.S.C. 

18 1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA– 

19 2000, is amended— 

20 (1) by striking ‘‘section 212(a)(9)(C)(i)’’ and in21 serting ‘‘clause (i)’’; 

22 (2) by redesignating paragraphs (1) and (2), 

23 and subparagraphs (A) through (D) of paragraph (2), 

24 as subclauses (I) and (II), and items (aa) through 

25 (dd) of subclause (II), respectively; and 
304 

•HR 3402 RH 

1 (3) by moving the margins of each of such para2 graphs and subparagraphs 6 ems to the right. 

3 (e) ADDITIONAL TECHNICAL CORRECTIONS.—(1) Sec4 tion 237(a)(7)(A)(i)(I) of such Act (8 U.S.C. 

5 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is self-defense’’ 

6 and inserting ‘‘in self-defense’’. 

7 (2) Section 245(l)(2)(B) of such Act (8 U.S.C. 

8 1255(l)(2)(B)) is amended by striking ‘‘(10(E))’’ and in9 serting ‘‘(10)(E))’’. 

10 TITLE X—SAFETY ON TRIBAL 

11 LANDS 

12 SEC. 1001. PURPOSES. 

13 The purposes of this title are— 

14 (1) to decrease the incidence of domestic violence, 

15 dating violence, sexual assault, and stalking on Tribal 

16 lands; 

17 (2) to strengthen the capacity of Indian tribes to 

18 exercise their sovereign authority to respond to domes19 tic violence, dating violence, sexual assault, and stalk20 ing on Tribal lands under their jurisdiction; and 

21 (3) to ensure that perpetrators of domestic vio22 lence, dating violence, sexual assault, and stalking on 

23 Tribal lands are held accountable for their criminal 

24 behavior. 
305 

•HR 3402 RH 

1 SEC. 1002. CONSULTATION. 

2 (a) IN GENERAL.—The Secretary of the Interior and 

3 the Attorney General shall each conduct annual consulta4 tions with Indian tribal governments concerning the Fed5 eral administration of tribal funds and programs estab6 lished under the Violence Against Women Act of 1994 (title 

7 IV of Public Law 103–322) and the Violence Against 

8 Women Act of 2000 (division B of Public Law 106–386), 

9 including consultation concerning— 

10 (1) the timeliness of the Federal grant applica11 tion and award processes; 

12 (2) the amounts awarded under each program 

13 directly to tribal governments, tribal organizations, 

14 and tribal nonprofit organizations; 

15 (3) determinations not to award grant funds; 

16 (4) grant awards made in violation of the eligi17 bility guidelines to a nontribal entity; and 

18 (5) training, technical assistance, and data col19 lection grants for tribal grant programs or programs 

20 addressing the safety of Indian women. 

21 (b) RECOMMENDATIONS.—During consultations under 

22 subsection (a), the Secretary and the Attorney General shall 

23 solicit recommendations from Indian tribes concerning— 

24 (1) administering tribal funds and programs; 
306 

•HR 3402 RH 

1 (2) enhancing the safety of Indian women from 

2 domestic violence, dating violence, sexual assault, and 

3 stalking; and 

4 (3) strengthening the Federal response to such 

5 violent crimes. 

6 SEC. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON 

7 TRIBAL LANDS. 

8 (a) NATIONAL BASELINE STUDY.—The Attorney Gen9 eral, acting through the Director of the Office on Violence 

10 Against Women, shall conduct a national baseline study to 

11 examine violence against Indian women. 

12 (b) SCOPE.— 

13 (1) IN GENERAL.—The study shall examine vio14 lence committed against Indian women, including— 

15 (A) domestic violence; 

16 (B) dating violence; 

17 (C) sexual assault; 

18 (D) stalking; and 

19 (E) murder. 

20 (2) EVALUATION.—The study shall evaluate the 

21 effectiveness of Federal, State, tribal, and local re22 sponses to the violations described in paragraph (1) 

23 committed against Indian women. 

24 (c) TASK FORCE.— 
307 

•HR 3402 RH 

1 (1) IN GENERAL.—The Attorney General, acting 

2 through the Director of the Office on Violence Against 

3 Women, shall establish a task force to assist in the de4 velopment and implementation of the study under 

5 subsection (a). 

6 (2) MEMBERS.—The Director shall appoint to 

7 the task force representatives from— 

8 (A) national tribal domestic violence and 

9 sexual assault nonprofit organizations; 

10 (B) tribal governments; and 

11 (C) the National Congress of American In12 dians. 

13 (d) REPORT.—Not later than 2 years after the date 

14 of enactment of this Act, the Attorney General shall submit 

15 to Congress a report that describes the findings made in 

16 the study. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $1,000,000 for each of fiscal years 2006 and 2007, to re20 main available until expended. 

21 SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS. 

22 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

23 DATABASES.—Section 534 of title 28, United States Code, 

24 is amended— 
308 

•HR 3402 RH 

1 (1) by redesignating subsections (d) and (e) as 

2 subsection (e) and (f); and 

3 (2) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The At6 torney General shall permit Indian law enforcement agen7 cies, in cases of domestic violence, dating violence, sexual 

8 assault, and stalking, to enter information into Federal 

9 criminal information databases and to obtain information 

10 from the databases, including information relating to— 

11 ‘‘(1) identification records; 

12 ‘‘(2) criminal history records; 

13 ‘‘(3) protection orders; and 

14 ‘‘(4) wanted person records.’’. 

15 (b) TRIBAL REGISTRY.— 

16 (1) ESTABLISHMENT.—The Attorney General 

17 shall contract with any interested Indian tribe, tribal 

18 organization, or tribal nonprofit organization to de19 velop and maintain— 

20 (A) a national tribal sex offender registry; 

21 and 

22 (B) a tribal protection order registry con23 taining civil and criminal orders of protection 

24 issued by Indian tribes and participating juris25 dictions. 
309 

•HR 3402 RH 

1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this section $1,000,000 for each of fiscal years 2006 

4 through 2010, to remain available until expended. 

5 SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE 

6 AGAINST WOMEN. 

7 Part T of the Omnibus Crime Control and Safe Streets 

8 Act of 1968 is amended by adding after section 2015 (as 

9 added by section 604 of this Act) the following: 

10 ‘‘SEC. 2016. TRIBAL DIVISION. 

11 ‘‘(a) IN GENERAL.—The Director of the Office on Vio12 lence Against Women shall designate one or more employees, 

13 each of whom shall have demonstrated expertise in tribal 

14 law and practice regarding domestic violence, dating vio15 lence, sexual assault, and stalking against members of In16 dian tribes, to be responsible for— 

17 ‘‘(1) overseeing and managing the administra18 tion of grants to and contracts with Indian tribes, 

19 tribal courts, tribal organizations, tribal nonprofit or20 ganizations and the territories; 

21 ‘‘(2) ensuring that, if a grant or a contract pur22 suant to such a grant is made to an organization to 

23 perform services that benefit more than one Indian 

24 tribe, the approval of each Indian tribe to be benefited 
310 

•HR 3402 RH 

1 shall be a prerequisite to the making of the grant or 

2 letting of the contract; 

3 ‘‘(3) assisting in the development of Federal pol4 icy, protocols, and guidelines on matters relating to 

5 domestic violence, dating violence, sexual assault, and 

6 stalking against members of Indian tribes; 

7 ‘‘(4) advising the Director of the Office on Vio8 lence Against Women concerning policies, legislation, 

9 implementation of laws, and other issues relating to 

10 domestic violence, dating violence, sexual assault, and 

11 stalking against members of Indian tribes; 

12 ‘‘(5) representing the Office on Violence Against 

13 Women in the annual consultations under section 

14 1002 of the Violence Against Women Reauthorization 

15 Act of 2005; 

16 ‘‘(6) providing assistance to the Department of 

17 Justice to develop policy and to enforce Federal law 

18 relating to domestic violence, dating violence, sexual 

19 assault, and stalking against members of Indian 

20 tribes; 

21 ‘‘(7) maintaining a liaison with the judicial 

22 branches of Federal, State and tribal governments on 

23 matters relating to domestic violence, dating violence, 

24 sexual assault, and stalking against members of In25 dian tribes; and 
311 

•HR 3402 RH 

1 ‘‘(8) ensuring that adequate tribal training, tech2 nical assistance, and data collection is made available 

3 to Indian tribes, tribal courts, tribal organizations, 

4 and tribal nonprofit organizations for all programs 

5 relating to domestic violence, dating violence, sexual 

6 assault, and stalking against members of Indian 

7 tribes. 

8 ‘‘(b) AUTHORITY.— 

9 ‘‘(1) IN GENERAL.—The Director shall ensure 

10 that a portion of the tribal set-aside funds from any 

11 grant awarded under the Violence Against Women 

12 Act of 1994 (title IV of Public Law 103–322) or the 

13 Violence Against Women Act of 2000 (division B of 

14 Public Law 106–386) is used to enhance the capacity 

15 of Indian tribes to address the safety of members of 

16 Indian tribes. 

17 ‘‘(2) ACCOUNTABILITY.—The Director shall en18 sure that some portion of the tribal set-aside funds 

19 from any grant made under this part is used to hold 

20 offenders accountable through— 

21 ‘‘(A) enhancement to the response of Indian 

22 tribes to crimes of domestic violence, dating vio23 lence, sexual assault, and stalking against In24 dian women, including legal services for victims 

25 and Indian-specific offender programs; 
312 

•HR 3402 RH 

1 ‘‘(B) development and maintenance of tribal 

2 domestic violence shelters or programs for bat3 tered members of Indian tribes, including sexual 

4 assault services, that are based upon the unique 

5 circumstances of the members of Indian tribes to 

6 be served; 

7 ‘‘(C) development of tribal educational 

8 awareness programs and materials; 

9 ‘‘(D) support for customary tribal activities 

10 to strengthen the intolerance of an Indian tribe 

11 to violence against memberes of Indian tribes; 

12 and 

13 ‘‘(E) development, implementation, and 

14 maintenance of tribal electronic databases for 

15 tribal protection order registries. 

16 ‘‘SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS 

17 PROGRAM. 

18 ‘‘(a) ESTABLISHMENT.— 

19 ‘‘(1) IN GENERAL.—Of the amounts set aside for 

20 Indian tribes and tribal organizations in a program 

21 referred to in paragraph (2), the Attorney General, 

22 through the Director of the Office of Violence Against 

23 Women (referred to in this section as the ‘‘Director’’), 

24 shall take such setasides and combine them to estab25 lish the Safety for Indian Women Formula Grants 
313 

•HR 3402 RH 

1 Program, a single formula grant program to enhance 

2 the response of Indian tribal governments to address 

3 domestic violence, sexual assault, dating violence, and 

4 stalking. Grants made under this program shall be 

5 administered by the Tribal Division of the Office on 

6 Violence Against Women. 

7 ‘‘(2) PROGRAMS COVERED.—The programs cov8 ered by paragraph (1) are the programs carried out 

9 under the following provisions: 

10 ‘‘(A) Section 2007 (42 U.S.C. 3796gg–1), 

11 Grants to Combat Violent Crimes Against 

12 Women. 

13 ‘‘(B) Section 2101 (42 U.S.C. 3796hh), 

14 Grants to Encourage Arrest Policies. 

15 ‘‘(C) Section 1201 of the Violence Against 

16 Women Act of 2000 (42 U.S.C. 3796gg–6), Legal 

17 Assistance for Victims. 

18 ‘‘(D) Section 1301 of the Violence Against 

19 Women Act of 2000 (42 U.S.C. 10420), Safe Ha20 vens for Children Pilot Program. 

21 ‘‘(E) Section 40295 of the Violence Against 

22 Women Act of 1994 (42 U.S.C. 13971), Rural 

23 Domestic Violence and Child Abuser Enforce24 ment Assistance. 
314 

•HR 3402 RH 

1 ‘‘(F) Section 41002 of the Violence Against 

2 Women Act of 1994, Grants for Court Training 

3 and Improvements. 

4 ‘‘(G) Section 2014(b), Sexual Assault Serv5 ices Program, Grants to States, Territories and 

6 Indian Tribes. 

7 ‘‘(H) Title VII, section 41201, Grants for 

8 Training and Collaboration on the Intersection 

9 Between Domestic Violence and Child Maltreat10 ment. Section 41202, Services to Advocate For 

11 and Respond to Teens. 

12 ‘‘(I) Section 704, Grants to Combat Domes13 tic Violence, Dating Violence, Sexual Assault, 

14 and Stalking In Middle And High Schools. 

15 ‘‘(b) PURPOSE OF PROGRAM AND GRANTS.— 

16 ‘‘(1) GENERAL PROGRAM PURPOSE.—The pur17 pose of the program required by this section is to as18 sist Indian tribal governments to develop and enhance 

19 effective governmental strategies to curtail violent 

20 crimes against and increase the safety of members of 

21 Indian tribes consistent with tribal law and custom, 

22 specifically the following: 

23 ‘‘(A) To increase tribal capacity to respond 

24 to domestic violence, dating violence, sexual as-
315 

•HR 3402 RH 

1 sault, and stalking crimes against members of 

2 Indian tribes. 

3 ‘‘(B) To strengthen tribal justice interven4 tions including tribal law enforcement, prosecu5 tion, courts, probation, correctional facilities; 

6 and enhance services to members of Indian tribes 

7 victimized by domestic violence, dating violence, 

8 sexual assault, and stalking. 

9 ‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE

10 USED.—The Director may make grants to Indian 

11 tribes for the purpose of enhancing participating 

12 tribes’ capacity to address the safety of members of 

13 Indian tribes. Each participating tribe shall exercise 

14 its right of self-determination and self-governance in 

15 allocating and using funds made available under the 

16 program. Each participating tribe may use funds 

17 under the program to support its specific tribally 

18 based response to increasing the safety of members of 

19 Indian tribes. Grants under the program shall sup20 port the governmental efforts identified by the Indian 

21 tribe required according to its distinctive ways of life 

22 to increase the safety of members of Indian tribes 

23 from crimes of sexual assault, domestic violence, dat24 ing violence, stalking, kidnapping, and murder. 
316 

•HR 3402 RH 

1 ‘‘(c) DISBURSEMENT.—Not later than 120 days after 

2 the receipt of an application under this section, the Attor3 ney General, through the Director, shall— 

4 ‘‘(1) disburse the appropriate sums provided for 

5 under this section; or 

6 ‘‘(2) inform the Indian tribe why the application 

7 does not conform to the terms of the application re8 quirements. 

9 ‘‘(d) REQUIRED PROCEDURES.— 

10 ‘‘(1) DEADLINE TO PROVIDE NOTICE.—No later 

11 than 60 days after receiving an appropriation of 

12 funds supporting the program required by this sec13 tion, Director shall— 

14 ‘‘(A) publish in the Federal Register notifi15 cation of— 

16 ‘‘(i) the availability of those funds to 

17 Indian tribes; 

18 ‘‘(ii) the total amount of funds avail19 able; and 

20 ‘‘(iii) the process by which tribes may 

21 participate in the program; and 

22 ‘‘(B) mail each Indian tribe a notification 

23 of the matters required by subparagraph (A), to24 gether with instructions on the process, copies of 
317 

•HR 3402 RH 

1 application forms, and a notification of the 

2 deadline for submission of an application. 

3 ‘‘(2) DEADLINE TO MAKE FUNDS AVAILABLE.— 

4 No later than 180 days after receiving an appropria5 tion referred to in paragraph (1), the Director shall 

6 distribute and make accessible those funds to Indian 

7 tribes opting to participate in the program. 

8 ‘‘(3) FORMULA.—The Director shall distribute 

9 those funds according to the following formula: 

10 ‘‘(A) 60 percent of the available funds shall 

11 be allocated equally to all Indian tribes who ex12 ercise the option to access the funds. 

13 ‘‘(B) The remaining 40 percent shall be al14 located to the same Indian tribes on a per capita 

15 basis, according to the population residing in the 

16 respective Indian tribe’s service area. 

17 ‘‘(4) SET-ASIDE.—No later than 120 days after 

18 receiving an appropriation referred to in paragraph 

19 (1), the Director shall set aside not less than 5 percent 

20 and up to 7 percent of the total amount of those funds 

21 for the purpose of entering into a cooperative agree22 ment or contract with one or more tribal organiza23 tions with demonstrated expertise in providing train24 ing and technical assistance to Indian tribes in ad25 dressing domestic violence, dating violence, sexual as-
318 

•HR 3402 RH 

1 sault, and stalking against members of Indian tribes, 

2 tribal law, and customary pratices. At least one of the 

3 cooperative agreements or contracts shall be entered 

4 into with a single tribal organization to provide com5 prehensive technical assistance to participating tribal 

6 governments. Such training and technical assistance 

7 shall be specifically designed to address the unique 

8 legal unique legal status, distinct cultural ways of 

9 life, and geographic circumstances of the Indian 

10 tribes receiving funds under the program. 

11 ‘‘(e) RECIPIENT REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—Indian tribes may receive 

13 funds under the program required by this section as 

14 individual tribes or as a consortium of tribes. 

15 ‘‘(2) SUBGRANTS AND OTHER ARRANGEMENTS.— 

16 Participating tribes may make subgrants or enter 

17 into contracts or cooperative agreements with the 

18 funds under the program to enhance the safety of, and 

19 end domestic violence, dating violence, sexual assault, 

20 and stalking against, members of Indian tribes. 

21 ‘‘(3) SET ASIDE.—Participating tribes must set 

22 aside no less than 50 percent of their total allocation 

23 under this section for tribally specific domestic vio24 lence, dating violence, sexual assault, or stalking vic25 tim services and advocacy for members of Indian 
319 

•HR 3402 RH 

1 tribes. The services supported with funds under the 

2 program must be designed to address the unique cir3 cumstances of the individuals to be served, including 

4 the customary practices and linguistic needs of the in5 dividuals within the tribal community to be served. 

6 Tribes shall give preference to tribal organizations or 

7 tribal nonprofit organizations providing advocacy 

8 services to members of Indian tribes within the com9 munity to be served such as a safety center or shelter 

10 program for members of Indian tribes. In the case 

11 where the above organizations do not exist within the 

12 participating tribe, the participation and support 

13 from members of Indian tribes in the community to 

14 be served is sufficient to meet this requirement. 

15 ‘‘(f) ADMINISTRATION REQUIREMENTS.— 

16 ‘‘(1) APPLICATION.—To reduce the administra17 tive burden for Indian tribes, the Director shall pre18 pare an expedited application process for Indian 

19 tribes participating in the program required by this 

20 section. The expedited process shall facilitate partici21 pating tribes’ submission of information— 

22 ‘‘(A) outlining project activities; 

23 ‘‘(B) describing how the project activities 

24 will enhance the Indian tribe’s response to do25 mestic violence, dating violence, sexual assault, 
320 

•HR 3402 RH 

1 and stalking against members of Indian tribes; 

2 and 

3 ‘‘(C) identifying the tribal partner pro4 viding advocacy and related services for members 

5 of Indian tribes who are victims of crimes of do6 mestic violence, dating violence, sexual assault, 

7 and stalking. 

8 ‘‘(2) REPORTING AND EVALUATION.—The Direc9 tor shall alleviate administrative burdens upon par10 ticipating Indian tribes by— 

11 ‘‘(A) developing a reporting and evaluation 

12 process relevant to the distinct governance of In13 dian tribes; 

14 ‘‘(B) requiring only essential data to be col15 lected; and 

16 ‘‘(C) limiting reporting to an annual basis. 

17 ‘‘(3) GRANT PERIOD.—The Director shall award 

18 grants for a two-year period, with a possible exten19 sion of another two years to implement projects under 

20 the grant. 

21 ‘‘(g) PRESUMPTION THAT MATCHING FUNDS NOT RE22 QUIRED.— 

23 ‘‘(1) IN GENERAL.—Given the unique political 

24 relationship between the United States and Indian 

25 tribes differentiates tribes from other entities that deal 
321 

•HR 3402 RH 

1 with or are affected by, the Federal Government, the 

2 Director shall not require an Indian tribe to match 

3 funds under this section, except as provided in para4 graph (2). 

5 ‘‘(2) EXCEPTION.—If the Director determines 

6 that an Indian tribe has adequate resources to comply 

7 with a matching requirement that would otherwise 

8 apply but for the operation of paragraph (1), the Di9 rector may waive the operation of paragraph (1) for 

10 that tribe. 

11 ‘‘(h) EVALUATION.—The Director shall award a con12 tract or cooperative agreement to evaluate programs under 

13 this section to an entity with the demonstrated expertise 

14 in domestic violence, dating violence, sexual assault, and 

15 stalking and knowledge and experience in— 

16 ‘‘(1) the development and delivery of services to 

17 members of Indian tribes who are victimized; 

18 ‘‘(2) the development and implementation of 

19 tribal governmental responses to such crimes; and 

20 ‘‘(3) the traditional and customary practices of 

21 Indian tribes to such crimes.’’. 
322 

•HR 3402 RH 

1 SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF 

2 PROSECUTION OF SEXUAL ASSAULT AND DO3 MESTIC VIOLENCE ON TRIBAL LANDS. 

4 (a) IN GENERAL.—Not later than 1 year after the date 

5 of enactment of this section, the Comptroller General of the 

6 United States shall submit to the Congress a report on the 

7 prosecution of sexual assault and domestic violence com8 mitted against adult American Indians and Alaska Na9 tives. 

10 (b) CONTENTS OF REPORT.—The report required by 

11 subsection (a) shall include the following: 

12 (1) An assessment of the effectiveness of prosecu13 tion of such cases by the United States district attor14 neys of such cases. 

15 (2) For each district containing Indian country, 

16 a summary of the number of sexual assault and do17 mestic violence related cases within Federal criminal 

18 jurisdiction and charged according to the following 

19 provisions of title 18, United States Code: Sections 

20 1153, 1152, 113, 2261(a)(1)(2), 2261A(1), 2261A(2), 

21 and 922(g)(8). 

22 (3) A summary of the number of— 

23 (A) reports received; 

24 (B) investigations conducted; 

25 (C) declinations and basis for declination; 
323 

•HR 3402 RH 

1 (D) prosecutions, including original charge 

2 and final disposition; 

3 (E) sentences imposed upon conviction; and 

4 (F) male victims, female victims, Indian 

5 defendants, and non-Indian defendants. 

6 (4) The priority assigned by the district to the 

7 prosecution of such cases and the percentage of such 

8 cases prosecuted to total cases prosecuted. 

9 (5) Any recommendations by the Comptroller 

10 General for improved Federal prosecution of such 

11 cases. 

12 (c) YEARS COVERED.—The report required by this sec13 tion shall cover the years 2000 through 2005. 
Union Calendar No. 129 

109TH CONGRESS 

1ST SESSION H. R. 3402 

[Report No. 109–233] 

A BILL 

To authorize appropriations for the Department of 

for other purposes. Justice for fiscal years 2006 through 2009, and 

SEPTEMBER 22, 2005 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,