I 

109TH CONGRESS 

1ST SESSION H. R. 3402

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 

A BILL

To authorize appropriations for the Department of Justice 

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

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 

5 ‘‘Department of Justice Appropriations Authorization Act, 

6 Fiscal Years 2006 through 2009’’. 

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

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 
2

•HR 3402 IH 

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. 

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. Congressional medal and plaque for public safety officers who responded to the attacks on the United States on September 11, 

2001. 

Sec. 204. Clarification of official to be consulted by Attorney General in considering application for emergency Federal law enforcement assistance. 

Sec. 205. Clarification of uses for regional information sharing system grants. 

Sec. 206. Integrity and enhancement of national criminal record databases. 

Sec. 207. Extension of matching grant program for law enforcement armor 

vests. 

Subtitle B—Building Community Capacity to Prevent, Reduce, and Control 

Crime 

Sec. 211. Office of Weed and Seed Strategies. 

Subtitle C—Assisting Victims of Crime 

Sec. 221. Grants to local nonprofit organizations to improve outreach services 

to victims of crime. 

Sec. 222. Clarification and enhancement of certain authorities relating to Crime 

Victims Fund. 

Sec. 223. Amounts received under crime victim grants may be used by State 

for training purposes. 

Sec. 224. Clarification of authorities relating to Violence Against Women formula and discretionary grant programs. 

Sec. 225. Expansion of grant programs assisting enforcement of domestic violence cases to also assist enforcement of sexual assault cases. 

Sec. 226. Change of certain reports from annual to biennial. 

Sec. 227. Clarification of recipients and programs eligible for grants under 

Rural Domestic Violence and Child Abuse Enforcement Assistance program. 

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. 
3

•HR 3402 IH 

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. Research-based bullying prevention programs. 

Sec. 256. Reauthorization of juvenile accountability block grants. 

Sec. 257. Sex offender management. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Technical amendments relating to Public Law 107–56. 

Sec. 302. Miscellaneous technical amendments. 

Sec. 303. Minor substantive amendment relating to contents of FBI annual report. 

Sec. 304. Use of Federal training facilities. 

Sec. 305. Privacy officer. 

Sec. 306. Bankruptcy crimes. 

Sec. 307. Report to Congress on status of United States persons or residents 

detained on suspicion of terrorism. 

Sec. 308. Technical correction relating to definition used in ‘‘terrorism transcending national boundaries’’ statute. 

Sec. 309. Increased penalties and expanded jurisdiction for sexual abuse offenses in correctional facilities. 

Sec. 310. Expanded jurisdiction for contraband offenses in correctional facilities. 

Sec. 311. Magistrate judge’s authority to continue preliminary hearing. 

Sec. 312. Technical corrections relating to steroids. 

Sec. 313. Prison Rape Commission extension. 

Sec. 314. Longer statute of limitation for human trafficking-related offenses. 

Sec. 315. Use of Center for Criminal Justice Technology. 

Sec. 316. SEARCH grants. 

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. 
4

•HR 3402 IH 

TITLE V—ENHANCING JUDICIAL AND LAW ENFORCEMENT 

TOOLS TO COMBAT VIOLENCE 

Sec. 501. STOP grants improvements. 

Sec. 502. Grants to encourage arrest and enforce protection orders improvements. 

Sec. 503. Legal assistance for victims improvements. 

Sec. 504. Court training and improvements. 

Sec. 505. Full faith and credit improvements. 

Sec. 506. Privacy protections for victims of domestic violence, dating violence, 

sexual violence, and stalking. 

Sec. 507. Stalker database. 

Sec. 508. Victim assistants for District of Columbia. 

Sec. 509. Preventing cyberstalking. 

Sec. 510. Repeat offender provision. 

Sec. 511. Prohibiting dating violence. 

Sec. 512. GAO study and report. 

TITLE VI—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 601. Technical amendment to Violence Against Women Act. 

Sec. 602. Sexual assault services program. 

Sec. 603. Amendments to the rural domestic violence and child abuse enforcement assistance program. 

Sec. 604. Assistance for victims of abuse. 

Sec. 605. GAO study of National Domestic Violence Hotline. 

Sec. 606. Grants for outreach to underserved populations. 

TITLE VII—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG 

VICTIMS OF VIOLENCE 

Sec. 701. Services and justice for young victims of violence. 

Sec. 702. Grants to combat violent crimes on campuses. 

Sec. 703. Safe havens. 

Sec. 704. Grants to combat domestic violence, dating violence, sexual assault, 

and stalking in middle and high schools. 

TITLE VIII—STRENGTHENING AMERICA’S FAMILIES BY 

PREVENTING VIOLENCE IN THE HOME 

Sec. 801. Preventing violence in the home. 

TITLE IX—PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE 

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

Subtitle A—Victims of Crime 

Sec. 901. Conditions applicable to U and T visas. 

Sec. 902. Clarification of basis for relief under hardship waivers for conditional 

permanent residence. 

Sec. 903. Adjustment of status for victims of trafficking. 

Subtitle B—VAWA Petitioners 

Sec. 911. Definition of VAWA petitioner. 

Sec. 912. Self-petitioning for children. 
5

•HR 3402 IH 

Sec. 913. Self-petitioning parents. 

Sec. 914. Promoting consistency in VAWA adjudications. 

Sec. 915. Relief for certain victims pending actions on petitions and applications for relief. 

Sec. 916. Access to VAWA protection regardless of manner of entry. 

Sec. 917. Eliminating abusers’ control over applications for adjustments of status. 

Sec. 918. Parole for VAWA petitioners and for derivatives of trafficking victims. 

Sec. 919. Exemption of victims of domestic violence, sexual assault and trafficking from sanctions for failure to depart voluntarily. 

Sec. 920. Clarification of access to naturalization for victims of domestic violence. 

Sec. 921. Prohibition of adverse determinations of admissibility or deportability 

based on protected information. 

Sec. 922. Information for K nonimmigrants about legal rights and resources for 

immigrant victims of domestic violence. 

Sec. 923. Authorization of appropriations. 

Subtitle C—Miscellaneous Provisions 

Sec. 931. Removing 2 year custody and residency requirement for battered 

adopted children. 

Sec. 932. Waiver of certain grounds of inadmissibility for VAWA petitioners. 

Sec. 933. Employment authorization for battered spouses of certain nonimmigrants. 

Sec. 934. Grounds for hardship waiver for conditional permanent residence for 

intended spouses. 

Sec. 935. Cancellation of removal. 

Sec. 936. Motions to reopen. 

Sec. 937. Removal proceedings. 

Sec. 938. Conforming relief in suspension of deportation parallel to the relief 

available in VAWA–2000 cancellation for bigamy. 

Sec. 939. Correction of cross-reference to credible evidence provisions. 

Sec. 940. Technical corrections. 

TITLE X—SAFETY ON TRIBAL LANDS 

Sec. 1001. Purposes. 

Sec. 1002. Consultation. 

Sec. 1003. Analysis and research on violence on tribal lands. 

Sec. 1004. Tracking of violence on tribal lands. 

Sec. 1005. Tribal Division of the Office on Violence Against Women. 

Sec. 1006. GAO report to Congress on status of prosecution of sexual assault 

and domestic violence on tribal lands.
6

•HR 3402 IH 

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 

6 year 2006, to carry out the activities of the Department 

7 of Justice (including any bureau, office, board, division, 

8 commission, subdivision, unit, or other component there9 of), the following 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 

15 clemency petitions and for immigration-related ac16 tivities. 

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

18 Office of Inspector General: $72,828,000, which 

19 shall include not to exceed $10,000 to meet unfore20 seen emergencies of a confidential character. 

21 (4) GENERAL LEGAL ACTIVITIES.—For General 

22 Legal Activities: $679,661,000, which shall in23 clude—

24 (A) not less than $4,000,000 for the inves25 tigation and prosecution of denaturalization and 
7

•HR 3402 IH 

1 deportation cases involving alleged Nazi war 

2 criminals; 

3 (B) not less than $15,000,000 for the in4 vestigation and prosecution of violations of title 

5 17 of the United States Code; and 

6 (C) not to exceed $20,000 to meet unfore7 seen emergencies of a confidential character. 

8 (5) ANTITRUST DIVISION.—For the Antitrust 

9 Division: $144,451,000. 

10 (6) UNITED STATES ATTORNEYS.—For United 

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

12 (7) FEDERAL BUREAU OF INVESTIGATION.—

13 For the Federal Bureau of Investigation: 

14 $5,761,237,000, which shall include not to exceed 

15 $70,000 to meet unforeseen emergencies of a con16 fidential character. 

17 (8) UNITED STATES MARSHALS SERVICE.—For 

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

19 (9) FEDERAL PRISON SYSTEM.—For the Fed20 eral Prison System, including the National Institute 

21 of Corrections: $5,065,761,000. 

22 (10) DRUG ENFORCEMENT ADMINISTRATION.—

23 For the Drug Enforcement Administration: 

24 $1,716,173,000, which shall include not to exceed 
8

•HR 3402 IH 

1 $70,000 to meet unforeseen emergencies of a con2 fidential character. 

3 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE4 ARMS AND EXPLOSIVES.—For the Bureau of Alco5 hol, Tobacco, Firearms and Explosives: 

6 $923,613,000. 

7 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

10 construction of protected witness safesites. 

11 (13) INTERAGENCY CRIME AND DRUG EN12 FORCEMENT.—For Interagency Crime and Drug 

13 Enforcement: $661,940,000 for expenses not other14 wise provided for, for the investigation and prosecu15 tion of persons involved in organized crime drug 

16 trafficking, except that any funds obligated from ap17 propriations authorized by this paragraph may be 

18 used under authorities available to the organizations 

19 reimbursed 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 

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

•HR 3402 IH 

1 (16) ASSETS FORFEITURE FUND.—For the As2 sets Forfeiture Fund: $21,468,000 for expenses au3 thorized by section 524 of title 28, United States 

4 Code. 

5 (17) UNITED STATES PAROLE COMMISSION.—

6 For the United States Parole Commission: 

7 $11,300,000. 

8 (18) FEDERAL DETENTION TRUSTEE.—For the 

9 necessary expenses of the Federal Detention Trust10 ee: $1,222,000,000. 

11 (19) JUSTICE INFORMATION SHARING TECH12 NOLOGY.—For necessary expenses for information 

13 sharing technology, including planning, development, 

14 and deployment: $181,490,000. 

15 (20) NARROW BAND COMMUNICATIONS.—For 

16 the costs of conversion to narrowband communica17 tions, including the cost for operation and mainte18 nance of Land Mobile Radio legacy systems: 

19 $128,701,000. 

20 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

21 ACTIVITIES.—For the administrative expenses of the 

22 Office of Justice Programs, the Office on Violence 

23 Against Women, and Office of Community Oriented 

24 Policing Services: 
10

•HR 3402 IH 

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

2 Programs. 

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

4 Against Women. 

5 (C) $31,343,000 for the Office of Commu6 nity Oriented Policing Services. 

7 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FIS8 CAL YEAR 2007. 

9 There are authorized to be appropriated for fiscal 

10 year 2007, to carry out the activities of the Department 

11 of Justice (including any bureau, office, board, division, 

12 commission, subdivision, unit, or other component there13 of), the following sums: 

14 (1) GENERAL ADMINISTRATION.—For General 

15 Administration: $167,863,000. 

16 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

17 For Administrative Review and Appeals: 

18 $224,937,000 for administration of pardon and 

19 clemency petitions and for immigration-related ac20 tivities. 

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

22 Office of Inspector General: $75,741,000, which 

23 shall include not to exceed $10,000 to meet unfore24 seen emergencies of a confidential character. 
11

•HR 3402 IH 

1 (4) GENERAL LEGAL ACTIVITIES.—For General 

2 Legal Activities: $706,847,000, which shall in3 clude—

4 (A) not less than $4,000,000 for the inves5 tigation and prosecution of denaturalization and 

6 deportation cases involving alleged Nazi war 

7 criminals; 

8 (B) not less than $15,600,000 for the in9 vestigation and prosecution of violations of title 

10 17 of the United States Code; and 

11 (C) not to exceed $20,000 to meet unfore12 seen emergencies of a confidential character. 

13 (5) ANTITRUST DIVISION.—For the Antitrust 

14 Division: $150,229,000. 

15 (6) UNITED STATES ATTORNEYS.—For United 

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

17 (7) FEDERAL BUREAU OF INVESTIGATION.—

18 For the Federal Bureau of Investigation: 

19 $5,991,686,000, which shall include not to exceed 

20 $70,000 to meet unforeseen emergencies of a con21 fidential character. 

22 (8) UNITED STATES MARSHALS SERVICE.—For 

23 the United States Marshals Service: $832,265,000. 
12

•HR 3402 IH 

1 (9) FEDERAL PRISON SYSTEM.—For the Fed2 eral Prison System, including the National Institute 

3 of Corrections: $5,268,391,000. 

4 (10) DRUG ENFORCEMENT ADMINISTRATION.—

5 For the Drug Enforcement Administration: 

6 $1,784,820,000, which shall include not to exceed 

7 $70,000 to meet unforeseen emergencies of a con8 fidential character. 

9 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE10 ARMS AND EXPLOSIVES.—For the Bureau of Alco11 hol, Tobacco, Firearms and Explosives: 

12 $960,558,000. 

13 (12) FEES AND EXPENSES OF WITNESSES.—

14 For Fees and Expenses of Witnesses: $188,382,000, 

15 which shall include not to exceed $8,000,000 for 

16 construction of protected witness safesites. 

17 (13) INTERAGENCY CRIME AND DRUG EN18 FORCEMENT.—For Interagency Crime and Drug 

19 Enforcement: $688,418,000, for expenses not other20 wise provided for, for the investigation and prosecu21 tion of persons involved in organized crime drug 

22 trafficking, except that any funds obligated from ap23 propriations authorized by this paragraph may be 

24 used under authorities available to the organizations 

25 reimbursed from such funds. 
13

•HR 3402 IH 

1 (14) FOREIGN CLAIMS SETTLEMENT COMMIS2 SION.—For the Foreign Claims Settlement Commis3 sion: $1,321,000. 

4 (15) COMMUNITY RELATIONS SERVICE.—For 

5 the Community Relations Service: $10,149,000. 

6 (16) ASSETS FORFEITURE FUND.—For the As7 sets Forfeiture Fund: $22,000,000 for expenses au8 thorized by section 524 of title 28, United States 

9 Code. 

10 (17) UNITED STATES PAROLE COMMISSION.—

11 For the United States Parole Commission: 

12 $11,752,000. 

13 (18) FEDERAL DETENTION TRUSTEE.—For the 

14 necessary expenses of the Federal Detention Trust15 ee: $1,405,300,000. 

16 (19) JUSTICE INFORMATION SHARING TECH17 NOLOGY.—For necessary expenses for information 

18 sharing technology, including planning, development, 

19 and deployment: $188,750,000. 

20 (20) NARROWBAND COMMUNICATIONS.—For 

21 the costs of conversion to narrowband communica22 tions, including the cost for operation and mainte23 nance of Land Mobile Radio legacy systems: 

24 $133,849,000. 
14

•HR 3402 IH 

1 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

2 ACTIVITIES.—For the administrative expenses of the 

3 Office of Justice Programs, the Office on Violence 

4 Against Women, and the Office of Community Ori5 ented Policing Services: 

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

7 Programs. 

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

9 Against Women. 

10 (C) $32,597,000 for the Office of Commu11 nity Oriented Policing Services. 

12 SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FIS13 CAL YEAR 2008. 

14 There are authorized to be appropriated for fiscal 

15 year 2008, to carry out the activities of the Department 

16 of Justice (including any bureau, office, board, division, 

17 commission, subdivision, unit, or other component there18 of), the following sums: 

19 (1) GENERAL ADMINISTRATION.—For General 

20 Administration: $174,578,000. 

21 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

22 For Administrative Review and Appeals: 

23 $233,934,000 for administration of pardon and 

24 clemency petitions and for immigration-related ac25 tivities. 
15

•HR 3402 IH 

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

2 Office of Inspector General: $78,771,000, which 

3 shall include not to exceed $10,000 to meet unfore4 seen emergencies of a confidential character. 

5 (4) GENERAL LEGAL ACTIVITIES.—For General 

6 Legal Activities: $735,121,000, which shall in7 clude—

8 (A) not less than $4,000,000 for the inves9 tigation and prosecution of denaturalization and 

10 deportation cases involving alleged Nazi war 

11 criminals; 

12 (B) not less than $16,224,000 for the in13 vestigation and prosecution of violations of title 

14 17 of the United States Code; and 

15 (C) not to exceed $20,000 to meet unfore16 seen emergencies of a confidential character. 

17 (5) ANTITRUST DIVISION.—For the Antitrust 

18 Division: $156,238,000. 

19 (6) UNITED STATES ATTORNEYS.—For United 

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

21 (7) FEDERAL BUREAU OF INVESTIGATION.—

22 For the Federal Bureau of Investigation: 

23 $6,231,354,000, which shall include not to exceed 

24 $70,000 to meet unforeseen emergencies of a con25 fidential character. 
16

•HR 3402 IH 

1 (8) UNITED STATES MARSHALS SERVICE.—For 

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

3 (9) FEDERAL PRISON SYSTEM.—For the Fed4 eral Prison System, including the National Institute 

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

6 (10) DRUG ENFORCEMENT ADMINISTRATION.—

7 For the Drug Enforcement Administration: 

8 $1,856,213,000, which shall include not to exceed 

9 $70,000 to meet unforeseen emergencies of a con10 fidential character. 

11 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE12 ARMS AND EXPLOSIVES.—For the Bureau of Alco13 hol, Tobacco, Firearms and Explosives: 

14 $998,980,000. 

15 (12) FEES AND EXPENSES OF WITNESSES.—

16 For Fees and Expenses of Witnesses: $195,918,000, 

17 which shall include not to exceed $8,000,000 for 

18 construction of protected witness safesites. 

19 (13) INTERAGENCY CRIME AND DRUG EN20 FORCEMENT.—For Interagency Crime and Drug 

21 Enforcement: $715,955,000, for expenses not other22 wise provided for, for the investigation and prosecu23 tion of persons involved in organized crime drug 

24 trafficking, except that any funds obligated from ap25 propriations authorized by this paragraph may be 
17

•HR 3402 IH 

1 used under authorities available to the organizations 

2 reimbursed from such funds. 

3 (14) FOREIGN CLAIMS SETTLEMENT COMMIS4 SION.—For the Foreign Claims Settlement Commis5 sion: $1,374,000. 

6 (15) COMMUNITY RELATIONS SERVICE.—For 

7 the Community Relations Service: $10,555,000. 

8 (16) ASSETS FORFEITURE FUND.—For the As9 sets Forfeiture Fund: $22,000,000 for expenses au10 thorized by section 524 of title 28, United States 

11 Code. 

12 (17) UNITED STATES PAROLE COMMISSION.—

13 For the United States Parole Commission: 

14 $12,222,000. 

15 (18) FEDERAL DETENTION TRUSTEE.—For the 

16 necessary expenses of the Federal Detention Trust17 ee: $1,616,095,000. 

18 (19) JUSTICE INFORMATION SHARING TECH19 NOLOGY.—For necessary expenses for information 

20 sharing technology, including planning, development, 

21 and deployment: $196,300,000. 

22 (20) NARROWBAND COMMUNICATIONS.—For 

23 the costs of conversion to narrowband communica24 tions, including the cost for operation and mainte-
18

•HR 3402 IH 

1 nance of Land Mobile Radio legacy systems: 

2 $139,203,000. 

3 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

4 ACTIVITIES.—For the administrative expenses of the 

5 Office of Justice Programs, the Office on Violence 

6 Against Women, and the Office of Community Ori7 ented Policing Services: 

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

9 Programs. 

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

11 Against Women. 

12 (C) $33,901,000 for the Office of Commu13 nity Oriented Policing Services. 

14 SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR FIS15 CAL YEAR 2009. 

16 There are authorized to be appropriated for fiscal 

17 year 2009, to carry out the activities of the Department 

18 of Justice (including any bureau, office, board, division, 

19 commission, subdivision, unit, or other component there20 of), the following sums: 

21 (1) GENERAL ADMINISTRATION.—For General 

22 Administration: $181,561,000. 

23 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

24 For Administrative Review and Appeals: 

25 $243,291,000 for administration of pardon and 
19

•HR 3402 IH 

1 clemency petitions and for immigration-related ac2 tivities. 

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

4 Office of Inspector General: $81,922,000, which 

5 shall include not to exceed $10,000 to meet unfore6 seen emergencies of a confidential character. 

7 (4) GENERAL LEGAL ACTIVITIES.—For General 

8 Legal Activities: $764,526,000, which shall in9 clude—

10 (A) not less than $4,000,000 for the inves11 tigation and prosecution of denaturalization and 

12 deportation cases involving alleged Nazi war 

13 criminals; 

14 (B) not less than $16,872,000 for the in15 vestigation and prosecution of violations of title 

16 17 of the United States Code; and 

17 (C) not to exceed $20,000 to meet unfore18 seen emergencies of a confidential character. 

19 (5) ANTITRUST DIVISION.—For the Antitrust 

20 Division: $162,488,000. 

21 (6) UNITED STATES ATTORNEYS.—For United 

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

23 (7) FEDERAL BUREAU OF INVESTIGATION.—

24 For the Federal Bureau of Investigation: 

25 $6,480,608,000, which shall include not to exceed 
20

•HR 3402 IH 

1 $70,000 to meet unforeseen emergencies of a con2 fidential character. 

3 (8) UNITED STATES MARSHALS SERVICE.—For 

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

5 (9) FEDERAL PRISON SYSTEM.—For the Fed6 eral Prison System, including the National Institute 

7 of Corrections: $5,698,292,000. 

8 (10) DRUG ENFORCEMENT ADMINISTRATION.—

9 For the Drug Enforcement Administration: 

10 $1,930,462,000, which shall include not to exceed 

11 $70,000 to meet unforeseen emergencies of a con12 fidential character. 

13 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE14 ARMS AND EXPLOSIVES.—For the Bureau of Alco15 hol, Tobacco, Firearms and Explosives: 

16 $1,038,939,000. 

17 (12) FEES AND EXPENSES OF WITNESSES.—

18 For Fees and Expenses of Witnesses: $203,755,000, 

19 which shall include not to exceed $8,000,000 for 

20 construction of protected witness safesites. 

21 (13) INTERAGENCY CRIME AND DRUG EN22 FORCEMENT.—For Interagency Crime and Drug 

23 Enforcement: $744,593,000, for expenses not other24 wise provided for, for the investigation and prosecu25 tion of persons involved in organized crime drug 
21

•HR 3402 IH 

1 trafficking, except that any funds obligated from ap2 propriations authorized by this paragraph may be 

3 used under authorities available to the organizations 

4 reimbursed from such funds. 

5 (14) FOREIGN CLAIMS SETTLEMENT COMMIS6 SION.—For the Foreign Claims Settlement Commis7 sion: $1,429,000. 

8 (15) COMMUNITY RELATIONS SERVICE.—For 

9 the Community Relations Service: $10,977,000. 

10 (16) ASSETS FORFEITURE FUND.—For the As11 sets Forfeiture Fund: $22,000,000 for expenses au12 thorized by section 524 of title 28, United States 

13 Code. 

14 (17) UNITED STATES PAROLE COMMISSION.—

15 For the United States Parole Commission: 

16 $12,711,000. 

17 (18) FEDERAL DETENTION TRUSTEE.—For the 

18 necessary expenses of the Federal Detention Trust19 ee: $1,858,509,000. 

20 (19) JUSTICE INFORMATION SHARING TECH21 NOLOGY.—For necessary expenses for information 

22 sharing technology, including planning, development, 

23 and deployment: $204,152,000. 

24 (20) NARROWBAND COMMUNICATIONS.—For 

25 the costs of conversion to narrowband communica-
22

•HR 3402 IH 

1 tions, including the cost for operation and mainte2 nance of Land Mobile Radio legacy systems: 

3 $144,771,000. 

4 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

5 ACTIVITIES.—For the administrative expenses of the 

6 Office of Justice Programs, the Office on Violence 

7 Against Women, and the Office of Community Ori8 ented Policing Services: 

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

10 Programs. 

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

12 Against Women. 

13 (C) $35,257,000 for the Office of Commu14 nity Oriented Policing Services. 
23

•HR 3402 IH 

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 

21 follows: 

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’. 
24

•HR 3402 IH 

1 ‘‘(b) REFERENCES TO FORMER PROGRAMS.—Any 

2 reference in a law, regulation, document, paper, or other 

3 record of the United States to the Edward Byrne Memo4 rial State and Local Law Enforcement Assistance Pro5 grams, or to the Local Government Law Enforcement 

6 Block Grants program, shall be deemed to be a reference 

7 to the grant program 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. 
25

•HR 3402 IH 

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 

12 a grant was authorized to be used under either or 

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

14 those programs were in effect immediately before the 

15 enactment 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 organi22 zations that are private and nonprofit; 

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

24 ‘‘(3) tribal governments. 
26

•HR 3402 IH 

1 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIV2 ER.—

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

4 shall contain a program assessment component, de5 veloped pursuant to guidelines established by the At6 torney General, in coordination with the National 

7 Institute of Justice. 

8 ‘‘(2) The Attorney General may waive the re9 quirement of paragraph (1) with respect to a pro10 gram if, in the opinion of the Attorney General, the 

11 program is not of sufficient size to justify a full pro12 gram assessment. 

13 ‘‘(d) PROHIBITED USES.—Notwithstanding any 

14 other provision of this Act, no funds provided under this 

15 subpart may be used, directly or indirectly, to provide any 

16 of the following matters: 

17 ‘‘(1) Any security enhancements or any equip18 ment to any nongovernmental entity that is not en19 gaged in criminal justice or public safety. 

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

21 extraordinary and exigent circumstances exist that 

22 make the use of such funds to provide such matters 

23 essential to the maintenance of public safety and 

24 good order—

25 ‘‘(A) vehicles, vessels, or aircraft; 
27

•HR 3402 IH 

1 ‘‘(B) luxury items; 

2 ‘‘(C) real estate; 

3 ‘‘(D) construction projects (other than 

4 penal or correctional institutions); or 

5 ‘‘(E) any similar matters. 

6 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 

7 percent of a grant made under this subpart may be used 

8 for costs incurred to administer such grant. 

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

10 subpart shall be four years, except that renewals and ex11 tensions beyond that period may be granted at the discre12 tion of the Attorney General. 

13 ‘‘(g) RULE OF CONSTRUCTION.—Subparagraph 

14 (d)(1) shall not be construed to prohibit the use, directly 

15 or indirectly, of funds provided under this subpart to pro16 vide security at a public event, such as a political conven17 tion or major sports event, so long as such security is pro18 vided under applicable laws and procedures. 

19 ‘‘SEC. 502. APPLICATIONS. 

20 ‘‘To request a grant under this subpart, the chief ex21 ecutive officer of a State or unit of local government shall 

22 submit an application to the Attorney General within 90 

23 days after the date on which funds to carry out this sub24 part are appropriated for a fiscal year, in such form as 
28

•HR 3402 IH 

1 the Attorney General may require. Such application shall 

2 include the following: 

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

4 available under this subpart will not be used to sup5 plant State or local funds, but will be used to in6 crease the amounts of such funds that would, in the 

7 absence of Federal funds, be made available for law 

8 enforcement activities. 

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

10 before the application (or any amendment to the ap11 plication) was submitted to the Attorney General, 

12 the application (or amendment) was submitted for 

13 review to the governing body of the State or unit of 

14 local government (or to an organization designated 

15 by that governing body). 

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

17 (or any amendment to the application) was sub18 mitted to the Attorney General—

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

20 made public; and 

21 ‘‘(B) an opportunity to comment on the 

22 application (or amendment) was provided to 

23 citizens and to neighborhood or community24 based organizations, to the extent applicable 
29

•HR 3402 IH 

1 law or established procedure makes such an op2 portunity available. 

3 ‘‘(4) An assurance that, for each fiscal year 

4 covered by an application, the applicant shall main5 tain and report such data, records, and information 

6 (programmatic and financial) as the Attorney Gen7 eral may reasonably require. 

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

9 to the Attorney General and executed by the chief 

10 executive officer of the applicant (or by another offi11 cer of the applicant, if qualified under regulations 

12 promulgated by the Attorney General), that—

13 ‘‘(A) the programs to be funded by the 

14 grant meet all the requirements of this subpart; 

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

16 application is correct; 

17 ‘‘(C) there has been appropriate coordina18 tion with affected agencies; and 

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

20 provisions of this subpart and all other applica21 ble Federal laws. 

22 ‘‘SEC. 503. REVIEW OF APPLICATIONS. 

23 ‘‘The Attorney General shall not finally disapprove 

24 any application (or any amendment to that application) 

25 submitted under this subpart without first affording the 
30

•HR 3402 IH 

1 applicant reasonable notice of any deficiencies in the appli2 cation and opportunity for correction and reconsideration. 

3 ‘‘SEC. 504. RULES. 

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

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

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

7 made available to carry out this subpart. 

8 ‘‘SEC. 505. FORMULA. 

9 ‘‘(a) ALLOCATION AMONG STATES.—

10 ‘‘(1) IN GENERAL.—Of the total amount appro11 priated for this subpart, the Attorney General shall, 

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

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

14 to each State in amounts that bear the same 

15 ratio of—

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

17 to—

18 ‘‘(ii) the total population of the 

19 United States; and 

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

21 to each State in amounts that bear the same 

22 ratio of—

23 ‘‘(i) the average annual number of 

24 part 1 violent crimes of the Uniform Crime 

25 Reports of the Federal Bureau of Inves-
31

•HR 3402 IH 

1 tigation reported by such State for the 

2 three most recent years reported by such 

3 State to—

4 ‘‘(ii) the average annual number of 

5 such crimes reported by all States for such 

6 years. 

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

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

9 allocation less than 0.25 percent of the total amount 

10 (in this paragraph referred to as a ‘‘minimum allo11 cation State’’), then paragraph (1), as so carried 

12 out, shall not apply, and the Attorney General shall 

13 instead—

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

15 amount to each State; and 

16 ‘‘(B) using the amount remaining after 

17 carrying out subparagraph (A), carry out para18 graph (1) in a manner that excludes each min19 imum allocation State, including the population 

20 of and the crimes reported by such State. 

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

22 LOCAL GOVERNMENT.—Of the amounts allocated under 

23 subsection (a)—

24 ‘‘(1) 60 percent shall be for direct grants to 

25 States, to be allocated under subsection (c); and 
32

•HR 3402 IH 

1 ‘‘(2) 40 percent shall be for grants to be allo2 cated under subsection (d). 

3 ‘‘(c) ALLOCATION FOR STATE GOVERNMENTS.—

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

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

6 the purposes described in section 501 an amount 

7 that bears the same ratio of—

8 ‘‘(A) total expenditures on criminal justice 

9 by the State government in the most recently 

10 completed fiscal year to—

11 ‘‘(B) the total expenditure on criminal jus12 tice by the State government and units of local 

13 government within the State in such year. 

14 ‘‘(2) REMAINING AMOUNTS.—Except as pro15 vided in subsection (e)(1), any amounts remaining 

16 after the allocation required by paragraph (1) shall 

17 be made available to units of local government by 

18 the State for the purposes described in section 501. 

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

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

21 under subsection (b)(2), grants for the purposes de22 scribed in section 501 shall be made directly to units 

23 of local government within each State in accordance 

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

25 ‘‘(2) ALLOCATION.—
33

•HR 3402 IH 

1 ‘‘(A) IN GENERAL.—From the amounts re2 ferred to in paragraph (1) with respect to a 

3 State (in this subsection referred to as the 

4 ‘local amount’), the Attorney General shall allo5 cate to each unit of local government an 

6 amount which bears the same ratio to such 

7 share as the average annual number of part 1 

8 violent crimes reported by such unit to the Fed9 eral Bureau of Investigation for the 3 most re10 cent calendar years for which such data is avail11 able bears to the number of part 1 violent 

12 crimes reported by all units of local government 

13 in the State in which the unit is located to the 

14 Federal Bureau of Investigation for such years. 

15 ‘‘(B) TRANSITIONAL RULE.—Notwith16 standing subparagraph (A), for fiscal years 

17 2006, 2007, and 2008, the Attorney General 

18 shall allocate the local amount to units of local 

19 government in the same manner that, under the 

20 Local Government Law Enforcement Block 

21 Grants program in effect immediately before 

22 the date of the enactment of this section, the 

23 reserved amount was allocated among reporting 

24 and nonreporting units of local government. 
34

•HR 3402 IH 

1 ‘‘(3) ANNEXED UNITS.—If a unit of local gov2 ernment in the State has been annexed since the 

3 date of the collection of the data used by the Attor4 ney General in making allocations pursuant to this 

5 section, the Attorney General shall pay the amount 

6 that would have been allocated to such unit of local 

7 government to the unit of local government that an8 nexed it. 

9 ‘‘(4) RESOLUTION OF DISPARATE ALLOCA10 TIONS.—(A) Notwithstanding any other provision of 

11 this subpart, if—

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

13 unit of local government bears more than 50 

14 percent of the costs of prosecution or incarcer15 ation that arise with respect to part 1 violent 

16 crimes reported by a specified geographically 

17 constituent unit of local government; and 

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

19 funds allocated under this section to—

20 ‘‘(I) any one such specified geographi21 cally constituent unit of local government 

22 exceeds 150 percent of the amount allo23 cated to the unit of local government cer24 tified pursuant to clause (i); or 
35

•HR 3402 IH 

1 ‘‘(II) more than one such specified 

2 geographically constituent unit of local 

3 government exceeds 400 percent of the 

4 amount allocated to the unit of local gov5 ernment certified pursuant to clause (i), 

6 then in order to qualify for payment under this sub7 section, the unit of local government certified pursu8 ant to clause (i), together with any such specified 

9 geographically constituent units of local government 

10 described in clause (ii), shall submit to the Attorney 

11 General a joint application for the aggregate of 

12 funds allocated to such units of local government. 

13 Such application shall specify the amount of such 

14 funds that are to be distributed to each of the units 

15 of local government and the purposes for which such 

16 funds are to be used. The units of local government 

17 involved may establish a joint local advisory board 

18 for the purposes of carrying out this paragraph. 

19 ‘‘(B) In this paragraph, the term ‘geographi20 cally constituent unit of local government’ means a 

21 unit of local government that has jurisdiction over 

22 areas located within the boundaries of an area over 

23 which a unit of local government certified pursuant 

24 to clause (i) has jurisdiction.
36

•HR 3402 IH 

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

2 LOCAL GOVERNMENT.—

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

4 government shall receive a total allocation under this 

5 section that exceeds such unit’s total expenditures 

6 on criminal justice services for the most recently 

7 completed fiscal year for which data are available. 

8 Any amount in excess of such total expenditures 

9 shall be allocated proportionally among units of local 

10 government whose allocations under this section do 

11 not exceed their total expenditures on such services. 

12 ‘‘(2) ALLOCATIONS UNDER $10,000.—If the allo13 cation under this section to a unit of local govern14 ment is less than $10,000 for any fiscal year, the di15 rect grant to the State under subsection (c) shall be 

16 increased by the amount of such allocation, to be 

17 distributed (for the purposes described in section 

18 501) among State police departments that provide 

19 criminal justice services to units of local government 

20 and units of local government whose allocation under 

21 this section is less than $10,000. 

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

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

24 government that has not reported at least three 

25 years of data on part 1 violent crimes of the Uni-
37

•HR 3402 IH 

1 form Crime Reports to the Federal Bureau of Inves2 tigation within the immediately preceding 10 years. 

3 ‘‘(f) FUNDS NOT USED BY THE STATE.—If the At4 torney General determines, on the basis of information 

5 available during any grant period, that any allocation (or 

6 portion thereof) under this section to a State for such 

7 grant period will not be required, or that a State will be 

8 unable to qualify or receive funds under this subpart, or 

9 that a State chooses not to participate in the program es10 tablished under this subpart, then such State’s allocation 

11 (or portion thereof) shall be awarded by the Attorney Gen12 eral to units of local government, or combinations thereof, 

13 within such State, giving priority to those jurisdictions 

14 with the highest annual number of part 1 violent crimes 

15 of the Uniform Crime Reports reported by the unit of local 

16 government to the Federal Bureau of Investigation for the 

17 three most recent calendar years for which such data are 

18 available. 

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

20 ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON21 WEALTH GOVERNMENT.—Notwithstanding any other 

22 provision of this subpart, the amounts allocated 

23 under subsection (a) to Puerto Rico, 100 percent 

24 shall be for direct grants to the Commonwealth gov25 ernment of Puerto Rico. 
38

•HR 3402 IH 

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

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

3 ‘‘(h) UNITS OF LOCAL GOVERNMENT IN LOU4 ISIANA.—In carrying out this section with respect to the 

5 State of Louisiana, the term ‘unit of local government’ 

6 means a district attorney or a parish sheriff. 

7 ‘‘SEC. 506. RESERVED FUNDS. 

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

9 subpart for a fiscal year, the Attorney General shall re10 serve not more than—

11 ‘‘(1) $20,000,000, for use by the National In12 stitute of Justice in assisting units of local govern13 ment to identify, select, develop, modernize, and pur14 chase new technologies for use by law enforcement, 

15 of which $1,000,000 shall be for use by the Bureau 

16 of Justice Statistics to collect data necessary for car17 rying out this subpart; and 

18 ‘‘(2) $20,000,000, to be granted by the Attor19 ney General to States and units of local government 

20 to develop and implement antiterrorism training pro21 grams. 

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

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

24 local government shall establish a trust fund in which to 

25 deposit amounts received under this subpart. 
39

•HR 3402 IH 

1 ‘‘(b) EXPENDITURES.—

2 ‘‘(1) IN GENERAL.—Each amount received 

3 under this subpart (including interest on such 

4 amount) shall be expended before the date on which 

5 the grant period expires. 

6 ‘‘(2) REPAYMENT.—A State or unit of local 

7 government that fails to expend an entire amount 

8 (including interest on such amount) as required by 

9 paragraph (1) shall repay the unexpended portion to 

10 the Attorney General not later than 3 months after 

11 the date on which the grant period expires. 

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

13 State or unit of local government fails to comply 

14 with paragraphs (1) and (2), the Attorney General 

15 shall reduce amounts to be provided to that State or 

16 unit of local government accordingly. 

17 ‘‘(c) REPAID AMOUNTS.—Amounts received as repay18 ments under this section shall be subject to section 108 

19 of this title as if such amounts had not been granted and 

20 repaid. Such amounts shall be deposited in the Treasury 

21 in a dedicated fund for use by the Attorney General to 

22 carry out this subpart. Such funds are hereby made avail23 able to carry out this subpart. 
40

•HR 3402 IH 

1 ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

5 through 2009.’’. 

6 (b) REPEALS OF CERTAIN AUTHORITIES RELATING

7 TO BYRNE GRANTS.—

8 (1) DISCRETIONARY GRANTS TO PUBLIC AND

9 PRIVATE ENTITIES.—Chapter A of subpart 2 of Part 

10 E of title I of the Omnibus Crime Control and Safe 

11 Streets Act of 1968 (42 U.S.C. 3760–3762) is re12 pealed. 

13 (2) TARGETED GRANTS TO CURB MOTOR VEHI14 CLE THEFT.—Subtitle B of title I of the Anti Car 

15 Theft Act of 1992 (42 U.S.C. 3750a–3750d) is re16 pealed. 

17 (c) CONFORMING AMENDMENTS.—

18 (1) CRIME IDENTIFICATION TECHNOLOGY

19 ACT.—Subsection (c)(2)(G) of section 102 of the 

20 Crime Identification Technology Act of 1998 (42 

21 U.S.C. 14601) is amended by striking ‘‘such as’’ 

22 and all that follows through ‘‘the M.O.R.E. pro23 gram’’ and inserting ‘‘such as the Edward Byrne 

24 Justice Assistance Grant Program and the M.O.R.E. 

25 program’’. 
41

•HR 3402 IH 

1 (2) SAFE STREETS ACT.—Title I of the Omni2 bus Crime Control and Safe Streets Act of 1968 is 

3 amended—

4 (A) in section 517 (42 U.S.C. 3763), in 

5 subsection (a)(1), by striking ‘‘pursuant to sec6 tion 511 or 515’’ and inserting ‘‘pursuant to 

7 section 515’’; 

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

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

10 ‘‘the program evaluations as required by 

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

12 ‘‘program evaluations’’; 

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

14 ‘‘evaluations of programs funded under 

15 section 506 (formula grants) and sections 

16 511 and 515 (discretionary grants) of this 

17 part’’ and inserting ‘‘evaluations of pro18 grams funded under section 505 (formula 

19 grants) and section 515 (discretionary 

20 grants) of this part’’; and 

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

22 ‘‘programs funded under section 506 (for23 mula grants) and section 511 (discre24 tionary grants)’’ and inserting ‘‘programs 
42

•HR 3402 IH 

1 funded under section 505 (formula 

2 grants)’’; 

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

4 (i) in subsection (a), in the matter 

5 preceding paragraph (1), by striking ‘‘sec6 tion 506’’ and inserting ‘‘section 505’’; and 

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

8 ‘‘an assessment of the impact of such ac9 tivities on meeting the needs identified in 

10 the State strategy submitted under section 

11 503’’ and inserting ‘‘an assessment of the 

12 impact of such activities on meeting the 

13 purposes of subpart 1’’; 

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

15 in the matter following paragraph (5)—

16 (i) by striking ‘‘the purposes of sec17 tion 501 of this title’’ and inserting ‘‘the 

18 purposes of such subpart 1’’; and 

19 (ii) by striking ‘‘the application sub20 mitted pursuant to section 503 of this 

21 title’’ and inserting ‘‘the application sub22 mitted pursuant to section 502 of this 

23 title’’; 

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

25 striking ‘‘the State office described in section 
43

•HR 3402 IH 

1 507 or 1408’’ and inserting ‘‘the State office 

2 responsible for the trust fund required by sec3 tion 507, or the State office described in section 

4 1408,’’; 

5 (F) in section 901 (42 U.S.C. 3791), in 

6 subsection (a)(2), by striking ‘‘for the purposes 

7 of section 506(a)’’ and inserting ‘‘for the pur8 poses of section 505(a)’’; 

9 (G) in section 1502 (42 U.S.C. 3796bb–

10 1)—

11 (i) in paragraph (1), by striking ‘‘sec12 tion 506(a)’’ and inserting ‘‘section 

13 505(a)’’; 

14 (ii) in paragraph (2)—

15 (I) by striking ‘‘section 503(a)’’ 

16 and inserting ‘‘section 502’’; and 

17 (II) by striking ‘‘section 506’’ 

18 and inserting ‘‘section 505’’; 

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

20 in subsection (b), by striking ‘‘The office des21 ignated under section 507 of title I’’ and insert22 ing ‘‘The office responsible for the trust fund 

23 required by section 507’’; 

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

25 in subsection (c)(1), by striking ‘‘and reflects 
44

•HR 3402 IH 

1 consideration of the statewide strategy under 

2 section 503(a)(1)’’; and 

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

4 in subsection (e), by striking ‘‘The Office des5 ignated under section 507’’ and inserting ‘‘The 

6 office responsible for the trust fund required by 

7 section 507’’. 

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

9 section shall apply with respect to the first fiscal year be10 ginning after the date of the enactment of this Act and 

11 each fiscal year thereafter. 

12 SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS 

13 WHO MAY BE SELECTED IN A GIVEN YEAR TO 

14 RECEIVE PUBLIC SAFETY OFFICER MEDAL 

15 OF VALOR. 

16 Section 3(c) of the Public Safety Officer Medal of 

17 Valor Act of 2001 (42 U.S.C. 15202(c)) is amended by 

18 striking ‘‘more than 5 recipients’’ and inserting ‘‘more 

19 than 5 individuals, or groups of individuals, as recipients’’. 

20 SEC. 203. CONGRESSIONAL MEDAL AND PLAQUE FOR PUB21 LIC SAFETY OFFICERS WHO RESPONDED TO 

22 THE ATTACKS ON THE UNITED STATES ON 

23 SEPTEMBER 11, 2001. 

24 (a) PURPOSE.—It is the purpose of this section—
45

•HR 3402 IH 

1 (1) to commemorate the sacrifices made and 

2 service rendered to the United States by those public 

3 safety officers who responded to the attacks on the 

4 United States on September 11, 2001; and 

5 (2) to honor those public safety officers on the 

6 third anniversary of those attacks. 

7 (b) PRESENTATION AUTHORIZED.—

8 (1) IN GENERAL.—The Speaker of the House of 

9 Representatives and the President pro tempore of 

10 the Senate are authorized jointly to present, on be11 half of the Congress—

12 (A) to individuals certified by the Attorney 

13 General pursuant to subsection (e), a bronze 

medal 11 14 ⁄2 inches in diameter commemorating 

15 the service to the United States of those indi16 viduals; and 

17 (B) to public agencies certified by the At18 torney General pursuant to subsection (e), a 

19 plaque commemorating the service to the 

20 United States of the officers, employees, or 

21 agents of those agencies. 

22 (2) DATE.—The presentation shall be made as 

23 close as feasible to the third anniversary of the at24 tacks on the United States on September 11, 2001. 
46

•HR 3402 IH 

1 (3) NEXT OF KIN.—In the case of an individual 

2 certified by the Attorney General pursuant to sub3 section (e), the medal may be accepted by the next 

4 of kin of any such individual. 

5 (c) DESIGN AND STRIKING.—

6 (1) CONSULTATION.—The Attorney General 

7 shall consult with the Institute of Heraldry of the 

8 Department of Defense regarding the design and ar9 tistry of the medal and the plaque authorized by this 

10 section. The Attorney General may also consider 

11 suggestions received by the Department of Justice 

12 regarding the design and artistry of the medal and 

13 the plaque, including suggestions made by persons 

14 not employed by the Department of Justice. 

15 (2) STRIKING.—After such consultation, the At16 torney General shall strike such medals and produce 

17 such plaques as may be required to carry out this 

18 section. 

19 (d) ELIGIBILITY REQUIREMENTS.—

20 (1) INDIVIDUALS.—

21 (A) IN GENERAL.—To be eligible to be 

22 presented the medal referred to in subsection 

23 (b), an individual must have been a public safe24 ty officer (as defined in section 5 of the Public 
47

•HR 3402 IH 

1 Safety Officer Medal of Valor Act of 2001 (42 

2 U.S.C. 15204))—

3 (i) who was present in New York, Vir4 ginia, or Pennsylvania on September 11, 

5 2001; 

6 (ii) who participated in the response 

7 that day to the terrorist attacks on the 

8 World Trade Center, the terrorist attack 

9 on the Pentagon, or the terrorist attack 

10 that resulted in the crash of the fourth air11 plane in Pennsylvania; and 

12 (iii) who died as a result of such par13 ticipation. 

14 (B) RULE OF CONSTRUCTION.—An indi15 vidual who was killed in one of the attacks re16 ferred to in subparagraph (A)(ii) shall be 

17 deemed, for purposes of that subparagraph, to 

18 have participated in the response. 

19 (2) AGENCIES.—To be eligible to be presented 

20 the plaque referred to in subsection (b), a public 

21 agency must have had at least one officer, employee, 

22 or agent who is eligible under paragraph (1) or who 

23 would be so eligible but for the requirement of sub24 paragraph (A)(iii) of that paragraph. 
48

•HR 3402 IH 

1 (3) APPLICATION; DETERMINATION.—To estab2 lish the eligibility required by paragraphs (1) or (2), 

3 the head of a public agency must present to the At4 torney General an application with such supporting 

5 documentation as the Attorney General may require 

6 to support such eligibility and, in the case of the eli7 gibility of an individual, with information on next of 

8 kin. The Attorney General shall determine, through 

9 the documentation provided and, if necessary, inde10 pendent investigation, whether the requirements of 

11 paragraphs (1) or (2) have been established. 

12 (e) CERTIFICATION.—The Attorney General shall, 

13 within 12 months after the date of the enactment of this 

14 Act, certify to the Speaker of the House of Representa15 tives and the President pro tempore of the Senate the 

16 names of individuals eligible to receive the medal and pub17 lic agencies eligible to receive the plaque. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated such sums as may be nec20 essary to carry out this section. 
49

•HR 3402 IH 

1 SEC. 204. CLARIFICATION OF OFFICIAL TO BE CONSULTED 

2 BY ATTORNEY GENERAL IN CONSIDERING AP3 PLICATION FOR EMERGENCY FEDERAL LAW 

4 ENFORCEMENT ASSISTANCE. 

5 Section 609M(b) of the Justice Assistance Act of 

6 1984 (42 U.S.C. 10501(b)) is amended by striking ‘‘the 

7 Director of the Office of Justice Assistance’’ and inserting 

8 ‘‘the Assistant Attorney General for the Office of Justice 

9 Programs’’. 

10 SEC. 205. CLARIFICATION OF USES FOR REGIONAL INFOR11 MATION SHARING SYSTEM GRANTS. 

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

13 Safe Streets Act of 1968 (42 U.S.C. 3796h(b)), as most 

14 recently amended by section 701 of the USA PATRIOT 

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

16 (1) in paragraph (1), by inserting ‘‘regional’’ 

17 before ‘‘information sharing systems’’; 

18 (2) by amending paragraph (3) to read as fol19 lows: 

20 ‘‘(3) establishing and maintaining a secure tele21 communications system for regional information 

22 sharing between Federal, State, and local law en23 forcement agencies;’’; and 

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

25 (4). 
50

•HR 3402 IH 

1 SEC. 206. INTEGRITY AND ENHANCEMENT OF NATIONAL 

2 CRIMINAL RECORD DATABASES. 

3 (a) DUTIES OF DIRECTOR.—Section 302 of the Om4 nibus Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3732) is amended—

6 (1) in subsection (b), by inserting after the 

7 third sentence the following new sentence: ‘‘The Di8 rector shall be responsible for the integrity of data 

9 and statistics and shall protect against improper or 

10 illegal use or disclosure.’’; 

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

12 (c) to read as follows: 

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

14 quality, timeliness, immediate accessibility, and inte15 gration of State criminal history and related records, 

16 support the development and enhancement of na17 tional systems of criminal history and related 

18 records including the National Criminal History 

19 Background Check System, the National Incident20 Based Reporting System, and the records of the Na21 tional Crime Information Center, facilitate State 

22 participation in national records and information 

23 systems, and support statistical research for critical 

24 analysis of the improvement and utilization of crimi25 nal history records;’’; and 

26 (3) in subsection (d)—
51

•HR 3402 IH 

1 (A) by striking ‘‘and’’ at the end of para2 graph (4); 

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

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

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

6 ‘‘(6) confer and cooperate with Federal statis7 tical agencies as needed to carry out the purposes of 

8 this part, including by entering into cooperative data 

9 sharing agreements in conformity with all laws and 

10 regulations applicable to the disclosure and use of 

11 data.’’. 

12 (b) USE OF DATA.—Section 304 of such Act (42 

13 U.S.C. 3735) is amended by striking ‘‘particular indi14 vidual’’ and inserting ‘‘private person or public agency’’. 

15 (c) CONFIDENTIALITY OF INFORMATION.—Section 

16 812(a) of such Act (42 U.S.C. 3789g(a)) is amended by 

17 striking ‘‘Except as provided by Federal law other than 

18 this title, no’’ and inserting ‘‘No’’. 

19 SEC. 207. EXTENSION OF MATCHING GRANT PROGRAM FOR 

20 LAW ENFORCEMENT ARMOR VESTS. 

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

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

23 3793(a)(23)) is amended by striking ‘‘2004’’ and inserting 

24 ‘‘2009’’. 
52

•HR 3402 IH 

1 Subtitle B—Building Community 

2 Capacity to Prevent, Reduce, 

3 and Control Crime 

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

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

6 Crime Control and Safe Streets Act of 1968 is amended 

7 by inserting after section 102 (42 U.S.C. 3712) the fol8 lowing new sections: 

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

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

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

12 by a Director appointed by the Attorney General. 

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

14 units of local government, and neighborhood and commu15 nity-based organizations in developing Weed and Seed 

16 strategies, as provided in section 104. 

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to carry out this section 

19 $60,000,000 for fiscal year 2006, and such sums as may 

20 be necessary for each of fiscal years 2007, 2008, and 

21 2009, to remain available until expended. 

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

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

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

25 and Seed Strategies may implement strategies, to be 
53

•HR 3402 IH 

1 known as Weed and Seed strategies, to prevent, control, 

2 and reduce violent crime, criminal drug-related activity, 

3 and gang activity in designated Weed-and-Seed commu4 nities. Each such strategy shall involve both of the fol5 lowing activities: 

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

7 Weeding activities, which shall include promoting 

8 and coordinating a broad spectrum of community ef9 forts (especially those of law enforcement agencies 

10 and prosecutors) to arrest, and to sanction or incar11 cerate, persons in that community who participate or 

12 engage in violent crime, criminal drug-related activ13 ity, and other crimes that threaten the quality of life 

14 in that community. 

15 ‘‘(2) SEEDING.—Activities, to be known as 

16 Seeding activities, which shall include promoting and 

17 coordinating a broad spectrum of community efforts 

18 (such as drug abuse education, mentoring, and em19 ployment counseling) to provide—

20 ‘‘(A) human services, relating to preven21 tion, intervention, or treatment, for at-risk indi22 viduals and families; and 

23 ‘‘(B) community revitalization efforts, in24 cluding enforcement of building codes and de25 velopment of the economy. 
54

•HR 3402 IH 

1 ‘‘(b) GUIDELINES.—The Director shall issue guide2 lines for the development and implementation of Weed and 

3 Seed strategies under this section. The guidelines shall en4 sure that the Weed and Seed strategy for a community 

5 referred to in subsection (a) shall—

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

7 under the auspices of a steering committee, properly 

8 established in the community, comprised of—

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

10 of—

11 ‘‘(i) appropriate law enforcement 

12 agencies; and 

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

14 and neighborhood and community-based 

15 organizations, interested in criminal justice 

16 and community-based development and re17 vitalization in the community; and 

18 ‘‘(B) in a voting capacity, both—

19 ‘‘(i) the Drug Enforcement Adminis20 tration’s special agent in charge for the ju21 risdiction encompassing the community; 

22 and 

23 ‘‘(ii) the United States Attorney for 

24 the District encompassing the community; 
55

•HR 3402 IH 

1 ‘‘(2) describe how law enforcement agencies, 

2 other public and private agencies, neighborhood and 

3 community-based organizations, and interested citi4 zens are to cooperate in implementing the strategy; 

5 and 

6 ‘‘(3) incorporate a community-policing compo7 nent that shall serve as a bridge between the Weed8 ing activities under subsection (a)(1) and the Seed9 ing activities under subsection (a)(2). 

10 ‘‘(c) DESIGNATION.—For a community to be des11 ignated as a Weed-and-Seed community for purposes of 

12 subsection (a)—

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

14 encompassing the community must certify to the Di15 rector that—

16 ‘‘(A) the community suffers from consist17 ently high levels of crime or otherwise is appro18 priate for such designation; 

19 ‘‘(B) the Weed and Seed strategy pro20 posed, adopted, or implemented by the steering 

21 committee has a high probability of improving 

22 the criminal justice system within the commu23 nity and contains all the elements required by 

24 the Director; and 
56

•HR 3402 IH 

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

2 implementing the strategy appropriately; and 

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

4 timely and effective plan to independently sustain 

5 the strategy (or, at a minimum, a majority of the 

6 best practices of the strategy) when assistance under 

7 this section is no longer available. 

8 ‘‘(d) APPLICATION.—An application for designation 

9 as a Weed-and-Seed community for purposes of subsection 

10 (a) shall be submitted to the Director by the steering com11 mittee of the community in such form, and containing 

12 such information and assurances, as the Director may re13 quire. The application shall propose—

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

15 includes—

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

17 States Attorney for the District encompassing 

18 the community, the Drug Enforcement Admin19 istration’s special agent in charge for the juris20 diction encompassing the community, and other 

21 Federal law enforcement agencies operating in 

22 the vicinity; 

23 ‘‘(B) a significant community-oriented po24 licing component; and 
57

•HR 3402 IH 

1 ‘‘(C) demonstrated coordination with com2 plementary neighborhood and community-based 

3 programs and initiatives; and 

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

5 specific objective indicia of performance to be used 

6 to evaluate the effectiveness of the strategy. 

7 ‘‘(e) GRANTS.—

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

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

10 may make grants to that community. 

11 ‘‘(2) USES.—For each grant under this sub12 section, the community receiving that grant—

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

14 the grant amounts for Seeding activities under 

15 subsection (a)(2); and 

16 ‘‘(B) may not use any of the grant 

17 amounts for construction, except that the As18 sistant Attorney General may authorize use of 

19 grant amounts for incidental or minor construc20 tion, renovation, or remodeling. 

21 ‘‘(3) LIMITATIONS.—A community may not re22 ceive grants under this subsection (or fall within 

23 such a community)—

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

25 years; 
58

•HR 3402 IH 

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

2 except that the Assistant Attorney General 

3 may, in single increments and only upon a 

4 showing of extraordinary circumstances, author5 ize grants for not more than 3 additional sepa6 rate fiscal years; or 

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

8 $1,000,000, except that the Assistant Attorney 

9 General may, upon a showing of extraordinary 

10 circumstances, authorize grants for not more 

11 than an additional $500,000. 

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

13 this subsection, the Director shall ensure that—

14 ‘‘(A) to the extent practicable, the distribu15 tion of such grants is geographically equitable 

16 and includes both urban and rural areas of 

17 varying population and area; and 

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

19 clearly and effectively coordinate crime preven20 tion programs with other Federal programs in 

21 a manner that addresses the overall needs of 

22 such communities. 

23 ‘‘(5) FEDERAL SHARE.—(A) Subject to sub24 paragraph (B), the Federal share of a grant under 

25 this subsection may not exceed 75 percent of the 
59

•HR 3402 IH 

1 total costs of the projects described in the applica2 tion for which the grant was made. 

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

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

5 and 

6 ‘‘(ii) may be waived by the Assistant Attor7 ney General upon a determination that the fi8 nancial circumstances affecting the applicant 

9 warrant a finding that such a waiver is equi10 table. 

11 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To re12 ceive a grant under this subsection, the applicant 

13 must provide assurances that the amounts received 

14 under the grant shall be used to supplement, not 

15 supplant, non-Federal funds that would otherwise be 

16 available for programs or services provided in the 

17 community.’’. 

18 (b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED

19 AND SEED; TRANSFERS OF FUNCTIONS.—

20 (1) ABOLISHMENT.—The Executive Office of 

21 Weed and Seed is abolished. 

22 (2) TRANSFER.—There are hereby transferred 

23 to the Office of Weed and Seed Strategies all func24 tions and activities performed immediately before 
60

•HR 3402 IH 

1 the date of the enactment of this Act by the Execu2 tive Office of Weed and Seed Strategies. 

3 (c) EFFECTIVE DATE.—This section and the amend4 ments made by this section take effect 90 days after the 

5 date of the enactment of this Act. 

6 Subtitle C—Assisting Victims of 

7 Crime 

8 SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS 

9 TO IMPROVE OUTREACH SERVICES TO VIC10 TIMS OF CRIME. 

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

12 (42 U.S.C. 10603(c)), as most recently amended by sec13 tion 623 of the USA PATRIOT Act (Public Law 107–

14 56; 115 Stat. 372), is amended—

15 (1) in paragraph (1)—

16 (A) in the matter preceding subparagraph 

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

18 (B) in subparagraph (A), by striking 

19 ‘‘and’’ at the end; 

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

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

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

23 subparagraph: 

24 ‘‘(C) for nonprofit neighborhood and commu25 nity-based victim service organizations and coalitions 
61

•HR 3402 IH 

1 to improve outreach and services to victims of 

2 crime.’’; 

3 (2) in paragraph (2)—

4 (A) in subparagraph (A)—

5 (i) by striking ‘‘paragraph (1)(A)’’ 

6 and inserting ‘‘paragraphs (1)(A) and 

7 (1)(C)’’; 

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

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

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

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

12 subparagraph: 

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

14 any single grant under paragraph (1)(C).’’. 

15 SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN 

16 AUTHORITIES RELATING TO CRIME VICTIMS 

17 FUND. 

18 Section 1402 of the Victims of Crime Act of 1984 

19 (42 U.S.C. 10601) is amended as follows: 

20 (1) AUTHORITY TO ACCEPT GIFTS.—Subsection 

21 (b)(5) of such section is amended by striking the pe22 riod at the end and inserting the following: ‘‘, which 

23 the Director is hereby authorized to accept for de24 posit into the Fund, except that the Director is not 
62

•HR 3402 IH 

1 hereby authorized to accept any such gift, bequest, 

2 or donation that—

3 ‘‘(A) attaches conditions inconsistent with 

4 applicable laws or regulations; or 

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

6 the expenditure of appropriated funds that are 

7 not available to the Office for Victims of 

8 Crime.’’. 

9 (2) AUTHORITY TO REPLENISH ANTITERRORISM

10 EMERGENCY RESERVE.—Subsection (d)(5)(A) of 

11 such section is amended by striking ‘‘expended’’ and 

12 inserting ‘‘obligated’’. 

13 (3) AUTHORITY TO MAKE GRANTS TO INDIAN

14 TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Sub15 section (g) of such section is amended—

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

17 through the Director,’’; 

18 (B) by redesignating paragraph (2) as 

19 paragraph (3); and 

20 (C) by inserting after paragraph (1) the 

21 following new paragraph: 

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

23 funds available under subsection (d)(2) (prior to distribu24 tion) for grants to Indian tribes to establish victim assist25 ance programs, as appropriate.’’. 
63

•HR 3402 IH 

1 SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM 

2 GRANTS MAY BE USED BY STATE FOR TRAIN3 ING PURPOSES. 

4 (a) CRIME VICTIM COMPENSATION.—Section 

5 1403(a)(3) of the Victims of Crime Act of 1984 (42 

6 U.S.C. 10602(a)(3)) is amended by inserting after ‘‘may 

7 be used for’’ the following: ‘‘training purposes and’’. 

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

9 of such Act (42 U.S.C. 10603(b)(3)) is amended by insert10 ing after ‘‘may be used for’’ the following: ‘‘training pur11 poses and’’.

12 SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO 

13 VIOLENCE AGAINST WOMEN FORMULA AND 

14 DISCRETIONARY GRANT PROGRAMS. 

15 (a) CLARIFICATION OF SPECIFIC PURPOSES.—Sec16 tion 2001(b) of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended 

18 in the matter preceding paragraph (1) by inserting after 

19 ‘‘violent crimes against women’’ the following: ‘‘to develop 

20 and strengthen victim services in cases involving violent 

21 crimes against women’’. 

22 (b) CLARIFICATION OF STATE GRANTS.—Section 

23 2007 of the Omnibus Crime Control and Safe Streets Act 

24 of 1968 (42 U.S.C. 3796gg–1) is amended—

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

26 and all that follows through ‘‘tribal governments’’; 
64

•HR 3402 IH 

1 (2) in subsection (b)—

2 (A) in each of paragraphs (2) and (3), by 

striking ‘‘1⁄54’’ and inserting ‘‘1 3 ⁄53’’; and 

4 (B) in paragraph (4), by striking ‘‘in In5 dian country’’; 

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

7 and inserting ‘‘law enforcement’’; and 

8 (4) in subsection (d)—

9 (A) in the second sentence, by inserting 

10 after ‘‘each application’’ the following: ‘‘sub11 mitted by a State’’; and 

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

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

14 application submitted by a State or tribal gov15 ernment’’. 

16 (c) CHANGE FROM ANNUAL TO BIENNIAL REPORT17 ING.—Section 2009(b) of such Act (42 U.S.C. 3796gg–

18 3) is amended by striking ‘‘Not later than’’ and all that 

19 follows through ‘‘the Attorney General shall submit’’ and 

20 inserting the following: ‘‘Not later than one month after 

21 the end of each even-numbered fiscal year, the Attorney 

22 General shall submit’’. 

23 (d) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

24 Section 2010 of such Act (42 U.S.C. 3796gg–4) is amend25 ed by adding at the end the following new subsections: 
65

•HR 3402 IH 

1 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov2 ernment may use Federal grant funds under this part to 

3 pay for forensic medical exams performed by trained ex4 aminers for victims of sexual assault, except that such 

5 funds may not be used to pay for forensic medical exams 

6 by any State or Indian tribal government that requires 

7 victims of sexual assault to seek reimbursement for such 

8 exams from their insurance carriers. 

9 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to require a victim of sexual assault 

11 to participate in the criminal justice system or cooperate 

12 with law enforcement in order to be provided with a foren13 sic medical exam, reimbursement for charges incurred on 

14 account of such an exam, or both.’’. 

15 (e) TECHNICAL AMENDMENT.—The heading for Part 

16 T of title I of the Omnibus Crime Control and Safe Streets 

17 Act of 1968 (42 U.S.C. 3796gg et seq.) is amended to 

18 read as follows: 
66

•HR 3402 IH 

1 ‘‘PART T—GRANTS TO COMBAT VIOLENT CRIMES 

2 AGAINST WOMEN’’. 

3 SEC. 225. EXPANSION OF GRANT PROGRAMS ASSISTING EN4 FORCEMENT OF DOMESTIC VIOLENCE CASES 

5 TO ALSO ASSIST ENFORCEMENT OF SEXUAL 

6 ASSAULT CASES. 

7 (a) GRANTS TO ENCOURAGE DOMESTIC VIOLENCE

8 ARREST POLICIES.—Section 2101 of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) 

10 is amended—

11 (1) in subsection (a), by striking ‘‘to treat do12 mestic violence as a serious violation’’ and inserting 

13 ‘‘to treat domestic violence and sexual assault as se14 rious violations’’; 

15 (2) in subsection (b)—

16 (A) in each of paragraphs (2) and (5), by 

17 striking ‘‘domestic violence and dating violence’’ 

18 and inserting ‘‘domestic violence, sexual assault, 

19 and dating violence’’; 

20 (B) in paragraph (3), by striking ‘‘domes21 tic violence cases’’ and inserting ‘‘domestic vio22 lence and sexual assault cases’’; and 

23 (C) in paragraph (6), by striking ‘‘about 

24 domestic violence’’ and inserting ‘‘about domes25 tic violence and sexual assault’’; and 
67

•HR 3402 IH 

1 (3) in subsection (d), by striking ‘‘In this sec2 tion, the term’’ and inserting ‘‘In this part—

3 ‘‘(1) the term ‘sexual assault’ has the meaning 

4 given the term in section 2008; and 

5 ‘‘(2) the term’’. 

6 (b) APPLICATIONS.—Section 2102(b) of such Act (42 

7 U.S.C. 3796hh–1(b)) is amended in each of paragraphs 

8 (1) and (2) by inserting after ‘‘involving domestic vio9 lence’’ the following: ‘‘or sexual assault’’. 

10 (c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

11 ENFORCEMENT ASSISTANCE.—Section 40295(a) of the 

12 Violence Against Women Act of 1994 (title IV of the Vio13 lent Crime Control and Law Enforcement Act of 1994; 

14 42 U.S.C. 13971(a)) is amended in each of paragraphs 

15 (1) and (2) by striking ‘‘domestic violence and dating vio16 lence (as defined in section 2003’’ and inserting ‘‘domestic 

17 violence, sexual assault, and dating violence (as such 

18 terms are defined in section 2008’’. 

19 SEC. 226. CHANGE OF CERTAIN REPORTS FROM ANNUAL 

20 TO BIENNIAL. 

21 (a) STALKING AND DOMESTIC VIOLENCE.—Section 

22 40610 of the Violence Against Women Act of 1994 (title 

23 IV of the Violent Crime Control and Law Enforcement 

24 Act of 1994; 42 U.S.C. 14039) is amended by striking 

25 ‘‘The Attorney General shall submit to the Congress an 
68

•HR 3402 IH 

1 annual report, beginning one year after the date of the 

2 enactment of this Act, that provides’’ and inserting ‘‘Each 

3 even-numbered fiscal year, the Attorney General shall sub4 mit to the Congress a biennial report that provides’’. 

5 (b) SAFE HAVENS FOR CHILDREN.—Section 

6 1301(d)(1) of the Victims of Trafficking and Violence 

7 Protection Act of 2000 (42 U.S.C. 10420(d)(1)) is amend8 ed in the matter preceding subparagraph (A) by striking 

9 ‘‘Not later than 1 year after the last day of the first fiscal 

10 year commencing on or after the date of the enactment 

11 of this Act, and not later than 180 days after the last 

12 day of each fiscal year thereafter,’’ and inserting ‘‘Not 

13 later than one month after the end of each even-numbered 

14 fiscal year,’’. 

15 SEC. 227. CLARIFICATION OF RECIPIENTS AND PROGRAMS 

16 ELIGIBLE FOR GRANTS UNDER RURAL DO17 MESTIC VIOLENCE AND CHILD ABUSE EN18 FORCEMENT ASSISTANCE PROGRAM. 

19 Section 40295 of the Violence Against Women Act 

20 of 1994 (title IV of the Violent Crime Control and Law 

21 Enforcement Act of 1994; 42 U.S.C. 13971) is amended 

22 as follows: 

23 (1) in subsection (a), in the matter preceding 

24 paragraph (1), by striking ‘‘to States, Indian tribal 

25 governments, and local governments of rural States, 
69

•HR 3402 IH 

1 and to other public or private entities of rural 

2 States’’ and inserting ‘‘to States, Indian tribal gov3 ernments, local governments, and public or private 

4 entities, for programs serving rural areas or rural 

5 communities’’; and 

6 (2) in subsection (b)—

7 (A) by inserting ‘‘(1) the term’’ before 

8 ‘‘‘Indian tribe’ means’’; 

9 (B) by striking ‘‘Indians.’’ and all that fol10 lows through the period at the end and insert11 ing ‘‘Indians; and 

12 ‘‘(2) the terms ‘rural area’ and ‘rural commu13 nity’ have the meanings given those terms in section 

14 491(k)(2) of the McKinney-Vento Homeless Assist15 ance Act (42 U.S.C. 11408(k)(2)).’’. 

16 Subtitle D—Preventing Crime 

17 SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OF18 FENDER FOR PURPOSES OF JUVENILE DRUG 

19 COURTS. 

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

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

22 amended in the matter preceding paragraph (1) by strik23 ing ‘‘an offense that’’ and inserting ‘‘a felony-level offense 

24 that’’. 
70

•HR 3402 IH 

1 SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF 

2 GRANTS FOR DRUG COURTS. 

3 (a) MINIMUM ALLOCATION REPEALED.—Section 

4 2957 of such Act (42 U.S.C. 3797u–6) is amended by 

5 striking subsection (b). 

6 (b) TECHNICAL ASSISTANCE AND TRAINING.—Such 

7 section is further amended by adding at the end the fol8 lowing new subsection: 

9 ‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Un10 less one or more applications submitted by any State or 

11 unit of local government within such State (other than an 

12 Indian tribe) for a grant under this part has been funded 

13 in any fiscal year, such State, together with eligible appli14 cants within such State, shall be provided targeted tech15 nical assistance and training by the Community Capacity 

16 Development Office to assist such State and such eligible 

17 applicants to successfully compete for future funding 

18 under this part.’’. 

19 SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT 

20 GRANTS PROGRAM EXTENDED TO COURTS 

21 THAT SUPERVISE NON-OFFENDERS WITH 

22 SUBSTANCE ABUSE PROBLEMS. 

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

24 3797u(a)(1)) is amended by striking ‘‘offenders with sub25 stance abuse problems’’ and inserting ‘‘offenders, and 
71

•HR 3402 IH 

1 other individuals under the jurisdiction of the court, with 

2 substance abuse problems’’. 

3 SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE 

4 TREATMENT PROGRAM FOR LOCAL FACILI5 TIES. 

6 Section 1904 of the Omnibus Crime Control and Safe 

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

8 adding at the end the following new subsection: 

9 ‘‘(d) DEFINITION.—In this section, the term ‘jail10 based substance abuse treatment program’ means a course 

11 of individual and group activities, lasting for a period of 

12 not less than 3 months, in an area of a correctional facility 

13 set apart from the general population of the correctional 

14 facility, if those activities are—

15 ‘‘(1) directed at the substance abuse problems 

16 of the prisoners; and 

17 ‘‘(2) intended to develop the cognitive, behav18 ioral, and other skills of prisoners in order to ad19 dress the substance abuse and related problems of 

20 prisoners.’’. 

21 Subtitle E—Other Matters 

22 SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES. 

23 (a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM

24 PAYING STATES INTEREST ON LATE DISBURSEMENTS

25 ALSO EXEMPTED FROM PAYING CHARGE TO TREASURY
72

•HR 3402 IH 

1 FOR UNTIMELY DISBURSEMENTS.—Section 204(f) of 

2 such Act (116 Stat. 1776; 31 U.S.C. 6503 note) is amend3 ed—

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

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

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

7 ‘‘sections 3335(b) or 6503’’. 

8 (b) SOUTHWEST BORDER PROSECUTOR INITIATIVE

9 INCLUDED AMONG SUCH EXEMPTED PROGRAMS.—Sec10 tion 204(f) of such Act is further amended by striking 

11 ‘‘pursuant to section 501(a)’’ and inserting ‘‘pursuant to 

12 the Southwest Border Prosecutor Initiative (as carried out 

13 pursuant to paragraph (3) (117 Stat. 64) under the head14 ing relating to Community Oriented Policing Services of 

15 the Department of Justice Appropriations Act, 2003 (title 

16 I of division B of Public Law 108–7), or as carried out 

17 pursuant to any subsequent authority) or section 501(a)’’. 

18 (c) FUNDS AVAILABLE FOR ATFE MAY BE USED

19 FOR AIRCRAFT, BOATS, AMMUNITION, FIREARMS, FIRE20 ARMS COMPETITIONS, AND ANY AUTHORIZED ACTIV21 ITY.—Section 530C(b) of title 28, United States Code, is 

22 amended—

23 (1) in paragraph (2), in each of subparagraphs 

24 (A) and (B), by inserting ‘‘for the Bureau of Alco-
73

•HR 3402 IH 

1 hol, Tobacco, Firearms, and Explosives,’’ before ‘‘for 

2 the Drug Enforcement Administration,’’; and 

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

4 paragraph: 

5 ‘‘(8) BUREAU OF ALCOHOL, TOBACCO, FIRE6 ARMS, AND EXPLOSIVES.—Funds available to the 

7 Attorney General for the Bureau of Alcohol, To8 bacco, Firearms, and Explosives may be used for the 

9 conduct of all its authorized activities.’’. 

10 (d) AUDITS AND REPORTS ON ATFE UNDERCOVER

11 INVESTIGATIVE OPERATIONS.—Section 102(b) of the De12 partment of Justice and Related Agencies Appropriations 

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

14 section 815(d) of the Antiterrorism and Effective Death 

15 Penalty Act of 1996 (28 U.S.C. 533 note) shall apply with 

16 respect to the Bureau of Alcohol, Tobacco, Firearms, and 

17 Explosives and the undercover investigative operations of 

18 the Bureau on the same basis as such section applies with 

19 respect to any other agency and the undercover investiga20 tive operations of such agency. 

21 SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTOR22 NEY GENERAL. 

23 (a) COORDINATE AND SUPPORT OFFICE FOR VIC24 TIMS OF CRIME.—Section 102 of the Omnibus Crime Con25 trol and Safe Streets Act of 1968 (42 U.S.C. 3712) is 
74

•HR 3402 IH 

1 amended in subsection (a)(5) by inserting after ‘‘the Bu2 reau of Justice Statistics,’’ the following: ‘‘the Office for 

3 Victims of Crime,’’. 

4 (b) SETTING GRANT CONDITIONS AND PRIOR5 ITIES.—Such section is further amended in subsection 

6 (a)(6) by inserting ‘‘, including placing special conditions 

7 on all grants, and determining priority purposes for for8 mula 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 

12 treated, for purposes of any provision of law, as having 

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

14 or 170102 (42 U.S.C. 14072) of the Violent Crime Con15 trol and Law Enforcement Act of 1994 until 36 months 

16 after the date of the enactment of this Act, except that 

17 the Attorney General may grant an additional 24 months 

18 to a State that is making good faith efforts to comply with 

19 such sections. 

20 (b) TIME FOR REGISTRATION OF CURRENT AD21 DRESS.—Subsection (a)(1)(B) of such section 170101 is 

22 amended by striking ‘‘unless such requirement is termi23 nated under’’ and inserting ‘‘for the time period specified 

24 in’’. 
75

•HR 3402 IH 

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 

4 Safe Streets Act of 1968 are repealed: 

5 (1) CRIMINAL JUSTICE FACILITY CONSTRUC6 TION PILOT PROGRAM.—Part F (42 U.S.C. 3769–

7 3769d). 

8 (2) MATCHING GRANT PROGRAM FOR SCHOOL

9 SECURITY.—Part AA (42 U.S.C. 3797a–3797e). 

10 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE11 MENT ACT PROGRAMS.—The following provisions of the 

12 Violent Crime Control and Law Enforcement Act of 1994 

13 are repealed: 

14 (1) LOCAL CRIME PREVENTION BLOCK GRANT

15 PROGRAM.—Subtitle B of title III (42 U.S.C. 

16 13751–13758). 

17 (2) ASSISTANCE FOR DELINQUENT AND AT18 RISK YOUTH.—Subtitle G of title III (42 U.S.C. 

19 13801–13802). 

20 (3) IMPROVED TRAINING AND TECHNICAL AU21 TOMATION.—Subtitle E of title XXI (42 U.S.C. 

22 14151). 

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

24 of title XXI (42 U.S.C. 14161). 
76

•HR 3402 IH 

1 SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING 

2 REQUIREMENTS. 

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

4 Safe Streets Act of 1968 is amended as follows: 

5 (1) NOTICE AND HEARING ON DENIAL OR TER6 MINATION OF GRANT.—Section 802 (42 U.S.C. 

7 3783) of such part is amended—

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

9 and 

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

11 (2) FINALITY OF DETERMINATIONS.—Section 

12 803 (42 U.S.C. 3784) of such part is amended—

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

14 and opportunity for a hearing,’’; and 

15 (B) by striking ‘‘, except as otherwise pro16 vided herein’’. 

17 (3) REPEAL OF APPELLATE COURT REVIEW.—

18 Section 804 (42 U.S.C. 3785) of such part is re19 pealed. 

20 SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNI21 BUS CRIME CONTROL AND SAFE STREETS 

22 ACT OF 1968. 

23 Section 901 of title I of the Omnibus Crime Control 

24 and Safe Streets Act of 1968 (42 U.S.C. 3791) is amend25 ed as follows: 
77

•HR 3402 IH 

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

2 such section is amended by striking ‘‘(as that term 

3 is defined in section 103 of the Juvenile Justice and 

4 Delinquency Prevention Act of 1974 (42 U.S.C. 

5 5603))’’. 

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

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

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

9 (3) NEIGHBORHOOD OR COMMUNITY-BASED OR10 GANIZATIONS.—Subsection (a)(11) of such section is 

11 amended by striking ‘‘which’’ and inserting ‘‘, in12 cluding faith-based, that’’. 

13 (4) INDIAN TRIBE; PRIVATE PERSON.—Sub14 section (a) of such section is further amended—

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

16 the end; 

17 (B) in paragraph (25) by striking the pe18 riod at the end and inserting a semicolon; and 

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

20 paragraphs: 

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

22 given the term ‘Indian tribe’ in section 4(e) of the 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 450b(e)); and 
78

•HR 3402 IH 

1 ‘‘(27) the term ‘private person’ means any indi2 vidual (including an individual acting in his official 

3 capacity) and any private partnership, corporation, 

4 association, organization, or entity (or any combina5 tion thereof).’’. 

6 SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSIST7 ENCE PAYMENTS TO PRISONERS FOR 

8 HEALTH CARE ITEMS AND SERVICES. 

9 Section 4006 of title 18, United States Code, is 

10 amended—

11 (1) in subsection (a) by inserting after ‘‘The 

12 Attorney General’’ the following: ‘‘or the Secretary 

13 of Homeland Security, as applicable,’’; and 

14 (2) in subsection (b)(1)—

15 (A) by striking ‘‘the Immigration and Nat16 uralization Service’’ and inserting ‘‘the Depart17 ment of Homeland Security’’; 

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

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

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

21 (C) by striking ‘‘items and services’’ and 

22 all that follows through ‘‘the Medicare pro23 gram’’ and inserting ‘‘items and services under 

24 the Medicare program’’; and 
79

•HR 3402 IH 

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

2 through the period at the end and inserting a 

3 period. 

4 SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE5 MENT. 

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

7 Crime Control and Safe Streets Act of 1968 is amended 

8 by adding after section 104, as added by section 211 of 

9 this Act, the following new section: 

10 ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE11 MENT. 

12 ‘‘(a) ESTABLISHMENT.—

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

14 the Office an Office of Audit, Assessment, and Man15 agement, headed by a Director appointed by the At16 torney General. In carrying out the functions of the 

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

18 direction, and control of the Attorney General. Such 

19 authority, direction, and control may be delegated 

20 only to the Assistant Attorney General, without re21 delegation. 

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

23 shall be to carry out and coordinate performance au24 dits of, take actions to ensure compliance with the 

25 terms of, and manage information with respect to, 
80

•HR 3402 IH 

1 grants under programs covered by subsection (b). 

2 The Director shall take special conditions of the 

3 grant into account and consult with the office that 

4 issued those conditions to ensure appropriate compli5 ance. 

6 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex7 clusive element of the Department of Justice, other 

8 than the Inspector General, performing functions 

9 and activities for the purpose specified in paragraph 

10 (2). There are hereby transferred to the Office all 

11 functions and activities, other than functions and ac12 tivities of the Inspector General, for such purpose 

13 performed immediately before the date of the enact14 ment of this Act by any other element of the De15 partment. 

16 ‘‘(b) COVERED PROGRAMS.—The programs referred 

17 to in subsection (a) are the following: 

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

19 ‘‘(2) Any grant program carried out by the Of20 fice of Justice Programs. 

21 ‘‘(3) Any other grant program carried out by 

22 the Department of Justice that the Attorney General 

23 considers appropriate. 

24 ‘‘(c) PERFORMANCE AUDITS REQUIRED.—
81

•HR 3402 IH 

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

2 grants awarded under the programs covered by sub3 section (b) and carry out performance audits on 

4 such grants. In selecting such grants, the Director 

5 shall ensure that the aggregate amount awarded 

6 under the grants so selected represent not less than 

7 10 percent of the aggregate amount of money 

8 awarded under all such grant programs. 

9 ‘‘(2) RELATIONSHIP TO NIJEVALUATIONS.—

10 This subsection does not affect the authority or duty 

11 of the Director of the National Institute of Justice 

12 to carry out overall evaluations of programs covered 

13 by subsection (b), except that such Director shall 

14 consult with the Director of the Office in carrying 

15 out such evaluations. 

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

17 performance audit required by paragraph (1) of a 

18 grant selected under paragraph (1) shall be carried 

19 out—

20 ‘‘(A) not later than the end of the grant 

21 period, if the grant period is not more than 1 

22 year; and 

23 ‘‘(B) at the end of each year of the grant 

24 period, if the grant period is more than 1 year. 
82

•HR 3402 IH 

1 ‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The Direc2 tor shall take such actions to ensure compliance with the 

3 terms of a grant as the Director considers appropriate 

4 with respect to each grant that the Director determines 

5 (in consultation with the head of the element of the De6 partment of Justice concerned), through a performance 

7 audit under subsection (a) or other means, is not in com8 pliance with such terms. In the case of a misuse of more 

9 than 1 percent of the grant amount concerned, the Direc10 tor shall, in addition to any other action to ensure compli11 ance that the Director considers appropriate, ensure that 

12 the entity responsible for such misuse ceases to receive any 

13 funds under any program covered by subsection (b) until 

14 such entity repays to the Attorney General an amount 

15 equal to the amounts misused. The Director may, in un16 usual circumstances, grant relief from this requirement to 

17 ensure that an innocent party is not punished. 

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

19 shall establish and maintain, in consultation with the chief 

20 information officer of the Office, a modern, automated 

21 system for managing all information relating to the grants 

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

23 ‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 5 per24 cent of all funding made available for a fiscal year for the 

25 programs covered by subsection (b) shall be reserved for 
83

•HR 3402 IH 

1 the activities of the Office of Audit, Assessment, and Man2 agement as authorized by this section.’’. 

3 (b) EFFECTIVE DATE.—This section and the amend4 ment made by this section take effect 90 days after the 

5 date of the enactment of this Act. 

6 SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE. 

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

8 Crime Control and Safe Streets Act of 1968 is amended 

9 by adding after section 105, as added by section 248 of 

10 this Act, the following new section: 

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

12 ‘‘(a) ESTABLISHMENT.—

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

14 the Office a Community Capacity Development Of15 fice, headed by a Director appointed by the Attorney 

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

17 the Director shall be subject to the authority, direc18 tion, and control of the Attorney General. Such au19 thority, direction, and control may be delegated only 

20 to the Assistant Attorney General, without redelega21 tion. 

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

23 shall be to provide training to actual and prospective 

24 participants under programs covered by section 

25 105(b) to assist such participants in understanding 
84

•HR 3402 IH 

1 the substantive and procedural requirements for par2 ticipating in such programs. 

3 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex4 clusive element of the Department of Justice per5 forming functions and activities for the purpose 

6 specified in paragraph (2). There are hereby trans7 ferred to the Office all functions and activities for 

8 such purpose performed immediately before the date 

9 of the enactment of this Act by any other element 

10 of the Department. This does not preclude a grant11 making office from providing specialized training 

12 and technical assistance in its area of expertise. 

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

14 with the heads of the other elements of the Department, 

15 carry out the purpose of the Office through the following 

16 means: 

17 ‘‘(1) Promoting coordination of public and pri18 vate efforts and resources within or available to 

19 States, units of local government, and neighborhood 

20 and community-based organizations. 

21 ‘‘(2) Providing information, training, and tech22 nical assistance. 

23 ‘‘(3) Providing support for inter- and intra24 agency task forces and other agreements and for as-
85

•HR 3402 IH 

1 sessment of the effectiveness of programs, projects, 

2 approaches, or practices. 

3 ‘‘(4) Providing in the assessment of the effec4 tiveness of neighborhood and community-based law 

5 enforcement and crime prevention strategies and 

6 techniques, in coordination with the National Insti7 tute of Justice. 

8 ‘‘(5) Any other similar means. 

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

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

11 participants. In a case in which remedial training is appro12 priate, as recommended by the Director or the head of 

13 any element of the Department, such training may be pro14 vided on a local basis to a single such participant. 

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

16 ‘‘(1) identify grants under which clearly bene17 ficial outcomes were obtained, and the characteris18 tics of those grants that were responsible for obtain19 ing those outcomes; and 

20 ‘‘(2) incorporate those characteristics into the 

21 training provided under this section. 

22 ‘‘(e) AVAILABILITY OF FUNDS.—Not to exceed 5 per23 cent of all funding made available for a fiscal year for the 

24 programs covered by section 105(b) shall be reserved for 
86

•HR 3402 IH 

1 the activities of the Community Capacity Development Of2 fice as authorized by this section.’’. 

3 (b) EFFECTIVE DATE.—This section and the amend4 ment made by this section take effect 90 days after the 

5 date of the enactment of this Act. 

6 SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECH7 NOLOGY. 

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

9 Crime Control and Safe Streets Act of 1968 is amended 

10 by adding after section 106, as added by section 249 of 

11 this Act, the following new section: 

12 ‘‘SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECH13 NOLOGY. 

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

15 the Office an Office of Applied Law Enforcement Tech16 nology, headed by a Director appointed by the Attorney 

17 General. The purpose of the Office shall be to provide 

18 leadership and focus to those grants of the Department 

19 of Justice that are made for the purpose of using or im20 proving law enforcement computer systems. 

21 ‘‘(b) DUTIES.—In carrying out the purpose of the Of22 fice, the Director shall—

23 ‘‘(1) establish clear minimum standards for 

24 computer systems that can be purchased using 

25 amounts awarded under such grants; and 
87

•HR 3402 IH 

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

2 such systems to participate in crime reporting pro3 grams administered by the Department.’’. 

4 (b) EFFECTIVE DATE.—This section and the amend5 ment made by this section take effect 90 days after the 

6 date of the enactment of this Act. 

7 SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS. 

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

9 Crime Control and Safe Streets Act of 1968 is amended 

10 by adding after section 107, as added by section 250 of 

11 this Act, the following new section: 

12 ‘‘SEC. 108. AVAILABILITY OF FUNDS. 

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

14 ‘‘(1) IN GENERAL.—Unless otherwise specifi15 cally provided in an authorization, DOJ grant funds 

16 for a fiscal year shall remain available to be awarded 

17 and distributed to a grantee only in that fiscal year 

18 and the three succeeding fiscal years, subject to 

19 paragraphs (2) and (3). DOJ grant funds not so 

20 awarded and distributed shall revert to the Treas21 ury. 

22 ‘‘(2) TREATMENT OF REPROGRAMMED

23 FUNDS.—DOJ grant funds for a fiscal year that are 

24 reprogrammed in a later fiscal year shall be treated 
88

•HR 3402 IH 

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

2 for such later fiscal year. 

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

4 DOJ grant funds were obligated and then 

5 deobligated, the period of availability that applies to 

6 those grant funds under paragraph (1) shall be ex7 tended by a number of days equal to the number of 

8 days from the date on which those grant funds were 

9 obligated to the date on which those grant funds 

10 were deobligated. 

11 ‘‘(b) PERIOD FOR EXPENDING GRANT FUNDS.—

12 DOJ grant funds for a fiscal year that have been awarded 

13 and distributed to a grantee may be expended by that 

14 grantee only in the period permitted under the terms of 

15 the grant. DOJ grant funds not so expended shall revert 

16 to the Treasury. 

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

18 grant funds’ means, for a fiscal year, amounts appro19 priated for activities of the Department of Justice in car20 rying out grant programs for that fiscal year. 

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

22 grant funds for fiscal years beginning with fiscal year 

23 2004.’’. 
89

•HR 3402 IH 

1 (b) EFFECTIVE DATE.—This section and the amend2 ment made by this section take effect 90 days after the 

3 date of the enactment of this Act. 

4 SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT 

5 SYSTEMS OF OFFICE OF JUSTICE PROGRAMS. 

6 (a) CONSOLIDATION OF ACCOUNTING ACTIVITIES

7 AND PROCUREMENT ACTIVITIES.—The Assistant Attor8 ney General of the Office of Justice Programs shall ensure 

9 that—

10 (1) all accounting activities for all elements of 

11 the Office of Justice Programs are carried out under 

12 the direct management of the Office of the Comp13 troller; and 

14 (2) all procurement activities for all elements of 

15 the Office are carried out under the direct manage16 ment of the Office of Administration. 

17 (b) FURTHER CONSOLIDATION OF PROCUREMENT

18 ACTIVITIES.—The Assistant Attorney General shall en19 sure that, on and after September 30, 2008—

20 (1) all procurement activities for all elements of 

21 the Office are carried out through a single manage22 ment office; and 

23 (2) all contracts and purchase orders used in 

24 carrying out those activities are processed through a 

25 single procurement system. 
90

•HR 3402 IH 

1 (c) CONSOLIDATION OF FINANCIAL MANAGEMENT

2 SYSTEMS.—The Assistant Attorney General shall ensure 

3 that, on and after September 30, 2010, all financial man4 agement activities (including human resources, payroll, 

5 and accounting activities, as well as procurement activi6 ties) of all elements of the Office are carried out through 

7 a single financial management system. 

8 (d) ACHIEVING COMPLIANCE.—

9 (1) SCHEDULE.—The Assistant Attorney Gen10 eral shall undertake a scheduled consolidation of op11 erations to achieve compliance with the requirements 

12 of this section. 

13 (2) SPECIFIC REQUIREMENTS.—With respect to 

14 achieving compliance with the requirements of—

15 (A) subsection (a), the consolidation of op16 erations shall be initiated not later than 90 

17 days after the date of the enactment of this 

18 Act; and 

19 (B) subsections (b) and (c), the consolida20 tion of operations shall be initiated not later 

21 than September 30, 2005, and shall be carried 

22 out by the Office of Administration, in con23 sultation with the Chief Information Officer 

24 and the Office of Audit, Assessment, and Man25 agement.
91

•HR 3402 IH 

1 SEC. 253. AUTHORIZATION AND CHANGE OF COPS PRO2 GRAM TO SINGLE GRANT PROGRAM. 

3 (a) IN GENERAL.—Section 1701 of title I of the Om4 nibus Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3796dd) is amended—

6 (1) by amending subsection (a) to read as fol7 lows: 

8 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen9 eral shall carry out a single grant program under which 

10 the Attorney General makes grants to States, units of 

11 local government, Indian tribal governments, other public 

12 and private entities, and multi-jurisdictional or regional 

13 consortia for the purposes described in subsection (b).’’; 

14 (2) by striking subsections (b) and (c); 

15 (3) by redesignating subsection (d) as sub16 section (b), and in that subsection—

17 (A) by striking ‘‘ADDITIONAL GRANT

18 PROJECTS.—Grants made under subsection (a) 

19 may include programs, projects, and other ac20 tivities to—’’ and inserting ‘‘USES OF GRANT

21 AMOUNTS.—The purposes for which grants 

22 made under subsection (a) may be made

23 are—’’; 

24 (B) by redesignating paragraphs (1) 

25 through (12) as paragraphs (6) through (17), 

26 respectively; 
92

•HR 3402 IH 

1 (C) by inserting before paragraph (6) (as 

2 so redesignated) the following new paragraphs: 

3 ‘‘(1) rehire law enforcement officers who have 

4 been laid off as a result of State and local budget 

5 reductions for deployment in community-oriented po6 licing; 

7 ‘‘(2) hire and train new, additional career law 

8 enforcement officers for deployment in community9 oriented policing across the Nation; 

10 ‘‘(3) procure equipment, technology, or support 

11 systems, or pay overtime, to increase the number of 

12 officers deployed in community-oriented policing; 

13 ‘‘(4) improve security at schools and on school 

14 grounds in the jurisdiction of the grantee through—

15 ‘‘(A) placement and use of metal detectors, 

16 locks, lighting, and other deterrent measures; 

17 ‘‘(B) security assessments; 

18 ‘‘(C) security training of personnel and 

19 students; 

20 ‘‘(D) coordination with local law enforce21 ment; and 

22 ‘‘(E) any other measure that, in the deter23 mination of the Attorney General, may provide 

24 a significant improvement in security; 
93

•HR 3402 IH 

1 ‘‘(5) award grants to pay for offices hired to 

2 perform intelligence, anti-terror, or homeland secu3 rity duties;’’; and 

4 (D) by amending paragraph (9) (as so re5 designated) to read as follows: 

6 ‘‘(9) develop new technologies, including inter7 operable communications technologies, modernized 

8 criminal record technology, and forensic technology, 

9 to assist State and local law enforcement agencies in 

10 reorienting the emphasis of their activities from re11 acting to crime to preventing crime and to train law 

12 enforcement officers to use such technologies;’’; 

13 (4) by redesignating subsections (e) through (k) 

14 as subsections (c) through (i), respectively; 

15 (5) in subsection (c) (as so redesignated) by 

16 striking ‘‘subsection (i)’’ and inserting ‘‘subsection 

17 (g)’’; and 

18 (6) by adding at the end the following new sub19 section: 

20 ‘‘(j) MATCHING FUNDS FOR SCHOOL SECURITY

21 GRANTS.—Notwithstanding subsection (i), in the case of 

22 a grant under subsection (a) for the purposes described 

23 in subsection (b)(4)—

24 ‘‘(1) the portion of the costs of a program pro25 vided by that grant may not exceed 50 percent; 
94

•HR 3402 IH 

1 ‘‘(2) any funds appropriated by Congress for 

2 the activities of any agency of an Indian tribal gov3 ernment or the Bureau of Indian Affairs performing 

4 law enforcement functions on any Indian lands may 

5 be used to provide the non-Federal share of a 

6 matching requirement funded under this subsection; 

7 and 

8 ‘‘(3) the Attorney General may provide, in the 

9 guidelines implementing this section, for the require10 ment of paragraph (1) to be waived or altered in the 

11 case of a recipient with a financial need for such a 

12 waiver or alteration.’’. 

13 (b) CONFORMING AMENDMENT.—Section 1702 of 

14 title I of such Act (42 U.S.C. 3796dd–1) is amended in 

15 subsection (d)(2) by striking ‘‘section 1701(d)’’ and in16 serting ‘‘section 1701(b)’’. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11)) 

19 is amended—

20 (1) in subparagraph (A) by striking clause (i) 

21 and all that follows through the period at the end 

22 and inserting the following: 

23 ‘‘(i) $1,047,119,000 for each of fiscal years 

24 2006 through 2009.’’; and 

25 (2) in subparagraph (B)—
95

•HR 3402 IH 

1 (A) by striking ‘‘section 1701(f)’’ and in2 serting ‘‘section 1701(d)’’; and 

3 (B) by striking the third sentence. 

4 SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BEN5 EFITS UNDER PUBLIC SAFETY OFFICERS’

6 DEATH BENEFITS PROGRAMS. 

7 (a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—

8 Section 1204 of the Omnibus Crime Control and Safe 

9 Streets Act of 1968 (42 U.S.C. 3796b), as most recently 

10 amended by section 2(a) of the Mychal Judge Police and 

11 Fire Chaplains Public Safety Officers’ Benefit Act of 2002 

12 (Public Law 107–196; 116 Stat. 719), is amended—

13 (1) by redesignating paragraphs (7) and (8) as 

14 paragraphs (8) and (9), respectively; 

15 (2) by inserting after paragraph (6) the fol16 lowing new paragraph: 

17 ‘‘(7) ‘member of a rescue squad or ambulance 

18 crew’ means an officially recognized or designated 

19 public employee member of a rescue squad or ambu20 lance crew;’’; and 

21 (3) in paragraph (4) by striking ‘‘and’’ and all 

22 that follows through the end and inserting a semi23 colon. 

24 (b) CLARIFICATION OF LIMITATION ON PAYMENTS IN

25 NON-CIVILIAN CASES.—Section 1202(5) of such Act (42 
96

•HR 3402 IH 

1 U.S.C. 3796a(5)) is amended by inserting ‘‘with respect’’ 

2 before ‘‘to any individual’’. 

3 (c) WAIVER OF COLLECTION IN CERTAIN CASES.—

4 Section 1201 of such Act (42 U.S.C. 3796) is amended 

5 by adding at the end the following: 

6 ‘‘(k) In any case in which the Bureau paid, before 

7 the date of the enactment of Public Law 107–196, any 

8 benefit under this part to an individual who—

9 ‘‘(1) before the enactment of that law was enti10 tled to receive that benefit; and 

11 ‘‘(2) by reason of the retroactive effective date 

12 of that law is no longer entitled to receive that ben13 efit, 

14 ‘‘the Bureau may suspend or end activities to collect that 

15 benefit if the Bureau determines that collecting that ben16 efit is impractical or would cause undue hardship to that 

17 individual.’’. 

18 (d) DESIGNATION OF BENEFICIARY.—Section 

19 1201(a)(4) of such Act (42 U.S.C. 3796(a)(4)) is amend20 ed to read as follows: 

21 ‘‘(4) if there is no surviving spouse or surviving 

22 child—

23 ‘‘(A) in the case of a claim made on or 

24 after the date that is 90 days after the date of 

25 the enactment of this subparagraph, to the indi-
97

•HR 3402 IH 

1 vidual designated by such officer as beneficiary 

2 under this section in such officer’s most re3 cently executed designation of beneficiary on 

4 file at the time of death with such officer’s pub5 lic safety agency, organization, or unit, provided 

6 that such individual survived such officer; or 

7 ‘‘(B) if there is no individual qualifying 

8 under subparagraph (A), to the individual des9 ignated by such officer as beneficiary under 

10 such officer’s most recently executed life insur11 ance policy, provided that such individual sur12 vived such officer; or’’. 

13 SEC. 255. RESEARCH-BASED BULLYING PREVENTION PRO14 GRAMS. 

15 Paragraph (13) of section 1801(b) of the Omnibus 

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

17 3796ee(b)) is amended by inserting before the semicolon 

18 at the end the following: ‘‘, which may include research19 based bullying prevention programs’’. 

20 SEC. 256. REAUTHORIZATION OF JUVENILE ACCOUNT21 ABILITY BLOCK GRANTS. 

22 Section 1810(a) of the Omnibus Crime Control and 

23 Safe Streets Act of 1968 (42 U.S.C. 3796gg–10(a)) is 

24 amended by striking ‘‘2002 through 2005’’ and inserting 

25 ‘‘2006 through 2009’’. 
98

•HR 3402 IH 

1 SEC. 257. SEX OFFENDER MANAGEMENT. 

2 Section 40152 of the Violent Crime Control and Law 

3 Enforcement Act of 1994 (42 U.S.C. 13941) is amended 

4 by striking subsection (c) and inserting the following: 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 $5,000,000 for each of fiscal years 2006 through 2010.’’. 

8 TITLE III—MISCELLANEOUS 

9 PROVISIONS 

10 SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC 

11 LAW 107–56. 

12 (a) STRIKING SURPLUS WORDS.—

13 (1) Section 2703(c)(1) of title 18, United 

14 States Code, is amended by striking ‘‘or’’ at the end 

15 of subparagraph (C). 

16 (2) Section 1960(b)(1)(C) of title 18, United 

17 States Code, is amended by striking ‘‘to be used to 

18 be used’’ and inserting ‘‘to be used’’. 

19 (b) PUNCTUATION AND GRAMMAR CORRECTIONS.—

20 Section 2516(1)(q) of title 18, United States Code, is 

21 amended—

22 (1) by striking the semicolon after the first 

23 close parenthesis; and 

24 (2) by striking ‘‘sections’’ and inserting ‘‘sec25 tion’’. 
99

•HR 3402 IH 

1 (c) CROSS REFERENCE CORRECTION.—Section 322 

2 of Public Law 107–56 is amended, effective on the date 

3 of the enactment of that section, by striking ‘‘title 18’’ 

4 and inserting ‘‘title 28’’. 

5 (d) CAPITALIZATION CORRECTION.—Subsections (a) 

6 and (b) of section 2703 of title 18, United States Code, 

7 are each amended by striking ‘‘CONTENTS OF WIRE OR

8 ELECTRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR

9 ELECTRONIC’’. 

10 SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS. 

11 (a) PUNCTUATION CORRECTIONS.—The heading for 

12 section 1591 of title 18, United States Code, is amended 

13 by inserting a comma after ‘‘fraud’’. 

14 (b) DUPLICATE SECTION NUMBERS.—The second 

15 section 540C in chapter 33 of title 28, United States Code, 

16 is redesignated as section 540D, and the item relating to 

17 that section in the table of sections at the beginning of 

18 that chapter is redesignated accordingly and transferred 

19 so as to be placed after the item relating to section 540C. 

20 (c) TABLE OF SECTIONS OMISSION.—The table of 

21 sections at the beginning of chapter 203 of title 18, United 

22 States Code, is amended by inserting after the item relat23 ing to section 3050 the following new item:

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and 

Explosives.’’.
100

•HR 3402 IH 

1 (d) REPEAL OF DUPLICATIVE PROGRAM.—Section 

2 316 of Part A of the Runaway and Homeless Youth Act 

3 (42 U.S.C. 5712d), as added by section 40155 of the Vio4 lent Crime Control and Law Enforcement Act of 1994 

5 (Public Law 103–322; 108 Stat. 1922), is repealed. 

6 SEC. 303. MINOR SUBSTANTIVE AMENDMENT RELATING TO 

7 CONTENTS OF FBI ANNUAL REPORT. 

8 Section 540D(b)(1)(A) of title 28, United States 

9 Code, as redesignated by section 302(b), is further amend10 ed by inserting ‘‘and the number of such personnel who 

11 receive danger pay under section 151 of the Foreign Rela12 tions Authorization Act, Fiscal Years 1990 and 1991 (5 

13 U.S.C. 5928 note)’’ after ‘‘year’’.

14 SEC. 304. USE OF FEDERAL TRAINING FACILITIES. 

15 (a) FEDERAL TRAINING FACILITIES.—Unless specifi16 cally authorized in writing by the Attorney General, the 

17 Department of Justice (and each entity within it) shall 

18 use for any predominately internal training or conference 

19 meeting only a facility that does not require a payment 

20 to a private entity for use of the facility. 

21 (b) ANNUAL REPORT.—The Attorney General shall 

22 prepare an annual report to the Chairmen and ranking 

23 minority members of the Committees on the Judiciary of 

24 the Senate and of the House of Representatives that de25 tails each training and conference meeting that requires 
101

•HR 3402 IH 

1 specific authorization under subsection (a). The report 

2 shall include an explanation of why the facility was chosen, 

3 and a breakdown of any expenditures incurred in excess 

4 of the cost of conducting the training or meeting at a facil5 ity that did not require such authorization.

6 SEC. 305. PRIVACY OFFICER. 

7 (a) IN GENERAL.—The Attorney General shall des8 ignate a senior official in the Department of Justice to 

9 assume primary responsibility for privacy policy. 

10 (b) RESPONSIBILITIES.—The responsibilities of such 

11 official shall include—

12 (1) assuring that the use of technologies sus13 tain, and do not erode, privacy protections relating 

14 to the use, collection, and disclosure of personally 

15 identifiable information; 

16 (2) assuring that personally identifiable infor17 mation contained in systems of records is handled in 

18 full compliance with fair information practices as set 

19 out in section 552a of title 5, United States Code; 

20 (3) evaluating legislative and regulatory pro21 posals involving collection, use, and disclosure of 

22 personally identifiable information by the Federal 

23 Government; 

24 (4) conducting a privacy impact assessment of 

25 proposed rules of the Department on the privacy of 
102

•HR 3402 IH 

1 personally identifiable information, including the 

2 type of personally identifiable information collected 

3 and the number of people affected; 

4 (5) preparing a report to Congress on an an5 nual basis on activities of the Department that af6 fect privacy, including complaints of privacy viola7 tions, implementation of section 552a of title 5, 

8 United States Code, internal controls, and other rel9 evant matters; 

10 (6) ensuring that the Department protects per11 sonally identifiable information and information sys12 tems from unauthorized access, use, disclosure, dis13 ruption, modification, or destruction in order to pro14 vide—

15 (A) integrity, which means guarding 

16 against improper information modification or 

17 destruction, and includes ensuring information 

18 nonrepudiation and authenticity; 

19 (B) confidentially, which means preserving 

20 authorized restrictions on access and disclosure, 

21 including means for protecting personal privacy 

22 and proprietary information; 

23 (C) availability, which means ensuring 

24 timely and reliable access to and use of that in25 formation; and 
103

•HR 3402 IH 

1 (D) authentication, which means utilizing 

2 digital credentials to assure the identity of 

3 users and validate their access; and 

4 (7) advising the Attorney General and the Di5 rector of the Office of Management and Budget on 

6 information security and privacy issues pertaining to 

7 Federal Government information systems. 

8 (c) REVIEW.—The Department of Justice shall re9 view its policies to assure that the Department treats per10 sonally identifiable information in its databases in a man11 ner that complies with applicable Federal law on privacy.

12 SEC. 306. BANKRUPTCY CRIMES. 

13 The Director of the Executive Office for United 

14 States Trustees shall prepare an annual report to the Con15 gress detailing—

16 (1) the number and types of criminal referrals 

17 made by the United States Trustee Program; 

18 (2) the outcomes of each criminal referral; 

19 (3) for any year in which the number of crimi20 nal referrals is less than for the prior year, an expla21 nation of the decrease; and 

22 (4) the United States Trustee Program’s efforts 

23 to prevent bankruptcy fraud and abuse, particularly 

24 with respect to the establishment of uniform internal 
104

•HR 3402 IH 

1 controls to detect common, higher risk frauds, such 

2 as a debtor’s failure to disclose all assets.

3 SEC. 307. REPORT TO CONGRESS ON STATUS OF UNITED 

4 STATES PERSONS OR RESIDENTS DETAINED 

5 ON SUSPICION OF TERRORISM. 

6 Not less often than once every 12 months, the Attor7 ney General shall submit to Congress a report on the sta8 tus of United States persons or residents detained, as of 

9 the date of the report, on suspicion of terrorism. The re10 port shall—

11 (1) specify the number of persons or residents 

12 so detained; and 

13 (2) specify the standards developed by the De14 partment of Justice for recommending or deter15 mining that a person should be tried as a criminal 

16 defendant or should be designated as an enemy com17 batant. 

18 SEC. 308. TECHNICAL CORRECTION RELATING TO DEFINI19 TION USED IN ‘‘TERRORISM TRANSCENDING 

20 NATIONAL BOUNDARIES’’ STATUTE. 

21 Section 1958 of title 18, United States Code, is 

22 amended—

23 (1) in subsection (a), by striking ‘‘facility in’’ 

24 and inserting ‘‘facility of’’; and 
105

•HR 3402 IH 

1 (2) in subsection (b)(2), by inserting ‘‘or for2 eign’’ after ‘‘interstate’’. 

3 SEC. 309. INCREASED PENALTIES AND EXPANDED JURIS4 DICTION FOR SEXUAL ABUSE OFFENSES IN 

5 CORRECTIONAL FACILITIES. 

6 (a) EXPANDED JURISDICTION.—The following provi7 sions of title 18, United States Code, are each amended 

8 by inserting ‘‘or in the custody of the Attorney General 

9 or the Bureau of Prisons or any institution or facility in 

10 which the person is confined by direction of the Attorney 

11 General,’’ after ‘‘in a Federal prison,’’: 

12 (1) Subsections (a) and (b) of section 2241. 

13 (2) The first sentence of subsection (c) of sec14 tion 2241. 

15 (3) Section 2242. 

16 (4) Subsections (a) and (b) of section 2243. 

17 (5) Subsections (a) and (b) of section 2244. 

18 (b) INCREASED PENALTIES.—

19 (1) SEXUAL ABUSE OF A WARD.—Section 

20 2243(b) of such title is amended by striking ‘‘one 

21 year’’ and inserting ‘‘five years’’. 

22 (2) ABUSIVE SEXUAL CONTACT.—Section 2244 

23 of such title is amended by striking ‘‘six months’’ 

24 and inserting ‘‘two years’’ in each of subsections 

25 (a)(4) and (b). 
106

•HR 3402 IH 

1 SEC. 310. 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. 311. 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 

13 the absence of such consent of the accused, the judge or 

14 magistrate judge may extend the time limits only on a 

15 showing that extraordinary circumstances exist and justice 

16 requires the delay.’’. 

17 SEC. 312. 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 
107

•HR 3402 IH 

1 (2) striking clause (xliv) and inserting the fol2 lowing: 

3 ‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy4 [5α]-androst-2-eno[3,2-c]-pyrazole);’’. 

5 SEC. 313. 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. 314. 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 fol13 lowing new section:

14 ‘‘§ 3298. Trafficking-related offenses 

15 ‘‘No person shall be prosecuted, tried, or punished 

16 for any non-capital offense or conspiracy to commit a non17 capital offense under section 1581 (Peonage; Obstructing 

18 Enforcement), 1583 (Enticement into Slavery), 1584 

19 (Sale into Involuntary Servitude), 1589 (Forced Labor), 

20 1590 (Trafficking with Respect to Peonage, Slavery, In21 voluntary Servitude, or Forced Labor), 1591 (Sex Traf22 ficking of Children or by Force, Fraud), or 1592 (Unlaw23 ful Conduct with Respect to Documents in furtherance of 

24 Trafficking, Peonage, Slavery, Involuntary Servitude, or 

25 Forced Labor) of this title or under section 274(a) of the 
108

•HR 3402 IH 

1 Immigration and Nationality Act unless the indictment is 

2 found or the information is instituted not later than 10 

3 years after the commission of the offense.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections at 

5 the beginning of such chapter is amended by adding at 

6 the end the following new item:

‘‘3298. Trafficking-related offenses.’’.

7 SEC. 315. USE OF CENTER FOR CRIMINAL JUSTICE TECH8 NOLOGY. 

9 (a) IN GENERAL.—The Attorney General may use 

10 the services of the Center for Criminal Justice Technology, 

11 a nonprofit ‘‘center of excellence’’ that provides technology 

12 assistance and expertise to the criminal justice commu13 nity. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Attorney General 

16 to carr out this section the following amounts, to remai 

17 available until expended: 

18 (1) $7,500,000 for fiscal year 2006; 

19 (2) $7,500,000 for fiscal year 2007; and 

20 (3) $10,000,000 for fiscal year 2008. 

21 SEC. 316. SEARCH GRANTS. 

22 (a) IN GENERAL.—Pursuant to subpart 1 of part E 

23 of title I of the Omnibus Crime Control and Safe Streets 

24 Act of 1968, the Attorney General may make grants to 

25 SEARCH, the National Consortium for Justice Informa-
109

•HR 3402 IH 

1 tion and Statistics, to carry out the operations of the Na2 tional Technical Assistance and Training Program. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Attorney General 

5 to carry out this section $2,000,000 for each of fiscal 

6 years 2006 through 2009. 

7 TITLE IV—VIOLENCE AGAINST 

8 WOMEN REAUTHORIZATION 

9 ACT OF 2005

10 SEC. 401. SHORT TITLE. 

11 Titles IV through X of this Act may be cited as the 

12 ‘‘Violence Against Women Reauthorization Act of 2005’’. 

13 SEC. 402. DEFINITIONS AND REQUIREMENTS FOR PRO14 GRAMS RELATING TO VIOLENCE AGAINST 

15 WOMEN. 

16 Part T of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 is amended by inserting before section 

18 2001 (42 U.S.C. 3796gg) the following new sections: 

19 ‘‘SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING 

20 TO VIOLENCE AGAINST WOMEN ARE GENDER21 NEUTRAL. 

22 ‘‘In this part, and in any other Act of Congress, un23 less the context unequivocally requires otherwise, a provi24 sion authorizing or requiring the Department of Justice 

25 to make grants, or to carry out other activities, for assist-
110

•HR 3402 IH 

1 ance to victims of domestic violence, dating violence, stalk2 ing, sexual assault, or trafficking in persons, shall be con3 strued to cover grants that provide assistance to female 

4 victims, male victims, or both. 

5 ‘‘SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION 

6 CARRIED OUT BY VIOLENCE AGAINST 

7 WOMEN OFFICE. 

8 ‘‘(a) IN GENERAL.—In this part, and in any violence 

9 against women provision, unless the context unequivocally 

10 requires otherwise, the following definitions apply: 

11 ‘‘(1) COURTS.—The term ‘courts’ means any 

12 civil or criminal, tribal, and Alaskan Village, Fed13 eral, State, local or territorial court having jurisdic14 tion to address domestic violence, dating violence, 

15 sexual assault or stalking, including immigration, 

16 family, juvenile, and dependency courts, and the ju17 dicial officers serving in those courts, including 

18 judges, magistrate judges, commissioners, justices of 

19 the peace, or any other person with decisionmaking 

20 authority. 

21 ‘‘(2) CHILD MALTREATMENT.—The term ‘child 

22 maltreatment’ means the physical or psychological 

23 abuse or neglect of a child or youth, including sexual 

24 assault and abuse. 
111

•HR 3402 IH 

1 ‘‘(3) COMMUNITY-BASED ORGANIZATION.—The 

2 term ‘community-based organization’ means an or3 ganization that—

4 ‘‘(A) focuses primarily on domestic vio5 lence, dating violence, sexual assault, or stalk6 ing; 

7 ‘‘(B) has established a specialized cul8 turally specific program that addresses domestic 

9 violence, dating violence, sexual assault, or 

10 stalking; 

11 ‘‘(C) has a primary focus on underserved 

12 populations (and includes representatives of 

13 these populations) and domestic violence, dating 

14 violence, sexual assault, or stalking; or 

15 ‘‘(D) obtains expertise, or shows dem16 onstrated capacity to work effectively, on do17 mestic violence, dating violence, sexual assault, 

18 and stalking through collaboration. 

19 ‘‘(4) COURT-BASED AND COURT-RELATED PER20 SONNEL.—The term ‘court-based’ and ‘court-related 

21 personnel’ mean persons working in the court, 

22 whether paid or volunteer, including—

23 ‘‘(A) clerks, special masters, domestic rela24 tions officers, administrators, mediators, cus25 tody evaluators, guardians ad litem, lawyers, 
112

•HR 3402 IH 

1 negotiators, probation, parole, interpreters, vic2 tim assistants, victim advocates, and judicial, 

3 administrative, or any other professionals or 

4 personnel similarly involved in the legal process; 

5 ‘‘(B) court security personnel; 

6 ‘‘(C) personnel working in related, supple7 mentary offices or programs (such as child sup8 port enforcement); and 

9 ‘‘(D) any other court-based or community10 based personnel having responsibilities or au11 thority to address domestic violence, dating vio12 lence, sexual assault, or stalking in the court 

13 system. 

14 ‘‘(5) DOMESTIC VIOLENCE.—The term ‘domes15 tic violence’ includes felony or misdemeanor crimes 

16 of violence committed by a current or former spouse 

17 of the victim, by a person with whom the victim 

18 shares a child in common, by a person who is co19 habitating with or has cohabitated with the victim as 

20 a spouse, by a person similarly situated to a spouse 

21 of the victim under the domestic or family violence 

22 laws of the jurisdiction receiving grant monies, or by 

23 any other person against an adult, youth, or minor 

24 victim who is protected from that person’s acts 
113

•HR 3402 IH 

1 under the domestic or family violence laws of the ju2 risdiction receiving grant monies. 

3 ‘‘(6) DATING PARTNER.—The term ‘dating 

4 partner’ refers to a person who is or has been in an 

5 ongoing social relationship of a romantic or intimate 

6 nature with the abuser, and existence of such a rela7 tionship based on a consideration of—

8 ‘‘(A) the length of the relationship; 

9 ‘‘(B) the type of relationship; and 

10 ‘‘(C) the frequency of interaction between 

11 the persons involved in the relationship. 

12 ‘‘(7) DATING VIOLENCE.—The term ‘dating vio13 lence’ means violence committed by a person—

14 ‘‘(A) who is or has been in an ongoing so15 cial relationship of a romantic or intimate na16 ture with the victim; and 

17 ‘‘(B) where the existence of such a rela18 tionship shall be determined based on a consid19 eration of the following factors: 

20 ‘‘(i) The length of the relationship. 

21 ‘‘(ii) The type of relationship. 

22 ‘‘(iii) The frequency of interaction be23 tween the persons involved in the relation24 ship. 
114

•HR 3402 IH 

1 ‘‘(8) ELDER ABUSE.—The term ‘elder abuse’ 

2 means any action against a person who is 60 years 

3 of age or older that constitutes the willful—

4 ‘‘(A) infliction of injury, unreasonable con5 finement, intimidation, or cruel punishment 

6 with resulting physical harm, pain, or mental 

7 anguish; or 

8 ‘‘(B) deprivation by a person, including a 

9 caregiver, of goods or services that are nec10 essary to avoid physical harm, mental anguish, 

11 or mental illness. 

12 ‘‘(9) INDIAN.—The term ‘Indian’ means a 

13 member of an Indian tribe. 

14 ‘‘(10) INDIAN HOUSING.—The term ‘Indian 

15 housing’ means housing assistance described in the 

16 Native American Assistance and Self-Determination 

17 Act of (25 U.S.C. 4101 et seq., as amended). 

18 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 

19 means a tribe, band, pueblo, nation, or other orga20 nized group or community of Indians, including any 

21 Alaska Native village or regional or village corpora22 tion (as defined in, or established pursuant to, the 

23 Alaska Native Claims Settlement Act (43 U.S.C. 

24 1601 et seq.)), that is recognized as eligible for the 

25 special programs and services provided by the 
115

•HR 3402 IH 

1 United States to Indians because of their status as 

2 Indians. 

3 ‘‘(12) INDIAN LAW ENFORCEMENT.—The term 

4 ‘Indian law enforcement’ means the departments or 

5 individuals under the direction of the Indian tribe 

6 that maintain public order. 

7 ‘‘(13) LAW ENFORCEMENT.—The term ‘law en8 forcement’ means a public agency charged with po9 licing functions, including any of its component bu10 reaus (such as governmental victim services pro11 grams), including those referred to in section 3 of 

12 the Indian Enforcement Reform Act (25 U.S.C. 

13 2802). 

14 ‘‘(14) LEGAL ASSISTANCE.—The term ‘legal as15 sistance’— 

16 ‘‘(A) includes assistance to adult, youth, 

17 and minor victims of domestic violence, dating 

18 violence, sexual assault, and stalking in—

19 ‘‘(i) family, tribal, territorial, immi20 gration, employment, administrative agen21 cy, housing matters, campus administrative 

22 or protection or stay away order pro23 ceedings, and other similar matters; and 

24 ‘‘(ii) criminal justice investigations, 

25 prosecutions and post-trial matters (includ-
116

•HR 3402 IH 

1 ing sentencing, parole, and probation) that 

2 impact the victim’s safety and privacy, 

3 subject to subparagraph (B); and 

4 ‘‘(B) does not include representation of a 

5 defendant in a criminal or juvenile proceeding. 

6 ‘‘(15) LINGUISTICALLY AND CULTURALLY SPE7 CIFIC SERVICES.—The term ‘linguistically and cul8 turally specific services’ means community-based 

9 services that offer full linguistic access and cul10 turally specific services and resources, including out11 reach, collaboration, and support mechanisms pri12 marily directed toward racial and ethnic populations 

13 and other underserved communities. 

14 ‘‘(16) PERSONALLY IDENTIFYING INFORMATION

15 OR PERSONAL INFORMATION.—The term ‘personally 

16 identifying information’ or ‘personal information’ 

17 means individually identifying information for or 

18 about an individual including information likely to 

19 disclose the location of a victim of domestic violence, 

20 dating violence, sexual assault, or stalking, includ21 ing—

22 ‘‘(A) a first and last name; 

23 ‘‘(B) a home or other physical address; 
117

•HR 3402 IH 

1 ‘‘(C) contact information (including a post2 al, e-mail or Internet protocol address, or tele3 phone or facsimile number); 

4 ‘‘(D) a social security number; and 

5 ‘‘(E) any other information, including date 

6 of birth, racial or ethnic background, or reli7 gious affiliation, that, in combination with any 

8 of subparagraphs (A) through (D), would serve 

9 to identify any individual. 

10 ‘‘(17) PROSECUTION.—The term ‘prosecution’ 

11 means any public agency charged with direct respon12 sibility for prosecuting criminal offenders, including 

13 such agency’s component bureaus (such as govern14 mental victim services programs). 

15 ‘‘(18) PROTECTION ORDER OR RESTRAINING

16 ORDER.—The term ‘protection order’ or ‘restraining 

17 order’ includes—

18 ‘‘(A) any injunction, restraining order, or 

19 any other order issued by a civil or criminal 

20 court for the purpose of preventing violent or 

21 threatening acts or harassment against, sexual 

22 violence or contact or communication with or 

23 physical proximity to, another person, including 

24 any temporary or final orders issued by civil or 

25 criminal courts whether obtained by filing an 
118

•HR 3402 IH 

1 independent action or as a pendente lite order 

2 in another proceeding so long as any civil order 

3 was issued in response to a complaint, petition, 

4 or motion filed by or on behalf of a person seek5 ing protection; and 

6 ‘‘(B) any support, child custody or visita7 tion provisions, orders, remedies, or relief 

8 issued as part of a protection order, restraining 

9 order, or stay away injunction pursuant to 

10 State, tribal, territorial, or local law authorizing 

11 the issuance of protection orders, restraining 

12 orders, or injunctions for the protection of vic13 tims of domestic violence, dating violence, sex14 ual assault, or stalking. 

15 ‘‘(19) RURAL AREA AND RURAL COMMUNITY.—

16 The terms ‘rural area’ and ‘rural community’ 

17 mean—

18 ‘‘(A) any area or community, respectively, 

19 no part of which is within an area designated 

20 as a standard metropolitan statistical area by 

21 the Office of Management and Budget; or 

22 ‘‘(B) any area or community, respectively, 

23 that is—

24 ‘‘(i) within an area designated as a 

25 metropolitan statistical area or considered 
119

•HR 3402 IH 

1 as part of a metropolitan statistical area; 

2 and 

3 ‘‘(ii) located in a rural census tract. 

4 ‘‘(20) RURAL STATE.—The term ‘rural State’ 

5 means a State that has a population density of 52 

6 or fewer persons per square mile or a State in which 

7 the largest county has fewer than 150,000 people, 

8 based on the most recent decennial census. 

9 ‘‘(21) SEXUAL ASSAULT.—The term ‘sexual as10 sault’ means any conduct prescribed by chapter 

11 109A of title 18, United States Code, whether or not 

12 the conduct occurs in the special maritime and terri13 torial jurisdiction of the United States or in a Fed14 eral prison and includes both assaults committed by 

15 offenders who are strangers to the victim and as16 saults committed by offenders who are known or re17 lated by blood or marriage to the victim. 

18 ‘‘(22) STALKING.—The term ‘stalking’ means 

19 engaging in a course of conduct directed at a spe20 cific person that would cause a reasonable person 

21 to—

22 ‘‘(A) fear for his or her safety or the safety 

23 of others; or 

24 ‘‘(B) suffer substantial emotional distress. 
120

•HR 3402 IH 

1 ‘‘(23) STATE.—The term ‘State’ means each of 

2 the several States, the District of Columbia, the 

3 Commonwealth of Puerto Rico, and except as other4 wise provided, Guam, American Samoa, the Virgin 

5 Islands, and the Northern Mariana Islands. 

6 ‘‘(24) STATE DOMESTIC VIOLENCE COALI7 TION.—The term ‘State domestic violence coalition’ 

8 means a program determined by the Administration 

9 for Children and Families under the Family Violence 

10 Prevention and Services Act (42 U.S.C. 10410(b)). 

11 ‘‘(25) STATE SEXUAL ASSAULT COALITION.—

12 The term ‘State sexual assault coalition’ means a 

13 program determined by the Center for Injury Pre14 vention and Control of the Centers for Disease Con15 trol and Prevention under the Public Health Service 

16 Act (42 U.S.C. 280b et seq.). 

17 ‘‘(26) TERRITORIAL DOMESTIC VIOLENCE OR

18 SEXUAL ASSAULT COALITION.—The term ‘territorial 

19 domestic violence or sexual assault coalition’ means 

20 a program addressing domestic violence that is—

21 ‘‘(A) an established nonprofit, nongovern22 mental territorial coalition addressing domestic 

23 violence or sexual assault within the territory; 

24 or 
121

•HR 3402 IH 

1 ‘‘(B) a nongovernmental organization with 

2 a demonstrated history of addressing domestic 

3 violence or sexual assault within the territory 

4 that proposes to incorporate as a nonprofit, 

5 nongovernmental territorial coalition. 

6 ‘‘(27) TRIBAL COALITION.—The term ‘tribal co7 alition’ means—

8 ‘‘(A) an established nonprofit, nongovern9 mental tribal coalition addressing domestic vio10 lence and sexual assault against American In11 dian and Alaskan Native women; or 

12 ‘‘(B) individuals or organizations that pro13 pose to incorporate as nonprofit, nongovern14 mental tribal coalitions to address domestic vio15 lence and sexual assault against American In16 dian and Alaskan Native women. 

17 ‘‘(28) TRIBAL GOVERNMENT.—The term ‘tribal 

18 government’ means—

19 ‘‘(A) the governing body of an Indian 

20 tribe; or 

21 ‘‘(B) a tribe, band, pueblo, nation, or other 

22 organized group or community of Indians, in23 cluding any Alaska Native village or regional or 

24 village corporation (as defined in, or established 

25 pursuant to, the Alaska Native Claims Settle-
122

•HR 3402 IH 

1 ment Act (43 U.S.C. 1601 et seq.)), that is rec2 ognized as eligible for the special programs and 

3 services provided by the United States to Indi4 ans because of their status as Indians. 

5 ‘‘(29) TRIBAL ORGANIZATION.—The term ‘trib6 al organization’ means—

7 ‘‘(A) the governing body of any Indian 

8 tribe; 

9 ‘‘(B) any legally established organization 

10 of Indians which is controlled, sanctioned, or 

11 chartered by such governing body of a tribe or 

12 tribes to be served, or which is democratically 

13 elected by the adult members of the Indian 

14 community to be served by such organization 

15 and which includes the maximum participation 

16 of Indians in all phases of its activities; or 

17 ‘‘(C) any tribal nonprofit organization. 

18 ‘‘(30) UNDERSERVED POPULATIONS.—The 

19 term ‘underserved populations’ includes populations 

20 underserved because of geographic location, under21 served racial and ethnic populations, populations un22 derserved because of special needs (such as language 

23 barriers, disabilities, alienage status, or age), and 

24 any other population determined to be underserved 

25 by the Attorney General. 
123

•HR 3402 IH 

1 ‘‘(31) VICTIM ADVOCATE.—The term ‘victim 

2 advocate’ means a person, whether paid or serving 

3 as a volunteer, who provides services to victims of 

4 domestic violence, sexual assault, stalking, or dating 

5 violence under the auspices or supervision of a vic6 tim services program. 

7 ‘‘(32) VICTIM ASSISTANT.—The term ‘victim 

8 assistant’ means a person, whether paid or serving 

9 as a volunteer, who provides services to victims of 

10 domestic violence, sexual assault, stalking, or dating 

11 violence under the auspices or supervision of a court 

12 or a law enforcement or prosecution agency. 

13 ‘‘(33) VICTIM SERVICES OR VICTIM SERVICE

14 PROVIDER.—The term ‘victim services’ or ‘victim 

15 service provider’ means a nonprofit, nongovern16 mental organization that assists domestic violence, 

17 dating violence, sexual assault, or stalking victims, 

18 including rape crisis centers, domestic violence shel19 ters, faith-based organizations, and other organiza20 tions, with a documented history of effective work, 

21 or a demonstrated capacity to work effectively, con22 cerning domestic violence, dating violence, sexual as23 sault, or stalking. 
124

•HR 3402 IH 

1 ‘‘(34) YOUTH.—The term ‘youth’ means teen 

2 and young adult victims of domestic violence, dating 

3 violence, sexual assault, or stalking. 

4 ‘‘(b) VIOLENCE AGAINST WOMEN PROVISION.—In 

5 this section, the term ‘violence against women provision’ 

6 means any provision required by law to be carried out by 

7 or through the Violence Against Women Office. 

8 ‘‘SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT 

9 PROGRAM CARRIED OUT BY VIOLENCE 

10 AGAINST WOMEN OFFICE. 

11 ‘‘(a) IN GENERAL.—In carrying out grants under 

12 this part, and in carrying out grants under any other vio13 lence against women grant program, the Director of the 

14 Violence Against Women Office shall ensure each of the 

15 following: 

16 ‘‘(1) NONDISCLOSURE OF CONFIDENTIAL OR

17 PRIVATE INFORMATION.—

18 ‘‘(A) IN GENERAL.—In order to ensure the 

19 safety of adult, youth, and minor victims of do20 mestic violence, dating violence, sexual assault, 

21 or stalking, and their families, each grantee and 

22 subgrantee shall reasonably protect the con23 fidentiality and privacy of persons receiving 

24 services. 
125

•HR 3402 IH 

1 ‘‘(B) NONDISCLOSURE.—Subject to sub2 paragraph (C), grantees and subgrantees shall 

3 not—

4 ‘‘(i) disclose any personally identifying 

5 information or individual information col6 lected in connection with services re7 quested, utilized, or denied through grant8 ees’ and subgrantees’ programs; or 

9 ‘‘(ii) reveal individual client informa10 tion without the informed, written, reason11 ably time-limited consent of the person (or 

12 in the case of an unemancipated minor, the 

13 minor and the parent or guardian or in the 

14 case of persons with disabilities, the guard15 ian) about whom information is sought, 

16 whether for this program or any other 

17 Federal, State, tribal, or territorial grant 

18 program. 

19 ‘‘(C) RELEASE.—If release of information 

20 described in subparagraph (B) is compelled by 

21 statutory or court mandate or is requested by 

22 a Member of Congress—

23 ‘‘(i) grantees and subgrantees shall 

24 make reasonable attempts to provide notice 
126

•HR 3402 IH 

1 to victims affected by the disclosure of in2 formation; and 

3 ‘‘(ii) grantees and subgrantees shall 

4 take steps necessary to protect the privacy 

5 and safety of the persons affected by the 

6 release 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 

11 clients and nonpersonally identifying demo12 graphic information in order to comply 

13 with Federal, State, tribal, or territorial 

14 reporting, evaluation, or data collection re15 quirements; and 

16 ‘‘(ii) court-generated information and 

17 law-enforcement generated information 

18 contained in secure, governmental reg19 istries for investigation, prosecution, and 

20 enforcement purposes. 

21 ‘‘(2) APPROVED ACTIVITIES.—In carrying out 

22 activities under the grant program, grantees and 

23 subgrantees may collaborate with and provide infor24 mation to Federal, State, local, tribal, and territorial 

25 public officials and agencies to develop and imple-
127

•HR 3402 IH 

1 ment policies to reduce or eliminate domestic vio2 lence, dating violence, sexual assault, and stalking. 

3 ‘‘(3) NON-SUPPLANTATION.—Any Federal 

4 funds received under the grant program shall be 

5 used to supplement, not supplant, non-Federal funds 

6 that would otherwise be available for the activities 

7 carried out under the grant. 

8 ‘‘(4) USE OF FUNDS.—Funds authorized and 

9 appropriated 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 

14 (or for use to carry out related research), pursuant 

15 to the requirements described in paragraph (1)(D). 

16 ‘‘(6) PROHIBITION ON LOBBYING.—Any funds 

17 appropriated for the grant program shall be subject 

18 to 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.—

22 Funds appropriated for the grant program may not 

23 be used to fund civil representation in a lawsuit 

24 based on a tort claim. This paragraph shall not be 

25 construed as a prohibition on providing assistance to 
128

•HR 3402 IH 

1 obtain restitution in a protection order or criminal 

2 case. 

3 ‘‘(b) VIOLENCE AGAINST WOMEN GRANT PRO4 GRAM.—In this section, the term ‘violence against women 

5 grant program’ means any grant program required by law 

6 to be carried out by or through the Violence Against 

7 Women Office.’’. 

8 TITLE V—ENHANCING JUDICIAL 

9 AND LAW ENFORCEMENT 

10 TOOLS TO COMBAT VIOLENCE 

11 SEC. 501. STOP GRANTS IMPROVEMENTS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 1001(a)(18) of the Omnibus Crime Control and Safe 

14 Streets Act of 1968 (42 U.S.C. 3793(a)(8)) is amended 

15 by striking ‘‘$185,000,000 for each of fiscal years 2001 

16 through 2005’’ and inserting ‘‘$215,000,000 for each of 

17 fiscal years 2006 through 2010’’. 

18 (b) PURPOSE AREA ENHANCEMENTS.—Section 

19 2001(b) of title I of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended—

21 (1) by striking ‘‘, and specifically, for the pur22 poses of—’’ and inserting ‘‘, including collaborating 

23 with and informing public officials and agencies in 

24 order to develop and implement policies to reduce or 

25 eliminate domestic violence, dating violence, sexual 
129

•HR 3402 IH 

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, 

10 and stalking,’’; 

11 (3) in paragraph (10), by striking ‘‘and’’ after 

12 the semicolon; 

13 (4) in paragraph (11), by striking the period 

14 and inserting ‘‘; and’’; and 

15 (5) by adding at the end the following: 

16 ‘‘(12) maintaining core victim services and 

17 criminal justice initiatives, while supporting com18 plementary new initiatives and emergency services 

19 for victims and their families.’’. 

20 (c) CLARIFICATION OF ACTIVITIES REGARDING UN21 DERSERVED POPULATIONS.—Section 2007 of the Omni22 bus Crime Control and Safe Streets Act of 1968 (42 

23 U.S.C. 3796gg–1) is amended—

24 (1) in subsection (c)(2), by inserting before the 

25 semicolon the following: ‘‘and describe how the State 
130

•HR 3402 IH 

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 

6 to the needs of racial and ethnic and other un7 derserved populations and ensure that monies 

8 set aside to fund services and activities for ra9 cial and ethnic and other underserved popu10 lations are distributed equitably among those 

11 populations.’’. 

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-
131

•HR 3402 IH 

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 pe8 riod 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 

14 10 percent shall be distributed to culturally specific 

15 community-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 pe20 riod 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, 

24 law enforcement, and court and victim service pro25 vider subgrantees have consulted with tribal, terri-
132

•HR 3402 IH 

1 torial, State, or local victim services programs dur2 ing the course of developing their grant applications 

3 in order to ensure that proposed services, activities 

4 and equipment acquisitions are designed to promote 

5 the safety, confidentiality, and economic independ6 ence of victims of domestic violence, sexual assault, 

7 stalking, and dating violence.’’. 

8 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

9 COLLECTION.—Section 2007 of the Omnibus Crime Con10 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

11 1), as amended by this section, is further amended by add12 ing at the end the following: 

13 ‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA

14 COLLECTION.—

15 ‘‘(1) IN GENERAL.—Of the total amounts ap16 propriated under this part, not less than 3 percent 

17 and up to 8 percent shall be available for providing 

18 training, technical assistance, and data collection re19 lating to the purpose areas of this part to improve 

20 the capacity of grantees, subgrantees, and other en21 tities to offer services and assistance to victims of 

22 domestic violence, sexual assault, stalking, and dat23 ing violence. 

24 ‘‘(2) INDIAN TRAINING.—The Director of the 

25 Violence Against Women Office shall ensure that 
133

•HR 3402 IH 

1 training, technical assistance, and data collection re2 garding violence against Indian women will be devel3 oped and provided by entities having expertise in 

4 tribal law and culture. 

5 ‘‘(j) LIMITS ON INTERNET PUBLICATION OF

6 REGISTRATION INFORMATION.—As a condition of 

7 receiving grant amounts under this part, the recipi8 ent shall not make available publicly on the Internet 

9 any information regarding the registration or filing 

10 of a protection order, restraining order, or injunction 

11 in either the issuing or enforcing State, tribal, or 

12 territorial jurisdiction, if such publication would be 

13 likely to publicly reveal the identity or location of the 

14 party protected under such order. A State, Indian 

15 tribe, or territory may share court-generated law en16 forcement generated information contained in se17 cure, governmental registries for protection order en18 forcement purposes.’’. 

19 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

20 Section 2010 of the Omnibus Crime Control and Safe 

21 Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by 

22 adding at the end the following: 

23 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov24 ernment may use Federal grant funds under this part to 

25 pay for forensic medical exams performed by trained ex-
134

•HR 3402 IH 

1 aminers for victims of sexual assault, except that such 

2 funds may not be used to pay for forensic medical exams 

3 by any State or Indian tribal government that requires 

4 victims of sexual assault to seek reimbursement for such 

5 exams from their insurance carriers. 

6 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to permit a State to require a vic8 tim of sexual assault to participate in the criminal justice 

9 system or cooperate with law enforcement in order to be 

10 provided with a forensic medical exam, reimbursement for 

11 charges incurred on account of such an exam, or both.’’. 

12 (g) POLYGRAPH TESTING PROHIBITION.—Part T of 

13 the Omnibus Crime Control and Safe Streets Act of 1968 

14 (42 U.S.C. 3796gg et seq.) is amended by adding at the 

15 end the following new section: 

16 ‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

17 ‘‘In order to be eligible for grants under this part, 

18 a State, Indian tribal government, or unit of local govern19 ment must certify within three years of enactment of the 

20 Violence Against Women Reauthorization Act of 2005 

21 that their laws, policies, or practices ensure that no law 

22 enforcement officer, prosecuting officer, or other govern23 ment official shall ask or require an adult, youth, or minor 

24 victim of a sex offense as defined under Federal, tribal, 

25 State, territorial or local law to submit to a polygraph ex-
135

•HR 3402 IH 

1 amination or similar truth-telling device or method as a 

2 condition for proceeding with the investigation, charging 

3 or prosecution of such an offense. A victim’s refusal to 

4 submit to the aforementioned shall not prevent the inves5 tigation, charging or prosecution of the pending case.’’. 

6 (h) NO MATCHING REQUIREMENT.—Part T of the 

7 Omnibus Crime Control and Safe Streets Act of 1968 (42 

8 U.S.C. 3796gg et seq.) is further amended by adding at 

9 the end the following new section: 

10 ‘‘SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN 

11 GRANTEES. 

12 ‘‘No matching funds shall be required for a grant or 

13 subgrant made under this part, if made—

14 ‘‘(1) to a law enforcement agency having fewer 

15 than 20 officers; 

16 ‘‘(2) to a victim service provider having an an17 nual operating budget of less than $5,000,000; or 

18 ‘‘(3) to any entity that the Attorney General de19 termines has adequately demonstrated financial 

20 need.’’. 

21 SEC. 502. GRANTS TO ENCOURAGE ARREST AND ENFORCE 

22 PROTECTION ORDERS IMPROVEMENTS. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 1001(a)(19) of the Omnibus Crime Control and Safe 

25 Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended 
136

•HR 3402 IH 

1 by striking ‘‘$65,000,000 for each of fiscal years 2001 

2 through 2005.’’ and inserting ‘‘$75,000,000 for each of 

3 fiscal years 2006 through 2010. Funds appropriated 

4 under this paragraph shall remain available until ex5 pended.’’. 

6 (b) GRANTEE REQUIREMENTS.—Section 2101 of the 

7 Omnibus Crime Control and Safe Streets Act of 1968 (42 

8 U.S.C. 3796hh) is amended—

9 (1) in subsection (a), by striking ‘‘to treat do10 mestic violence as a serious violation’’ and inserting 

11 ‘‘to treat domestic violence, dating violence, sexual 

12 assault, and stalking as serious violations’’; 

13 (2) in subsection (b)—

14 (A) in the matter before paragraph (1), by 

15 inserting after ‘‘State’’ the following: ‘‘, tribal, 

16 territorial,’’; 

17 (B) in paragraph (1), by striking ‘‘manda18 tory arrest or’’; 

19 (C) in paragraph (2), by—

20 (i) inserting after ‘‘educational pro21 grams,’’ the following: ‘‘protection order 

22 registries,’’; 

23 (ii) striking ‘‘domestic violence and 

24 dating violence.’’ and inserting ‘‘domestic 

25 violence, dating violence, sexual assault, 
137

•HR 3402 IH 

1 and stalking. Such policies, educational 

2 programs, registries, and training shall in3 corporate confidentiality and privacy pro4 tections for victims of domestic violence, 

5 dating violence, sexual assault, and stalk6 ing.’’; 

7 (D) in paragraph (3), by—

8 (i) striking ‘‘domestic violence cases’’ 

9 and inserting ‘‘domestic violence, dating vi10 olence, sexual assault, and stalking cases’’; 

11 and 

12 (ii) striking ‘‘groups’’ and inserting 

13 ‘‘teams’’; 

14 (E) in paragraph (5), by striking ‘‘domes15 tic violence and dating violence’’ and inserting 

16 ‘‘domestic violence, dating violence, sexual as17 sault, and stalking’’; 

18 (F) in paragraph (6), by—

19 (i) striking ‘‘other’’ and inserting 

20 ‘‘civil’’; and 

21 (ii) inserting after ‘‘domestic violence’’ 

22 the following: ‘‘, dating violence, sexual as23 sault, and stalking’’; and 

24 (G) by adding at the end the following: 
138

•HR 3402 IH 

1 ‘‘(9) To enhance and support the capacity of 

2 victims services programs to collaborate with and in3 form efforts by State and local jurisdictions and 

4 public officials and agencies to develop best practices 

5 and policies regarding arrest of domestic violence, 

6 dating violence, sexual assault, and stalking offend7 ers and to strengthen protection order enforcement 

8 and to reduce or eliminate domestic violence, dating 

9 violence, sexual assault, and stalking. 

10 ‘‘(10) To develop State, tribal, territorial, or 

11 local policies, procedures, and protocols for pre12 venting dual arrests and prosecutions in cases of do13 mestic violence, dating violence, sexual assault, and 

14 stalking and to develop effective methods for identi15 fying the pattern and history of abuse that indicates 

16 which party is the actual perpetrator of abuse. 

17 ‘‘(11) To plan, develop and establish com18 prehensive victim service and support centers, such 

19 as family justice centers, designed to bring together 

20 victim advocates from non-profit, non-governmental 

21 victim services organizations, law enforcement offi22 cers, prosecutors, probation officers, governmental 

23 victim assistants, forensic medical professionals, civil 

24 legal attorneys, chaplains, legal advocates, represent25 atives from community-based organizations and 
139

•HR 3402 IH 

1 other relevant public or private agencies or organiza2 tions into one centralized location, in order to im3 prove safety, access to services, and confidentiality 

4 for victims and families. 

5 ‘‘(12) To develop and implement policies and 

6 training for police, prosecutors, and the judiciary in 

7 recognizing, investigating, and prosecuting instances 

8 of sexual assault, with an emphasis on recognizing 

9 the threat to the community for repeat crime per10 petration by such individuals.’’; 

11 (3) in subsection (c)—

12 (A) in paragraph (3), by striking ‘‘and’’ 

13 after the semicolon; 

14 (B) in paragraph (4), by striking the pe15 riod and inserting ‘‘; and’’; and 

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

17 ‘‘(5) certify within three years of enactment of 

18 the Violence Against Women Reauthorization Act of 

19 2005 that their laws, policies, or practices ensure 

20 that—

21 ‘‘(A) no law enforcement officer, pros22 ecuting officer or other government official shall 

23 ask or require an adult, youth, or minor victim 

24 of a sex offense as defined under Federal, trib25 al, State, territorial, or local law to submit to 
140

•HR 3402 IH 

1 a polygraph examination or other truth telling 

2 device as a condition for proceeding with the in3 vestigation, charging or prosecution of such an 

4 offense; and 

5 ‘‘(B) the refusal of a victim to submit to 

6 an examination described in subparagraph (A) 

7 shall not prevent the investigation, charging or 

8 prosecution of the offense.’’; and 

9 (4) by striking subsections (d) and (e) and in10 serting the following: 

11 ‘‘(d) ALLOTMENT FOR INDIAN TRIBES.—Not less 

12 than 10 percent of the total amount made available for 

13 grants under this section for each fiscal year shall be avail14 able for grants to Indian tribe governments.’’. 

15 (c) APPLICATIONS.—Section 2102(b) of the Omnibus 

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

17 3796hh–1(b)) is amended in each of paragraphs (1) and 

18 (2) by inserting after ‘‘involving domestic violence’’ the fol19 lowing: ‘‘, dating violence, sexual assault, or stalking’’. 

20 (d) TRAINING, TECHNICAL ASSISTANCE, AND DATA

21 COLLECTION.—Part U of title I of the Omnibus Crime 

22 Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh 

23 et seq.) is amended by adding at the end the following: 
141

•HR 3402 IH 

1 ‘‘SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA 

2 COLLECTION. 

3 ‘‘Of the total amounts appropriated under this part, 

4 not less than 5 percent and up to 8 percent shall be avail5 able for providing training, technical assistance, and data 

6 collection relating to the purpose areas of this part to im7 prove the capacity of grantees, subgrantees, and other en8 tities to offer services and assistance to victims of domes9 tic violence and dating violence.’’. 

10 SEC. 503. LEGAL ASSISTANCE FOR VICTIMS IMPROVE11 MENTS. 

12 Section 1201 of the Violence Against Women Act of 

13 2000 (42 U.S.C. 3796gg–6) is amended—

14 (1) in subsection (a), by—

15 (A) inserting before ‘‘legal assistance’’ the 

16 following: ‘‘civil and criminal’’; 

17 (B) inserting after ‘‘effective aid to’’ the 

18 following: ‘‘adult, youth, and minor’’; and 

19 (C) striking ‘‘domestic violence, stalking, 

20 or sexual assault’’ and inserting ‘‘domestic vio21 lence, dating violence, sexual assault, or stalk22 ing’’; 

23 (2) in subsection (c), by striking ‘‘private non24 profit entities, Indian tribal governments,’’ and in25 serting ‘‘nonprofit, nongovernmental organizations, 
142

•HR 3402 IH 

1 Indian tribal governments and tribal organizations, 

2 territorial organizations,’’; 

3 (3) in each of paragraphs (1), (2), and (3) of 

4 subsection (c), by striking ‘‘victims of domestic vio5 lence, stalking, and sexual assault’’ and inserting 

6 ‘‘victims of domestic violence, dating violence, sexual 

7 assault, and stalking’’; 

8 (4) in subsection (d)—

9 (A) in paragraph (1), by striking ‘‘domes10 tic violence or sexual assault’’ and inserting 

11 ‘‘domestic violence, dating violence, sexual as12 sault, or stalking’’; 

13 (B) by striking paragraphs (2) and (3) and 

14 inserting the following: 

15 ‘‘(2) any training program conducted in satis16 faction of the requirement of paragraph (1) has been 

17 or will be developed with input from and in collabo18 ration with a tribal, State, territorial, or local do19 mestic violence, dating violence, sexual assault or 

20 stalking organization or coalition, as well as appro21 priate tribal, State, territorial, and local law enforce22 ment officials; 

23 ‘‘(3) any person or organization providing legal 

24 assistance through a program funded under sub25 section (c) has informed and will continue to inform 
143

•HR 3402 IH 

1 tribal, State, territorial, or local domestic violence, 

2 dating violence, sexual assault or stalking organiza3 tions and coalitions, as well as appropriate tribal, 

4 State, territorial, and local law enforcement officials 

5 of their work; and’’; and 

6 (C) in paragraph (4), by inserting ‘‘dating 

7 violence,’’ after ‘‘domestic violence,’’; 

8 (5) in subsection (e), by inserting ‘‘dating vio9 lence,’’ after ‘‘domestic violence,’’; and 

10 (6) in subsection (f)—

11 (A) by striking paragraph (1) and insert12 ing the following: 

13 ‘‘(1) IN GENERAL.—There is authorized to be 

14 appropriated to carry out this section $60,000,000 

15 for each of fiscal years 2006 through 2010. Funds 

16 appropriated under this section shall remain avail17 able until expended and may be used only for the 

18 specific programs and activities described in this sec19 tion. Funds appropriated under this section may not 

20 be used for advocacy.’’; and 

21 (B) in paragraph (2)—

22 (i) in subparagraph (A), by—

23 (I) striking ‘‘5 percent’’ and in24 serting ‘‘10 percent’’; 
144

•HR 3402 IH 

1 (II) striking ‘‘programs’’ and in2 serting ‘‘tribal governments or tribal 

3 organizations’’; 

4 (III) inserting ‘‘adult, youth, and 

5 minor’’ after ‘‘that assist’’; and 

6 (IV) striking ‘‘domestic violence, 

7 stalking, and sexual assault’’ and in8 serting ‘‘domestic violence, dating vio9 lence, sexual assault, and stalking’’; 

10 and 

11 (ii) in subparagraph (B), by striking 

12 ‘‘technical assistance to support projects 

13 focused solely or primarily on providing 

14 legal assistance to victims of sexual as15 sault’’ and inserting ‘‘technical assistance 

16 in civil and crime victim matters to adult, 

17 youth, and minor victims of sexual as18 sault’’. 

19 SEC. 504. COURT TRAINING AND IMPROVEMENTS. 

20 The Violence Against Women Act of 1994 is amended 

21 by adding after subtitle I (42 U.S.C. 14042) the following: 
145

•HR 3402 IH 

1 ‘‘Subtitle J—Violence Against 

2 Women Act Court Training and 

3 Improvements 

4 ‘‘SEC. 41001. SHORT TITLE. 

5 ‘‘This subtitle may be cited as the ‘Violence Against 

6 Women Act Court Training and Improvements Act of 

7 2005’. 

8 ‘‘SEC. 41002. GRANTS FOR COURT TRAINING AND IMPROVE9 MENTS. 

10 ‘‘(a) PURPOSE.—The purpose of this section is to en11 able the Attorney General, though the Director of the Of12 fice on Violence Against Women, to award grants to im13 prove court responses to adult, youth, and minor domestic 

14 violence, dating violence, sexual assault, and stalking to 

15 be used for the following purposes—

16 ‘‘(1) improved internal civil and criminal court 

17 functions, responses, practices, and procedures; 

18 ‘‘(2) education for court-based and court-related 

19 personnel on issues relating to victims’ needs, in20 cluding safety, security, privacy, confidentiality and 

21 economic independence, as well as information about 

22 perpetrator behavior and best practices for holding 

23 perpetrators accountable; 

24 ‘‘(3) collaboration and training with Federal, 

25 State, and local public agencies and officials and 
146

•HR 3402 IH 

1 nonprofit, non-governmental organizations to im2 prove implementation and enforcement of relevant 

3 Federal, State, tribal, territorial and local law; 

4 ‘‘(4) to enable courts or court-based or court-re5 lated programs to develop new or enhance current—

6 ‘‘(A) court infrastructure (such as special7 ized courts, dockets, intake centers, or inter8 preter services and linguistically and culturally 

9 specific services); 

10 ‘‘(B) community-based initiatives within 

11 the court system (such as court watch pro12 grams, victim advocates, or community-based 

13 supplementary services); 

14 ‘‘(C) offender management, monitoring, 

15 and accountability programs; 

16 ‘‘(D) safe and confidential information17 storage and -sharing databases within and be18 tween court systems; 

19 ‘‘(E) education and outreach programs 

20 (such as interpreters) to improve community 

21 access, including enhanced access for racial and 

22 ethnic communities and racial and ethnic and 

23 other underserved populations (as defined in 

24 section 2000B of the Omnibus Crime Control 

25 and Safe Streets Act of 1968); and 
147

•HR 3402 IH 

1 ‘‘(F) other projects likely to improve court 

2 responses to domestic violence, dating violence, 

3 sexual assault, and stalking; and 

4 ‘‘(5) to provide training, technical assistance, 

5 and data collection to tribal, Federal, State, terri6 torial or local courts wishing to improve their prac7 tices and procedures or to develop new programs. 

8 ‘‘(b) GRANT REQUIREMENTS.—Grants awarded 

9 under this section shall be subject to the following condi10 tions: 

11 ‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees 

12 may include—

13 ‘‘(A) tribal, Federal, State, territorial or 

14 local courts or court-based programs, provided 

15 that the court’s internal organizational policies, 

16 procedures, or rules do not require mediation or 

17 counseling between offenders and victims phys18 ically together in cases where domestic violence, 

19 dating violence, sexual assault, or stalking is an 

20 issue; and 

21 ‘‘(B) national, tribal, State, or local pri22 vate, nonprofit organizations with demonstrated 

23 expertise in developing and providing judicial 

24 education about domestic violence, dating vio25 lence, sexual assault, or stalking. 
148

•HR 3402 IH 

1 ‘‘(2) CONDITIONS OF ELIGIBILITY FOR CERTAIN

2 GRANTS.—

3 ‘‘(A) COURT PROGRAMS.—To be eligible 

4 for a grant under subsection (a)(4), applicants 

5 shall certify in writing that any courts or court6 based personnel working directly with or mak7 ing decisions about adult, youth, or minor par8 ties experiencing domestic violence, dating vio9 lence, sexual assault, and stalking have com10 pleted or will complete education about domes11 tic violence, dating violence, sexual assault, and 

12 stalking. 

13 ‘‘(B) EDUCATION PROGRAMS.—To be eligi14 ble for a grant under subsection (a)(2), appli15 cants shall certify in writing that any education 

16 program developed under subsection (a)(2) has 

17 been or will be developed with significant input 

18 from and in collaboration with a national, trib19 al, State, territorial, or local victim services pro20 vider or coalition. 

21 ‘‘(c) EVALUATION.—

22 ‘‘(1) IN GENERAL.—The Attorney General, 

23 through the Director of the Office on Violence 

24 Against Women, may evaluate the grants funded 

25 under this section. 
149

•HR 3402 IH 

1 ‘‘(2) TRIBAL GRANTEES.—Evaluation of tribal 

2 grantees under this section shall be conducted by en3 tities with expertise in Federal Indian law and tribal 

4 court practice. 

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

6 ‘‘(1) IN GENERAL.—There is authorized to be 

7 appropriated to carry out this section $4,000,000 for 

8 each of fiscal years 2006 to 2010. 

9 ‘‘(2) SET ASIDE.—Of the amounts made avail10 able under this section in each fiscal year, not less 

11 than 10 percent shall be used for grants to tribes. 

12 ‘‘SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CUR13 RICULA. 

14 ‘‘(a) NATIONAL CURRICULA.—

15 ‘‘(1) IN GENERAL.—The Attorney General, 

16 through the Director of the Office on Violence 

17 Against Women, shall fund efforts to develop a na18 tional education curriculum for use by State and na19 tional judicial educators to ensure that all courts 

20 and court personnel have access to information 

21 about relevant Federal, State, territorial, or local 

22 law, promising practices, procedures, and policies re23 garding court responses to adult, youth, and minor 

24 domestic violence, dating violence, sexual assault, 

25 and stalking. 
150

•HR 3402 IH 

1 ‘‘(2) ELIGIBLE ENTITIES.—Any curricula devel2 oped under this subsection—

3 ‘‘(A) shall be developed by an entity or en4 tities having demonstrated expertise in devel5 oping judicial education curricula on issues re6 lating to domestic violence, dating violence, sex7 ual assault, and stalking; or 

8 ‘‘(B) if the primary grantee does not have 

9 demonstrated expertise such issues, the cur10 ricula shall be developed by the primary grantee 

11 in partnership with an organization having such 

12 expertise. 

13 ‘‘(b) TRIBAL CURRICULA.—

14 ‘‘(1) IN GENERAL.—The Attorney General, 

15 through the Office on Violence Against Women, 

16 shall fund efforts to develop education curricula for 

17 tribal court judges to ensure that all tribal courts 

18 have relevant information about promising practices, 

19 procedures, policies, and law regarding tribal court 

20 responses to adult, youth, and minor domestic vio21 lence, dating violence, sexual assault, and stalking. 

22 ‘‘(2) ELIGIBLE ENTITIES.—Any curricula devel23 oped under this subsection—

24 ‘‘(A) shall be developed by a tribal organi25 zation having demonstrated expertise in devel-
151

•HR 3402 IH 

1 oping judicial education curricula on issues re2 lating to domestic violence, dating violence, sex3 ual assault, and stalking; and 

4 ‘‘(B) if the primary grantee does not have 

5 such expertise, the curricula shall be developed 

6 by the primary grantee through partnership 

7 with organizations having such expertise. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) IN GENERAL.—There is authorized to be 

10 appropriated to carry out this section $1,000,000 for 

11 each of fiscal years 2006 to 2010. 

12 ‘‘(2) AVAILABILITY.—Funds appropriated 

13 under this section shall remain available until ex14 pended and may only be used for the specific pro15 grams and activities described in this section. 

16 ‘‘(3) SET ASIDE.—Of the amounts made avail17 able under this section in each fiscal year, not less 

18 than 10 percent shall be used for grants to tribes. 

19 ‘‘SEC. 41004. ACCESS TO JUSTICE FOR TEENS. 

20 ‘‘(a) PURPOSE.—It is the purpose of this section to 

21 encourage cross training and collaboration between the 

22 courts, domestic violence and sexual assault service pro23 viders, youth organizations and service providers, violence 

24 prevention programs, and law enforcement agencies, so 

25 that communities can establish and implement policies, 
152

•HR 3402 IH 

1 procedures, and practices to protect and more comprehen2 sively and effectively serve youth victims of dating vio3 lence, domestic violence, sexual assault, and stalking be4 tween the ages of 12 and 24, and to engage, where nec5 essary, other entities addressing the safety, health, mental 

6 health, social service, housing, and economic needs of 

7 youth victims of domestic violence, dating violence, sexual 

8 assault, and stalking. 

9 ‘‘(b) GRANT AUTHORITY.—

10 ‘‘(1) IN GENERAL.—The Attorney General, 

11 through the Director of the Office on Violence 

12 Against Women (in this section referred to as the 

13 ‘Director’), shall make grants to eligible entities to 

14 enable entities to jointly carry out cross training and 

15 other collaborative initiatives that seek to carry out 

16 the purposes of this section. Amounts appropriated 

17 under this section may only be used for programs 

18 and activities described under subsection (c). 

19 ‘‘(2) GRANT PERIODS.—Grants shall be award20 ed under this section for a period of 3 fiscal years. 

21 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a 

22 grant under this section, a grant applicant shall es23 tablish a collaboration that shall include—

24 ‘‘(A) a Tribal, State, Territorial or local 

25 juvenile, family, civil, criminal or other trial 
153

•HR 3402 IH 

1 court with jurisdiction over domestic violence, 

2 dating violence, sexual assault or stalking cases 

3 (hereinafter referred to as ‘‘courts’’); and 

4 ‘‘(B) a victim service provider that has ex5 perience in working on domestic violence, dating 

6 violence, sexual assault, or stalking and the ef7 fect that those forms of abuse have on young 

8 people. 

9 ‘‘(c) USES OF FUNDS.—An entity that receives a 

10 grant under this section shall use the funds made available 

11 through the grant for cross-training and collaborative ef12 forts to—

13 ‘‘(1) assess and analyze currently available serv14 ices for youth victims of domestic violence, dating vi15 olence, sexual assault, and stalking, determine rel16 evant barriers to such services in a particular local17 ity; 

18 ‘‘(2) establish and enhance linkages and col19 laboration between courts, domestic violence or sex20 ual assault service providers, and, where applicable, 

21 law enforcement agencies, and other entities ad22 dressing the safety, health, mental health, social 

23 service, housing, and economic needs of youth vic24 tims of domestic violence, dating violence, sexual as25 sault or stalking, including community-based sup-
154

•HR 3402 IH 

1 ports such as schools, local health centers, commu2 nity action groups, and neighborhood coalitions to 

3 identify, assess, and respond appropriately to the 

4 varying needs of youth victims of dating violence, 

5 domestic violence, sexual assault or stalking; 

6 ‘‘(3) educate the staff of courts, domestic vio7 lence and sexual assault service providers, and, as 

8 applicable, the staff of law enforcement agencies, 

9 youth organizations, schools, healthcare providers 

10 and other community prevention and intervention 

11 programs to responsibly address youth victims and 

12 perpetrators of domestic violence, dating violence, 

13 sexual assault and stalking, and to understand rel14 evant laws, court procedures and policies; and 

15 ‘‘(4) provide appropriate resources in juvenile 

16 court matters to respond to dating violence, domestic 

17 violence, sexual assault and stalking and assure nec18 essary services dealing with the health and mental 

19 health of youth victims are available. 

20 ‘‘(d) GRANT APPLICATIONS.—To be eligible for a 

21 grant under this section, the entities that are members 

22 of the applicant collaboration described in subsection 

23 (b)(3) shall jointly submit an application to the Director 

24 at such time, in such manner, and containing such infor25 mation as the Director may require. 
155

•HR 3402 IH 

1 ‘‘(e) PRIORITY.—In awarding grants under this sec2 tion, the Director shall give priority to entities that have 

3 submitted applications in partnership with law enforce4 ment agencies and religious and community organizations 

5 and service providers that work primarily with youth, es6 pecially teens, and who have demonstrated a commitment 

7 to coalition building and cooperative problem solving in 

8 dealing with problems of dating violence, domestic vio9 lence, sexual assault, and stalking in teen populations. 

10 ‘‘(f) DISTRIBUTION.—In awarding grants under this 

11 section—

12 ‘‘(1) not less than 10 percent of funds appro13 priated under this section in any year shall be avail14 able for grants to collaborations involving tribal 

15 courts, tribal coalitions, tribal organizations, or do16 mestic violence or sexual assault service providers 

17 the primary purpose of which is to provide culturally 

18 relevant services to American Indian or Alaska Na19 tive women or youth; 

20 ‘‘(2) the Attorney General shall not use more 

21 than 2.5 percent of funds appropriated under this 

22 section in any year for monitoring and evaluation of 

23 grants made available under this section; 

24 ‘‘(3) the Attorney General shall not use more 

25 than 2.5 percent of funds appropriated under this 
156

•HR 3402 IH 

1 section in any year for administration of grants 

2 made available under this section; and 

3 ‘‘(4) up to 8 percent of funds appropriated 

4 under this section in any year shall be available to 

5 provide training, technical assistance, and data col6 lection for programs funded under this section. 

7 ‘‘(g) REPORTS.—

8 ‘‘(1) REPORTS.—Each of the entities that are 

9 members of the applicant collaboration described in 

10 subsection (b)(3) and that receive a grant under this 

11 section shall jointly prepare and submit a report to 

12 the Attorney General every 18 months detailing the 

13 activities that the entities have undertaken under 

14 the grant and such additional information as the At15 torney General may require. Each such report shall 

16 contain information on—

17 ‘‘(A) the activities implemented by the re18 cipients of the grants awarded under this sec19 tion; and 

20 ‘‘(B) related initiatives undertaken by the 

21 Director to promote attention to dating vio22 lence, domestic violence, sexual assault, and 

23 stalking and their impact on young victims 

24 by—

25 ‘‘(i) the staffs of courts; 
157

•HR 3402 IH 

1 ‘‘(ii) domestic violence, dating vio2 lence, sexual assault, and stalking service 

3 providers; and 

4 ‘‘(iii) law enforcement agencies and 

5 community organizations. 

6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section, 

8 $5,000,000 for each of fiscal years 2006 through 2010.’’. 

9 SEC. 505. FULL FAITH AND CREDIT IMPROVEMENTS. 

10 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

11 BY TERRITORIES.—Section 2265 of title 18, United 

12 States Code, is amended—

13 (1) by striking ‘‘State or Indian tribe’’ each 

14 place it appears and inserting ‘‘State, Indian tribe, 

15 or territory’’; 

16 (2) by striking ‘‘State or tribal’’ each place it 

17 appears and inserting ‘‘State, tribal, or territorial’’; 

18 and 

19 (3) in subsection (a) by striking ‘‘State or 

20 tribe’’ and inserting ‘‘State, Indian tribe, or terri21 tory’’. 

22 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE23 MENT AUTHORITY AND RESPONSIBILITIES.—Section 

24 2265(a) of title 18, United States Code, is amended by 

25 striking ‘‘and enforced as if it were’’ and inserting ‘‘and 
158

•HR 3402 IH 

1 enforced by the court and law enforcement personnel of 

2 the other State, Indian tribal government, or Territory as 

3 if it were’’. 

4 (c) PROTECTION ORDERS.—Sections 2265 and 2266 

5 of title 18, United States Code, are both amended by strik6 ing ‘‘protection order’’ each place it appears and inserting 

7 ‘‘protection order, restraining order, or injunction’’. 

8 (d) DEFINITIONS.—Section 2266 of title 18, United 

9 States Code, is amended by striking paragraph (5) and 

10 inserting the following: 

11 ‘‘(5) PROTECTION ORDER, RESTRAINING

12 ORDER, OR INJUNCTION.—The term ‘protection 

13 order, restraining order, or injunction’ includes—

14 ‘‘(A) any injunction or other order issued 

15 by a civil or criminal court for the purpose of 

16 preventing violent or threatening acts or har17 assment against, sexual violence, or contact or 

18 communication with or physical proximity to, 

19 another person, including any temporary or 

20 final order issued by a civil or criminal court 

21 whether obtained by filing an independent ac22 tion or as a pendente lite order in another pro23 ceeding so long as any civil or criminal order 

24 was issued in response to a complaint, petition, 
159

•HR 3402 IH 

1 or motion filed by or on behalf of a person seek2 ing protection; and 

3 ‘‘(B) any support, child custody or visita4 tion provisions, orders, remedies or relief issued 

5 as part of a protection order, restraining order, 

6 or injunction pursuant to State, tribal, terri7 torial, or local law authorizing the issuance of 

8 protection orders, restraining orders, or injunc9 tions for the protection of victims of domestic 

10 violence, sexual assault, dating violence, or 

11 stalking.’’. 

12 SEC. 506. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES13 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

14 VIOLENCE, AND STALKING. 

15 The Violence Against Women Act of 1994, as amend16 ed by this Act, is further amended by adding after subtitle 

17 J (as added by section 504) the following: 

18 ‘‘Subtitle K—Privacy Protections 

19 for Victims of Domestic Vio20 lence, Dating Violence, Sexual 

21 Violence, and Stalking 

22 ‘‘SEC. 41101. TASK FORCE. 

23 ‘‘The Attorney General shall establish a task force 

24 to review and report on policies, procedures, and techno25 logical issues that may affect the privacy and confiden-
160

•HR 3402 IH 

1 tiality of victims of domestic violence, dating violence, 

2 stalking and sexual assault. The Attorney General shall 

3 include representatives from States, tribes, territories, law 

4 enforcement, court personnel, and private nonprofit orga5 nizations whose mission is to help develop a best practices 

6 model to prevent personally identifying information of 

7 adult, youth, and minor victims of domestic violence, dat8 ing violence, stalking and sexual assault from being re9 leased to the detriment of such victimized persons. The 

10 Attorney General shall designate one staff member to 

11 work with the task force. The Attorney General is author12 ized to make grants to develop a demonstration project 

13 to implement the best practices identified by the Task 

14 Force. 

15 ‘‘SEC. 41102. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘(a) IN GENERAL.—There is authorized to be appro17 priated to carry out this subtitle $1,000,000 for each of 

18 fiscal years 2006 through 2010. 

19 ‘‘(b) AVAILABILITY.—Amounts appropriated under 

20 this section shall remain available until expended and may 

21 only be used for the specific programs and activities de22 scribed in this subtitle.’’. 

23 SEC. 507. STALKER DATABASE. 

24 Section 40603 of the Violence Against Women Act 

25 of 1994 (42 U.S.C. 14032) is amended—
161

•HR 3402 IH 

1 (1) by striking ‘‘2001’’ and inserting ‘‘2006’’; 

2 and 

3 (2) by striking ‘‘2006’’ and inserting ‘‘2010’’. 

4 SEC. 508. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA. 

5 Section 40114 of the Violence Against Women Act 

6 of 1994 is amended to read as follows: 

7 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AS8 SISTANTS. 

9 ‘‘There are authorized to be appropriated to the At10 torney General for the purpose of appointing victim assist11 ants for the prosecution of sex crimes and domestic vio12 lence crimes where applicable (such as the District of Co13 lumbia), $1,000,000 for each of fiscal years 2006 through 

14 2010.’’. 

15 SEC. 509. PREVENTING CYBERSTALKING. 

16 Section 2261A of title 18, United States Code, is 

17 amended—

18 (1) in paragaph (1)—

19 (A) by inserting after ‘‘intimidate’’ the fol20 lowing: ‘‘, or places under surveillance with the 

21 intent to kill, injure, haras, or intimidate,’’; and 

22 (B) by inserting after ‘‘or serious bodily in23 jury to,’’ the following: ‘‘or causes substantial 

24 emotional harm to,’’; 
162

•HR 3402 IH 

1 (2) in paragraph (2)(A), by striking ‘‘to kill or 

2 injure’’ and inserting ‘‘to kill, injure, harass, or in3 timidate, or places under surveillance with the intent 

4 to kill, injure, harass, or intimidate, or to cause sub5 stantial emtional harm to,’’; and 

6 (3) in paragraph (2), in the matter following 

7 clause (iii) of subparagraph (B)—

8 (A) by inserting after ‘‘uses the mail’’ the 

9 following: ‘‘, any interactive computer service,’’; 

10 and 

11 (B) by inserting after ‘‘course of conduct 

12 that’’ the following: ‘‘causes substantial emo13 tional harm to that person or’’. 

14 SEC. 510. REPEAT OFFENDER PROVISION. 

15 Chapter 110A of title 18, United States Code, is 

16 amended by adding after section 2265 the following: 

17 ‘‘§ 2265A. Repeat offender provision 

18 ‘‘The maximum term of imprisonment for a violation 

19 of this chapter after a prior interstate domestic violence 

20 offense (as defined in section 2261) or interstate violation 

21 of protection order (as defined in section 2262) or inter22 state stalking (as defined in sections 2261A(a) and 

23 2261A(b)) shall be twice the term otherwise provided for 

24 the violation.’’. 
163

•HR 3402 IH 

1 SEC. 511. PROHIBITING DATING VIOLENCE. 

2 Section 2261(a) of title 18, United States Code, is 

3 amended—

4 (1) in paragraph (1), by striking ‘‘or intimate 

5 partner’’ both places such term appears and insert6 ing ‘‘, intimate partner, or dating partner’’; and 

7 (2) in paragraph (2), by striking ‘‘or intimate 

8 partner’’ both places such term appears and insert9 ing ‘‘, intimate partner, or dating partner’’. 

10 SEC. 512. GAO STUDY AND REPORT. 

11 (a) STUDY REQUIRED.—The Comptroller General 

12 shall conduct a study to establish the extent to which men, 

13 women, youth, and children are victims of domestic vio14 lence, dating violence, sexual assault, and stalking and the 

15 availability to all victims of shelter, counseling, legal rep16 resentation, and other services commonly provided to vic17 tims of domestic violence. 

18 (b) ACTIVITIES UNDER STUDY.—In conducting the 

19 study, the following shall apply: 

20 (1) CRIME STATISTICS.—The Comptroller Gen21 eral shall not rely only on crime statistics, but may 

22 also use existing research available, including public 

23 health studies and academic studies. 

24 (2) SURVEY.—The Comptroller General shall 

25 survey the Department of Justice, as well as any re-
164

•HR 3402 IH 

1 cipients of Federal funding for any purpose or an 

2 appropriate sampling of recipients, to determine—

3 (A) what services are provided to victims 

4 of domestic violence, dating violence, sexual as5 sault, and stalking; 

6 (B) whether those services are made avail7 able to youth, child, female, and male victims; 

8 and 

9 (C) the number, age, and gender of victims 

10 receiving each available service. 

11 (c) REPORT.—Not later than 1 year after the date 

12 of the enactment of this Act, the Comptroller General shall 

13 submit to Congress a report on the activities carried out 

14 under this section. 

15 TITLE VI—IMPROVING SERVICES 

16 FOR VICTIMS OF DOMESTIC 

17 VIOLENCE, DATING VIO18 LENCE, SEXUAL ASSAULT, 

19 AND STALKING 

20 SEC. 601. TECHNICAL AMENDMENT TO VIOLENCE AGAINST 

21 WOMEN ACT. 

22 Section 2001 of the Omnibus Crime Control and Safe 

23 Streets Act of 1968 (42 U.S.C. 3796gg) is amended by 

24 adding at the end the following: 
165

•HR 3402 IH 

1 ‘‘(e) USE OF FUNDS.—Funds appropriated for 

2 grants under this part may be used only for the specific 

3 programs and activities expressly described in this part.’’. 

4 SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM. 

5 Part T of the Omnibus Crime Control and Safe 

6 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amend7 ed by adding after section 2013 (as added by section 501 

8 of this Act) the following: 

9 ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM. 

10 ‘‘(a) PURPOSES.—The purposes of this section are—

11 ‘‘(1) to assist States, tribes, and territories in 

12 providing intervention, advocacy, accompaniment, 

13 support services, and related assistance for—

14 ‘‘(A) adult, youth, and minor victims of 

15 sexual assault; 

16 ‘‘(B) family and household members of 

17 such victims; and 

18 ‘‘(C) those collaterally affected by the vic19 timization except for the perpetrator of such 

20 victimization; and 

21 ‘‘(2) to provide for training, technical assist22 ance, and data collection relating to sexual assault 

23 to—
166

•HR 3402 IH 

1 ‘‘(A) Federal, State, tribal, territorial and 

2 local governments, law enforcement agencies, 

3 and courts; 

4 ‘‘(B) professionals working in legal, social 

5 service, and health care settings; 

6 ‘‘(C) nonprofit organizations; 

7 ‘‘(D) faith-based organizations; and 

8 ‘‘(E) other individuals and organizations 

9 seeking such assistance. 

10 ‘‘(b) GRANTS TO STATES AND TERRITORIES.—

11 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

12 General shall award grants to States and territories 

13 to support the establishment, maintenance, and ex14 pansion of rape crisis centers and other programs 

15 and projects to assist those victimized by sexual as16 sault. 

17 ‘‘(2) ALLOCATION AND USE OF FUNDS.—

18 ‘‘(A) ADMINISTRATIVE COSTS.—Not more 

19 than 5 percent of the grant funds received by 

20 a State or territory governmental agency under 

21 this subsection for any fiscal year may be used 

22 for administrative costs. 

23 ‘‘(B) GRANT FUNDS.—Any funds received 

24 by a State or territory under this subsection 

25 that are not used for administrative costs shall 
167

•HR 3402 IH 

1 be used to provide grants to rape crisis centers 

2 and other nonprofit, nongovernmental organiza3 tions for programs and activities within such 

4 State or territory that provide direct interven5 tion and related assistance and that provide 

6 training, technical assistance, and data collec7 tion. 

8 ‘‘(C) INTERVENTION AND RELATED AS9 SISTANCE.—Intervention and related assistance 

10 under subparagraph (B) may include—

11 ‘‘(i) 24 hour hotline services providing 

12 crisis intervention services and referral; 

13 ‘‘(ii) accompaniment and advocacy 

14 through medical, criminal justice, and so15 cial support systems, including medical fa16 cilities, police, and court proceedings; 

17 ‘‘(iii) crisis intervention, short-term 

18 individual and group support services, and 

19 comprehensive service coordination, and 

20 supervision to assist sexual assault victims 

21 and family or household members; 

22 ‘‘(iv) support mechanisms that are 

23 culturally relevant to the community; 
168

•HR 3402 IH 

1 ‘‘(v) information and referral to assist 

2 the sexual assault victim and family or 

3 household members; 

4 ‘‘(vi) community-based, linguistically, 

5 and culturally-specific service including 

6 outreach activities for racial and ethnic 

7 and other underserved populations and 

8 linkages to existing services in these popu9 lations; and 

10 ‘‘(vii) the development and distribu11 tion of educational materials on issues re12 lated to sexual assault and the services de13 scribed in clauses (i) through (vii). 

14 ‘‘(3) APPLICATION.—

15 ‘‘(A) IN GENERAL.—Each eligible entity 

16 desiring a grant under this subsection shall 

17 submit an application to the Attorney General 

18 at such time and in such manner as the Attor19 ney General may reasonably require. 

20 ‘‘(B) CONTENTS.—Each application sub21 mitted under subparagraph (A) shall—

22 ‘‘(i) set forth procedures designed to 

23 assure meaningful involvement of the State 

24 or territorial sexual assault coalition and 

25 representatives from racial and ethnic and 
169

•HR 3402 IH 

1 other underserved populations in the devel2 opment of the application and the imple3 mentation of the plans; 

4 ‘‘(ii) set forth procedures designed to 

5 ensure an equitable distribution of grants 

6 and grant funds within the State or terri7 tory and between urban and rural areas 

8 within such State or territory; 

9 ‘‘(iii) identify the State or territorial 

10 agency that is responsible for the adminis11 tration of programs and activities; and 

12 ‘‘(iv) meet other such requirements as 

13 the Attorney General reasonably deter14 mines are necessary to carry out the pur15 poses and provisions of this section. 

16 ‘‘(4) REPORTING.—Each State and territory re17 ceiving a grant under this subsection shall submit an 

18 annual report to the Attorney General that describes 

19 the activities carried out with such grant funds. 

20 ‘‘(5) ALLOCATION OF FUNDS.—The Attorney 

21 General shall allocate to each State, to the District 

22 of Columbia, and to the Commonwealth of Puerto 

23 Rico not less than 0.50 percent of the total amount 

24 so appropriated in a fiscal year for grants under this 

25 section, except that the United States Virgin Is-
170

•HR 3402 IH 

1 lands, American Samoa, Guam, and the Common2 wealth of the Northern Mariana Islands shall each 

3 be allocated 0.125 percent of the total appropria4 tions. 

5 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

6 ADDRESSING SEXUAL ASSAULT.—

7 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

8 General shall award grants to eligible entities to 

9 support the establishment, maintenance, and expan10 sion of culturally specific intervention and related 

11 assistance for victims of sexual assault. 

12 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re13 ceive a grant under this section, an entity shall—

14 ‘‘(A) be a private nonprofit organization 

15 that focuses primarily on racial and ethnic com16 munities; 

17 ‘‘(B) must have documented organizational 

18 experience in the area of sexual assault inter19 vention or have entered into a partnership with 

20 an organization having such expertise; 

21 ‘‘(C) have expertise in the development of 

22 community-based, linguistically and culturally 

23 specific outreach and intervention services rel24 evant for the specific racial and ethnic commu25 nities to whom assistance would be provided or 
171

•HR 3402 IH 

1 have the capacity to link to existing services in 

2 the community tailored to the needs of racial 

3 and ethnic populations; and 

4 ‘‘(D) have an advisory board or steering 

5 committee and staffing which is reflective of the 

6 targeted racial and ethnic community. 

7 ‘‘(3) USE OF FUNDS.—Funds appropriated 

8 under this section may be used only for the purposes 

9 described in this section. 

10 ‘‘(4) AWARD BASIS.—The Attorney General 

11 shall award grants under this section on a competi12 tive basis. 

13 ‘‘(5) DISTRIBUTION.—

14 ‘‘(A) The Attorney General shall not use 

15 more than the 2.5 percent of funds appro16 priated under this subsection in any year for 

17 administration, monitoring, and evaluation of 

18 grants made available under this subsection. 

19 ‘‘(B) Up to 5 percent of funds appro20 priated under this section in any year shall be 

21 available for training, technical assistance, and 

22 data collection by a national organization or or23 ganizations whose primary focus and expertise 

24 is in addressing sexual assault within racial and 

25 ethnic communities. 
172

•HR 3402 IH 

1 ‘‘(6) TERM.—The Attorney General shall make 

2 grants under this section for a period of no less than 

3 3 fiscal years. 

4 ‘‘(7) REPORTING.—Each entity receiving a 

5 grant under this subsection shall submit a report to 

6 the Attorney General that describes the activities out 

7 with such grant funds. 

8 ‘‘(d) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

9 SEXUAL ASSAULT COALITIONS.—

10 ‘‘(1) GRANTS AUTHORIZED.—

11 ‘‘(A) IN GENERAL.—The Attorney General 

12 shall award grants to State, territorial, and 

13 tribal sexual assault coalitions to assist in sup14 porting the establishment, maintenance, and ex15 pansion of such coalitions. 

16 ‘‘(B) MINIMUM AMOUNT.—Not less than 

17 10 percent of the total amount appropriated to 

18 carry out this section shall be used for grants 

19 under subparagraph (A). 

20 ‘‘(C) ELIGIBLE APPLICANTS.—Each of the 

21 State, territorial, and tribal sexual assault coali22 tions as determined by the National Center for 

23 Injury Prevention and Control in collaboration 

24 with the Violence Against Women Office of the 

25 Department of Justice. 
173

•HR 3402 IH 

1 ‘‘(2) USE OF FUNDS.—Grant funds received 

2 under this subsection may be used to—

3 ‘‘(A) work with local sexual assault pro4 grams and other providers of direct services to 

5 encourage appropriate responses to sexual as6 sault within the State, territory, or tribe; 

7 ‘‘(B) work with judicial and law enforce8 ment agencies to encourage appropriate re9 sponses to sexual assault cases; 

10 ‘‘(C) work with courts, child protective 

11 services agencies, and children’s advocates to 

12 develop appropriate responses to child custody 

13 and visitation issues when sexual assault has 

14 been determined to be a factor; 

15 ‘‘(D) design and conduct public education 

16 campaigns; 

17 ‘‘(E) plan and monitor the distribution of 

18 grants and grant funds to their State, territory, 

19 or tribe; or 

20 ‘‘(F) collaborate with and inform Federal, 

21 State, or local public officials and agencies to 

22 develop and implement policies to reduce or 

23 eliminate sexual assault. 
174

•HR 3402 IH 

1 ‘‘(3) ALLOCATION AND USE OF FUNDS.—From 

2 amounts appropriated for grants under this sub3 section for each fiscal year—

4 ‘‘(A) not less than 10 percent of the funds 

5 shall be available for grants to tribal sexual as6 sault coalitions; 

7 ‘‘(B) the remaining funds shall be available 

8 for grants to State and territorial coalitions, 

9 and the Attorney General shall allocate an 

amount equal to 1 10 ⁄56 of the amounts so appro11 priated to the Territories as defined in section 

12 4002(a)(20) of this Act. 

13 ‘‘(4) APPLICATION.—Each eligible entity desir14 ing a grant under this subsection shall submit an 

15 application to the Attorney General at such time, in 

16 such manner, and containing by such information as 

17 the Attorney General determines to be essential to 

18 carry out the purposes of this section. 

19 ‘‘(5) REPORTING.—Each State or territorial 

20 sexual assault coalition receiving a grant under this 

21 subsection shall submit a report to the Attorney 

22 General that describes activities carried out with 

23 such grant funds. 

24 ‘‘(6) FIRST-TIME APPLICANTS.—No entity shall 

25 be prohibited from submitting an application under 
175

•HR 3402 IH 

1 this subsection during any fiscal year for which 

2 funds are available under this subsection because 

3 such entity has not previously applied or received 

4 funding under this subsection. 

5 ‘‘(e) GRANTS TO TRIBES.—

6 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

7 General may award grants to Indian tribes, tribal 

8 organizations, and nonprofit tribal organizations ap9 proved by an Indian tribe for the operation of a sex10 ual assault programs or projects in Indian country 

11 and Alaskan native villages to support the establish12 ment, maintenance, and expansion of programs and 

13 projects to assist those victimized by sexual assault. 

14 ‘‘(2) ALLOCATION AND USE OF FUNDS.—

15 ‘‘(A) ADMINISTRATIVE COSTS.—Not more 

16 than 5 percent of the grant funds received by 

17 an Indian tribe, tribal organization, and non18 profit tribal organization under this subsection 

19 for any fiscal year may be used for administra20 tive costs. 

21 ‘‘(B) GRANT FUNDS.—Any funds received 

22 under this subsection that are not used for ad23 ministrative costs shall be used to provide 

24 grants to tribal organizations and nonprofit 

25 tribal organizations for programs and activities 
176

•HR 3402 IH 

1 within Indian country and Alaskan native vil2 lages that provide direct intervention and re3 lated assistance. 

4 ‘‘(C) INTERVENTION AND RELATED AS5 SISTANCE.—Intervention and related assistance 

6 under subparagraph (B) may include—

7 ‘‘(i) 24-hour hotline services providing 

8 crisis intervention services and referral; 

9 ‘‘(ii) accompaniment and advocacy 

10 through medical, criminal justice, and so11 cial support systems, including medical fa12 cilities, police, and court proceedings; 

13 ‘‘(iii) crisis intervention, short-term 

14 individual and group support services, and 

15 case management and supervision to assist 

16 sexual assault victims and family or house17 hold members; 

18 ‘‘(iv) information and referral to as19 sist the sexual assault victim and family or 

20 household members; 

21 ‘‘(v) support mechanisms that are cul22 turally relevant to the community; 

23 ‘‘(vi) collaborating with and informing 

24 public officials and agencies in order to de-
177

•HR 3402 IH 

1 velop and implement policies to reduce or 

2 eliminate sexual assault; and 

3 ‘‘(vii) the development and distribu4 tion of educational materials on issues re5 lated to sexual assault and the services de6 scribed in clauses (i) through (vi). 

7 ‘‘(3) REPORTING.—Each tribe receiving a grant 

8 under this subsection shall submit an annual report 

9 to the Attorney General that describes the activities 

10 carried out with such grant funds. 

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) IN GENERAL.—There are authorized to be 

13 appropriated $60,000,000 for each of the fiscal 

14 years 2006 through 2010 to carry out the provisions 

15 of this section. Any amounts so appropriated shall 

16 remain available until expended. 

17 ‘‘(2) ALLOCATIONS.—Of the total amounts ap18 propriated for each fiscal year to carry out this sec19 tion—

20 ‘‘(A) not more than 2.5 percent shall be 

21 used by the Attorney General for evaluation, 

22 monitoring, and other administrative costs 

23 under this section; 

24 ‘‘(B) not more than 2.5 percent shall be 

25 used for the provision of training, technical as-
178

•HR 3402 IH 

1 sistance, and data collection to grantees and 

2 subgrantees under this section; 

3 ‘‘(C) not less than 65 percent shall be used 

4 for grants to States and territories under sub5 section (b); 

6 ‘‘(D) not less than 10 percent shall be used 

7 for making grants to State, territorial, and trib8 al sexual assault coalitions under subsection (c); 

9 ‘‘(E) not less than 10 percent shall be used 

10 for grants to tribes under subsection (d); and 

11 ‘‘(F) not less than 10 percent shall be used 

12 for grants for culturally specific programs ad13 dressing sexual assault under subsection (c).’’. 

14 SEC. 603. AMENDMENTS TO THE RURAL DOMESTIC VIO15 LENCE AND CHILD ABUSE ENFORCEMENT AS16 SISTANCE PROGRAM. 

17 Section 40295 of the Violence Against Women Act 

18 of 1994 (42 U.S.C. 13971) is amended to read as follows: 

19 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO20 LENCE, SEXUAL ASSAULT, STALKING, AND 

21 CHILD ABUSE ENFORCEMENT ASSISTANCE. 

22 ‘‘(a) PURPOSES.—The purposes of this section are—

23 ‘‘(1) to identify, assess, and appropriately re24 spond to adult, youth, and minor domestic violence, 

25 sexual assault, dating violence, and stalking in rural 
179

•HR 3402 IH 

1 communities, by encouraging collaboration be2 tween—

3 ‘‘(A) domestic violence, dating violence, 

4 sexual assault, and stalking victim service pro5 viders; 

6 ‘‘(B) law enforcement agencies; 

7 ‘‘(C) prosecutors; 

8 ‘‘(D) courts; 

9 ‘‘(E) other criminal justice service pro10 viders; 

11 ‘‘(F) human and community service pro12 viders; 

13 ‘‘(G) educational institutions; and 

14 ‘‘(H) health care providers; 

15 ‘‘(2) to establish and expand nonprofit, non16 governmental, State, tribal, and local government 

17 services in rural communities to adult, youth, and 

18 minor victims; and 

19 ‘‘(3) to increase the safety and well-being of 

20 women and children in rural communities, by—

21 ‘‘(A) dealing directly and immediately with 

22 domestic violence, sexual assault, dating vio23 lence, and stalking occurring in rural commu24 nities; and 
180

•HR 3402 IH 

1 ‘‘(B) creating and implementing strategies 

2 to increase awareness and prevent domestic vio3 lence, sexual assault, dating violence, and stalk4 ing. 

5 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General, 

6 acting through the Director of the Office on Violence 

7 Against Women (referred to in this section as the ‘Direc8 tor’), may award 3-year grants, with a possible extension 

9 for an additional 3 years, to States, Indian tribes, local 

10 governments, and nonprofit, public or private entities, in11 cluding tribal nonprofit organizations, to carry out pro12 grams serving rural areas or rural communities that ad13 dress domestic violence, dating violence, sexual assault, 

14 and stalking by—

15 ‘‘(1) implementing, expanding, and establishing 

16 cooperative efforts and projects between law enforce17 ment officers, prosecutors, victim advocacy groups, 

18 and other related parties to investigate and pros19 ecute incidents of domestic violence, dating violence, 

20 sexual assault, and stalking; 

21 ‘‘(2) providing treatment, counseling, and other 

22 long- and short-term assistance to adult, youth, and 

23 minor victims of domestic violence, dating violence, 

24 sexual assault, and stalking in rural communities; 

25 and 
181

•HR 3402 IH 

1 ‘‘(3) working in cooperation with the commu2 nity to develop education and prevention strategies 

3 directed toward such issues. 

4 ‘‘(c) USE OF FUNDS.—Funds appropriated pursuant 

5 to this section shall be used only for specific programs and 

6 activities expressly described in subsection (a). 

7 ‘‘(d) ALLOTMENTS AND PRIORITIES.—

8 ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not 

9 less than 10 percent of the total amount made avail10 able for each fiscal year to carry out this section 

11 shall be allocated for grants to Indian tribes or trib12 al organizations. 

13 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT SERV14 ICES.—

15 ‘‘(A) IN GENERAL.—Not less than 25 per16 cent of the total amount made available for 

17 each fiscal year to carry out this section shall 

18 be allocated for grants that meaningfully ad19 dress sexual assault in rural communities, ex20 cept as provided in subparagraph (B). 

21 ‘‘(B) ESCALATION.—The percentage re22 quired by subparagraph (A) shall be—

23 ‘‘(i) 30 percent, for any fiscal year for 

24 which $45,000,000 or more is made avail25 able to carry out this section; 
182

•HR 3402 IH 

1 ‘‘(ii) 35 percent, for any fiscal year 

2 for which $50,000,000 or more is made 

3 available to carry out this section; or 

4 ‘‘(iii) 40 percent, for any fiscal year 

5 for which $55,000,000 or more is made 

6 available to carry out this section. 

7 ‘‘(C) SAVINGS CLAUSE.—Nothing in this 

8 paragraph shall prohibit an applicant from ap9 plying for funding to address domestic violence, 

10 dating violence, sexual assault, or stalking, sep11 arately or in combination, in the same applica12 tion. 

13 ‘‘(D) REPORT TO CONGRESS.—The Attor14 ney General shall, on an annual basis, submit 

15 to Congress a report on the effectiveness of the 

16 set-aside for sexual assault services. The report 

17 shall include any recommendations of the Attor18 ney General with respect to the rural grant pro19 gram. 

20 ‘‘(3) ALLOTMENT FOR TRAINING, TECHNICAL

21 ASSISTANCE, AND DATA COLLECTION.—Of the 

22 amounts appropriated for each fiscal year to carry 

23 out this section, not more than 8 percent may be 

24 used by the Director for training, technical assist25 ance, and data collection costs. Of the amounts so 
183

•HR 3402 IH 

1 used, not less than 25 percent shall be available to 

2 nonprofit, nongovernmental organizations whose 

3 focus and expertise is in addressing sexual assault to 

4 provide training, technical assistance, and data col5 lection with respect to sexual assault grantees. 

6 ‘‘(4) UNDERSERVED POPULATIONS.—In award7 ing grants under this section, the Director shall give 

8 priority to the needs of racial and ethnic and other 

9 underserved populations (as defined in section 

10 2000B of the Omnibus Crime Control and Safe 

11 Streets Act of 1968). 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

13 ‘‘(1) IN GENERAL.—There are authorized to be 

14 appropriated $55,000,000 for each of the fiscal 

15 years 2006 through 2010 to carry out this section. 

16 ‘‘(2) ADDITIONAL FUNDING.—In addition to 

17 funds received through a grant under subsection (b), 

18 a law enforcement agency may use funds received 

19 through a grant under part Q of title I of the Omni20 bus Crime Control and Safe Streets Act of 1968 (42 

21 U.S.C. 3796dd et seq.) to accomplish the objectives 

22 of this section.’’. 

23 SEC. 604. ASSISTANCE FOR VICTIMS OF ABUSE. 

24 Part T of the Omnibus Crime Control and Safe 

25 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amend-
184

•HR 3402 IH 

1 ed by adding after section 2014 (as added by section 602 

2 of this Act) the following: 

3 ‘‘SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE. 

4 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

5 may award grants to appropriate entities—

6 ‘‘(1) to provide services for victims of domestic 

7 violence, abuse by caregivers, and sexual assault who 

8 are 50 years of age or older; 

9 ‘‘(2) to improve the physical accessibility of ex10 isting buildings in which services are or will be ren11 dered for victims of domestic violence and sexual as12 sault who are 50 years of age or older; 

13 ‘‘(3) to provide training, consultation, and in14 formation on abuse by caregivers, domestic violence, 

15 dating violence, stalking, and sexual assault against 

16 individuals with disabilities (as defined in section 3 

17 of the Americans with Disabilities Act of 1990 (42 

18 U.S.C. 12102)), and to enhance direct services to 

19 such individuals; 

20 ‘‘(4) for training programs to assist law en21 forcement officers, prosecutors, governmental agen22 cies, victim assistants, and relevant officers of Fed23 eral, State, tribal, territorial, and local courts in rec24 ognizing, addressing, investigating, and prosecuting 

25 instances of adult, youth, or minor domestic vio-
185

•HR 3402 IH 

1 lence, dating violence, sexual assault, stalking, elder 

2 abuse, and violence against individuals with disabil3 ities, including domestic violence and sexual assault, 

4 against older or disabled individuals; and 

5 ‘‘(5) for multidisciplinary collaborative commu6 nity responses to victims. 

7 ‘‘(b) USE OF FUNDS.—Grant funds under this sec8 tion may be used—

9 ‘‘(1) to implement or expand programs or serv10 ices to respond to the needs of persons 50 years of 

11 age or older who are victims of domestic violence, 

12 dating violence, sexual assault, stalking, or elder 

13 abuse; 

14 ‘‘(2) to provide personnel, training, technical 

15 assistance, data collection, advocacy, intervention, 

16 risk reduction and prevention of domestic violence, 

17 dating violence, stalking, and sexual assault against 

18 disabled individuals; 

19 ‘‘(3) to conduct outreach activities to ensure 

20 that disabled individuals who are victims of domestic 

21 violence, dating violence, stalking, or sexual assault 

22 receive appropriate assistance; 

23 ‘‘(4) to conduct cross-training for victim service 

24 organizations, governmental agencies, and nonprofit, 

25 nongovernmental organizations serving individuals 
186

•HR 3402 IH 

1 with disabilities; about risk reduction, intervention, 

2 prevention and the nature of dynamic of domestic vi3 olence, dating violence, stalking, and sexual assault 

4 for disabled individuals; 

5 ‘‘(5) to provide training, technical assistance, 

6 and data collection to assist with modifications to 

7 existing policies, protocols, and procedures to ensure 

8 equal access to the services, programs, and activities 

9 of victim service organizations for disabled individ10 uals; 

11 ‘‘(6) to provide training, technical assistance, 

12 and data collection on the requirements of shelters 

13 and victim services organizations under Federal 

14 antidiscrimination laws, including—

15 ‘‘(A) the Americans with Disabilities Act of 

16 1990; and 

17 ‘‘(B) section 504 of the Rehabilitation Act 

18 of 1973; 

19 ‘‘(7) to purchase equipment, and provide per20 sonnel so that shelters and victim service organiza21 tions can accommodate the needs of disabled individ22 uals; 

23 ‘‘(8) to provide advocacy and intervention serv24 ices for disabled individuals who are victims of do-
187

•HR 3402 IH 

1 mestic violence, dating violence, stalking, or sexual 

2 assault through collaborative partnerships between—

3 ‘‘(A) nonprofit, nongovernmental agencies; 

4 ‘‘(B) governmental agencies serving indi5 viduals 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 

14 to receive a grant under this section if the entity 

15 is—

16 ‘‘(A) a State; 

17 ‘‘(B) a unit of local government; 

18 ‘‘(C) a nonprofit, nongovernmental organi19 zation such as a victim services organization, an 

20 organization serving individuals with disabilities 

21 or a community-based organization; and 

22 ‘‘(D) a religious organization. 

23 ‘‘(2) LIMITATION.—A grant awarded for the 

24 purposes described in subsection (b) (9) shall be 

25 awarded only to an eligible agency (as defined in 
188

•HR 3402 IH 

1 section 410 of the Rehabilitation Act of 1973 (29 

2 U.S.C. 796f—5)). 

3 ‘‘(d) APPLICATION.—An eligible entity desiring a 

4 grant under this section shall submit an application to the 

5 Attorney General at such time, in such manner, and con6 taining such information as the Attorney General may re7 quire. 

8 ‘‘(e) REPORTING.—Not later than 1 year after the 

9 last day of the first fiscal year commencing on or after 

10 the date of enactment of this Act, and not later than 180 

11 days after the last day of each fiscal year thereafter, the 

12 Attorney General shall submit to Congress a report evalu13 ating the effectiveness of programs administered and oper14 ated pursuant to this section. 

15 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated $20,500,000 for each 

17 of the fiscal years 2006 through 2010 to carry out this 

18 section.’’. 

19 SEC. 605. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE 

20 HOTLINE. 

21 (a) STUDY REQUIRED.—Not later than 6 months 

22 after the date of enactment of this Act, the Comptroller 

23 General shall conduct a study of the National Domestic 

24 Violence Hotline to determine the effectiveness of the Hot25 line in assisting victims of domestic violence. 
189

•HR 3402 IH 

1 (b) ISSUES TO BE STUDIED.—In conducting the 

2 study under subsection (a), the Comptroller General 

3 shall—

4 (1) compile statistical and substantive informa5 tion about calls received by the Hotline since its in6 ception, or a representative sample of such calls, 

7 while maintaining the confidentiality of Hotline call8 ers; 

9 (2) interpret the data compiled under para10 graph (1)—

11 (A) to determine the trends, gaps in serv12 ices, and geographical areas of need; and 

13 (B) to assess the trends and gaps in serv14 ices to underserved populations and the military 

15 community; and 

16 (3) gather other important information about 

17 domestic violence. 

18 (c) REPORT.—Not later than 3 years after the date 

19 of enactment of this Act, the Comptroller General shall 

20 submit to Congress a report on the results of the study. 

21 SEC. 606. GRANTS FOR OUTREACH TO UNDERSERVED POP22 ULATIONS. 

23 (a) GRANTS AUTHORIZED.—

24 (1) IN GENERAL.—From amounts made avail25 able to carry out this section, the Attorney General, 
190

•HR 3402 IH 

1 acting through the Director of the Office on Violence 

2 Against Women, shall award grants to eligible enti3 ties described in subsection (b) to carry out local, re4 gional, or national public information campaigns fo5 cused on addressing adult, youth, or minor domestic 

6 violence, dating violence, sexual assault, stalking, or 

7 trafficking within tribal, racial, and ethnic popu8 lations and immigrant communities, including infor9 mation on services available to victims and ways to 

10 prevent or reduce domestic violence, dating violence, 

11 sexual assault, and stalking. 

12 (2) TERM.—The Attorney General shall award 

13 grants under this section for a period of 1 fiscal 

14 year. 

15 (b) ELIGIBLE ENTITIES.—Eligible entities under this 

16 section are—

17 (1) nonprofit, nongovernmental organizations or 

18 coalitions that represent the targeted tribal, racial, 

19 and ethnic populations or immigrant community 

20 that—

21 (A) have a documented history of creating 

22 and administering effective public awareness 

23 campaigns addressing domestic violence, dating 

24 violence, sexual assault, and stalking; or 
191

•HR 3402 IH 

1 (B) work in partnership with an organiza2 tion that has a documented history of creating 

3 and administering effective public awareness 

4 campaigns addressing domestic violence, dating 

5 violence, sexual assault, and stalking; or 

6 (2) a governmental entity that demonstrates a 

7 partnership with organizations described in para8 graph (1). 

9 (c) ALLOCATION OF FUNDS.—Of the amounts appro10 priated for grants under this section—

11 (1) not more than 20 percent shall be used for 

12 national model campaign materials targeted to spe13 cific tribal, racial, or ethnic populations or immi14 grant community, including American Indian tribes 

15 and Alaskan native villages for the purposes of re16 search, testing, message development, and prepara17 tion of materials; and 

18 (2) the balance shall be used for not less than 

19 10 State, regional, territorial, tribal, or local cam20 paigns targeting specific communities with informa21 tion and materials developed through the national 

22 campaign or, if appropriate, new materials to reach 

23 an underserved population or a particularly isolated 

24 community. 
192

•HR 3402 IH 

1 (d) USE OF FUNDS.—Funds appropriated under this 

2 section shall be used to conduct a public information cam3 paign and build the capacity and develop leadership of ra4 cial, ethnic populations, or immigrant community mem5 bers to address domestic violence, dating violence, sexual 

6 assault, and stalking. 

7 (e) APPLICATION.—An eligible entity desiring a grant 

8 under this section shall submit an application to the Direc9 tor of the Office on Violence Against Women at such time, 

10 in such form, and in such manner as the Director may 

11 prescribe. 

12 (f) CRITERIA.—In awarding grants under this sec13 tion, the Attorney General shall ensure—

14 (1) reasonable distribution among eligible 

15 grantees representing various racial, ethnic, and im16 migrant communities; 

17 (2) reasonable distribution among State, re18 gional, territorial, tribal, and local campaigns; 

19 (3) that not more than 8 percent of the total 

20 amount appropriated under this section for each fis21 cal year is set aside for training, technical assist22 ance, and data collection. 

23 (g) REPORTS.—Each eligible entity receiving a grant 

24 under this section shall submit to the Director of the Of-
193

•HR 3402 IH 

1 fice of Violence Against Women, every 18 months, a report 

2 that describes the activities carried out with grant funds. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $2,000,000 for each of fiscal years 2006 through 2010. 

6 TITLE VII—SERVICES, PROTEC7 TION, AND JUSTICE FOR 

8 YOUNG VICTIMS OF VIO9 LENCE 

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

11 VIOLENCE. 

12 The Violence Against Women Act of 1994 is amended 

13 by adding after subtitle K (as added by section 506) the 

14 following: 

15 ‘‘Subtitle L—Services, Education, 

16 Protection and Justice for 

17 Young Victims of Violence 

18 ‘‘SEC. 41201. GRANTS FOR TRAINING AND COLLABORATION 

19 ON THE INTERSECTION BETWEEN DOMESTIC 

20 VIOLENCE AND CHILD MALTREATMENT. 

21 ‘‘(a) PURPOSE.—The purpose of this section is to 

22 support efforts by domestic violence or dating violence vic23 tim services providers, courts, law enforcement, child wel24 fare agencies, and other related professionals and commu25 nity organizations to develop collaborative responses and 
194

•HR 3402 IH 

1 services and provide cross-training to enhance community 

2 responses to families where there is both child maltreat3 ment and domestic violence. 

4 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General, 

5 through the Violence Against Women Office, shall award 

6 grants on a competitive basis to eligible entities for the 

7 purposes and in the manner described in this section. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $8,000,000 for each of fiscal years 2006 through 2010. 

11 Funds appropriated under this section shall remain avail12 able until expended. Of the amounts appropriated to carry 

13 out this section for each fiscal year, the Attorney General 

14 shall—

15 ‘‘(1) use not more than 3 percent for evalua16 tion, monitoring, site visits, grantee conferences, and 

17 other administrative costs associated with con18 ducting activities under this section; 

19 ‘‘(2) set aside not more than 10 percent for 

20 grants to programs addressing child maltreatment 

21 and domestic violence or dating violence that are op22 erated by, or in partnership with, a tribal organiza23 tion; and 

24 ‘‘(3) set aside up to 8 percent for training and 

25 technical assistance, to be provided—
195

•HR 3402 IH 

1 ‘‘(A) to organizations that are establishing 

2 or have established collaborative responses and 

3 services; and 

4 ‘‘(B) by organizations having demonstrated 

5 expertise in developing collaborative community 

6 and system responses to families in which there 

7 is both child maltreatment and domestic vio8 lence or dating violence, whether or not they 

9 are receiving funds under this section. 

10 ‘‘(d) UNDERSERVED POPULATIONS.—In awarding 

11 grants under this section, the Attorney General shall con12 sider the needs of racial and ethnic and other underserved 

13 populations (as defined in section 2000B of the Omnibus 

14 Crime Control and Safe Streets Act of 1968). 

15 ‘‘(e) GRANT AWARDS.—The Attorney General shall 

16 award grants under this section for periods of not more 

17 than 3 fiscal years. 

18 ‘‘(f) USES OF FUNDS.—Entities receiving grants 

19 under this section shall use amounts provided to develop 

20 collaborative responses and services and provide cross21 training to enhance community responses to families 

22 where there is both child maltreatment and domestic vio23 lence or dating violence. Amounts distributed under this 

24 section may only be used for programs and activities de25 scribed in subsection (g). 
196

•HR 3402 IH 

1 ‘‘(g) PROGRAMS AND ACTIVITIES.—The programs 

2 and activities developed under this section shall—

3 ‘‘(1) encourage cross training, education, serv4 ice development, and collaboration among child wel5 fare agencies, domestic violence victim service pro6 viders, and courts, law enforcement agencies, com7 munity-based programs, and other entities, in order 

8 to ensure that such entities have the capacity to and 

9 will identify, assess, and respond appropriately to—

10 ‘‘(A) domestic violence or dating violence 

11 in homes where children are present and may 

12 be exposed to the violence; 

13 ‘‘(B) domestic violence or dating violence 

14 in child protection cases; and 

15 ‘‘(C) the needs of both the child and non16 abusing parent; 

17 ‘‘(2) establish and implement policies, proce18 dures, programs, and practices for child welfare 

19 agencies, domestic violence victim service providers, 

20 courts, law enforcement agencies, and other entities, 

21 that are consistent with the principles of protecting 

22 and increasing the immediate and long-term safety 

23 and well being of children and non-abusing parents 

24 and caretakers by—
197

•HR 3402 IH 

1 ‘‘(A) increasing the safety, autonomy, ca2 pacity, and financial security of non-abusing 

3 parents or caretakers, including developing 

4 service plans and utilizing community-based 

5 services that provide resources and support to 

6 non-abusing parents; 

7 ‘‘(B) protecting the safety, security, and 

8 well-being of children by preventing their un9 necessary removal from a non-abusing parent, 

10 or, in cases where removal of the child is nec11 essary to protect the child’s safety, taking the 

12 necessary steps to provide appropriate and com13 munity-based services to the child and the non14 abusing parent to promote the safe and appro15 priately prompt reunification of the child with 

16 the non-abusing parent; 

17 ‘‘(C) recognizing the relationship between 

18 child maltreatment and domestic violence or 

19 dating violence in a family, as well as the im20 pact of and danger posed by the perpetrators’ 

21 behavior on adult, youth, and minor victims; 

22 and 

23 ‘‘(D) holding adult, youth, and minor per24 petrators of domestic violence or dating vio25 lence, not adult, youth, and minor victims of 
198

•HR 3402 IH 

1 abuse or neglect, accountable for stopping the 

2 perpetrators’ abusive behaviors, including the 

3 development of separate service plans, court fil4 ings, or community-based interventions where 

5 appropriate; 

6 ‘‘(3) increase cooperation and enhance linkages 

7 between child welfare agencies, domestic violence vic8 tim service providers, courts (including family, crimi9 nal, juvenile courts, or tribal courts), law enforce10 ment agencies, and other entities to provide more 

11 comprehensive community-based services (including 

12 health, mental health, social service, housing, and 

13 neighborhood resources) to protect and to serve 

14 adult, youth, and minor victims; 

15 ‘‘(4) identify, assess, and respond appropriately 

16 to domestic violence or dating violence in child pro17 tection cases and to child maltreatment when it co18 occurs with domestic violence or dating violence; 

19 ‘‘(5) analyze and change policies, procedures, 

20 and protocols that contribute to overrepresentation 

21 of racial and ethnic minorities in the court and child 

22 welfare system; and 

23 ‘‘(6) provide appropriate referrals to commu24 nity-based programs and resources, such as health 

25 and mental health services, shelter and housing as-
199

•HR 3402 IH 

1 sistance for adult, youth, and minor victims and 

2 their children, legal assistance and advocacy for 

3 adult, youth, and minor victims, assistance for par4 ents to help their children cope with the impact of 

5 exposure to domestic violence or dating violence and 

6 child maltreatment, appropriate intervention and 

7 treatment for adult perpetrators of domestic violence 

8 or dating violence whose children are the subjects of 

9 child protection cases, programs providing support 

10 and assistance to racial and ethnic populations, and 

11 other necessary supportive services. 

12 ‘‘(h) GRANTEE REQUIREMENTS.—

13 ‘‘(1) APPLICATIONS.—Under this section, an 

14 entity shall prepare and submit to the Attorney Gen15 eral an application at such time, in such manner, 

16 and containing such information as the Attorney 

17 General may require, consistent with the require18 ments described herein. The application shall—

19 ‘‘(A) ensure that communities impacted by 

20 these systems or organizations are adequately 

21 represented in the development of the applica22 tion, the programs and activities to be under23 taken, and that they have a significant role in 

24 evaluating the success of the project; 
200

•HR 3402 IH 

1 ‘‘(B) describe how the training and col2 laboration activities will enhance or ensure the 

3 safety and economic security of families where 

4 both child maltreatment and domestic violence 

5 or dating violence occurs by providing appro6 priate resources, protection, and support to the 

7 victimized parents of such children and to the 

8 children themselves; and 

9 ‘‘(C) outline methods and means partici10 pating entities will use to ensure that all serv11 ices are provided in a developmentally, linguis12 tically and culturally competent manner and 

13 will utilize community-based supports and re14 sources. 

15 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a 

16 grant under this section, an entity shall be a collabo17 ration that—

18 ‘‘(A) shall include a State or local child 

19 welfare agency or Indian Tribe; 

20 ‘‘(B) shall include a domestic violence or 

21 dating violence victim service provider; 

22 ‘‘(C) may include a court; 

23 ‘‘(D) may include a law enforcement agen24 cy, or Bureau of Indian Affairs providing tribal 

25 law enforcement; and 
201

•HR 3402 IH 

1 ‘‘(E) may include any other such agencies 

2 or private nonprofit organizations, including 

3 community-based organizations, with the capac4 ity to provide effective help to the adult, youth, 

5 and minor victims served by the collaboration. 

6 ‘‘(3) REPORTS.—Each entity receiving a grant 

7 under this section shall report to the Attorney Gen8 eral every 18 months, detailing how the funds have 

9 been used. 

10 ‘‘SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND 

11 TO TEENS. 

12 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

13 shall award grants to eligible entities to conduct programs 

14 to serve youth between the ages of 12 and 24 of domestic 

15 violence, dating violence, sexual assault, and stalking. 

16 Amounts appropriated under this section may only be used 

17 for programs and activities described under subsection (c). 

18 ‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive 

19 a grant under this section, an entity shall be—

20 ‘‘(1) a nonprofit, nongovernmental entity, the 

21 primary purpose of which is to provide services to 

22 victims of domestic violence, dating violence, sexual 

23 assault, or stalking; 

24 ‘‘(2) a religious or community-based organiza25 tion that specializes in working with youth victims of 
202

•HR 3402 IH 

1 domestic violence, dating violence, sexual assault, or 

2 stalking; 

3 ‘‘(3) an Indian Tribe or tribal organization pro4 viding services primarily to tribal youth or tribal vic5 tims of domestic violence, dating violence, sexual as6 sault or stalking; or 

7 ‘‘(4) a nonprofit, nongovernmental entity pro8 viding services for runaway or homeless youth. 

9 ‘‘(c) USE OF FUNDS.—

10 ‘‘(1) IN GENERAL.—An entity that receives a 

11 grant under this section shall use amounts provided 

12 under the grant to design or replicate, and imple13 ment, programs and services, using domestic vio14 lence, dating violence, sexual assault, and stalking 

15 intervention models to respond to the needs of youth 

16 who are victims of domestic violence, dating violence, 

17 sexual assault or stalking. 

18 ‘‘(2) TYPES OF PROGRAMS.—Such a program—

19 ‘‘(A) shall provide direct counseling and 

20 advocacy for teens and young adults, who have 

21 experienced domestic violence, dating violence, 

22 sexual assault or stalking; 

23 ‘‘(B) shall include linguistically, culturally, 

24 and community relevant services for racial and 

25 ethnic and other underserved populations or 
203

•HR 3402 IH 

1 linkages to existing services in the community 

2 tailored to the needs of racial and ethnic and 

3 other underserved populations; 

4 ‘‘(C) may include mental health services; 

5 ‘‘(D) may include legal advocacy efforts on 

6 behalf of minors and young adults with respect 

7 to domestic violence, dating violence, sexual as8 sault or stalking; 

9 ‘‘(E) may work with public officials and 

10 agencies to develop and implement policies, 

11 rules, and procedures in order to reduce or 

12 eliminate domestic violence, dating violence, 

13 sexual assault, and stalking against youth and 

14 young adults; and 

15 ‘‘(F) may use not more than 25 percent of 

16 the grant funds to provide additional services 

17 and resources for youth, including childcare, 

18 transportation, educational support, and respite 

19 care. 

20 ‘‘(d) AWARDS BASIS.—

21 ‘‘(1) GRANTS TO INDIAN TRIBES.—Not less 

22 than 10 percent of funds appropriated under this 

23 section in any year shall be available for grants to 

24 Indian Tribes or tribal organizations. 
204

•HR 3402 IH 

1 ‘‘(2) ADMINISTRATION.—The Attorney General 

2 shall not use more than 2.5 percent of funds appro3 priated under this section in any year for adminis4 tration, monitoring, and evaluation of grants made 

5 available under this section. 

6 ‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND

7 DATA COLLECTION.—Not less than 5 percent of 

8 funds appropriated under this section in any year 

9 shall be available to provide training, technical as10 sistance, and data collection for programs funded 

11 under this section. 

12 ‘‘(e) TERM.—The Attorney General shall make the 

13 grants under this section for a period of 3 fiscal years. 

14 ‘‘(f) REPORTS.—An entity receiving a grant under 

15 this section shall submit to the Attorney General every 18 

16 months a report of how grant funds have been used. 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to carry out this section, 

19 $15,000,000 for each of fiscal years 2006 through 2010.’’. 

20 SEC. 702. GRANTS TO COMBAT VIOLENT CRIMES ON CAM21 PUSES. 

22 (a) GRANTS AUTHORIZED.—

23 (1) IN GENERAL.—The Attorney General is au24 thorized to make grants to institutions of higher 

25 education, for use by such institutions or consortia 
205

•HR 3402 IH 

1 consisting of campus personnel, student organiza2 tions, campus administrators, security personnel, 

3 and regional crisis centers affiliated with the institu4 tion, to develop and strengthen effective security and 

5 investigation strategies to combat domestic violence, 

6 dating violence, sexual assault, and stalking on cam7 puses, and to develop and strengthen victim services 

8 in cases involving such crimes against women on 

9 campuses, which may include partnerships with local 

10 criminal justice authorities and community-based 

11 victim services agencies. 

12 (2) AWARD BASIS.—The Attorney General shall 

13 award grants and contracts under this section on a 

14 competitive basis for a period of 3 years. The Attor15 ney General, through the Director of the Office on 

16 Violence Against Women, shall award the grants in 

17 amounts of not more than $500,000 for individual 

18 institutions of higher education and not more than 

19 $1,000,000 for consortia of such institutions. 

20 (3) EQUITABLE PARTICIPATION.—The Attorney 

21 General shall make every effort to ensure—

22 (A) the equitable participation of private 

23 and public institutions of higher education in 

24 the activities assisted under this section; 
206

•HR 3402 IH 

1 (B) the equitable geographic distribution of 

2 grants under this section among the various re3 gions of the United States; and 

4 (C) the equitable distribution of grants 

5 under this section to tribal colleges and univer6 sities and traditionally black colleges and uni7 versities. 

8 (b) USE OF GRANT FUNDS.—Grant funds awarded 

9 under this section may be used for the following purposes: 

10 (1) To provide personnel, training, technical as11 sistance, data collection, and other equipment with 

12 respect to the increased apprehension, investigation, 

13 and adjudication of persons committing domestic vi14 olence, dating violence, sexual assault, and stalking 

15 on campus. 

16 (2) To train campus administrators, campus se17 curity personnel, and personnel serving on campus 

18 disciplinary or judicial boards to develop and imple19 ment campus policies, protocols, and services that 

20 more effectively identify and respond to the crimes 

21 domestic violence, dating violence, sexual assault, 

22 and stalking. Within 90 days after the date of enact23 ment of this Act, the Attorney General shall issue 

24 and make available minimum standards of training 

25 relating to domestic violence, dating violence, sexual 
207

•HR 3402 IH 

1 assault, and stalking on campus, for all campus se2 curity personnel and personnel serving on campus 

3 disciplinary or judicial boards. 

4 (3) To implement and operate education pro5 grams for the prevention of domestic violence, dating 

6 violence, sexual assault and stalking. 

7 (4) To develop, enlarge, or strengthen victim 

8 services programs on the campuses of the institu9 tions involved, including programs providing legal, 

10 medical, or psychological counseling, for victims of 

11 domestic violence, dating violence, sexual assault, 

12 and stalking, and to improve delivery of victim as13 sistance on campus. To the extent practicable, such 

14 an institution shall collaborate with any entities car15 rying out nonprofit and other victim services pro16 grams, including domestic violence, dating violence, 

17 sexual assault, and stalking victim services programs 

18 in the community in which the institution is located. 

19 If appropriate victim services programs are not 

20 available in the community or are not accessible to 

21 students, the institution shall, to the extent prac22 ticable, provide a victim services program on campus 

23 or create a victim services program in collaboration 

24 with a community-based organization. The institu25 tion shall use not less than 20 percent of the funds 
208

•HR 3402 IH 

1 made available through the grant for a victim serv2 ices program provided in accordance with this para3 graph. 

4 (5) To create, disseminate, or otherwise provide 

5 assistance and information about victims’ options on 

6 and off campus to bring disciplinary or other legal 

7 action, including assistance to victims in immigra8 tion matters. 

9 (6) To develop, install, or expand data collec10 tion and communication systems, including comput11 erized systems, linking campus security to the local 

12 law enforcement for the purpose of identifying and 

13 tracking arrests, protection orders, violations of pro14 tection orders, prosecutions, and convictions with re15 spect to the crimes of domestic violence, dating vio16 lence, sexual assault, and stalking on campus. 

17 (7) To provide capital improvements (including 

18 improved lighting and communications facilities but 

19 not including the construction of buildings) on cam20 puses to address the crimes of domestic violence, 

21 dating violence, sexual assault, and stalking. 

22 (8) To support improved coordination among 

23 campus administrators, campus security personnel, 

24 and local law enforcement to reduce domestic vio-
209

•HR 3402 IH 

1 lence, dating violence, sexual assault, and stalking 

2 on campus. 

3 (c) APPLICATIONS.—

4 (1) IN GENERAL.—In order to be eligible to be 

5 awarded a grant under this section for any fiscal 

6 year, an institution of higher education shall submit 

7 an application to the Attorney General at such time 

8 and in such manner as the Attorney General shall 

9 prescribe. 

10 (2) CONTENTS.—Each application submitted 

11 under paragraph (1) shall—

12 (A) describe the need for grant funds and 

13 the plan for implementation for any of the pur14 poses described in subsection (b); 

15 (B) include proof that the institution of 

16 higher education collaborated with any non17 profit, nongovernmental entities carrying out 

18 other victim services programs, including do19 mestic violence, dating violence, sexual assault, 

20 and stalking victim services programs in the 

21 community in which the institution is located; 

22 (C) describe the characteristics of the pop23 ulation being served, including type of campus, 

24 demographics of the population, and number of 

25 students; 
210

•HR 3402 IH 

1 (D) provide measurable goals and expected 

2 results from the use of the grant funds; 

3 (E) provide assurances that the Federal 

4 funds made available under this section shall be 

5 used to supplement and, to the extent practical, 

6 increase the level of funds that would, in the 

7 absence of Federal funds, be made available by 

8 the institution for the purposes described in 

9 subsection (b); and 

10 (F) include such other information and as11 surances as the Attorney General reasonably 

12 determines to be necessary. 

13 (3) COMPLIANCE WITH CAMPUS CRIME REPORT14 ING REQUIRED.—No institution of higher education 

15 shall be eligible for a grant under this section unless 

16 such institution is in compliance with the require17 ments of section 485(f) of the Higher Education Act 

18 of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of the 

19 total amount of grant funds appropriated under this 

20 section for fiscal years 2006 through 2010 may be 

21 used to provide technical assistance in complying 

22 with the mandatory reporting requirements of sec23 tion 485(f) of such Act. 

24 (d) GENERAL TERMS AND CONDITIONS.—
211

•HR 3402 IH 

1 (1) NONMONETARY ASSISTANCE.—In addition 

2 to the assistance provided under this section, the At3 torney General may request any Federal agency to 

4 use the agency’s authorities and the resources grant5 ed to the agency under Federal law (including per6 sonnel, equipment, supplies, facilities, and manage7 rial, technical, and advisory services) in support of 

8 campus security, and investigation and victim service 

9 efforts. 

10 (2) CONFIDENTIALITY.—

11 (A) NONDISCLOSURE OF CONFIDENTIAL

12 OR PRIVATE INFORMATION.—In order to ensure 

13 the safety of adult and minor victims of domes14 tic violence, dating violence, sexual assault, or 

15 stalking and their families, grantees and sub16 grantees under this section shall reasonably—

17 (i) protect the confidentiality and pri18 vacy of persons receiving services under 

19 the grants and subgrants; and 

20 (ii) not disclose and personally identi21 fying information, or individual client in22 formation, collected in connection with 

23 services requested, utilized, or denied 

24 through programs provided by such grant25 ees and subgrantees under this section. 
212

•HR 3402 IH 

1 (B) CONSENT.—A grantee or subgrantee 

2 under this section shall not reveal personally 

3 any identifying information or individual client 

4 information collected as described in subpara5 graph (A) without the informed, written, and 

6 reasonably time-limited consent of the person 

7 (or, in the case of an unemancipated minor, the 

8 minor and the parent or guardian of the minor) 

9 about whom information is sought, whether for 

10 the program carried out under this section or 

11 any other Federal, State, tribal, or territorial 

12 assistance program. 

13 (C) COMPELLED RELEASE AND NOTICE.—

14 If a grantee or subgrantee under this section is 

15 compelled by statutory or court mandate to dis16 close information described in subparagraph 

17 (A), the grantee or subgrantee—

18 (i) shall make reasonable attempts to 

19 provide notice to individuals affected by 

20 the disclosure of information; and 

21 (ii) shall take steps necessary to pro22 tect the privacy and safety of the indi23 vidual affected by the disclosure. 

24 (D) PERMISSIVE SHARING.—Grantees and 

25 subgrantees under this section may share with 
213

•HR 3402 IH 

1 each other, in order to comply with Federal, 

2 State, tribal, or territorial reporting, evaluation, 

3 or data collection requirements—

4 (i) aggregate data, that is not person5 ally identifying information, regarding 

6 services provided to their clients; and 

7 (ii) demographic information that is 

8 not personally identifying information. 

9 (E) COURT-GENERATED AND LAW EN10 FORCEMENT-GENERATED INFORMATION.—

11 Grantees and subgrantees under this section 

12 may share with each other—

13 (i) court-generated information con14 tained in secure, governmental registries 

15 for protection order enforcement purposes; 

16 and 

17 (ii) law enforcement-generated infor18 mation. 

19 (F) DEFINITION.—As used in this para20 graph, the term ‘‘personally identifying infor21 mation’’ means individually identifying informa22 tion from or about an individual, including—

23 (i) first and last name; 
214

•HR 3402 IH 

1 (ii) home or other physical address, 

2 including street name and name of city or 

3 town; 

4 (iii) email address or other online con5 tact information, such as an instant- mes6 saging user identifier or a screen name 

7 that reveals an individual’s email address; 

8 (iv) telephone number; 

9 (v) social security number; 

10 (vi) Internet Protocol (‘‘IP’’) address 

11 or host name that identifies an individual; 

12 (vii) persistent identifier, such as a 

13 customer number held in a ‘‘cookie’’ or 

14 processor serial number, that is combined 

15 with other available data that identities an 

16 individual; or 

17 (viii) information that, in combination 

18 with the information in any of the clauses 

19 (i) through (vii), would serve to identify 

20 any individual, including—

21 (I) grade point average; 

22 (II) date of birth; 

23 (III) academic or occupational in24 terests; 
215

•HR 3402 IH 

1 (IV) athletic or extracurricular 

2 interests; 

3 (V) racial or ethnic background; 

4 or 

5 (VI) religious affiliation. 

6 (3) GRANTEE REPORTING.—

7 (A) ANNUAL REPORT.—Each institution of 

8 higher education receiving a grant under this 

9 section shall submit a biennial performance re10 port to the Attorney General. The Attorney 

11 General shall suspend funding under this sec12 tion for an institution of higher education if the 

13 institution fails to submit such a report. 

14 (B) FINAL REPORT.—Upon completion of 

15 the grant period under this section, the institu16 tion shall file a performance report with the At17 torney General and the Secretary of Education 

18 explaining the activities carried out under this 

19 section together with an assessment of the ef20 fectiveness of those activities in achieving the 

21 purposes described in subsection (b). 

22 (4) REPORT TO CONGRESS.—Not later than 

23 180 days after the end of the fiscal year for which 

24 grants are awarded under this section, the Attorney 
216

•HR 3402 IH 

1 General shall submit to Congress a report that in2 cludes—

3 (A) the number of grants, and the amount 

4 of funds, distributed under this section; 

5 (B) a summary of the purposes for which 

6 the grants were provided and an evaluation of 

7 the progress made under the grant; 

8 (C) a statistical summary of the persons 

9 served, detailing the nature of victimization, 

10 and providing data on age, sex, race, ethnicity, 

11 language, disability, relationship to offender, ge12 ographic distribution, and type of campus; and 

13 (D) an evaluation of the effectiveness of 

14 programs funded under this part. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—For the 

16 purpose of carrying out this section, there are authorized 

17 to be appropriated $15,000,000 for each of fiscal years 

18 2006 through 2010. 

19 SEC. 703. SAFE HAVENS. 

20 Section 1301 of the Victims of Trafficking and Vio21 lence Protection Act of 2000 (42 U.S.C. 10420) is amend22 ed—

23 (1) by striking the section heading and insert24 ing the following: 
217

•HR 3402 IH 

1 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’; 

2 (2) in subsection (a)—

3 (A) by inserting ‘‘, through the Director of 

4 the Office on Violence Against Women,’’ after 

5 ‘‘Attorney General’’; 

6 (B) by inserting ‘‘public or nonprofit non7 governmental entities, and to’’ after ‘‘may 

8 award grants to’’; 

9 (C) by inserting ‘‘dating violence,’’ after 

10 ‘‘domestic violence,’’; 

11 (D) by striking ‘‘to provide’’ and inserting 

12 the following: 

13 ‘‘(1) to provide’’; 

14 (E) by striking the period at the end and 

15 inserting a semicolon; and 

16 (F) by adding at the end the following: 

17 ‘‘(2) to protect children from the trauma of wit18 nessing domestic or dating violence or experiencing 

19 abduction, injury, or death during parent and child 

20 visitation exchanges; 

21 ‘‘(3) to protect parents or caretakers who are 

22 victims of domestic and dating violence from experi23 encing further violence, abuse, and threats during 

24 child visitation exchanges; and 

25 ‘‘(4) to protect children from the trauma of ex26 periencing sexual assault or other forms of physical 
218

•HR 3402 IH 

1 assault or abuse during parent and child visitation 

2 and visitation exchanges.’’; and 

3 (3) by striking subsection (e) and inserting the 

4 following: 

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

6 ‘‘(1) IN GENERAL.—There is authorized to be 

7 appropriated to carry out this section, $20,000,000 

8 for each of fiscal years 2006 through 2010. Funds 

9 appropriated under this section shall remain avail10 able until expended. 

11 ‘‘(2) USE OF FUNDS.—Of the amounts appro12 priated to carry out this section for each fiscal year, 

13 the Attorney General shall—

14 ‘‘(A) set aside not less than 5 percent for 

15 grants to Indian tribal governments or tribal 

16 organizations; 

17 ‘‘(B) use not more than 3 percent for eval18 uation, monitoring, site visits, grantee con19 ferences, and other administrative costs associ20 ated with conducting activities under this sec21 tion; and 

22 ‘‘(C) set aside not more than 8 percent for 

23 training, technical assistance, and data collec24 tion to be provided by organizations having na25 tionally recognized expertise in the design of 
219

•HR 3402 IH 

1 safe and secure supervised visitation programs 

2 and visitation exchange of children in situations 

3 involving domestic violence, dating violence, sex4 ual assault, or stalking.’’. 

5 SEC. 704. GRANTS TO COMBAT DOMESTIC VIOLENCE, DAT6 ING VIOLENCE, SEXUAL ASSAULT, AND 

7 STALKING IN MIDDLE AND HIGH SCHOOLS. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Supporting Teens through Education and Protection Act 

10 of 2005’’ or the ‘‘STEP Act’’. 

11 (b) GRANTS AUTHORIZED.—The Attorney General, 

12 through the Director of the Office on Violence Against 

13 Women, is authorized to award grants to middle schools 

14 and high schools that work with domestic violence and sex15 ual assault experts to enable the schools—

16 (1) to provide training to school administrators, 

17 faculty, counselors, coaches, healthcare providers, se18 curity personnel, and other staff on the needs and 

19 concerns of students who experience domestic vio20 lence, dating violence, sexual assault, or stalking, 

21 and the impact of such violence on students; 

22 (2) to develop and implement policies in middle 

23 and high schools regarding appropriate, safe re24 sponses to, and identification and referral proce25 dures for, students who are experiencing or perpe-
220

•HR 3402 IH 

1 trating domestic violence, dating violence, sexual as2 sault, or stalking, including procedures for handling 

3 the requirements of court protective orders issued to 

4 or against students or school personnel, in a manner 

5 that ensures the safety of the victim and holds the 

6 perpetrator accountable; 

7 (3) to provide support services for students and 

8 school personnel, such as a resource person who is 

9 either on-site or on-call, and who is an expert de10 scribed in subsections (i)(2) and (i)(3), for the pur11 pose of developing and strengthening effective pre12 vention and intervention strategies for students and 

13 school personnel experiencing domestic violence, dat14 ing violence, sexual assault or stalking; 

15 (4) to provide developmentally appropriate edu16 cational programming to students regarding domes17 tic violence, dating violence, sexual assault, and 

18 stalking, and the impact of experiencing domestic vi19 olence, dating violence, sexual assault, and stalking 

20 on children and youth by adapting existing curricula 

21 activities to the relevant student population; 

22 (5) to work with existing mentoring programs 

23 and develop strong mentoring programs for stu24 dents, including student athletes, to help them un25 derstand and recognize violence and violent behavior, 
221

•HR 3402 IH 

1 how to prevent it and how to appropriately address 

2 their feelings; and 

3 (6) to conduct evaluations to assess the impact 

4 of programs and policies assisted under this section 

5 in order to enhance the development of the pro6 grams. 

7 (c) AWARD BASIS.—The Director shall award grants 

8 and contracts under this section on a competitive basis. 

9 (d) POLICY DISSEMINATION.—The Director shall dis10 seminate to middle and high schools any existing Depart11 ment of Justice, Department of Health and Human Serv12 ices, and Department of Education policy guidance and 

13 curricula regarding the prevention of domestic violence, 

14 dating violence, sexual assault, and stalking, and the im15 pact of the violence on children and youth. 

16 (e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

17 INFORMATION.—In order to ensure the safety of adult, 

18 youth, and minor victims of domestic violence, dating vio19 lence, sexual assault, or stalking and their families, grant20 ees and subgrantees shall protect the confidentiality and 

21 privacy of persons receiving services. Grantees and sub22 grantees pursuant to this section shall not disclose any 

23 personally identifying information or individual informa24 tion collected in connection with services requested, uti25 lized, or denied through grantees’ and subgrantees’ pro-
222

•HR 3402 IH 

1 grams. Grantees and subgrantees shall not reveal indi2 vidual client information without the informed, written, 

3 reasonably time-limited consent of the person (or in the 

4 case of unemancipated minor, the minor and the parent 

5 or guardian) about whom information is sought, whether 

6 for this program or any other Tribal, Federal, State or 

7 Territorial grant program. If release of such information 

8 is compelled by statutory or court mandate, grantees and 

9 subgrantees shall make reasonable attempts to provide no10 tice to victims affected by the disclosure of information. 

11 If such personally identifying information is or will be re12 vealed, grantees and subgrantees shall take steps nec13 essary to protect the privacy and safety of the persons af14 fected by the release of the information. Grantees may 

15 share non-personally identifying data in the aggregate re16 garding services to their clients and non-personally identi17 fying demographic information in order to comply with 

18 Tribal, Federal, State or Territorial reporting, evaluation, 

19 or data collection requirements. Grantees and subgrantees 

20 may share court-generated information contained in se21 cure, governmental registries for protection order enforce22 ment purposes. 

23 (f) GRANT TERM AND ALLOCATION.—

24 (1) TERM.—The Director shall make the grants 

25 under this section for a period of 3 fiscal years. 
223

•HR 3402 IH 

1 (2) ALLOCATION.—Not more than 15 percent 

2 of the funds available to a grantee in a given year 

3 shall be used for the purposes described in sub4 section (b)(4)(D), (b),(5), and (b)(6). 

5 (g) DISTRIBUTION.—

6 (1) IN GENERAL.—Not less than 5 percent of 

7 funds appropriated under subsection (l) in any year 

8 shall be available for grants to tribal schools, schools 

9 on tribal lands or schools whose student population 

10 is more than 25 percent native American. 

11 (2) ADMINISTRATION.—The Director shall not 

12 use more than 5 percent of funds appropriated 

13 under subsection (l) in any year for administration, 

14 monitoring and evaluation of grants made available 

15 under this section. 

16 (3) TRAINING, TECHNICAL ASSISTANCE, AND

17 DATA COLLECTION.—Not less than 5 percent of 

18 funds appropriated under subsection (l) in any year 

19 shall be available to provide training, technical as20 sistance, and data collection for programs funded 

21 under this section. 

22 (h) APPLICATION.—To be eligible to be awarded a 

23 grant or contract under this section for any fiscal year, 

24 a middle or secondary school, in consultation with an ex25 pert as described in subsections (i)(2) and (i)(3), shall 
224

•HR 3402 IH 

1 submit an application to the Director at such time and 

2 in such manner as the Director shall prescribe. 

3 (i) ELIGIBLE ENTITIES.—To be eligible to receive a 

4 grant under this section, an entity shall be a partnership 

5 that—

6 (1) shall include a public, charter, tribal, or na7 tionally accredited private middle or high school, a 

8 school administered by the Department of Defense 

9 under 10 U.S.C. 2164 or 20 U.S.C. 921, a group of 

10 schools, or a school district; 

11 (2) shall include a domestic violence victim 

12 service provider that has a history of working on do13 mestic violence and the impact that domestic vio14 lence and dating violence have on children and 

15 youth; 

16 (3) shall include a sexual assault victim service 

17 provider, such as a rape crisis center, program serv18 ing tribal victims of sexual assault, or coalition or 

19 other nonprofit nongovernmental organization car20 rying out a community-based sexual assault pro21 gram, that has a history of effective work concerning 

22 sexual assault and the impact that sexual assault 

23 has on children and youth; and 

24 (4) may include a law enforcement agency, the 

25 State, Tribal, Territorial or local court, nonprofit 
225

•HR 3402 IH 

1 nongovernmental organizations and service providers 

2 addressing sexual harassment, bullying or gang-re3 lated violence in schools, and any other such agen4 cies or nonprofit nongovernmental organizations 

5 with the capacity to provide effective assistance to 

6 the adult, youth, and minor victims served by the 

7 partnership. 

8 (j) PRIORITY.—In awarding grants under this sec9 tion, the Director shall give priority to entities that have 

10 submitted applications in partnership with relevant courts 

11 or law enforcement agencies. 

12 (k) REPORTING AND DISSEMINATION OF INFORMA13 TION.—

14 (1) REPORTING.—Each of the entities that are 

15 members of the applicant partnership described in 

16 subsection (i), that receive a grant under this section 

17 shall jointly prepare and submit to the Director 

18 every 18 months a report detailing the activities that 

19 the entities have undertaken under the grant and 

20 such additional information as the Director shall re21 quire. 

22 (2) DISSEMINATION OF INFORMATION.—Within 

23 9 months of the completion of the first full grant 

24 cycle, the Director shall publicly disseminate, includ25 ing through electronic means, model policies and 
226

•HR 3402 IH 

1 procedures developed and implemented in middle 

2 and high schools by the grantees, including informa3 tion on the impact the policies have had on their re4 spective schools and communities. 

5 (l) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—There is authorized to be 

7 appropriated to carry out this section, $5,000,000 

8 for each of fiscal years 2006 through 2010. 

9 (2) AVAILABILITY.—Funds appropriated under 

10 paragraph (1) shall remain available until expended. 

11 TITLE VIII—STRENGTHENING 

12 AMERICA’S FAMILIES BY PRE13 VENTING VIOLENCE IN THE 

14 HOME 

15 SEC. 801. PREVENTING VIOLENCE IN THE HOME. 

16 The Violence Against Women Act of 1994 is amended 

17 by adding after subtitle L (as added by section 701) the 

18 following: 

19 ‘‘Subtitle M—Strengthening Amer20 ica’s Families by Preventing Vi21 olence in the Home 

22 ‘‘SEC. 41301. PURPOSE. 

23 ‘‘The purpose of this subtitle is to—
227

•HR 3402 IH 

1 ‘‘(1) prevent crimes involving domestic violence, 

2 dating violence, sexual assault, and stalking, includ3 ing when committed against children and youth; 

4 ‘‘(2) increase the resources and services avail5 able to prevent domestic violence, dating violence, 

6 sexual assault, and stalking, including when com7 mitted against children and youth; 

8 ‘‘(3) reduce the impact of exposure to violence 

9 in the lives of children and youth so that the 

10 intergenerational cycle of violence is interrupted; 

11 ‘‘(4) develop and implement education and serv12 ices programs to prevent children in vulnerable fami13 lies from becoming victims or perpetrators of domes14 tic violence, dating violence, sexual assault, or stalk15 ing; 

16 ‘‘(5) promote programs to ensure that children 

17 and youth receive the assistance they need to end 

18 the cycle of violence and develop mutually respectful, 

19 nonviolent relationships; and 

20 ‘‘(6) encourage collaboration among community21 based organizations and governmental agencies serv22 ing children and youth, providers of health and men23 tal health services and providers of domestic vio24 lence, dating violence, sexual assault, and stalking 

25 victim services to prevent violence. 
228

•HR 3402 IH 

1 ‘‘SEC. 41302. GRANTS TO ASSIST CHILDREN AND YOUTH EX2 POSED TO VIOLENCE. 

3 ‘‘(a) GRANTS AUTHORIZED.—

4 ‘‘(1) IN GENERAL.—The Attorney General, act5 ing through the Director of the Office on Violence 

6 Against Women, and in consultation with the Sec7 retary of Health and Human Services, is authorized 

8 to award grants on a competitive basis to eligible en9 tities for the purpose of mitigating the effects of do10 mestic violence, dating violence, sexual assault, and 

11 stalking on children exposed to such violence, and 

12 reducing the risk of future victimization or perpetra13 tion of domestic violence, dating violence, sexual as14 sault, and stalking. 

15 ‘‘(2) TERM.—The Director shall make grants 

16 under this section for a period of 3 fiscal years. 

17 ‘‘(3) AWARD BASIS.—The Director shall award 

18 grants—

19 ‘‘(A) considering the needs of racial and 

20 ethnic and other underserved populations, as 

21 defined in section 2000B of the Omnibus Crime 

22 Control and Safe Streets Act of 1968; 

23 ‘‘(B) awarding not less than 10 percent of 

24 such amounts for the funding of tribal projects 

25 from the amounts made available under this 

26 section for a fiscal year; 
229

•HR 3402 IH 

1 ‘‘(C) awarding up to 8 percent for the 

2 funding of training, technical assistance, and 

3 data collection programs from the amounts 

4 made available under this section for a fiscal 

5 year; and 

6 ‘‘(D) awarding not less than 66 percent to 

7 programs described in subsection (c)(1) from 

8 the amounts made available under this section 

9 for a fiscal year. 

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to carry out this section 

12 $20,000,000 for each of fiscal years 2006 through 2010. 

13 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

14 this section shall be used for—

15 ‘‘(1) programs that provide services for children 

16 exposed to domestic violence, dating violence, sexual 

17 assault, or stalking, which may include direct coun18 seling, advocacy, or mentoring, and must include 

19 support for the nonabusing parent or the child’s 

20 caretaker; 

21 ‘‘(2) training and coordination for programs 

22 that serve children and youth (such as Head Start, 

23 child care, and after-school programs) on how to 

24 safely and confidentially identify children and fami25 lies experiencing domestic violence and properly refer 
230

•HR 3402 IH 

1 them to programs that can provide direct services to 

2 the family and children, and coordination with other 

3 domestic violence or other programs serving children 

4 exposed to domestic violence, dating violence, sexual 

5 assault, or stalking that can provide the training 

6 and direct services referenced in this subsection; or 

7 ‘‘(3) advocacy within the systems that serve 

8 children to improve the system’s understanding of 

9 and response to children who have been exposed to 

10 domestic violence and the needs of the nonabusing 

11 parent. 

12 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

13 a grant under this section, an entity shall be—

14 ‘‘(1) a victim service provider, tribal nonprofit 

15 organization or community-based organization that 

16 has a documented history of effective work con17 cerning children or youth exposed to domestic vio18 lence, dating violence, sexual assault, or stalking, in19 cluding programs that provide culturally specific 

20 services, Head Start, child care, after school pro21 grams, and health and mental health providers; or 

22 ‘‘(2) a State, territorial, or tribal, or local unit 

23 of government agency that is partnered with an or24 ganization described in paragraph (1). 
231

•HR 3402 IH 

1 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

2 an entity shall—

3 ‘‘(1) prepare and submit to the Director an ap4 plication at such time, in such manner, and con5 taining such information as the Director may re6 quire; and 

7 ‘‘(2) at a minimum, describe in the application 

8 the policies and procedures that the entity has or 

9 will adopt to—

10 ‘‘(A) enhance or ensure the safety and se11 curity of children who have been exposed to vio12 lence and their nonabusing parent, enhance or 

13 ensure the safety and security of children and 

14 their nonabusing parent in homes already expe15 riencing domestic violence, dating violence, sex16 ual assault, or stalking; and 

17 ‘‘(B) ensure linguistically, culturally, and 

18 community relevant services for racial and eth19 nic and other underserved populations. 

20 ‘‘(f) REPORTS.—An entity receiving a grant under 

21 this section shall prepare and submit to the Director every 

22 18 months a report detailing the activities undertaken 

23 with grant funds, providing additional information as the 

24 Director shall require. 
232

•HR 3402 IH 

1 ‘‘SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, 

2 AND YOUTH TO PREVENT DOMESTIC VIO3 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

4 AND STALKING. 

5 ‘‘(a) GRANTS AUTHORIZED.—

6 ‘‘(1) IN GENERAL.—The Attorney General, act7 ing through the Director of the Office on Violence 

8 Against Women, and in collaboration with the Sec9 retary of Health and Human Services, shall award 

10 grants on a competitive basis to eligible entities for 

11 the purpose of developing or enhancing programs re12 lated to building alliances among men, women, and 

13 youth to prevent domestic violence, dating violence, 

14 sexual assault, and stalking by helping them to de15 velop mutually respectful, nonviolent relationships. 

16 ‘‘(2) TERM.—The Director shall make grants 

17 under this section for a period of 3 fiscal years. 

18 ‘‘(3) AWARD BASIS.—The Director shall award 

19 grants—

20 ‘‘(A) considering the needs of racial and 

21 ethnic and other underserved populations (as 

22 defined in section 2000B of the Omnibus Crime 

23 Control and Safe Streets Act of 1968); 

24 ‘‘(B) with respect to gender-specific pro25 grams described under subsection (c)(1)(A), en-
233

•HR 3402 IH 

1 suring reasonable distribution of funds to pro2 grams for boys and programs for girls; 

3 ‘‘(C) awarding not less than 10 percent of 

4 such amounts for the funding of tribal projects 

5 from the amounts made available under this 

6 section for a fiscal year; and 

7 ‘‘(D) awarding up to 8 percent for the 

8 funding of training, technical assistance, and 

9 data collection for grantees and non-grantees 

10 working in this area and evaluation programs 

11 from the amounts made available under this 

12 section for a fiscal year. 

13 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

14 is authorized to be appropriated to carry out this section 

15 $10,000,000 for each of fiscal years 2006 through 2010. 

16 ‘‘(c) USE OF FUNDS.—

17 ‘‘(1) PROGRAMS.—The funds appropriated 

18 under this section shall be used by eligible entities 

19 for—

20 ‘‘(A) public education and community 

21 based programs, including gender-specific pro22 grams in accordance with applicable laws—

23 ‘‘(i) to encourage children and youth 

24 to pursue only mutually respectful, non25 violent relationships and empower them to 
234

•HR 3402 IH 

1 reduce their risk of becoming victims or 

2 perpetrators of domestic violence, dating 

3 violence, sexual assault, or stalking; and 

4 ‘‘(ii) that include at a minimum—

5 ‘‘(I) information on domestic vio6 lence, dating violence, sexual assault, 

7 stalking, or child sexual abuse and 

8 how they affect children and youth; 

9 and 

10 ‘‘(II) strategies to help partici11 pants be as safe as possible; or 

12 ‘‘(B) public education campaigns and com13 munity organizing to encourage men and boys 

14 to work as allies with women and girls to pre15 vent domestic violence, dating violence, stalking, 

16 and sexual assault conducted by entities that 

17 have experience in conducting public education 

18 campaigns that address domestic violence, dat19 ing violence, sexual assault, or stalking. 

20 ‘‘(2) MEDIA LIMITS.—No more than 25 percent 

21 of funds received by a grantee under this section 

22 may be used to create and distribute media mate23 rials. 

24 ‘‘(d) ELIGIBLE ENTITIES.—
235

•HR 3402 IH 

1 ‘‘(1) RELATIONSHIPS.—Eligible entities under 

2 subsection (c)(1)(A) are—

3 ‘‘(A) nonprofit, nongovernmental domestic 

4 violence, dating violence, sexual assault, or 

5 stalking victim service providers or coalitions; 

6 ‘‘(B) community-based child or youth serv7 ices organizations with demonstrated experience 

8 and expertise in addressing the needs and con9 cerns of young people; 

10 ‘‘(C) a State, territorial, tribal, or unit of 

11 local governmental entity that is partnered with 

12 an organization described in subparagraph (A) 

13 or (B); or 

14 ‘‘(D) a program that provides culturally 

15 specific services. 

16 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities 

17 under subsection (c)(1)(B) are—

18 ‘‘(A) nonprofit, nongovernmental organiza19 tions or coalitions that have a documented his20 tory of creating and administering effective 

21 public education campaigns addressing the pre22 vention of domestic violence, dating violence, 

23 sexual assault or stalking; or 
236

•HR 3402 IH 

1 ‘‘(B) a State, territorial, tribal, or unit of 

2 local governmental entity that is partnered with 

3 an organization described in subparagraph (A). 

4 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

5 an entity shall—

6 ‘‘(1) prepare and submit to the Director an ap7 plication at such time, in such manner, and con8 taining such information as the Director may re9 quire; and 

10 ‘‘(2) for a grant under subsection (c)(1)(A), de11 scribe in the application the policies and procedures 

12 that the entity has or will adopt to—

13 ‘‘(A) enhance or ensure the safety and se14 curity of children and youth already experi15 encing domestic violence, dating violence, sexual 

16 assault, or stalking in their lives; 

17 ‘‘(B) provide, where appropriate, linguis18 tically, culturally, and community relevant serv19 ices for racial and ethnic and other underserved 

20 populations; 

21 ‘‘(C) inform participants about laws, serv22 ices, and resources in the community, and make 

23 referrals as appropriate; and 

24 ‘‘(D) ensure that State and local domestic 

25 violence, dating violence, sexual assault, and 
237

•HR 3402 IH 

1 stalking victim service providers and coalitions 

2 are aware of the efforts of organizations receiv3 ing grants under this section. 

4 ‘‘(f) REPORTS.—An entity receiving a grant under 

5 this section shall prepare and submit to the Director every 

6 18 months a report detailing the activities undertaken 

7 with grant funds, including an evaluation of funded pro8 grams and providing additional information as the Direc9 tor shall require. 

10 ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT 

11 PROGRAMS FOR HOME VISITATION 

12 PROJECTS. 

13 ‘‘(a) GRANTS AUTHORIZED.—

14 ‘‘(1) IN GENERAL.—The Attorney General, act15 ing through the Director of the Office on Violence 

16 Against Women, shall award grants on a competitive 

17 basis to home visitation programs, in collaboration 

18 with law enforcement, victim service providers, for 

19 the purposes of developing and implementing model 

20 policies and procedures to train home visitation serv21 ice providers on addressing domestic violence, dating 

22 violence, sexual assault, and stalking in families ex23 periencing violence, or at risk of violence, to reduce 

24 the impact of that violence on children, maintain 
238

•HR 3402 IH 

1 safety, improve parenting skills, and break 

2 intergenerational cycles of violence. 

3 ‘‘(2) TERM.—The Director shall make the 

4 grants under this section for a period of 2 fiscal 

5 years. 

6 ‘‘(3) AWARD BASIS.—The Director shall—

7 ‘‘(A) consider the needs of underserved 

8 populations; 

9 ‘‘(B) award not less than 7 percent of such 

10 amounts for the funding of tribal projects from 

11 the amounts made available under this section 

12 for a fiscal year; and 

13 ‘‘(C) award up to 8 percent for the funding 

14 of technical assistance programs from the 

15 amounts made available under this section for 

16 a fiscal year. 

17 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to carry out this section 

19 $5,000,000 for each of fiscal years 2006 through 2010. 

20 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

21 a grant under this section, an entity shall be a national, 

22 Federal, State, local, territorial, or tribal—

23 ‘‘(1) home visitation program that provides 

24 services to pregnant women and to young children 

25 and their parent or primary caregiver that are pro-
239

•HR 3402 IH 

1 vided in the permanent or temporary residence or in 

2 other familiar surroundings of the individual or fam3 ily receiving such services; or 

4 ‘‘(2) victim services organization or agency in 

5 collaboration with an organization or organizations 

6 listed in paragraph (1). 

7 ‘‘(d) GRANTEE REQUIREMENTS.—Under this section, 

8 an entity shall—

9 ‘‘(1) prepare and submit to the Director an ap10 plication at such time, in such manner, and con11 taining such information as the Director may re12 quire; and 

13 ‘‘(2) describe in the application the policies and 

14 procedures that the entity has or will adopt to—

15 ‘‘(A) enhance or ensure the safety and se16 curity of children and their nonabusing parent 

17 in homes already experiencing domestic vio18 lence, dating violence, sexual assault, or stalk19 ing; 

20 ‘‘(B) ensure linguistically, culturally, and 

21 community relevant services for racial ethnic 

22 and other underserved communities; 

23 ‘‘(C) ensure the adequate training by do24 mestic violence, dating violence, sexual assault 
240

•HR 3402 IH 

1 or stalking victim service providers of home visi2 tation grantee program staff to—

3 ‘‘(i) safely screen for or recognize (or 

4 both) domestic violence, dating violence, 

5 sexual assault, and stalking; 

6 ‘‘(ii) understand the impact of domes7 tic violence or sexual assault on children 

8 and protective actions taken by a non9 abusing parent or caretaker in response to 

10 violence against anyone in the household; 

11 and 

12 ‘‘(iii) link new parents with existing 

13 community resources in communities where 

14 resources exist; and 

15 ‘‘(D) ensure that relevant State and local 

16 domestic violence, dating violence, sexual as17 sault, and stalking victim service providers and 

18 coalitions are aware of the efforts of organiza19 tions receiving grants under this section, and 

20 are included as training partners, where pos21 sible.’’. 
241

•HR 3402 IH 

1 TITLE IX—PROTECTION FOR IM2 MIGRANT VICTIMS OF VIO3 LENCE 

4 SECTION 900. SHORT TITLE OF TITLE; REFERENCES TO 

5 VAWA–2000; REGULATIONS. 

6 (a) SHORT TITLE OF TITLE.—This title may be cited 

7 as ‘‘Immigrant Victims of Violence Protection Act of 

8 2005’’. 

9 (b) REFERENCES TO VAWA–2000.—In this title, the 

10 term ‘‘VAWA–2000’’ means the Violence Against Women 

11 Act of 2000 (division B of Public Law 106–386). 

12 (c) REGULATIONS.— Not later than 180 days after 

13 the date of the enactment of this Act, the Attorney Gen14 eral, the Secretary of Homeland Security, and Secretary 

15 of State shall promulgate regulations to implement the 

16 provisions contained in the Battered Immigrant Women 

17 Protection Act of 2000 (title V of VAWA–2000) and the 

18 amendments made by (and the provisions of) this title. 

19 In applying such regulations, in the case of petitions or 

20 applications filed on or before the effective date of publica21 tion of such regulations for relief covered by such regula22 tions, there shall be no requirement to submit an addi23 tional petition or application and any priority or similar 

24 date with respect to such a petition or application shall 
242

•HR 3402 IH 

1 relate back to the date of the filing of the petition or appli2 cation. 

3 Subtitle A—Victims of Crime 

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

5 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC6 TIMS OF TRAFFICKING.—Clause (ii) of section 

7 101(a)(15)(T) of the Immigration and Nationality Act (8 

8 U.S.C. 1101(a)(15)(T)) is amended to read as follows: 

9 ‘‘(ii) if accompanying, or following to join, 

10 the alien described in clause (i)—

11 ‘‘(I) in the case of an alien so de12 scribed who is under 21 years of age, the 

13 spouse, children, unmarried siblings under 

14 18 years of age on the date on which such 

15 alien applied for status under such clause, 

16 and parents of such alien; or 

17 ‘‘(II) in the case of an alien described 

18 in clause (i) who is 21 years of age or 

19 older, the spouse and children of such 

20 alien;’’. 

21 (b) DURATION OF U AND T VISAS.—

22 (1) U VISAS.—Section 214(p) of such Act (8 

23 U.S.C. 1184(p)) is amended by adding at the end 

24 the following new paragraph: 
243

•HR 3402 IH 

1 ‘‘(6) DURATION OF STATUS.—The authorized 

2 period of status of an alien as a nonimmigrant 

3 under section 101(a)(15)(U) shall be 4 years, but 

4 shall be extended—

5 ‘‘(A) on a year-by-year basis upon certifi6 cation from a Federal, State or local law en7 forcement official, prosecutor, judge, or other 

8 Federal, State or local authority investigating 

9 or prosecuting criminal activity described in 

10 section 101(a)(15)(U)(iii) that the alien’s con11 tinued presence in the United States is required 

12 to assist in the investigation or prosecution of 

13 such criminal activity; and 

14 ‘‘(B) if the alien files an application for ad15 justment of status under section 245(m), until 

16 final adjudication of such application.’’. 

17 (2) T VISAS.—Section 214(o) of such Act (8 

18 U.S.C. 1184(o)), as redesignated by section 8(a)(3) 

19 of the Trafficking Victims Protection Reauthoriza20 tion Act of 2003 (Public Law 108–193), is amended 

21 by adding at the end the following: 

22 ‘‘(7) The authorized period of status of an alien as 

23 a nonimmigrant status under section 101(a)(15)(T) shall 

24 be 4 years, but shall be extended—
244

•HR 3402 IH 

1 ‘‘(A) on a year-by-year basis upon certification 

2 from a Federal, State or local law enforcement offi3 cial, prosecutor, judge, or other Federal, State or 

4 local authority investigating or prosecuting criminal 

5 activity relating to human trafficking that the alien’s 

6 continued presence in the United States is required 

7 to assist in the investigation or prosecution of such 

8 criminal activity; and 

9 ‘‘(B) if the alien files an application for adjust10 ment of status under section 245(l), until final adju11 dication of such application.’’. 

12 (c) PERMITTING CHANGE OF NONIMMIGRANT STA13 TUS TO U AND T NONIMMIGRANT STATUS.—

14 (1) IN GENERAL.—Section 248 of such Act (8 

15 U.S.C. 1258) is amended—

16 (A) by striking ‘‘The Attorney General’’ 

17 and inserting ‘‘(a) The Secretary of Homeland 

18 Security’’; 

19 (B) by inserting ‘‘(subject to subsection 

20 (b))’’ after ‘‘except’’; and 

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

22 subsection: 

23 ‘‘(b) The limitation based on inadmissibility under 

24 section 212(a)(9)(B) and the exceptions specified in num25 bered paragraphs of subsection (a) shall not apply to a 
245

•HR 3402 IH 

1 change of nonimmigrant classification to that of a non2 immigrant under subparagraph (T) or (U) of section 

3 101(a)(15), other than from such classification under sub4 paragraph (C) or (D) of such section.’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 

7 amended by striking ‘‘248(2)’’ and inserting 

8 ‘‘248(a)(2)’’. 

9 (d) CERTIFICATION PROCESS FOR VICTIMS OF TRAF10 FICKING.—

11 (1) VICTIM ASSISTANCE IN INVESTIGATION OR

12 PROSECUTION.—Section 107(b)(1)(E) of the Traf13 ficking Victims Protection Act of 2000 (division A of 

14 Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) is 

15 amended—

16 (A) in clause (i)(I), by striking ‘‘investiga17 tion and prosecution’’ and inserting ‘‘investiga18 tion or prosecution, by the United States or a 

19 State or local government’’; and 

20 (B) in clause (iii)—

21 (i) by striking ‘‘INVESTIGATION AND

22 PROSECUTION’’ and ‘‘investigation and 

23 prosecution’’ and inserting ‘‘INVESTIGA24 TION OR PROSECUTION’’ and ‘‘investigation 

25 or prosecution’’, respectively; 
246

•HR 3402 IH 

1 (ii) in subclause (II), by striking 

2 ‘‘and’’ at the end; 

3 (iii) in subclause (III), by striking the 

4 period and inserting ‘‘; or’’; and 

5 (iv) by adding at the end the following 

6 new subclause: 

7 ‘‘(IV) responding to and cooper8 ating with requests for evidence and 

9 information.’’. 

10 (2) CLARIFYING ROLES OF ATTORNEY GENERAL

11 AND SECRETARY OF HOMELAND SECURITY.—

12 (A) Section 107 of the Trafficking Victims 

13 Protection Act of 2000 (division A of Public 

14 Law 106–386; 22 U.S.C. 7105) is amended—

15 (i) in subsections (b)(1)(E)(i)(II)(bb), 

16 (b)(1)(E)(ii), (e)(5), and (g), by striking 

17 ‘‘Attorney General’’ and inserting ‘‘Sec18 retary of Homeland Security’’; and 

19 (ii) in subsection (c), by inserting ‘‘, 

20 Secretary of Homeland Security,’’ after 

21 ‘‘Attorney General’’. 

22 (B) Section 101(a)(15)(T) of the Immigra23 tion and Nationality Act (8 U.S.C. 

24 1101(a)(15)(T)) is amended by striking ‘‘Attor-
247

•HR 3402 IH 

1 ney General’’ and inserting ‘‘Secretary of 

2 Homeland Security’’ each place it appears. 

3 (C) Section 212(d)(13) of the Immigration 

4 and Nationality Act (8 U.S.C. 1182(d)(13)) is 

5 amended—

6 (i) in subparagraph (A), by striking 

7 ‘‘Attorney General’’ and inserting ‘‘Sec8 retary of Homeland Security’’; 

9 (ii) in subparagraph (B), by striking 

10 ‘‘Attorney General’’ the first place it ap11 pears and inserting ‘‘Secretary of Home12 land Security’’; and 

13 (iii) in subparagraph (B), by striking 

14 ‘‘Attorney General, in the Attorney Gen15 eral’s discretion’’ and inserting ‘‘Secretary, 

16 in the Secretary’s discretion’’. 

17 (D) Section 101(i) of the Immigration and 

18 Nationality Act (8 U.S.C. 1101(i)) is amend19 ed—

20 (i) in paragraph (1), by striking ‘‘At21 torney General’’ and inserting ‘‘Secretary 

22 of Homeland Security, the Attorney Gen23 eral,’’; and 
248

•HR 3402 IH 

1 (ii) in paragraph (2), by striking ‘‘At2 torney General’’ and inserting ‘‘Secretary 

3 of Homeland Security’’. 

4 (E) Section 245(l) of the Immigration and 

5 Nationality Act (8 U.S.C. 1255(l)) is amend6 ed—

7 (i) by striking ‘‘Attorney General’’ 

8 and inserting ‘‘Secretary of Homeland Se9 curity’’ the first place it appears in para10 graphs (1) and (2) and in paragraph (4); 

11 (ii) by striking ‘‘Attorney General’’ 

12 and inserting ‘‘Secretary ’’ the second 

13 place it appears in paragraphs (1) and (2); 

14 and 

15 (iii) in paragraph (2), by striking ‘‘At16 torney General’s’’ and inserting ‘‘Sec17 retary’s’’. 

18 (3) REQUEST BY STATE AND LOCAL LAW EN19 FORCEMENT OFFICIALS.—Section 107(c)(3) of the 

20 Trafficking Victims Protection Act of 2000 (division 

21 A of Public Law 106–386; 22 U.S.C. 7105(c)(3)) is 

22 amended by adding at the end the following: ‘‘State 

23 or local law enforcement officials may request such 

24 Federal law enforcement officials for the continued 

25 presence of trafficking victims. If such a request 
249

•HR 3402 IH 

1 contains a certification that a trafficking victim is a 

2 victim of a severe form of trafficking, such Federal 

3 law enforcement officials may permit the continued 

4 presence of the trafficking victim in accordance with 

5 this paragraph.’’. 

6 (e) EFFECTIVE DATES.—

7 (1) IN GENERAL.—The amendments made by 

8 subsections (a), (b)(1), (c), and (d)(3) shall take ef9 fect on the date of the enactment of this Act. 

10 (2) TRANSITION FOR DURATION OF T VISAS.—

11 In the case of an alien who is classified as a non12 immigrant under section 101(a)(15)(T) of the Immi13 gration and Nationality Act (8 U.S.C. 

14 1101(a)(15)(T)) before the the date of implementa15 tion of the amendment made by subsection (b)(2) 

16 and whose period of authorized stay was less than 

17 4 years, the authorized period of status of the alien 

18 as such a nonimmigrant shall be extended to be 4 

19 years and shall be further extended on a year-by20 year basis as provided in section 214(o)(7) of such 

21 Act, as added by such amendment. 

22 (3) CERTIFICATION PROCESS.—(A) The amend23 ments made by subsection (d)(1) shall be effective as 

24 if included in the enactment of VAWA–2000. 
250

•HR 3402 IH 

1 (B) The amendments made by subsection (d)(2) 

2 shall be effective as of the applicable date of transfer 

3 of authority from the Attorney General to the Sec4 retary of Homeland Security under the Homeland 

5 Security Act of 2002 (Public Law 107–296). 

6 SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER 

7 HARDSHIP WAIVERS FOR CONDITIONAL PER8 MANENT RESIDENCE. 

9 (a) IN GENERAL.—Section 216(c)(4) of the Immigra10 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend11 ed by adding at the end the following: ‘‘An application 

12 for relief under this paragraph may be based on one or 

13 more grounds specified in subparagraphs (A) through (D) 

14 and may be amended at any time to change the ground 

15 or grounds for such relief without the application being 

16 resubmitted.’’. 

17 (b) APPEALS.—Such section is further amended by 

18 adding at the end the following: ‘‘Such an application may 

19 not be considered if there is a final removal order in effect 

20 with respect to the alien.’’

21 (c) CONFORMING AMENDMENT.—Section 

22 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 

23 is amended by inserting before the period at the end the 

24 following: ‘‘or qualifies for a waiver under section 

25 216(c)(4)’’. 
251

•HR 3402 IH 

1 (d) EFFECTIVE DATES.—

2 (1) The amendment made by subsection (a) 

3 shall apply to applications for relief pending or filed 

4 on or after April 10, 2003. 

5 (2) The amendment made by subsection (b) 

6 shall apply to applications for relief filed on or after 

7 the date of the enactment of this Act. 

8 SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF9 FICKING. 

10 (a) REDUCTION IN REQUIRED PERIOD OF PRESENCE

11 AUTHORIZED.—

12 (1) IN GENERAL.—Section 245(l) of the Immi13 gration and Nationality Act (8 U.S.C. 1255(l)) is 

14 amended—

15 (A) in paragraph (1)(A), by inserting 

16 ‘‘subject to paragraph (6),’’ after ‘‘(A)’’; 

17 (B) in paragraph (1)(A), by inserting after 

18 ‘‘since’’ the following: ‘‘the earlier of (i) the 

19 date the alien was granted continued presence 

20 under section 107(c)(3) of the Trafficking Vic21 tims Protection Act of 2000, or (ii)’’; and 

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

23 paragraph: 

24 ‘‘(6) The Secretary of Homeland Security may waive 

25 or reduce the period of physical presence required under 
252

•HR 3402 IH 

1 paragraph (1)(A) for an alien’s adjustment of status 

2 under this subsection if a Federal, State, or local law en3 forcement official investigating or prosecuting trafficking 

4 described in section 101(a)(15)(T)(i) in relation to the 

5 alien or the alien’s spouse, child, parent, or sibling certifies 

6 that the official has no objection to such waiver or reduc7 tion.’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 107(c) of the Trafficking Victims Protection Act of 

10 2000 (division A of Public Law 106–386; 22 U.S.C. 

11 7105(c)) is amended by adding at the end the fol12 lowing new paragraph: 

13 ‘‘(5) CERTIFICATION OF NO OBJECTION FOR

14 WAIVER OR REDUCTION OF PERIOD OF REQUIRED

15 PHYSICAL PRESENCE FOR ADJUSTMENT OF STA16 TUS.—In order for an alien to have the required pe17 riod of physical presence under paragraph (1)(A) of 

18 section 245(l) of the Immigration and Nationality 

19 Act waived or reduced under paragraph (6) of such 

20 section, a Federal, State, and local law enforcement 

21 official investigating or prosecuting trafficking de22 scribed in section 101(a)(15)(T)(i) in relation to the 

23 alien or the alien’s spouse, child, parent, or sibling 

24 may provide for a certification of having no objection 

25 to such waiver or reduction.’’. 
253

•HR 3402 IH 

1 (b) TREATMENT OF GOOD MORAL CHARACTER .—

2 Section 245(l) of the Immigration and Nationality Act (8 

3 U.S.C. 1255(l)), as amended by subsection (a)(1), is 

4 amended—

5 (1) in paragraph (1)(B), by inserting ‘‘subject 

6 to paragraph (7),’’ after ‘‘(B)’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(7) For purposes of paragraph (1)(B), the Secretary 

10 of Homeland Security, in the Secretary’s sole unreviewable 

11 discretion, may waive consideration of a disqualification 

12 from good moral character described in section 101(f) with 

13 respect to an alien if there is a connection between the 

14 disqualification and the trafficking with respect to the 

15 alien described in section 101(a)(15)(T)(i).’’. 

16 (c) ANNUAL REPORT ON TRAINING OF LAW EN17 FORCEMENT.—

18 (1) IN GENERAL.—Section 107(g) of the Traf19 ficking Victims Protection Act of 2000 (division A of 

20 Public Law 106–386; 22 U.S.C. 7105(g)) is amend21 ed by adding at the end the following: ‘‘Each such 

22 report shall also include statistics regarding the 

23 number of law enforcement officials who have been 

24 trained in the identification and protection of traf25 ficking victims and certification for assistance as 
254

•HR 3402 IH 

1 nonimmigrants under section 101(a)(15)(T) of such 

2 Act.’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall apply to annual reports be5 ginning with the report for fiscal year 2006. 

6 Subtitle B—VAWA Petitioners 

7 SEC. 911. DEFINITION OF VAWA PETITIONER. 

8 (a) IN GENERAL.—Section 101(a) of the Immigra9 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 

10 by adding at the end the following new paragraph: 

11 ‘‘(51) The term ‘VAWA petitioner’ means an alien 

12 whose application or petition for classification or relief 

13 under any of the following provisions (whether as a prin14 cipal or as a derivative) has been filed and has not been 

15 denied after exhaustion of administrative appeals: 

16 ‘‘(A) Clause (iii), (iv), or (vii) of section 

17 204(a)(1)(A). 

18 ‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 

19 ‘‘(C) Subparagraph (C) or (D) of section 

20 216(c)(4). 

21 ‘‘(D) The first section of Public Law 89–732 

22 (commonly known as the Cuban Adjustment Act) as 

23 a child or spouse who has been battered or subjected 

24 to extreme cruelty. 
255

•HR 3402 IH 

1 ‘‘(E) Section 902(d)(1)(B) of the Haitian Ref2 ugee Immigration Fairness Act of 1998 (division A 

3 of section 101(h) of Public Law 105–277). 

4 ‘‘(F) Section 202(d)(1) of the Nicaraguan Ad5 justment and Central American Relief Act (8 U.S.C. 

6 1255 note; Public Law 105–100). 

7 ‘‘(G) Section 309(c)(5) of the Illegal Immigra8 tion Reform and Immigrant Responsibility Act of 

9 1996 (division C of Public Law 104–208; 8 U.S.C. 

10 1101 note).’’. 

11 (b) CONFORMING AMENDMENTS.—

12 (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 

13 U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking 

14 ‘‘qualifies for immigrant status under subparagraph 

15 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

16 204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’. 

17 (2) Section 212(a)(9)(C)(ii) of such Act (8 

18 U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to 

19 whom the Attorney General has granted classifica20 tion under clause (iii), (iv), or (v) of section 

21 204(a)(1)(A), or classification under clause (ii), (iii), 

22 or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

23 VAWA petitioner’’. 

24 (3) Subsections (h)(1)(C) and (g)(1)(C) of sec25 tion 212 (8 U.S.C. 1182) is amended by striking 
256

•HR 3402 IH 

1 ‘‘qualifies for classification under clause (iii) or (iv) 

2 of section 204(a)(1)(A) or classification under clause 

3 (ii) or (iii) of section 204(a)(1)(B)’’ and inserting 

4 ‘‘is a VAWA petitioner’’. 

5 (4) Section 212(i)(1) of such Act (8 U.S.C. 

6 1182(i)(1)) is amended by striking ‘‘an alien granted 

7 classification under clause (iii) or (iv) of section 

8 201(a)(1)(A) or clause (ii) or (iii) of section 

9 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 

10 (5) Section 237(a)(1)(H)(ii) of such Act (8 

11 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 

12 an alien who qualifies for classification under clause 

13 (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 

14 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

15 VAWA petitioner’’. 

16 (6) Section 240A(b)(4)(B) of such Act (8 

17 U.S.C. 1229b(b)(4)(B)) is amended by striking 

18 ‘‘they were applications filed under section 204(a)(1) 

19 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of such Act’’ and 

20 inserting ‘‘the applicants were VAWA petitioners’’. 

21 (7) Section 245(a) of such Act (8 U.S.C. 

22 1255(a)) is amended by striking ‘‘under subpara23 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

24 204(a)(1) or’’ and inserting ‘‘as a VAWA peti25 tioner’’. 
257

•HR 3402 IH 

1 (8) Section 245(c) of such Act (8 U.S.C. 

2 1255(c)) is amended by striking ‘‘under subpara3 graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), 

4 (B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert5 ing ‘‘as a VAWA petitioner’’. 

6 (9) For additional conforming amendments to 

7 sections 212(a)(4)(C)(i) and 240(c)(7)(C)(iv)(I) of 

8 the Immigration and Nationality Act, see sections 

9 832(b)(2) and 817(a) of this Act. 

10 SEC. 912. SELF-PETITIONING FOR CHILDREN. 

11 (a) SELF-PETITIONING BY CHILDREN OF PARENT12 ABUSERS UPON DEATH OR OTHER TERMINATION OF

13 PARENT-CHILD RELATIONSHIP.—

14 (1) CITIZEN PARENTS.—Section 

15 204(a)(1)(A)(iv) of the Immigration and Nationality 

16 Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended—

17 (A) by striking ‘‘or who’’ and inserting 

18 ‘‘who’’; and 

19 (B) by inserting after ‘‘domestic violence,’’ 

20 the following: ‘‘or who was a child of a United 

21 States citizen parent who within the past 2 

22 years (or, if later, two years after the date the 

23 child attains 18 years of age) died or otherwise 

24 terminated the parent-child relationship (as de25 fined under section 101(b)),’’. 
258

•HR 3402 IH 

1 (2) LAWFUL PERMANENT RESIDENT PAR2 ENTS.—

3 (A) IN GENERAL.—Section 

4 204(a)(1)(B)(iii) of such Act (8 U.S.C. 

5 1154(a)(1)(B)(iii)) is amended—

6 (i) by striking ‘‘or who’’ and inserting 

7 ‘‘who’’; and 

8 (ii) by inserting after ‘‘domestic vio9 lence,’’ the following: ‘‘or who was a child 

10 of a lawful permanent resident resident 

11 who within the past 2 years (or, if later, 

12 two years after the date the child attains 

13 18 years of age) died or otherwise termi14 nated the parent-child relationship (as de15 fined under section 101(b)),’’. 

16 (B) CONFORMING TREATMENT OF DE17 CEASED SPOUSES.—Section 

18 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 

19 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is 

20 amended—

21 (i) by redesignating subitems (aaa) 

22 and (bbb) as subitems (bbb) and (ccc), re23 spectively; and 

24 (ii) by inserting before subitem (bbb), 

25 as so redesignated, the following: 
259

•HR 3402 IH 

1 ‘‘(aaa) whose spouse died within the past 

2 2 years;’’. 

3 (3) EFFECTIVE DATES.—

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the amendment made by paragraphs 

6 (1) and (2) shall take effect on the date of the 

7 enactment of this Act. 

8 (B) TRANSITION IN CASE OF CITIZEN PAR9 ENTS WHO DIED BEFORE ENACTMENT.—In ap10 plying the amendments made by paragraphs (1) 

11 and (2)(A) in the case of an alien whose citizen 

12 parent or lawful permanent resident parent died 

13 or whose parent-child relationship with such 

14 parent terminated during the period beginning 

15 on October 28, 1998, and ending on the date 

16 of the enactment of this Act, the following rules 

17 apply: 

18 (i) The reference to ‘‘within the past 

19 2 years’’ in section 204(a)(1)(A)(iv) or 

20 204(a)(1)(B)(iii), respectively, of the Im21 migration and Nationality Act in the mat22 ter inserted by such paragraph is deemed 

23 to be a reference to such period. 

24 (ii) The petition must be filed under 

25 such section within 2 years after the date 
260

•HR 3402 IH 

1 of the enactment of this Act (or, if later, 

2 2 years after the alien’s 18th birthday). 

3 (iii) The determination of eligibility 

4 for benefits as a child under such section 

5 (including under section 204(a)(1)(D) of 

6 the Immigration and Nationality Act by 

7 reason of a petition authorized under such 

8 section) shall be determined as of the date 

9 of the death of the citizen parent or lawful 

10 permanent resident parent or the termi11 nation of the parent-child relationship. 

12 (b) PROTECTING VICTIMS OF CHILD ABUSE FROM

13 AGING OUT.—

14 (1) CLARIFICATION REGARDING CONTINUATION

15 OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF

16 CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi17 gration and Nationality Act (8 U.S.C. 

18 1154(a)(1)(D)(i)(I)) is amended—

19 (A) by striking ‘‘clause (iv) of section 

20 204(a)(1)(A)’’ and inserting ‘‘subparagraph 

21 (A)(iv)’’; and 

22 (B) by striking ‘‘a petitioner for preference 

23 status under paragraph (1), (2), or (3) of sec24 tion 203(a), whichever paragraph is applicable’’ 

25 and inserting ‘‘to continue to be treated as an 
261

•HR 3402 IH 

1 immediate relative under section 

2 201(b)(2)(A)(i), or a petitioner for preference 

3 status under section 203(a)(3) if subsequently 

4 married,’’. 

5 (2) CLARIFICATION REGARDING APPLICATION

6 TO CHILDREN OF LAWFUL PERMANENT RESI7 DENTS.—Section 204(a)(1)(D) of such Act (8 

8 U.S.C. 1154(a)(1)(D)) is amended——

9 (A) in clause (i)(I)—

10 (i) by inserting after the first sentence 

11 the following new sentence: ‘‘Any child who 

12 attains 21 years of age who has filed a pe13 tition under subparagraph (B)(iii) that was 

14 filed or approved before the date on which 

15 the child attained 21 year of age shall be 

16 considered (if the child has not been ad17 mitted or approved for lawful permanent 

18 residence by the date the child attained 21 

19 years of age) a petitioner for preference 

20 status under section 203(a)(2)(A), with the 

21 same priority date assigned to the self-peti22 tion filed under such subparagraph.’’; and 

23 (ii) in the last sentence, by inserting 

24 ‘‘in either such case’’ after ‘‘shall be re25 quired to be filed’’; 
262

•HR 3402 IH 

1 (B) in clause (i)(III), by striking ‘‘para2 graph (1), (2), or (3) of section 203(a)’’ and in3 serting ‘‘section 203(a)(2)(A)’’; and 

4 (C) in clause (ii), by striking ‘‘(A)(iii), 

5 (A)(iv),’’. 

6 (3) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall apply to applications filed 

8 before, on, or after the date of the enactment of 

9 VAWA–2000. 

10 (c) CLARIFICATION OF NO SEPARATE ADJUSTMENT

11 APPLICATION FOR DERIVATIVE CHILDREN.—

12 (1) IN GENERAL.—Section 245(a) of the Immi13 gration and Nationality Act (8 U.S.C. 1255(a)) is 

14 amended by adding at the end the following: ‘‘In the 

15 case of a petition under clause (ii), (iii), or (iv) of 

16 section 204(a)(1)(A) that includes an individual as 

17 a derivative child of a principal alien, no adjustment 

18 application other than the adjustment application of 

19 the principal alien shall be required for adjustment 

20 of status of the individual under this subsection or 

21 subsection (c).’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall take effect on the date of the 

24 enactment of this Act and shall apply to applications 

25 filed before, on, or after such date. 
263

•HR 3402 IH 

1 (d) LATE PETITION PERMITTED FOR ADULTS

2 ABUSED AS CHILDREN.—

3 (1) IN GENERAL.—Section 204(a)(1)(D) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1154(a)(1)(D)), as amended by subsection (b)(1), is 

6 amended by adding at the end the following new 

7 clause: 

8 ‘‘(v) In the case of an alien who qualified to petition 

9 under subparagraph (A)(iv) or (B)(iii) as of the date the 

10 individual attained 21 years of age, the alien may file a 

11 petition under such respective subparagraph notwith12 standing that the alien has attained such age or been mar13 ried so long as the petition is filed before the date the 

14 individual attains 25 years of age. In the case of such a 

15 petition, the alien shall remain eligible for adjustment of 

16 status as a child notwithstanding that the alien has at17 tained 21 years of age or has married, or both.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall take effect on the date of the 

20 enactment of this Act and shall apply to individuals 

21 who attain 21 years of age on or after the date of 

22 the enactment of VAWA–2000. 
264

•HR 3402 IH 

1 SEC. 913. SELF-PETITIONING PARENTS. 

2 (a) IN GENERAL.—Section 204(a)(1)(A) of the Im3 migration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) 

4 is amended by adding at the end the following new clause: 

5 ‘‘(vii) An alien who—

6 ‘‘(I) is the parent of a citizen of the United 

7 States or was a parent of a citizen of the United 

8 States who within the past 2 years lost or renounced 

9 citizenship status related to battering or extreme 

10 cruelty by the United States citizen son or daughter 

11 or who within the past two years died; 

12 ‘‘(II) is a person of good moral character; 

13 ‘‘(III) is eligible to be classified as an imme14 diate relative under section 201(b)(2)(A)(i); and 

15 ‘‘(IV) resides, or has resided in the past, with 

16 the citizen daughter or son; 

17 may file a petition with the Secretary of Homeland Secu18 rity under this subparagraph for classification of the alien 

19 under such section if the alien demonstrates that the alien 

20 has been battered by or has been the subject of extreme 

21 cruelty perpetrated by the alien’s citizen son or daugh22 ter.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall take effect on the date of the enact25 ment of this Act. 
265

•HR 3402 IH 

1 SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICA2 TIONS. 

3 (a) IN GENERAL.—Section 204(a)(1) of the Immi4 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 

5 amended—

6 (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 

7 by striking ‘‘an incident of domestic violence’’ and 

8 inserting ‘‘battering or extreme cruelty by the 

9 United States citizen spouse’’; 

10 (2) in subparagraph (A)(iv), by striking ‘‘an in11 cident of domestic violence’’ and inserting ‘‘battering 

12 or extreme cruelty by such parent’’; 

13 (3) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 

14 by striking ‘‘due to an incident of domestic violence’’ 

15 and inserting ‘‘related to battering or extreme cru16 elty by the lawful permanent resident spouse’’; and 

17 (4) in subparagraph (B)(iii), by striking ‘‘due 

18 to an incident of domestic violence’’ and inserting 

19 ‘‘related to battering or extreme cruelty by such par20 ent’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect as if included in the enact23 ment of VAWA–2000. 
266

•HR 3402 IH 

1 SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING AC2 TIONS ON PETITIONS AND APPLICATIONS 

3 FOR RELIEF. 

4 (a) RELIEF.—

5 (1) LIMITATION ON REMOVAL OR DEPORTA6 TION.—Section 237 of the Immigration and Nation7 ality Act (8 U.S.C. 1227) is amended by adding at 

8 the end the following new subsection: 

9 ‘‘(d)(1) In the case of an alien in the United States 

10 for whom a petition as a VAWA petitioner has been filed, 

11 if the petition sets forth a prima facie case for approval, 

12 the Secretary of Homeland Security, in the Secretary’s 

13 sole unreviewable discretion, may grant the alien deferred 

14 action until the petition is approved or the petition is de15 nied after exhaustion of administrative appeals. In the 

16 case of the approval of such petition, such deferred action 

17 may be extended until a final determination is made on 

18 an application for adjustment of status. 

19 ‘‘(2) In the case of an alien in the United States for 

20 whom an application for nonimmigrant status (whether as 

21 a principal or derivative child) under subparagraph (T) 

22 or (U) of section 101(a)(15) has been filed, if the applica23 tion sets forth a prima facie case for approval, the Sec24 retary of Homeland Security, in the Secretary’s sole 

25 unreviewable discretion, may grant the alien deferred ac-
267

•HR 3402 IH 

1 tion until the application is approved or the application 

2 is denied after exhaustion of administrative appeals. 

3 ‘‘(3) During a period in which an alien is provided 

4 deferred action under this subsection, the alien shall not 

5 be removed or deported. ’’. 

6 (2) LIMITATION ON DETENTION.—Section 236 

7 of such Act (8 U.S.C. 1226) is amended by adding 

8 at the end the following new subsection: 

9 ‘‘(f) LIMITATION ON DETENTION OF CERTAIN VIC10 TIMS OF VIOLENCE.—(1) An alien for whom a petition 

11 as a VAWA petitioner has been approved or for whom an 

12 application for nonimmigrant status (whether as a prin13 cipal or derivative child) under subparagraph (T) or (U) 

14 of section 101(a)(15) has been approved, subject to para15 graph (2), the alien shall not be detained if the only basis 

16 for detention is a ground for which—

17 ‘‘(A) a waiver is provided under section 212(h), 

18 212(d)(13), 212(d)(14), 237(a)(7), or 

19 237(a)(2)(a)(V); or 

20 ‘‘(B) there is an exception under section 

21 204(a)(1)(C). 

22 ‘‘(2) Paragraph (1) shall not apply in the case of de23 tention that is required under subsection (c) or section 

24 236A.’’. 

25 (3) EMPLOYMENT AUTHORIZATION.—
268

•HR 3402 IH 

1 (A) FOR VAWA PETITIONERS.—Section 

2 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 

3 amended by adding at the end the following 

4 new subparagraph: 

5 ‘‘(K) In the case of an alien for whom a petition as 

6 a VAWA petitioner is approved, the alien is eligible for 

7 work authorization and shall be provided an ‘employment 

8 authorized’ endorsement or other appropriate work per9 mit.’’. 

10 (B) FOR ALIENS WITH APPROVED T

11 VISAS.—Section 214(o) of such Act (8 U.S.C. 

12 1184(o)) is amended by adding at the end the 

13 following new paragraph: 

14 ‘‘(7) In the case of an alien for whom an application 

15 for nonimmigrant status (whether as a principal or deriva16 tive) under section 101(a)(15)(T) has been approved, the 

17 alien is eligible for work authorization and shall be pro18 vided an ‘employment authorized’ endorsement or other 

19 appropriate work permit.’’. 

20 (4) PROCESSING OF APPLICATIONS.—Section 

21 204(a)(1) of the Immigration and Nationality Act (8 

22 U.S.C. 1154(a)(1)) is amended by adding at the end 

23 the following new subparagraph: 
269

•HR 3402 IH 

1 ‘‘(K) A petition as a VAWA petitioner shall be proc2 essed without regard to whether a proceeding to remove 

3 or deport such alien is brought or pending.’’. 

4 (5) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall take effect on the date of the 

6 enactment of this Act and shall apply to petitions 

7 and applications filed before, on, or after such date. 

8 (b) APPLICANTS FOR CANCELLATION OF REMOVAL

9 OR SUSPENSION OF DEPORTATION.—

10 (1) IN GENERAL.—Section 240A(b)(2) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1229b(b)(2)) is amended by adding at the end the 

13 following new subparagraph: 

14 ‘‘(E) RELIEF WHILE APPLICATION PEND15 ING.—In the case of an alien who has applied 

16 for relief under this paragraph and whose appli17 cation sets forth a prima facie case for such re18 lief or who has filed an application for relief 

19 under section 244(a)(3) (as in effect on March 

20 31, 1997) that sets forth a prima facie case for 

21 such relief—

22 ‘‘(i) the alien shall not be removed or 

23 deported until the application has been ap24 proved or, in the case it is denied, until all 
270

•HR 3402 IH 

1 opportunities for appeal of the denial have 

2 been exhausted; and 

3 ‘‘(ii) such an application shall be proc4 essed without regard to whether a pro5 ceeding to remove or deport such alien is 

6 brought or pending.’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall take effect on the date of the 

9 enactment of this Act and shall apply to applications 

10 filed before, on, or after such date. 

11 SEC. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF 

12 MANNER OF ENTRY. 

13 (a) FIANCEES.—

14 (1) SELF-PETITIONING.—Section 

15 204(a)(1)(A)(iii) of the Immigration and Nationality 

16 Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended—

17 (A) in subclause (I)(bb), by inserting after 

18 ‘‘during the marriage’’ the following: ‘‘or rela19 tionship intended by the alien to be legally a 

20 marriage or to conclude in a valid marriage’’; 

21 (B) in subclause (II)(aa)—

22 (i) by striking ‘‘or’’ at the end of 

23 subitem (BB); 

24 (ii) by inserting ‘‘or’’ at the end of 

25 subitem (CC); and 
271

•HR 3402 IH 

1 (iii) by adding at the end the fol2 lowing new subitem: 

3 ‘‘(DD) who entered the 

4 United States as an alien 

5 described in section 

6 101(a)(15)(K) with the in7 tent to enter into a valid 

8 marriage and the alien (or 

9 child of the alien) was bat10 tered or subject to extreme 

11 cruelty in the United States 

12 by the United States citizen 

13 who filed the petition to ac14 cord status under such sec15 tion;’’; 

16 (C) in subclause (II)(cc), by striking ‘‘or 

17 who’’ and inserting ‘‘, who’’ and by inserting 

18 before the semicolon at the end the following: ‘‘, 

19 or who is described in subitem (aa)(DD)’’; and 

20 (D) in subclause (II)(dd), by inserting ‘‘or 

21 who is described in subitem (aa)(DD)’’ before 

22 the period at the end. 

23 (2) EXCEPTION FROM REQUIREMENT TO DE24 PART.—Section 214(d) of such Act (8 U.S.C. 

25 1184(d)) is amended by inserting before the period 
272

•HR 3402 IH 

1 at the end the following: ‘‘unless the alien (and the 

2 child of the alien) entered the United States as an 

3 alien described in section 101(a)(15)(K) with the in4 tent to enter into a valid marriage and the alien or 

5 child was battered or subject to extreme cruelty in 

6 the United States by the United States citizen who 

7 filed the petition to accord status under such sec8 tion’’. 

9 (3) EFFECTIVE DATE.—The amendments made 

10 by this subsection shall take effect on the date of the 

11 enactment of this Act and shall apply to aliens ad12 mitted before, on, or after such date. 

13 (b) SPOUSES WHO ARE CONDITIONAL PERMANENT

14 RESIDENTS.—

15 (1) IN GENERAL.—Section 245(d) of the Immi16 gration and Nationality Act (8 U.S.C. 1255(d)) is 

17 amended—

18 (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

19 (B) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) Paragraph (1) shall not apply to an alien who 

22 seeks adjustment of status on the basis of an approved 

23 petition for classification as a VAWA petitioner.’’. 
273

•HR 3402 IH 

1 (2) CONFORMING APPLICATION IN CANCELLA2 TION OF REMOVAL.—Section 240A(b)(2)(A)(i) of 

3 such Act (8 U.S.C. 1229b(b)(2)(A)(i)) is amended—

4 (A) by striking ‘‘or’’ at the end of sub5 clause (II); 

6 (B) by adding ‘‘or’’ at the end of subclause 

7 (III); and 

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

9 subclause: 

10 ‘‘(IV) the alien entered the United 

11 States as an alien described in section 

12 101(a)(15)(K) with the intent to enter into 

13 a valid marriage and the alien (or the child 

14 of the alien who is described in such sec15 tion) was battered or subject to extreme 

16 cruelty in the United States by the United 

17 States citizen who filed the petition to ac18 cord status under such section;’’. 

19 (3) EXCEPTION TO RESTRICTION ON ADJUST20 MENT OF STATUS.—The second sentence of section 

21 245(d) of such Act (8 U.S.C. 1255(d)) is amended 

22 by inserting ‘‘who is not described in section 

23 204(a)(1)(A)(iii)(II)(aa)(DD)’’ after ‘‘alien described 

24 in section 101(a)(15)(K)’’. 
274

•HR 3402 IH 

1 (4) APPLICATION UNDER SUSPENSION OF DE2 PORTATION.—Section 244(a)(3) of such Act (as in 

3 effect on March 31, 1997) shall be applied (as if in 

4 effect on such date) as if the phrase ‘‘is described 

5 in section 240A(b)(2)(A)(i)(IV) or’’ were inserted 

6 before ‘‘has been battered’’ the first place it appears. 

7 (5) EFFECTIVE DATE.—The amendments made 

8 by this subsection, and the provisions of paragraph 

9 (4), shall take effect on the date of the enactment 

10 of this Act and shall apply to applications for adjust11 ment of status, for cancellation of removal, or for 

12 suspension of deportation filed before, on, or after 

13 such date. 

14 (c) INFORMATION ON CERTAIN CONVICTIONS AND

15 LIMITATION ON PETITIONS FOR K NONIMMIGRANT PETI16 TIONERS.—Section 214(d) of the Immigration and Na17 tionality Act (8 U.S.C. 1184(d)) is amended—

18 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

19 (2) by inserting after the second sentence the 

20 following: ‘‘Such information shall include informa21 tion on any criminal convictions of the petitioner for 

22 domestic violence, sexual assault, or child abuse.’’; 

23 and 

24 (3) by adding at the end the following: 
275

•HR 3402 IH 

1 ‘‘(2)(A) Subject to subparagraph (B), a consular offi2 cer may not approve a petition under paragraph (1) unless 

3 the officer has verified that—

4 ‘‘(i) the petitioner has not, previous to the 

5 pending petition, petitioned under paragraph (1) 

6 with respect to more than 2 applying aliens; and 

7 ‘‘(ii) if the petitioner has had such a petition 

8 previously approved, 2 years have elapsed since the 

9 filing of such previously approved petition. 

10 ‘‘(B) The Attorney General may, in the discretion of 

11 the Attorney General, waive the limitation in subpara12 graph (A), if justification exists for such a waiver. 

13 ‘‘(3) For purposes of this subsection—

14 ‘‘(A) the term ‘child abuse’ means a felony or 

15 misdemeanor crime, as defined by Federal or State 

16 law, committed by an offender who is a stranger to 

17 the victim, or committed by an offender who is 

18 known by, or related by blood or marriage to, the 

19 victim, against a victim who has not attained the 

20 lesser of—

21 ‘‘(i) 18 years of age; or 

22 ‘‘(ii) except in the case of sexual abuse, the 

23 age specified by the child protection law of the 

24 State in which the child resides; 
276

•HR 3402 IH 

1 ‘‘(B) the terms ‘domestic violence’ and ‘sexual 

2 assault’ have the meaning given such terms in sec3 tion 2003 of title I of the Omnibus Crime Control 

4 and Safe Streets Act of 1968 (42 U.S.C. 3796gg5 2).’’. 

6 (d) SPOUSES AND CHILDREN OF ASYLUM APPLI7 CANTS UNDER ADJUSTMENT PROVISIONS.—

8 (1) IN GENERAL.—Section 209(b)(3) of the Im9 migration and Nationality Act (8 U.S.C. 1159(b)(3)) 

10 is amended—

11 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(B) was the spouse of a refugee within the 

14 meaning of section 101(a)(42)(A) at the time the 

15 asylum application was granted and who was bat16 tered or was the subject of extreme cruelty per17 petrated by such refugee or whose child was battered 

18 or subjected to extreme cruelty by such refugee 

19 (without the active participation of such spouse in 

20 the battery or cruelty), or 

21 ‘‘(C) was the child of a refugee within the 

22 meaning of section 101(a)(42)(A) at the time of the 

23 filing of the asylum application and who was bat24 tered or was the subject of extreme cruelty per25 petrated by such refugee,’’. 
277

•HR 3402 IH 

1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall take effect on the date of the 

3 enactment of this Act and—

4 (A) section 209(b)(3)(B) of the Immigra5 tion and Nationality Act, as added by para6 graph (1)(B), shall apply to spouses of refugees 

7 for whom an asylum application is granted be8 fore, on, or after such date; and 

9 (B) section 209(b)(3)(C) of such Act, as so 

10 added, shall apply with respect to the child of 

11 a refugee for whom an asylum application is 

12 filed before, on, or after such date. 

13 (e) VISA WAIVER ENTRANTS.—

14 (1) IN GENERAL.—Section 217(b)(2) of such 

15 Act (8 U.S.C. 1187(b)(2)) is amended by inserting 

16 after ‘‘asylum,’’ the following: ‘‘as a VAWA peti17 tioner, or for relief under subparagraph (T) or (U) 

18 of section 101(a)(15), under section 240A(b)(2), or 

19 under section 244(a)(3) (as in effect on March 31, 

20 1997),’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the date of the 

23 enactment of this Act and shall apply to waivers 

24 provided under section 217(b)(2) of the Immigration 
278

•HR 3402 IH 

1 and Nationality Act before, on, or after such date as 

2 if it had been included in such waivers. 

3 (f) EXCEPTION FROM FOREIGN RESIDENCE RE4 QUIREMENT FOR EDUCATIONAL VISITORS.—

5 (1) IN GENERAL.—Section 212(e) of such Act 

6 (8 U.S.C. 1182(e)) is amended, in the matter before 

7 the first proviso, by inserting ‘‘unless the alien is a 

8 VAWA petitioner or a nonimmigrant under subpara9 graph (T) or (U) of section 101(a)(15)’’ after ‘‘fol10 lowing departure from the United States’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall take effect on the date of the 

13 enactment of this Act and shall apply to aliens re14 gardless of whether the foreign residence require15 ment under section 212(e) of the Immigration and 

16 Nationality Act arises out of an admission or acqui17 sition of status under section 101(a)(15)(J) of such 

18 Act before, on, or after the date of the enactment 

19 of this Act. 

20 SEC. 917. ELIMINATING ABUSERS’ CONTROL OVER APPLI21 CATIONS FOR ADJUSTMENTS OF STATUS. 

22 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

23 VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the 

24 Immigration and Nationality Act (8 U.S.C. 

25 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 
279

•HR 3402 IH 

1 of the REAL ID Act of 2005 (division B of Public Law 

2 109–13), is amended —

3 (1) in subclause (I), by striking ‘‘under clause 

4 (iii) or (iv) of section 204(a)(1)(A), clause (ii) or 

5 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a 

6 VAWA 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 
280

•HR 3402 IH 

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

6 UNDER SECTION 202 OF NACARA.—

7 (1) IN GENERAL.—Section 202(d)(1) of the 

8 Nicaraguan Adjustment and Central American Re9 lief Act (8 U.S.C. 1255 note; Public Law 105–100) 

10 is amended—

11 (A) in subparagraph (B)(ii), by inserting 

12 ‘‘, or was eligible for adjustment,’’ after ‘‘whose 

13 status is adjusted’’; and 

14 (B) in subparagraph (E), by inserting 

15 after ‘‘April 1, 2000’’ the following: ‘‘, or, in 

16 the case of an alien who qualifies under sub17 paragraph (B)(ii), applies for such adjustment 

18 during the 18-month period beginning on the 

19 date of enactment of the Violence Against 

20 Women Act of 2005’’ . 

21 (2) TECHNICAL AMENDMENT.—Section 

22 202(d)(3) of such Act (8 U.S.C. 1255 note; Public 

23 Law 105–100) is amended by striking 

24 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
281

•HR 3402 IH 

1 (3) EFFECTIVE DATE.—The amendment made 

2 by paragraph (2) shall take effect as if included in 

3 the enactment of VAWA–2000. 

4 (d) PETITIONING RIGHTS OF CERTAIN FORMER

5 SPOUSES UNDER CUBAN ADJUSTMENT.—

6 (1) IN GENERAL.—The first section of Public 

7 Law 89–732 (8 U.S.C. 1255 note) is amended—

8 (A) in the last sentence, by striking 

9 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; 

10 and 

11 (B) by adding at the end the following: 

12 ‘‘An alien who was the spouse of any Cuban 

13 alien described in this section and has resided 

14 with such spouse shall continue to be treated as 

15 such a spouse for 2 years after the date on 

16 which the Cuban alien dies (or, if later, 2 years 

17 after the date of enactment of Violence Against 

18 Women Act of 2005), or for 2 years after the 

19 date of termination of the marriage (or, if later, 

20 2 years after the date of enactment of Violence 

21 Against Women Act of 2005) if the alien dem22 onstrates a connection between the termination 

23 of the marriage and the battering or extreme 

24 cruelty by the Cuban alien.’’. 
282

•HR 3402 IH 

1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1)(A) shall take effect as if included 

3 in the enactment of VAWA–2000. 

4 (e) SELF-PETITIONING RIGHTS OF HRIFA APPLI5 CANTS.—

6 (1) IN GENERAL.—Section 902(d)(1)(B) of the 

7 Haitian Refugee Immigration Fairness Act of 1998 

8 (division A of section 101(h) of Public Law 105–

9 277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as 

10 amended by section 1511(a) of VAWA–2000, is 

11 amended—

12 (A) in clause (i), by striking ‘‘whose status 

13 is adjusted to that of an alien lawfully admitted 

14 for permanent residence’’ and inserting ‘‘who is 

15 or was eligible for classification’’; 

16 (B) in clause (ii), by striking ‘‘whose sta17 tus is adjusted to that of an alien lawfully ad18 mitted for permanent residence’’ and inserting 

19 ‘‘who is or was eligible for classification’’; and 

20 (C) in clause (iii), by striking 

21 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’ . 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by paragraph (1)(C) shall take effect as if included 

24 in the enactment of VAWA–2000. 
283

•HR 3402 IH 

1 (f) SELF-PETITIONING RIGHTS UNDER SECTION 203 

2 OF NACARA.—Section 309 of the Illegal Immigration 

3 and Reform and Immigrant Responsibility Act of 1996 

4 (division C of Public Law 104–208; 8 U.S.C. 1101 note), 

5 as amended by section 203(a) of the Nicaraguan Adjust6 ment and Central American Relief Act (8 U.S.C. 1255 

7 note; Public Law 105–100), is amended—

8 (1) in subsection (c)(5)(C)(i)(VII)(aa), as 

9 amended by section 1510(b) of VAWA–2000—

10 (A) by striking ‘‘or’’ at the end of subitem 

11 (BB); 

12 (B) by striking ‘‘and’’ at the end of 

13 subitem (CC) and inserting ‘‘or’’; and 

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

15 subitem: 

16 ‘‘(DD) at the time at which 

17 the spouse or child files an appli18 cation for suspension of deporta19 tion or cancellation of removal; 

20 and’’; and 

21 (2) in subsection (g)—

22 (A) by inserting ‘‘(1)’’ before ‘‘Notwith23 standing’’; 
284

•HR 3402 IH 

1 (B) by inserting ‘‘subject to paragraph 

2 (2),’’ after ‘‘section 101(a) of the Immigration 

3 and Nationality Act)),’’; and 

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

5 paragraph: 

6 ‘‘(2) There shall be no limitation on a motion to re7 open removal or deportation proceedings in the case of an 

8 alien who is described in subclause (VI) or (VII) of sub9 section (c)(5)(C)(i). Motions to reopen removal or deporta10 tion proceedings in the case of such an alien shall be han11 dled under the procedures that apply to aliens seeking re12 lief under section 204(a)(1)(A)(iii) of the Immigration and 

13 Nationality Act.’’. 

14 (g) LIMITATION ON PETITIONING FOR ABUSER.—

15 Section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 

16 amended by adding at the end the following new subpara17 graph: 

18 ‘‘(J) Notwithstanding the previous provisions of this 

19 paragraph, an individual who was a VAWA petitioner or 

20 who had the status of a nonimmigrant under subpara21 graph (T) or (U) of section 101(a)(15) may not file a peti22 tion for classification under this section or section 214 to 

23 classify any person who committed the battery or extreme 

24 cruelty or trafficking against the individual (or the individ25 ual’s child) which established the individual’s (or individ-
285

•HR 3402 IH 

1 ual’s child’s) eligibility as a VAWA petitioner or for such 

2 nonimmigrant status.’’. 

3 (h) EFFECTIVE DATE.—Except as otherwise pro4 vided in this section, the amendments made by this section 

5 shall take effect on the date of the enactment of this Act. 

6 SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DE7 RIVATIVES OF TRAFFICKING VICTIMS. 

8 (a) IN GENERAL.—Section 240A(b)(4) of the Immi9 gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 

10 amended—

11 (1) in the heading, by striking ‘‘CHILDREN OF

12 BATTERED ALIENS’’ inserting ‘‘BATTERED ALIENS, 

13 CHILDREN OF BATTERED ALIENS, AND DERIVATIVE

14 FAMILY MEMBERS OF TRAFFICKING VICTIMS,’’; 

15 (2) in subparagraph (A)—

16 (A) by striking ‘‘or’’ at the end of clause 

17 (i); 

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

19 clause (ii) and inserting a semicolon; and 

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

21 clauses: 

22 ‘‘(iii) VAWA petitioner whose petition 

23 was approved based on having been bat24 tered or subjected to extreme cruelty by a 

25 United States citizen spouse, parent, or 
286

•HR 3402 IH 

1 child and who is admissible and eligible for 

2 an immigrant visa; 

3 ‘‘(iv) VAWA petitioner whose petition 

4 was approved based on having been bat5 tered or subjected to extreme cruelty by a 

6 lawful permanent resident spouse or par7 ent, who is admissible and would be eligi8 ble for an immigrant visa but for the fact 

9 that an immigrant visa is not immediately 

10 available to the alien, and who filed a peti11 tion for classification under section 

12 204(a)(1)(B), if at least 3 years has 

13 elapsed since the petitioner’s priority date; 

14 or 

15 ‘‘(v) an alien whom the Secretary of 

16 State determines would, but for an applica17 tion or approval, meet the conditions for 

18 approval as a nonimmigrant described in 

19 section 101(a)(15)(T)(ii).’’; and 

20 (3) in subparagraph (B)—

21 (A) in the first sentence, by striking ‘‘The 

22 grant of parole’’ and inserting ‘‘(i) The grant of 

23 parole under subparagraph (A)(i) or (A)(ii)’’; 
287

•HR 3402 IH 

1 (B) in the second sentence, by striking 

2 ‘‘covered under this paragraph’’ and inserting 

3 ‘‘covered under such subparagraphs’’; 

4 (C) in the last sentence, by inserting ‘‘of 

5 subparagraph (A)’’ after ‘‘clause (i) or (ii)’’; 

6 and 

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

8 clauses: 

9 ‘‘(ii) The grant of parole under sub10 paragraph (A)(iii) or (A)(iv) shall extend 

11 from the date of approval of the applicable 

12 petition to the time the application for ad13 justment of status filed by aliens covered 

14 under such subparagraphs has been finally 

15 adjudicated. Applications for adjustment of 

16 status filed by aliens covered under such 

17 subparagraphs shall be treated as if they 

18 were applications filed under section 

19 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 

20 (B)(iii) for purposes of section 245 (a) and 

21 (c). 

22 ‘‘(iii) The grant of parole under sub23 paragraph (A)(v) shall extend from the 

24 date of the determination of the Secretary 

25 of State described in such subparagraph to 
288

•HR 3402 IH 

1 the time the application for status under 

2 section 101(a)(15)(T)(ii) has been finally 

3 adjudicated. Failure by such an alien to 

4 exercise due diligence in filing a visa peti5 tion on the alien’s behalf may result in rev6 ocation of parole.’’. 

7 (b) CONFORMING REFERENCE.—Section 212(d)(5) 

8 of such Act (8 U.S.C. 1182(d)(5)) is amended by adding 

9 at the end the following new subparagraph: 

10 ‘‘(C) Parole is provided for certain battered aliens, 

11 children of battered aliens, and parents of battered alien 

12 children under section 240A(b)(4).’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the date of the enactment 

15 of this Act. 

16 SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIO17 LENCE, SEXUAL ASSAULT AND TRAFFICKING 

18 FROM SANCTIONS FOR FAILURE TO DEPART 

19 VOLUNTARILY. 

20 (a) IN GENERAL.—Section 240B(d) of the Immigra21 tion and Nationality Act (8 U.S.C. 1229c(d)) is amend22 ed—

23 (1) by striking ‘‘If’’ and inserting ‘‘(1) Subject 

24 to paragraph (2), if’’; and 
289

•HR 3402 IH 

1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) The ineligibility for relief under paragraph (1) 

4 shall not apply to an alien who is a VAWA petitioner, who 

5 is seeking status as a nonimmigrant under subparagraph 

6 (T) or (U) of section 101(a)(15), or who is an applicant 

7 for relief under section 240A(b)(2) or under section 

8 244(a)(3) (as in effect on March 31, 1997), if there is 

9 a connection between the failure to voluntarily depart and 

10 the battery or extreme cruelty, trafficking, or criminal ac11 tivity, referred to in the respective provision.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 subsection (a) shall apply as if included in the enactment 

14 of the Immigration Reform and Immigrant Responsibility 

15 Act of 1996 (division C of Public Law 104–208) and shall 

16 apply to failures to depart voluntarily occurring before, on, 

17 or after the date of the enactment of this Act. 

18 SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION 

19 FOR VICTIMS OF DOMESTIC VIOLENCE. 

20 (a) IN GENERAL.—Section 319(a) of the Immigra21 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

22 by inserting after ‘‘extreme cruelty by a United States cit23 izen spouse or parent’’ the following: ‘‘, regardless of 

24 whether the lawful permanent resident status was ob25 tained on the basis of such battery or cruelty’’. 
290

•HR 3402 IH 

1 (b) USE OF CREDIBLE EVIDENCE.—Such section is 

2 further amended by adding at the end the following: ‘‘The 

3 provisions of section 204(a)(1)(J) shall apply in acting on 

4 an application under this subsection in the same manner 

5 as they apply in acting on petitions referred to in such 

6 section.’’

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date of the enactment 

9 of this Act and shall apply to applications for naturaliza10 tion filed before, on, or after the date of the enactment 

11 of this Act. 

12 SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF 

13 ADMISSIBILITY OR DEPORTABILITY BASED 

14 ON PROTECTED INFORMATION. 

15 (a) APPLICATION OF RESTRICTIONS ON ADDITIONAL

16 DEPARTMENTS.—Section 384 of the Illegal Immigration 

17 Reform and Immigrant Responsibility Act of 1996 (divi18 sion C of Public Law 104–208; 8 U.S.C. 1367) is amend19 ed—

20 (1) in subsection (a), as amended by section 

21 1513(d) of VAWA–2000—

22 (A) in the matter before paragraph (1), by 

23 striking ‘‘(including any bureau or agency of 

24 such Department)’’ and inserting ‘‘, or the Sec25 retary of Homeland Security, the Secretary of 
291

•HR 3402 IH 

1 State, the Secretary of Health and Human 

2 Services, or the Secretary of Labor or any other 

3 official or employee of the Department of 

4 Homeland Security, the Department of State, 

5 the Department of Health and Human Services, 

6 or the Department of Labor (including any bu7 reau or agency of any such Department)’’; and 

8 (B) in paragraph (2), by striking ‘‘of the 

9 Department,’’ and inserting ‘‘of any such De10 partment,’’; and 

11 (2) in subsection (b)—

12 (A) in paragraphs (1), by striking ‘‘the At13 torney General may provide, in the Attorney 

14 General’s discretion’’ and inserting ‘‘the Attor15 ney General, Secretary of Homeland Security, 

16 Secretary of State, Secretary of Health and 

17 Human Services, and Secretary of Labor may 

18 provide, in each’s discretion’’; 

19 (B) in paragraph (2), by striking ‘‘the At20 torney General may provide in the discretion of 

21 the Attorney General’’ and inserting ‘‘the Attor22 ney General, Secretary of Homeland Security, 

23 Secretary of State, Secretary of Health and 

24 Human Services, and the Secretary of Labor 

25 may provide, in each’s discretion’’; and 
292

•HR 3402 IH 

1 (C) in paragraph (5), by striking ‘‘is au2 thorized to disclose’’ and inserting ‘‘, Secretary 

3 of Homeland Security, Secretary of State, Sec4 retary of Health and Human Services, and Sec5 retary of Labor, or Attorney General may dis6 close’’. 

7 (b) INCREASING SCOPE OF ALIENS AND INFORMA8 TION PROTECTED.—Subsection (a) of such section is 

9 amended—

10 (1) in paragraph (1)—

11 (A) in the matter before subparagraph (A), 

12 by striking ‘‘furnished solely by’’ and inserting 

13 ‘‘furnished by or derived from information pro14 vided solely by’’; 

15 (B) by striking ‘‘or’’ at the end of subpara16 graph (D); 

17 (C) by adding ‘‘or’’ at the end of subpara18 graph (E); and 

19 (D) by inserting after subparagraph (E) 

20 the following new subparagraph: 

21 ‘‘(F) in the case of an alien applying for 

22 continued presence as a victim of trafficking 

23 under section 107(b)(1)(E)(i)(II)(bb) of the 

24 Trafficking Protection Act of 2000 or status 

25 under section 101(a)(15)(T) of the Immigration 
293

•HR 3402 IH 

1 and Nationality Act, the trafficker or perpe2 trator,’’; and 

3 (2) in paragraph (2)—

4 (A) by striking ‘‘under clause (iii) or (iv) 

5 of section 204(a)(1)(A), clause (ii) or (iii) of 

6 section 204(a)(1)(B)’’ and inserting ‘‘as a 

7 VAWA petitioner (as defined in section 

8 101(a)(51) of the Immigration and Nationality 

9 Act), or under’’; and 

10 (B) by striking ‘‘or section 240A(a)(3) of 

11 such Act as an alien (or the part of a child) 

12 who has been battered or subjected to extreme 

13 cruelty.’’ and inserting the following: ‘‘, section 

14 101(a)(15)(T), or section 240A(b)(2) of such 

15 Act, or section 244(a)(3) of such Act (as in ef16 fect on March 31, 1997), or for continued pres17 ence as a victim of trafficking under section 

18 107(b)(1)(E)(i)(II)(bb) of the Trafficking Pro19 tection Act of 2000, or any derivative of the 

20 alien;’’. 

21 (c) PROVIDING FOR CONGRESSIONAL REVIEW.—Sub22 section (b) of such section is amended by adding at the 

23 end the following new paragraph: 

24 ‘‘(6) Subsection (a) shall not apply to prevent 

25 the Attorney General and the Secretary of Home-
294

•HR 3402 IH 

1 land Security from disclosing to the chairmen and 

2 ranking members of the Judiciary Committees of the 

3 House of Representatives and of the Senate in the 

4 exercise of Congressional oversight authority infor5 mation on closed cases under this section in a man6 ner that protects the confidentiality of such informa7 tion and that omits personally identifying informa8 tion (including locational information about individ9 uals).’’. 

10 (d) APPLICATION TO JUVENILE SPECIAL IMMI11 GRANTS.—Subsection (a) of such section is amended—

12 (1) by striking ‘‘or’’ at the end of paragraph 

13 (1); 

14 (2) by striking the period at the end of para15 graph (2) and inserting ‘‘; or’’; and 

16 (3) by inserting after paragraph (2) the fol17 lowing new paragraph: 

18 ‘‘(3) in the case of an alien described in section 

19 101(a)(27)(J) of the Immigration and Nationality 

20 Act who has been abused, neglected, or abandoned, 

21 contact the alleged abuser (or family member of the 

22 alleged abuser) at any stage of applying for special 

23 immigrant juvenile status, including after a request 

24 for the consent of the Secretary of Homeland Secu25 rity under clause (iii)(I) of such section.’’. 
295

•HR 3402 IH 

1 (e) IMPROVED ENFORCEMENT.—Subsection (c) of 

2 such section is amended by adding at the end the fol3 lowing: ‘‘The Office of Professional Responsibility in the 

4 Department of Justice shall be responsible for carrying 

5 out enforcement under the previous sentence.’’. 

6 (f) CERTIFICATION OF COMPLIANCE IN REMOVAL

7 PROCEEDINGS.—

8 (1) IN GENERAL.—Section 239 of the Immigra9 tion and Nationality Act (8 U.S.C. 1229) is amend10 ed by adding at the end the following new sub11 section: 

12 ‘‘(e) CERTIFICATION OF COMPLIANCE WITH RE13 STRICTIONS ON DISCLOSURE.—Removal proceedings shall 

14 not be initiated against an alien unless there is a certifi15 cation of either of the following: 

16 ‘‘(1) No enforcement action was taken leading 

17 to such proceedings against the alien—

18 ‘‘(A) at a domestic violence shelter, a vic19 tims services organization or program (as de20 scribed in section 2003(8) of the Omnibus 

21 Crime Control and Safe Streets Act of 1968), 

22 a rape crisis center, a family justice center, or 

23 a supervised visitation center; or 

24 ‘‘(B) at a courthouse (or in connection 

25 with the appearance of the alien at a court-
296

•HR 3402 IH 

1 house) if the alien is appearing in connection 

2 with a protection order case, child custody case, 

3 or other civil or criminal case relating to domes4 tic violence, sexual assault, trafficking, or stalk5 ing in which the alien has been battered or sub6 ject to extreme cruelty or if the alien is de7 scribed in subparagraph (T) or (U) of section 

8 101(a)(15). 

9 ‘‘(2) Such an enforcement action was taken, but 

10 the provisions of section 384(a)(1) of the Illegal Im11 migration Reform and Immigrant Responsibility Act 

12 of 1996 have been complied with.’’. 

13 (2) COMPLIANCE.—Section 384(c) of the Illegal 

14 Immigration Reform and Immigrant Responsibility 

15 Act of 1996 (division C of Public Law 104–208; 8 

16 U.S.C. 1367(c)) is amended by inserting ‘‘or who 

17 knowingly makes a false certification under section 

18 239(e) of the Immigration and Nationality Act’’ 

19 after ‘‘in violation of this section’’. 

20 (g) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date of the enactment 

22 of this Act and shall apply to violations or disclosures 

23 made on or after such date. 
297

•HR 3402 IH 

1 SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT 

2 LEGAL RIGHTS AND RESOURCES FOR IMMI3 GRANT VICTIMS OF DOMESTIC VIOLENCE. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity, in consultation with the Attorney General and the 

6 Secretary of State, shall develop consistent and accurate 

7 materials, including an information pamphlet described in 

8 subsection (b), on legal rights and resources for immigrant 

9 victims of domestic violence for dissemination to appli10 cants for K nonimmigrant visas. In preparing such mate11 rials, the Secretary shall consult with non-governmental 

12 organizations with expertise on the legal rights of immi13 grant victims of battery, extreme cruelty, sexual assault 

14 and other crimes. 

15 (b) INFORMATION PAMPHLET.—The information 

16 pamphlet developed under subsection (a) shall include in17 formation on the following: 

18 (1) The K nonimmigrant visa application proc19 ess and the marriage-based immigration process, in20 cluding conditional residence and adjustment of sta21 tus. 

22 (2) The illegality of domestic violence, sexual 

23 assault, and child abuse in the United States and 

24 the dynamics of domestic violence. 

25 (3) Domestic violence and sexual assault serv26 ices in the United States, including the National Do-
298

•HR 3402 IH 

1 mestic Violence Hotline and the National Sexual As2 sault Hotline. 

3 (4) The legal rights of immigrant victims of 

4 abuse and other crimes in immigration, criminal jus5 tice, family law, and other matters. 

6 (5) The obligations of parents to provide child 

7 support for children. 

8 (6) Marriage fraud under United States immi9 gration laws and the penalties for committing such 

10 fraud. 

11 (7) A warning concerning the potential use of 

12 K nonimmigrant visas by individuals who have a his13 tory of committing domestic violence, sexual assault, 

14 or child abuse. 

15 (c) SUMMARIES.—The Secretary of Homeland Secu16 rity, in consultation with the Attorney General and the 

17 Secretary of State, shall develop summaries of the pam18 phlet developed under subsection (a) that shall be used 

19 by consular officers when reviewing the pamphlet in inter20 views under section (e)(2). 

21 (d) TRANSLATION.—

22 (1) IN GENERAL.—In order to best serve the 

23 language groups having the greatest concentration of 

24 K nonimmigrant visa applicants, the information 

25 pamphlet under subsection (b) shall, subject to para-
299

•HR 3402 IH 

1 graph (2), be translated by the Secretary of State 

2 into the following languages: Russian, Spanish, Ta3 galog, Vietnamese, Chinese, Ukrainian, Thai, Ko4 rean, Polish, Japanese, French, Arabic, Portuguese, 

5 and Hindi. 

6 (2) REVISION.—Every two years, the Secretary 

7 of Homeland Security, in consultation with the At8 torney General and the Secretary of State, shall de9 termine the specific languages into which the infor10 mation pamphlet is translated based on the lan11 guages spoken by the greatest concentrations of K 

12 nonimmigrant visa applicants. 

13 (e) AVAILABILITY AND DISTRIBUTION.—The infor14 mation pamphlet developed under subsection (a) shall be 

15 made available and distributed as follows: 

16 (1) MAILINGS TO K NONIMMIGRANT VISA APPLI17 CANTS.—

18 (A) The pamphlet shall be mailed by the 

19 Secretary of State to each applicant for a K 

20 nonimmigrant visa at the same time that the 

21 instruction packet regarding the visa applica22 tion process is mailed to such applicant. The 

23 pamphlet so mailed shall be in the primary lan24 guage of the applicant, or in English if no 
300

•HR 3402 IH 

1 translation into the applicant’s primary lan2 guage is available. 

3 (B) In addition, in the case of an applicant 

4 for a nonimmigrant visa under section 

5 101(a)(15)(K)(i) of the Immigration and Na6 tionality Act (8 U.S.C. 1101(a)(15)(K)(i)) the 

7 Secretary of Homeland Security shall provide to 

8 the Secretary of State, for inclusion in the mail9 ing under subparagraph (A), a copy of the peti10 tion submitted by the petitioner for such appli11 cant under section 214(d) of such Act (8 

12 U.S.C. 1184(d)). 

13 (C) The Secretary of Homeland Security 

14 shall provide to the Secretary of State any 

15 criminal background information the Secretary 

16 of Homeland Security possesses with respect to 

17 a petitioner under such section 214(d). The 

18 Secretary of State, in turn, shall share any such 

19 criminal background information that is in the 

20 public record with the nonimmigrant visa appli21 cant who is the beneficiary of the petition. The 

22 visa applicant shall be informed that such 

23 criminal background information is based on 

24 available records and may not be complete. The 

25 Secretary of State also shall provide for the dis-
301

•HR 3402 IH 

1 closure of such criminal background informa2 tion to the visa applicant at the consular inter3 view in the primary language of the visa appli4 cant. Nothing in this subparagraph shall be 

5 construed to authorize the Secretary of Home6 land Security to conduct any new or additional 

7 criminal background check that is not otherwise 

8 conducted in the course of adjudicating such 

9 petitions. 

10 (2) CONSULAR INTERVIEWS.— The pamphlet 

11 shall be distributed directly to K nonimmigrant visa 

12 applicants at all consular interviews for such visas. 

13 The consular officer conducting the visa interview 

14 shall review the pamphlet and summary with the ap15 plicant orally in the applicant’s primary language, in 

16 addition to distributing the pamphlet to the appli17 cant in English. 

18 (3) CONSULAR ACCESS.—The pamphlet shall be 

19 made available to the public at all consular posts. 

20 Summaries of the pamphlets under subsection (c) 

21 shall be made available to foreign service officers at 

22 all consular posts. 

23 (4) POSTING ON STATE DEPARTMENT

24 WEBSITE.—The pamphlet shall be posted on the 

25 website of the Department of State as well as on the 
302

•HR 3402 IH 

1 websites of all consular posts processing K non2 immigrant visa applications. 

3 (f) K NONIMMIGRANT DEFINED.—For purposes of 

4 this section, the term ‘‘K nonimmigrant visa’’ means a 

5 nonimmigrant visa under clause (i) or (ii) of section 

6 101(a)(15)(K) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)(15)(K)). 

8 SEC. 923. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to the Sec10 retary of Homeland Security such sums as may be nec11 essary to provide for adjudication of petitions of VAWA 

12 petitioners (as defined in section 101(a)(51) of the Immi13 gration and Nationality Act, as added by section 911(a)), 

14 of aliens seeking status as nonimmigrants under subpara15 graph (T) or (U) of section 101(a)(15) of such Act, and 

16 of aliens seeking relief under section 240A(b)(2) of such 

17 Act or under section 244(a)(3) of such Act (as in effect 

18 on March 31, 1997). 

19 Subtitle C—Miscellaneous 

20 Provisions 

21 SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE22 QUIREMENT FOR BATTERED ADOPTED CHIL23 DREN. 

24 (a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 

25 Immigration and Nationality Act (8 U.S.C. 
303

•HR 3402 IH 

1 1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 

2 two years’’ the following: ‘‘or if the child has been battered 

3 or subject to extreme cruelty by the adopting parent or 

4 by a family member of the adopting parent residing in 

5 the same household’’. 

6 (b) CONFORMING NATURALIZATION AMENDMENT.—

7 Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 

8 amended by inserting before the period at the end the fol9 lowing: ‘‘or the child is residing in the United States pur10 suant to a lawful admission for permanent residence and 

11 has been battered or subject to extreme cruelty by the cit12 izen parent or by a family member of the citizen parent 

13 residing in the same household ’’

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date of the enactment 

16 of this Act and shall apply to applications pending or filed 

17 on or after such date. 

18 SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMIS19 SIBILITY FOR VAWA PETITIONERS. 

20 (a) WAIVER OF FALSE CLAIM OF U.S. CITIZEN21 SHIP.—

22 (1) IN GENERAL.—Section 212(i)(1) of such 

23 Act (8 U.S.C. 1182(i)(1)) is amended by inserting 

24 ‘‘(and, in the case of a VAWA petitioner who dem25 onstrates a connection between the false claim of 
304

•HR 3402 IH 

1 United States citizenship and the petitioner being 

2 subjected to battery or extreme cruelty, clause (ii))’’ 

3 after ‘‘clause (i)’’. 

4 (2) CONFORMING REFERENCE.—Section 

5 212(a)(6)(C)(iii) of such Act (8 U.S.C. 

6 1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 

7 (i)’’and inserting ‘‘clauses (i) and (ii)’’. 

8 (b) EXEMPTION FROM PUBLIC CHARGE GROUND.—

9 (1) IN GENERAL.—Section 212(a)(4) of such 

10 Act (8 U.S.C. 1182(a)(4)) is amended by adding at 

11 the end the following new subparagraph: 

12 ‘‘(E) SPECIAL RULE FOR BATTERED

13 ALIENS.—Subparagraphs (A) through (C) shall 

14 not apply to an alien who is a VAWA petitioner 

15 or is a qualified alien described in section 

16 431(c) of the Personal Responsibility and Work 

17 Opportunity Reconciliation Act of 1996.’’. 

18 (2) CONFORMING AMENDMENT.—Section 

19 212(a)(4)(C)(i) of such Act (8 U.S.C. 

20 1182(a)(4)(C)(i)) is amended to read as follows: 

21 ‘‘(i) the alien is described in subpara22 graph (E); or’’. 

23 (c) EFFECTIVE DATE.—Except as provided in this 

24 section, the amendments made by this section shall take 

25 effect on the date of the enactment of this Act and shall 
305

•HR 3402 IH 

1 apply regardless of whether the conviction was entered, 

2 crime, or disqualifying event occurred before, on, or after 

3 such date. 

4 SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED 

5 SPOUSES OF CERTAIN NONIMMIGRANTS. 

6 (a) IN GENERAL.—Section 214(c) of the Immigration 

7 and Nationality Act (8 U.S.C. 1184(c)), as amended by 

8 sections 403(a) and 404(a) of the REAL ID Act of 2005 

9 (division B of Public Law 109–13), is amended by adding 

10 at the end the following new paragraph: 

11 ‘‘(15) In the case of an alien spouse admitted under 

12 subparagraph (A), (E)(iii), (G), or (H) of section 

13 101(a)(15) who is accompanying or following to join a 

14 principal alien admitted under subparagraph (A), (E)(iii), 

15 (G), or (H)(i) of such section, respectively, the Secretary 

16 of Homeland Security shall authorize the alien spouse to 

17 engage in employment in the United States and provide 

18 the spouse with an ‘employment authorized’ endorsement 

19 or other appropriate work permit if the alien spouse dem20 onstrates that during the marriage the alien spouse or a 

21 child of the alien spouse has been battered or has been 

22 the subject to extreme cruelty perpetrated by the spouse 

23 of the alien spouse.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall take effect on the date of the enact-
306

•HR 3402 IH 

1 ment of this Act and shall apply to aliens who obtained 

2 the status of an alien spouse before, on, or after such date. 

3 SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDI4 TIONAL PERMANENT RESIDENCE FOR IN5 TENDED SPOUSES. 

6 (a) IN GENERAL.—Section 216(c)(4) of the Immigra7 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend8 ed—

9 (1) by striking ‘‘or’’ at the end of subparagraph 

10 (B); 

11 (2) by striking the period at the end of sub12 paragraph (C) and inserting ‘‘, or’’; and 

13 (3) by inserting after subparagraph (C) the fol14 lowing new subparagraph: 

15 ‘‘(D) the alien meets the requirements 

16 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

17 following the marriage ceremony has been bat18 tered by or was subject to extreme cruelty per19 petrated by his or her intended spouse and was 

20 not at fault in failing to meet the requirements 

21 of paragraph (1).’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall apply as if included in the enactment 

24 of VAWA–2000. 
307

•HR 3402 IH 

1 SEC. 935. CANCELLATION OF REMOVAL. 

2 (a) CLARIFYING APPLICATION OF DOMESTIC VIO3 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE4 MOVAL.—

5 (1) IN GENERAL.—Section 240A(b) of the Im6 migration and Nationality Act (8 U.S.C. 1229b(b)) 

7 is amended—

8 (A) in paragraph (1)(C)—

9 (i) by inserting ‘‘subject to paragraph 

10 (5),’’ after ‘‘(C)’’; and 

11 (ii) by striking ‘‘(except in a case de12 scribed in section 237(a)(7) where the At13 torney General exercises discretion to 

14 grant a waiver)’’; 

15 (B) in paragraph (2)(A), by amending 

16 clause (iv) to read as follows: 

17 ‘‘(iv) subject to paragraph (5), the 

18 alien is not inadmissible under paragraph 

19 (2) or (3) of section 212(a), is not remov20 able under paragraph (2), (3)(D), or (4) of 

21 section 237(a), and is not removable under 

22 section 237(a)(1)(G) (except if there was a 

23 connection between the marriage fraud de24 scribed in such section and the battery or 

25 extreme cruelty described in clause (i)); 

26 and ’’; and 
308

•HR 3402 IH 

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

2 paragraph: 

3 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

4 WAIVER AUTHORITY.—The provisions of section 

5 237(a)(7) shall apply in the application of para6 graphs (1)(C) and (2)(A)(iv) (including waiving 

7 grounds of deportability) in the same manner as 

8 they apply under section 237(a). In addition, for 

9 purposes of such paragraphs and in the case of an 

10 alien who has been battered or subjected to extreme 

11 cruelty and if there was a connection between the in12 admissibility or deportability and such battery or 

13 cruelty with respect to the activity involved, the At14 torney General may waive, in the sole unreviewable 

15 discretion of the Attorney General, any other ground 

16 of inadmissibility or deportability for which a waiver 

17 is authorized under section 212(h), 212(d)(13), 

18 212(d)(14), or 237(a)(2)(A)(v), and the exception 

19 described in section 204(a)(1)(C) shall apply.’’. 

20 (2) EFFECTIVE DATE.—The amendments made 

21 by paragraph (1) shall apply as if included in the 

22 enactment of section 1504(a) of VAWA–2000. 

23 (b) CLARIFYING NONAPPLICATION OF CANCELLA24 TION CAP.—
309

•HR 3402 IH 

1 (1) IN GENERAL.—Section 240A(e)(3) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1229b(e)(3)) is amended by adding at the end the 

4 following new subparagraph: 

5 ‘‘(C) Aliens with respect to their cancella6 tion of removal under subsection (b)(2).’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall apply to cancellations of re9 moval occurring on or after October 1, 2004. 

10 SEC. 936. MOTIONS TO REOPEN. 

11 (a) REMOVAL PROCEEDINGS.—

12 (1) IN GENERAL.—Section 240(c)(7) of the Im13 migration and Nationality Act (8 U.S.C. 

14 1230(c)(7)), as redesignated by section 101(d)(1) of 

15 the REAL ID Act of 2005 (division B of Public Law 

16 109–13), is amended—

17 (A) in subparagraph (A), by inserting ‘‘, 

18 except that this limitation shall not apply so as 

19 to prevent the filing of one motion to reopen de20 scribed in clause (iv)’’ before the period at the 

21 end; and 

22 (B) in subparagraph (C)—

23 (i) in the heading of clause (iv), by 

24 striking ‘‘SPOUSES AND CHILDREN’’ and 
310

•HR 3402 IH 

1 inserting ‘‘SPOUSES, CHILDREN, AND PAR2 ENTS,’’; 

3 (ii) in the matter before subclause (I) 

4 of clause (iv), by striking ‘‘The deadline 

5 specified in subsection (b)(5)(C) for filing 

6 a motion to reopen does not apply’’ and in7 serting ‘‘Any limitation under this section 

8 on the deadlines for filing such motions 

9 shall not apply’’; 

10 (iii) in clause (iv)(I), by striking ‘‘or 

11 (iv)’’ and inserting ‘‘, (iv), or (vii)’’; 

12 (iv) in clause (iv)(I), by inserting ‘‘or 

13 section 244(a)(3) (as in effect on March 

14 31, 1997)’’ after ‘‘section 240A(b)(2)’’; 

15 (v) by striking ‘‘and’’ at the end of 

16 clause (iv)(II); 

17 (vi) by striking the period at the end 

18 of clause (iv)(III) and inserting ‘‘; and’’; 

19 and 

20 (vii) by adding at the end the fol21 lowing: 

22 ‘‘(IV) if the alien is physically 

23 present in the United States at the 

24 time of filing the motion. 
311

•HR 3402 IH 

1 The filing of a motion to reopen under this 

2 clause shall stay the removal of the alien 

3 pending final disposition of the motion in4 cluding exhaustion of all appeals if the mo5 tion establishes a prima facie case for the 

6 relief applied for.’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

8 by paragraph (1) shall take effect on the date of the 

9 enactment of this Act. 

10 (b) DEPORTATION PROCEEDINGS.—

11 (1) IN GENERAL.—Section 1506(c)(2) of 

12 VAWA–2000 is amended—

13 (A) in the matter before clause (i) of sub14 paragraph (A), by striking ‘‘Notwithstanding 

15 any limitation imposed by law on motions’’ in16 serting ‘‘Notwithstanding any limitation on the 

17 number of motions, or the deadlines for filing 

18 motions (including the deadline specified in sec19 tion 242B(c)(3) of the Immigration and Na20 tionality Act before the title III–A effective 

21 date),’’; 

22 (B) in the matter before clause (i) of sub23 paragraph (A), by striking ‘‘there is no time 

24 limit on the filing of a motion’’ and all that fol25 lows through ‘‘does not apply’’ and inserting 
312

•HR 3402 IH 

1 ‘‘such limitations shall not apply to the filing of 

2 a single motion under this subparagraph to re3 open such proceedings’’; and 

4 (C) by adding at the end of subparagraph 

5 (A) the following: 

6 ‘‘The filing of a motion under this subpara7 graph shall stay the removal of the alien pend8 ing a final disposition of the motion including 

9 the exhaustion of all appeals if the motion es10 tablishes a prima facie case for the relief ap11 plied for. ’’; and 

12 (D) in subparagraph (B), by inserting 

13 ‘‘who are physically present in the United 

14 States and’’ after ‘‘filed by aliens’’. 

15 (2) EFFECTIVE DATE.—The amendments made 

16 by paragraph (1) shall take effect on the date of the 

17 enactment of this Act. 

18 SEC. 937. REMOVAL PROCEEDINGS. 

19 (a) TREATMENT OF BATTERY OR EXTREME CRU20 ELTY AS EXCEPTIONAL CIRCUMSTANCES.—Section 

21 240(e)(1) of such Act (8 U.S.C. 1230(e)(1)) is amended 

22 by inserting ‘‘battery or extreme cruelty of the alien or 

23 any child or parent of the alien or’’ after ‘‘exceptional cir24 cumstances (such as’’. 
313

•HR 3402 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to a failure to appear 

4 that occurs before, on, or after such date. 

5 SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPOR6 TATION PARALLEL TO THE RELIEF AVAIL7 ABLE IN VAWA–2000 CANCELLATION FOR 

8 BIGAMY. 

9 Section 244(a)(3) of the Immigration and Nationality 

10 Act (as in effect before the title III–A effective date in 

11 section 309 of the Illegal Immigration Reform and Immi12 grant Responsibility Act of 1996) shall be applied as if 

13 ‘‘or by a United States citizen or lawful permanent resi14 dent whom the alien intended to marry, but whose mar15 riage is not legitimate because of that United States citi16 zen’s or permanent resident’s bigamy’’ were inserted after 

17 ‘‘by a spouse or parent who is a United States citizen or 

18 lawful permanent resident’’. 

19 SEC. 939. CORRECTION OF CROSS-REFERENCE TO CRED20 IBLE EVIDENCE PROVISIONS. 

21 (a) CUBAN ADJUSTMENT PROVISION.—The last sen22 tence of the first section of Public Law 89–732 (November 

23 2, 1966; 8 U.S.C. 1255 note), as amended by section 

24 1509(a) of VAWA–2000, is amended by striking 

25 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
314

•HR 3402 IH 

1 (b) NACARA.—Section 202(d)(3) of the Nicaraguan 

2 Adjustment and Central American Relief Act (8 U.S.C. 

3 1255 note; Public Law 105–100), as amended by section 

4 1510(a)(2) of VAWA–2000, is amended by striking 

5 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

6 (c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille7 gal Immigration and Reform and Immigrant Responsi8 bility Act of 1996 (division C of Public Law 104–208; 8 

9 U.S.C. 1101 note), as amended by section 1510(b)(2) of 

10 VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 

11 inserting ‘‘204(a)(1)(J)’’. 

12 (d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai13 tian Refugee Immigration Fairness Act of 1998 (division 

14 A of section 101(h) of Public Law 105–277; 112 Stat. 

15 2681–538), as amended by section 1511(a) of VAWA–

16 2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert17 ing ‘‘204(a)(1)(J)’’. 

18 (e) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect as if included in the enact20 ment of VAWA–2000. 

21 SEC. 940. TECHNICAL CORRECTIONS. 

22 (a) TECHNICAL CORRECTIONS TO REFERENCES IN

23 APPLICATION OF SPECIAL PHYSICAL PRESENCE AND

24 GOOD MORAL CHARACTER RULES.—
315

•HR 3402 IH 

1 (1) PHYSICAL PRESENCE RULES.—Section 

2 240A(b)(2)(B) of the Immigration and Nationality 

3 Act (8 U.S.C. 1229b(b)(2)(B)) is amended—

4 (A) in the first sentence, by striking 

5 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and 

6 (B) in the fourth sentence, by striking 

7 ‘‘section 240A(b)(2)(B)’’ and inserting ‘‘this 

8 subparagraph, subparagraph (A)(ii),’’. 

9 (2) MORAL CHARACTER RULES.—Section 

10 240A(b)(2)(C) of such Act (8 U.S.C. 

11 1229b(b)(2)(C)) is amended by striking 

12 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 

13 (3) EFFECTIVE DATE.—The amendments made 

14 by this subsection shall be effective as if included in 

15 the enactment of section 1504(a) of VAWA (114 

16 Stat. 1522). 

17 (b) CORRECTION OF CROSS-REFERENCE ERROR IN

18 APPLYING GOOD MORAL CHARACTER.—

19 (1) IN GENERAL.—Section 101(f)(3) of the Im20 migration and Nationality Act (8 U.S.C. 1101(f)(3)) 

21 is amended by striking ‘‘(9)(A)’’ and inserting 

22 ‘‘(10)(A)’’. 

23 (2) EFFECTIVE DATE.—The amendment made 

24 by paragraph (1) shall be effective as if included in 

25 the enactment of the Illegal Immigration Reform 
316

•HR 3402 IH 

1 and Immigrant Responsibility Act of 1996 (Public 

2 Law 104–208). 

3 (c) PUNCTUATION CORRECTION.—Effective as if in4 cluded in the enactment of section 5(c)(2) of VAWA–

5 2000, section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 

6 1227(a)(1)(H)(ii)) is amended by striking the period at 

7 the end and inserting ‘‘; or’’. 

8 (d) CORRECTION OF DESIGNATION AND INDENTA9 TION.—The last sentence of section 212(a)(9)(C)(ii) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1182(a)(9)(C)(ii)), as added by section 1505(a) of 

12 VAWA–2000, is amended—

13 (1) by striking ‘‘section 212(a)(9)(C)(i)’’ and 

14 inserting ‘‘clause (i)’’; 

15 (2) by redesignating paragraphs (1) and (2), 

16 and subparagraphs (A) through (D) of paragraph 

17 (2), as subclauses (I) and (II), and items (aa) 

18 through (dd) of subclause (II), respectively; and 

19 (3) by moving the margins of each of such 

20 paragraphs and subparagraphs 6 ems to the right. 

21 (e) ADDITIONAL TECHNICAL CORRECTIONS.—(1) 

22 Section 237(a)(7)(A)(i)(I) of such Act (8 U.S.C. 

23 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is self-de24 fense’’ and inserting ‘‘in self-defense’’. 
317

•HR 3402 IH 

1 (2) Section 245(l)(2)(B) of such Act (8 U.S.C. 

2 1255(l)(2)(B)) is amended by striking ‘‘(10(E))’’ and in3 serting ‘‘(10)(E))’’. 

4 TITLE X—SAFETY ON TRIBAL 

5 LANDS 

6 SEC. 1001. PURPOSES. 

7 The purposes of this title are—

8 (1) to decrease the incidence of violent crimes 

9 against Indian women; 

10 (2) to strengthen the capacity of Indian tribes 

11 to exercise their sovereign authority to respond to 

12 violent crimes committed against Indian women 

13 under their jurisdiction; and 

14 (3) to ensure that perpetrators of violent crimes 

15 committed against Indian women are held account16 able for their criminal behavior. 

17 SEC. 1002. CONSULTATION. 

18 (a) IN GENERAL.—The Secretary of the Interior and 

19 the Attorney General shall each conduct annual consulta20 tions with Indian tribal governments concerning the Fed21 eral administration of tribal funds and programs estab22 lished under the Violence Against Women Act of 1994 

23 (title IV of Public Law 103–322) and the Violence Against 

24 Women Act of 2000 (division B of Public Law 106–386), 

25 including consultation concerning—
318

•HR 3402 IH 

1 (1) the timeliness of the Federal grant applica2 tion and award processes; 

3 (2) the amounts awarded under each program 

4 directly to tribal governments, tribal organizations, 

5 and tribal nonprofit organizations; 

6 (3) determinations not to award grant funds; 

7 (4) grant awards made in violation of the eligi8 bility guidelines to a nontribal entity; and 

9 (5) training, technical assistance, and data col10 lection grants for tribal grant programs or programs 

11 addressing the safety of Indian women. 

12 (b) RECOMMENDATIONS.—During consultations 

13 under subsection (a), the Secretary and the Attorney Gen14 eral shall solicit recommendations from Indian tribes con15 cerning—

16 (1) administering tribal funds and programs; 

17 (2) enhancing the safety of Indian women from 

18 domestic violence, dating violence, sexual assault, 

19 and stalking; and 

20 (3) strengthening the Federal response to such 

21 violent crimes. 

22 SEC. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON 

23 TRIBAL LANDS. 

24 (a) NATIONAL BASELINE STUDY.—The Attorney 

25 General, acting through the Director of the Office on Vio-
319

•HR 3402 IH 

1 lence Against Women, shall conduct a national baseline 

2 study to examine violence against Indian women. 

3 (b) SCOPE.—

4 (1) IN GENERAL.—The study shall examine vio5 lence committed against Indian women, including—

6 (A) domestic violence; 

7 (B) dating violence; 

8 (C) sexual assault; 

9 (D) stalking; and 

10 (E) murder. 

11 (2) EVALUATION.—The study shall evaluate the 

12 effectiveness of Federal, State, tribal, and local re13 sponses to the violations described in paragraph (1) 

14 committed against Indian women. 

15 (c) TASK FORCE.—

16 (1) IN GENERAL.—The Attorney General, act17 ing through the Director of the Office on Violence 

18 Against Women, shall establish a task force to assist 

19 in the development and implementation of the study 

20 under subsection (a). 

21 (2) MEMBERS.—The Director shall appoint to 

22 the task force representatives from—

23 (A) national tribal domestic violence and 

24 sexual assault nonprofit organizations; 

25 (B) tribal governments; and 
320

•HR 3402 IH 

1 (C) the National Congress of American In2 dians. 

3 (d) REPORT.—Not later than 2 years after the date 

4 of enactment of this Act, the Attorney General shall sub5 mit to Congress a report that describes the findings made 

6 in the study. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $1,000,000 for each of fiscal years 2006 and 2007, to re10 main available until expended. 

11 SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS. 

12 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

13 DATABASES.—Section 534 of title 28, United States Code, 

14 is amended—

15 (1) by redesignating subsection (d) as sub16 section (e); and 

17 (2) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The 

20 Attorney General shall permit Indian law enforcement 

21 agencies, in cases of domestic violence, dating violence, 

22 sexual assault, and stalking, to enter information into 

23 Federal criminal information databases and to obtain in24 formation from the databases, including information relat25 ing to—
321

•HR 3402 IH 

1 ‘‘(1) identification records; 

2 ‘‘(2) criminal history records; 

3 ‘‘(3) protection orders; and 

4 ‘‘(4) wanted person records.’’. 

5 (b) TRIBAL REGISTRY.—

6 (1) ESTABLISHMENT.—The Attorney General 

7 shall contract with any interested Indian tribe, tribal 

8 organization, or tribal nonprofit organization to de9 velop and maintain—

10 (A) a national tribal sex offender registry; 

11 and 

12 (B) a tribal protection order registry con13 taining civil and criminal orders of protection 

14 issued by Indian tribes and participating juris15 dictions. 

16 (2) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated to carry out 

18 this section $1,000,000 for each of fiscal years 2006 

19 through 2010, to remain available until expended. 

20 SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE 

21 AGAINST WOMEN. 

22 Part T of the Omnibus Crime Control and Safe 

23 Streets Act of 1968 is amended by adding after section 

24 2015 (as added by section 604 of this Act) the following: 
322

•HR 3402 IH 

1 ‘‘SEC. 2016. TRIBAL DIVISION. 

2 ‘‘(a) IN GENERAL.—The Director of the Office on Vi3 olence Against Women shall designate one or more em4 ployees, each of whom shall have demonstrated expertise 

5 in tribal law and practice regarding domestic violence, dat6 ing violence, sexual assault, and stalking against members 

7 of Indian tribes, to be responsible for—

8 ‘‘(1) overseeing and managing the administra9 tion of grants to and contracts with Indian tribes, 

10 tribal courts, tribal organizations, tribal nonprofit 

11 organizations and the territories; 

12 ‘‘(2) ensuring that, if a grant or a contract pur13 suant to such a grant is made to an organization to 

14 perform services that benefit more than one Indian 

15 tribe, the approval of each Indian tribe to be bene16 fited shall be a prerequisite to the making of the 

17 grant or letting of the contract; 

18 ‘‘(3) assisting in the development of Federal 

19 policy, protocols, and guidelines on matters relating 

20 to domestic violence, dating violence, sexual assault, 

21 and stalking against members of Indian tribes; 

22 ‘‘(4) advising the Director of the Office on Vio23 lence Against Women concerning policies, legislation, 

24 implementation of laws, and other issues relating to 

25 domestic violence, dating violence, sexual assault, 

26 and stalking against members of Indian tribes; 
323

•HR 3402 IH 

1 ‘‘(5) representing the Office on Violence 

2 Against Women in the annual consultations under 

3 section 1002 of the Violence Against Women Reau4 thorization Act of 2005; 

5 ‘‘(6) providing assistance to the Department of 

6 Justice to develop policy and to enforce Federal law 

7 relating to domestic violence, dating violence, sexual 

8 assault, and stalking against members of Indian 

9 tribes; 

10 ‘‘(7) maintaining a liaison with the judicial 

11 branches of Federal, State and tribal governments 

12 on matters relating to domestic violence, dating vio13 lence, sexual assault, and stalking against members 

14 of Indian tribes; and 

15 ‘‘(8) ensuring that adequate tribal training, 

16 technical assistance, and data collection is made 

17 available to Indian tribes, tribal courts, tribal orga18 nizations, and tribal nonprofit organizations for all 

19 programs relating to domestic violence, dating vio20 lence, sexual assault, and stalking against members 

21 of Indian tribes. 

22 ‘‘(b) AUTHORITY.—

23 ‘‘(1) IN GENERAL.—The Director shall ensure 

24 that a portion of the tribal set-aside funds from any 

25 grant awarded under the Violence Against Women 
324

•HR 3402 IH 

1 Act of 1994 (title IV of Public Law 103–322) or the 

2 Violence Against Women Act of 2000 (division B of 

3 Public Law 106–386) is used to enhance the capac4 ity of Indian tribes to address the safety of members 

5 of Indian tribes. 

6 ‘‘(2) ACCOUNTABILITY.—The Director shall en7 sure that some portion of the tribal set-aside funds 

8 from any grant made under this part is used to hold 

9 offenders accountable through—

10 ‘‘(A) enhancement to the response of In11 dian tribes to crimes of domestic violence, dat12 ing violence, sexual assault, and stalking 

13 against Indian women, including legal services 

14 for victims and Indian-specific offender pro15 grams; 

16 ‘‘(B) development and maintenance of trib17 al domestic violence shelters or programs for 

18 battered members of Indian tribes, including 

19 sexual assault services, that are based upon the 

20 unique circumstances of the members of Indian 

21 tribes to be served; 

22 ‘‘(C) development of tribal educational 

23 awareness programs and materials; 

24 ‘‘(D) support for customary tribal activities 

25 to strengthen the intolerance of an Indian tribe 
325

•HR 3402 IH 

1 to violence against memberes of Indian tribes; 

2 and 

3 ‘‘(E) development, implementation, and 

4 maintenance of tribal electronic databases for 

5 tribal protection order registries. 

6 ‘‘SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS 

7 PROGRAM. 

8 ‘‘(a) ESTABLISHMENT.—

9 ‘‘(1) IN GENERAL.—Of the amounts set aside 

10 for Indian tribes and tribal organizations in a pro11 gram referred to in paragraph (2), the Attorney 

12 General, through the Director of the Office of Vio13 lence Against Women (referred to in this section as 

14 the ‘‘Director’’), shall take such setasides and com15 bine them to establish the Safety for Indian Women 

16 Formula Grants Program, a single formula grant 

17 program to enhance the response of Indian tribal 

18 governments to address the safety of members of In19 dian tribes. Grants made under this program shall 

20 be administered by the Tribal Division of the Office 

21 on Violence Against Women. 

22 ‘‘(2) PROGRAMS COVERED.—The programs cov23 ered by paragraph (1) are the programs carried out 

24 under the following provisions: 
326

•HR 3402 IH 

1 ‘‘(A) Section 2007 (42 U.S.C. 3796gg–1), 

2 Grants to Combat Violent Crimes Against 

3 Women. 

4 ‘‘(B) Section 2101 (42 U.S.C. 3796hh), 

5 Grants to Encourage Arrest Policies. 

6 ‘‘(C) Section 1201 of the Violence Against 

7 Women Act of 2000 (42 U.S.C. 3796gg-6), 

8 Legal Assistance for Vicitms. 

9 ‘‘(D) Section 1301 of the Violence Against 

10 Women Act of 2000 (42 U.S.C. 10420), Safe 

11 Havens for Children Pilot Program. 

12 ‘‘(E) Section 40295 of the Violence 

13 Against Women Act of 1994 (42 U.S.C. 

14 13971), Rural Domestic Violence and Child 

15 Abuser Enforcement Assistance. 

16 ‘‘(F) Section 41002 of the Violence 

17 Against Women Act of 1994, Grants for Court 

18 Training and Improvements. 

19 ‘‘(b) PURPOSE OF PROGRAM AND GRANTS.—

20 ‘‘(1) GENERAL PROGRAM PURPOSE.—The pur21 pose of the program required by this section is to as22 sist Indian tribal governments to develop and en23 hance effective governmental strategies to curtail 

24 violent crimes against and increase the safety of 
327

•HR 3402 IH 

1 members of Indian tribes consistent with tribal law 

2 and custom, specifically the following: 

3 ‘‘(A) To increase tribal capacity to respond 

4 to domestic violence, dating violence, sexual as5 sault, and stalking crimes against members of 

6 Indian tribes. 

7 ‘‘(B) To strengthen tribal justice interven8 tions including tribal law enforcement, prosecu9 tion, courts, probation, correctional facilities; 

10 and enhance services to members of Indian 

11 tribes victimized by domestic violence, dating vi12 olence, sexual assault, and stalking. 

13 ‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE

14 USED.—The Director may make grants to Indian 

15 tribes for the purpose of enhancing participating 

16 tribes’ capacity to address the safety of members of 

17 Indian tribes. Each participating tribe shall exercise 

18 its right of self-determination and self-governance in 

19 allocating and using funds made available under the 

20 program. Each participating tribe may use funds 

21 under the program to support its specific tribally 

22 based response to increasing the safety of members 

23 of Indian tribes. Grants under the program shall 

24 support the governmental efforts identified by the 

25 Indian tribe required according to its distinctive 
328

•HR 3402 IH 

1 ways of life to increase the safety of members of In2 dian tribes from crimes of sexual assault, domestic 

3 violence, dating violence, stalking, kidnapping, and 

4 murder. 

5 ‘‘(c) DISBURSEMENT.—Not later than 120 days after 

6 the receipt of an application under this section, the Attor7 ney General, through the Director, shall—

8 ‘‘(1) disburse the appropriate sums provided for 

9 under this section; or 

10 ‘‘(2) inform the Indian tribe why the applica11 tion does not conform to the terms of the application 

12 requirements. 

13 ‘‘(d) REQUIRED PROCEDURES.—

14 ‘‘(1) DEADLINE TO PROVIDE NOTICE.—No later 

15 than 60 days after receiving an appropriation of 

16 funds supporting the program required by this sec17 tion, Director shall—

18 ‘‘(A) publish in the Federal Register notifi19 cation of—

20 ‘‘(i) the availability of those funds to 

21 Indian tribes; 

22 ‘‘(ii) the total amount of funds avail23 able; and 

24 ‘‘(iii) the process by which tribes may 

25 participate in the program; and 
329

•HR 3402 IH 

1 ‘‘(B) mail each Indian tribe a notification 

2 of the matters required by subparagraph (A), 

3 together with instructions on the process, copies 

4 of application forms, and a notification of the 

5 deadline for submission of an application. 

6 ‘‘(2) DEADLINE TO MAKE FUNDS AVAILABLE.—

7 No later than 180 days after receiving an appropria8 tion referred to in paragraph (1), the Director shall 

9 distribute and make accessible those funds to Indian 

10 tribes opting to participate in the program. 

11 ‘‘(3) FORMULA.—The Director shall distribute 

12 those funds according to the following formula: —

13 ‘‘(A) 60 percent of the available funds 

14 shall be allocated equally to all Indian tribes 

15 who exercise the option to access the funds, 

16 ‘‘(B) The remaining 40 percent shall be al17 located to the same Indian tribes on a per cap18 ita basis, according to the population residing 

19 in the respective Indian tribe’s service area. 

20 ‘‘(4) SET-ASIDE.—No later than 120 days after 

21 receiving an appropriation referred to in paragraph 

22 (1), the Director shall set aside not less than 5 per23 cent and up to 7 percent of the total amount of 

24 those funds for the purpose of entering into a coop25 erative agreement or contract with one or more trib-
330

•HR 3402 IH 

1 al organizations with demonstrated expertise in pro2 viding training and technical assistance to Indian 

3 tribes in addressing domestic violence, dating vio4 lence, sexual assault, and stalking against members 

5 of Indian tribes, tribal law, and customary pratices. 

6 At least one of the cooperative agreements or con7 tracts shall be entered into with a single tribal orga8 nization to provide comprehensive technical assist9 ance to participating tribal governments. Such train10 ing and technical assistance shall be specifically de11 signed to address the unique legal unique legal sta12 tus, distinct cultural ways of life, and geographic cir13 cumstances of the Indian tribes receiving funds 

14 under the program. 

15 ‘‘(e) RECIPIENT REQUIREMENTS.—

16 ‘‘(1) IN GENERAL.—Indian tribes may receive 

17 funds under the program required by this section as 

18 individual tribes or as a consortium of tribes. 

19 ‘‘(2) SUBGRANTS AND OTHER ARRANGE20 MENTS.—Participating tribes may make subgrants 

21 or enter into contracts or cooperative agreements 

22 with the funds under the program to enhance the 

23 safety of, and end domestic violence, dating violence, 

24 sexual assault, and stalking against, members of In25 dian tribes. 
331

•HR 3402 IH 

1 ‘‘(3) SET ASIDE.—Participating tribes must set 

2 aside no less than 40 percent of their total allocation 

3 under this section for tribally specific domestic vio4 lence, dating violence, sexual assault, or stalking vic5 tim services and advocacy for members of Indian 

6 tribes. The services supported with funds under the 

7 program must be designed to address the unique cir8 cumstances of the individuals to be served, including 

9 the customary practices and linguistic needs of the 

10 individuals within the tribal community to be served. 

11 Tribes shall give preference to tribal organizations 

12 or tribal nonprofit organizations providing advocacy 

13 services to members of Indian tribes within the com14 munity to be served such as a safety center or shel15 ter program for members of Indian tribes. In the 

16 case where the above organizations do not exist 

17 within the participating tribe, the participation and 

18 support from members of Indian tribes in the com19 munity to be served is sufficient to meet this re20 quirement. 

21 ‘‘(f) ADMINISTRATION REQUIREMENTS.—

22 ‘‘(1) APPLICATION.—To reduce the administra23 tive burden for Indian tribes, the Director shall pre24 pare an expedited application process for Indian 

25 tribes participating in the program required by this 
332

•HR 3402 IH 

1 section. The expedited process shall facilitate partici2 pating tribes’ submission of information—

3 ‘‘(A) outlining project activities; 

4 ‘‘(B) describing how the project activities 

5 will enhance the Indian tribe’s response to do6 mestic violence, dating violence, sexual assault, 

7 and stalking against members of Indian tribes; 

8 and 

9 ‘‘(C) identifying the tribal partner pro10 viding advocacy and related services for mem11 bers of Indian tribes who are victims of crimes 

12 of domestic violence, dating violence, sexual as13 sault, and stalking. 

14 ‘‘(2) REPORTING AND EVALUATION.—The Di15 rector shall alleviate administrative burdens upon 

16 participating Indian tribes by—

17 ‘‘(A) developing a reporting and evaluation 

18 process relevant to the distinct governance of 

19 Indian tribes; 

20 ‘‘(B) requiring only essential data to be 

21 collected; and 

22 ‘‘(C) limiting reporting to an annual basis. 

23 ‘‘(3) GRANT PERIOD.—The Director shall 

24 award grants for a two-year period, with a possible 
333

•HR 3402 IH 

1 extension of another two years to implement projects 

2 under the grant. 

3 ‘‘(g) PRESUMPTION THAT MATCHING FUNDS NOT

4 REQUIRED.—

5 ‘‘(1) IN GENERAL.—Given the unique political 

6 relationship between the United States and Indian 

7 tribes differentiates tribes from other entities that 

8 deal with or are affected by, the Federal Govern9 ment, the Director shall not require an Indian tribe 

10 to match funds under this section, except as pro11 vided in paragraph (2). 

12 ‘‘(2) EXCEPTION.—If the Director determines 

13 that an Indian tribe has adequate resources to com14 ply with a matching requirement that would other15 wise apply but for the operation of paragraph (1), 

16 the Director may waive the operation of paragraph 

17 (1) for that tribe. 

18 ‘‘(h) EVALUATION.—The Director shall award a con19 tract or cooperative agreement to evaluate programs under 

20 this section to an entity with the demonstrated expertise 

21 in domestic violence, dating violence, sexual assault, and 

22 stalking and knowledge and experience in—

23 ‘‘(1) the development and delivery of services to 

24 members of Indian tribes who are victimized; 
334

•HR 3402 IH 

1 ‘‘(2) the development and implementation of 

2 tribal governmental responses to such crimes; and 

3 ‘‘(3) the traditional and customary practices of 

4 Indian tribes to such crimes.’’. 

5 SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF 

6 PROSECUTION OF SEXUAL ASSAULT AND DO7 MESTIC VIOLENCE ON TRIBAL LANDS. 

8 (a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of this section, the Comptroller General 

10 of the United States shall submit to the Congress a report 

11 on the prosecution of sexual assault and domestic violence 

12 committed against adult American Indians and Alaska 

13 Natives. 

14 (b) CONTENTS OF REPORT.—The report required by 

15 subsection (a) shall include the following: 

16 (1) An assessment of the effectiveness of pros17 ecution of such cases by the United States district 

18 attorneys of such cases. 

19 (2) For each district containing Indian country, 

20 a summary of the number of sexual assault and do21 mestic violence related cases within Federal criminal 

22 jurisdiction and charged according to the following 

23 provisions of title 18, United States Code: Sections 

24 1153, 1152, 113, 2261(a)(1)(2), 2261A(1), 

25 2261A(2), 2261(a)(1)(2), and 922(g)(8). 
335

•HR 3402 IH 

1 (3) A summary of the number of—

2 (A) reports received; 

3 (B) investigations conducted; 

4 (C) declinations and basis for declination; 

5 (D) prosecutions, including original charge 

6 and final disposition; 

7 (E) sentences imposed upon conviction; 

8 and 

9 (F) male victims, female victims, Indian 

10 defendants, and non-Indian defendants. 

11 (3) The priority assigned by the district to the 

12 prosecution of such cases and the percentage of such 

13 cases prosecuted to total cases prosecuted. 

14 (4) Any recommendations by the Comptroller 

15 General for improved Federal prosecution of such 

16 cases. 

17 (c) YEARS COVERED.—The report required by this 

18 section shall cover the years 2000 through 2005.

Æ