In the Senate of the United States,

December 16, 2005.

Resolved, That the bill from the House of Representatives (H.R. 3402) entitled ‘‘An Act to authorize appropriations for the Department of Justice for fiscal years 2006

through 2009, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Violence Against Women

3 and Department of Justice Reauthorization Act of 2005’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Universal definitions and grant provisions.

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS

TO COMBAT VIOLENCE AGAINST WOMEN

Sec. 101. Stop grants improvements.

Sec. 102. Grants to encourage arrest and enforce protection orders improvements.

Sec. 103. Legal Assistance for Victims improvements.

Sec. 104. Ensuring crime victim access to legal services.

Sec. 105. The Violence Against Women Act court training and improvements.

Sec. 106. Full faith and credit improvements.

Sec. 107. Privacy protections for victims of domestic violence, dating violence,

sexual violence, and stalking.

Sec. 108. Sex offender management.

Sec. 109. Stalker database.

Sec. 110. Federal victim assistants reauthorization.

Sec. 111. Grants for law enforcement training programs.

Sec. 112. Reauthorization of the court-appointed special advocate program.

Sec. 113. Preventing cyberstalking.

Sec. 114. Criminal provision relating to stalking.

Sec. 115. Repeat offender provision.

Sec. 116. Prohibiting dating violence.

Sec. 117. Prohibiting violence in special maritime and territorial jurisdiction.

Sec. 118. Updating protection order definition.

Sec. 119. GAO study and report.

Sec. 120. Grants for outreach to underserved populations.

Sec. 121. Enhancing culturally and linguistically specific services for victims of

domestic violence, dating violence, sexual assault, and stalking.

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

Sec. 201. Findings.

Sec. 202. Sexual assault services program.

Sec. 203. Amendments to the Rural Domestic Violence and Child Abuse Enforcement Assistance Program.

Sec. 204. Training and services to end violence against women with disabilities.

Sec. 205. Training and services to end violence against women in later life.

Sec. 206. Strengthening the National Domestic Violence Hotline.

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG

VICTIMS OF VIOLENCE

Sec. 301. Findings.

Sec. 302. Rape prevention and education.

Sec. 303. Services, education, protection, and justice for young victims of violence.

Sec. 304. Grants to combat violent crimes on campuses.

Sec. 305. Juvenile justice.

Sec. 306. Safe havens.
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TITLE IV—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING

VIOLENCE

Sec. 401. Preventing violence against women and children.

Sec. 403. Public Awareness Campaign.

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

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT, AND STALKING

Sec. 501. Findings.

Sec. 502. Purpose.

Sec. 503. Training and education of health professionals in domestic and sexual

violence.

Sec. 504. Grants to foster public health responses to domestic violence, dating violence, sexual assault, and stalking grants.

Sec. 505. Research on effective interventions in the healthcare setting.

TITLE VI—HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED

WOMEN AND CHILDREN

Sec. 601. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.

Sec. 602. Transitional housing assistance grants for victims of domestic violence,

dating violence, sexual assault, or stalking.

Sec. 603. Public housing authority plans reporting requirement.

Sec. 604. Housing strategies.

Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.

Sec. 606. Amendments to the low-income housing assistance voucher program.

Sec. 607. Amendments to the public housing program.

TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF

VIOLENCE

Sec. 701. Grant for National Resource Center on Workplace Responses to assist

victims of domestic and sexual violence.

TITLE VIII—PROTECTION OF BATTERED AND TRAFFICKED

IMMIGRANTS

Subtitle A—Victims of Crime

Sec. 801. Treatment of spouse and children of victims.

Sec. 802. Presence of victims of a severe form of trafficking in persons.

Sec. 803. Adjustment of status.

Sec. 804. Protection and assistance for victims of trafficking.

Sec. 805. Protecting victims of child abuse.

Subtitle B—VAWA Self-Petitioners

Sec. 811. Definition of VAWA self-petitioner.

Sec. 812. Application in case of voluntary departure.

Sec. 813. Removal proceedings.

Sec. 814. Eliminating abusers’ control over applications and limitation on petitioning for abusers.

Sec. 815. Application for VAWA-related relief.

Sec. 816. Self-petitioning parents.
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Sec. 817. VAWA confidentiality nondisclosure.

Subtitle C—Miscellaneous Amendments

Sec. 821. Duration of T and U visas.

Sec. 822. Technical correction to references in application of special physical

presence and good moral character rules.

Sec. 823. Petitioning rights of certain former spouses under Cuban adjustment.

Sec. 824. Self-petitioning rights of HRIFA applicants.

Sec. 825. Motions to reopen.

Sec. 826. Protecting abused juveniles.

Sec. 827. Protection of domestic violence and crime victims from certain disclosures of information.

Sec. 828. Rulemaking.

Subtitle D—International Marriage Broker Regulation

Sec. 831. Short title.

Sec. 832. Access to VAWA protection regardless of manner of entry.

Sec. 833. Domestic violence information and resources for immigrants and regulation of international marriage brokers.

Sec. 834. Sharing of certain information.

TITLE IX—SAFETY FOR INDIAN WOMEN

Sec. 901. Findings.

Sec. 902. Purposes.

Sec. 903. Consultation.

Sec. 904. Analysis and research on violence against Indian women.

Sec. 905. Tracking of violence against Indian women.

Sec. 906. Grants to Indian tribal governments.

Sec. 907. Tribal deputy in the Office on Violence Against Women.

Sec. 908. Enhanced criminal law resources.

Sec. 909. Domestic assault by an habitual offender.

TITLE X—DNA FINGERPRINTING

Sec. 1001. Short title.

Sec. 1002. Use of opt-out procedure to remove samples from national DNA index.

Sec. 1003. Expanded use of CODIS grants.

Sec. 1004. Authorization to conduct DNA sample collection from persons arrested

or detained under Federal authority.

Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.

TITLE XI—DEPARTMENT OF JUSTICE REAUTHORIZATION

Subtitle A—AUTHORIZATION OF APPROPRIATIONS

Sec. 1101. Authorization of appropriations for fiscal year 2006.

Sec. 1102. Authorization of appropriations for fiscal year 2007.

Sec. 1103. Authorization of appropriations for fiscal year 2008.

Sec. 1104. Authorization of appropriations for fiscal year 2009.

Sec. 1105. Organized retail theft.

Sec. 1106. United States-Mexico Border Violence Task Force.

Sec. 1107. National Gang Intelligence Center.
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Subtitle B—IMPROVING THE DEPARTMENT OF JUSTICE’S GRANT

PROGRAMS

CHAPTER 1—ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE

AGENCIES

Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block

Grant Program.

Sec. 1112. Clarification of number of recipients who may be selected in a given

year to receive Public Safety Officer Medal of Valor.

Sec. 1113. Clarification of official to be consulted by Attorney General in considering application for emergency Federal law enforcement assistance.

Sec. 1114. Clarification of uses for regional information sharing system grants.

Sec. 1115. Integrity and enhancement of national criminal record databases.

Sec. 1116. Extension of matching grant program for law enforcement armor vests.

CHAPTER 2—BUILDING COMMUNITY CAPACITY TO PREVENT, REDUCE, AND

CONTROL CRIME

Sec. 1121. Office of Weed and Seed Strategies.

CHAPTER 3—ASSISTING VICTIMS OF CRIME

Sec. 1131. Grants to local nonprofit organizations to improve outreach services to

victims of crime.

Sec. 1132. Clarification and enhancement of certain authorities relating to crime

victims fund.

Sec. 1133. Amounts received under crime victim grants may be used by State for

training purposes.

Sec. 1134. Clarification of authorities relating to Violence Against Women formula and discretionary grant programs.

Sec. 1135. Change of certain reports from annual to biennial.

Sec. 1136. Grants for young witness assistance.

CHAPTER 4—PREVENTING CRIME

Sec. 1141. Clarification of definition of violent offender for purposes of juvenile

drug courts.

Sec. 1142. Changes to distribution and allocation of grants for drug courts.

Sec. 1143. Eligibility for grants under drug court grants program extended to

courts that supervise non-offenders with substance abuse problems.

Sec. 1144. Term of Residential Substance Abuse Treatment program for local facilities.

Sec. 1145. Enhanced residential substance abuse treatment program for State

prisoners.

Sec. 1146. Residential Substance Abuse Treatment Program for Federal facilities.

CHAPTER 5—OTHER MATTERS

Sec. 1151. Changes to certain financial authorities.

Sec. 1152. Coordination duties of Assistant Attorney General.

Sec. 1153. Simplification of compliance deadlines under sex-offender registration

laws.

Sec. 1154. Repeal of certain programs.

Sec. 1155. Elimination of certain notice and hearing requirements.
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Sec. 1156. Amended definitions for purposes of Omnibus Crime Control and Safe

Streets Act of 1968.

Sec. 1157. Clarification of authority to pay subsistence payments to prisoners for

health care items and services.

Sec. 1158. Office of Audit, Assessment, and Management.

Sec. 1159. Community Capacity Development Office.

Sec. 1160. Office of Applied Law Enforcement Technology.

Sec. 1161. Availability of funds for grants.

Sec. 1162. Consolidation of financial management systems of Office of Justice

Programs.

Sec. 1163. Authorization and change of COPS program to single grant program.

Sec. 1164. Clarification of persons eligible for benefits under public safety officers’

death benefits programs.

Sec. 1165. Pre-release and post-release programs for juvenile offenders.

Sec. 1166. Reauthorization of juvenile accountability block grants.

Sec. 1167. Sex offender management.

Sec. 1168. Evidence-based approaches.

Sec. 1169. Reauthorization of matching grant program for school security.

Sec. 1170. Technical amendments to Aimee’s Law.

Subtitle C—MISCELLANEOUS PROVISIONS

Sec. 1171. Technical amendments relating to Public Law 107–56.

Sec. 1172. Miscellaneous technical amendments.

Sec. 1173. Use of Federal training facilities.

Sec. 1174. Privacy officer.

Sec. 1175. Bankruptcy crimes.

Sec. 1176. Report to Congress on status of United States persons or residents detained on suspicion of terrorism.

Sec. 1177. Increased penalties and expanded jurisdiction for sexual abuse offenses

in correctional facilities.

Sec. 1178. Expanded jurisdiction for contraband offenses in correctional facilities.

Sec. 1179. Magistrate judge’s authority to continue preliminary hearing.

Sec. 1180. Technical corrections relating to steroids.

Sec. 1181. Prison Rape Commission extension.

Sec. 1182. Longer statute of limitation for human trafficking-related offenses.

Sec. 1183. Use of Center for Criminal Justice Technology.

Sec. 1184. SEARCH Grants.

Sec. 1185. Reauthorization of Law Enforcement Tribute Act.

Sec. 1186. Amendment regarding bullying and gangs.

Sec. 1187. Transfer of provisions relating to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Sec. 1188. Reauthorize the Gang Resistance Education and Training Projects

Program.

Sec. 1189. National Training Center.

Sec. 1190. Sense of Congress relating to ‘‘good time’’ release.

Sec. 1191. Public employee uniforms.

Sec. 1192. Officially approved postage.

Sec. 1193. Authorization of additional appropriations.

Sec. 1194. Assistance to courts.

Sec. 1195. Study and report on correlation between substance abuse and domestic

violence at domestic violence shelters.

Sec. 1196. Reauthorization of State Criminal Alien Assistance Program.

Sec. 1197. Extension of Child Safety Pilot Program.
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Sec. 1198. Transportation and subsistence for special sessions of District Courts.

Sec. 1199. Youth Violence Reduction Demonstration Projects.

1 SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS.

2 (a) IN GENERAL.—The Violence Against Women Act

3 of 1994 (108 Stat. 1902 et seq.) is amended by adding after

4 section 40001 the following:

5 ‘‘SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.

6 ‘‘(a) DEFINITIONS.—In this title:

7 ‘‘(1) COURTS.—The term ‘courts’ means any

8 civil or criminal, tribal, and Alaskan Village, Fed9 eral, State, local or territorial court having jurisdic10 tion to address domestic violence, dating violence, sex11 ual assault or stalking, including immigration, fam12 ily, juvenile, and dependency courts, and the judicial

13 officers serving in those courts, including judges, mag14 istrate judges, commissioners, justices of the peace, or

15 any other person with decisionmaking authority.

16 ‘‘(2) CHILD ABUSE AND NEGLECT.—The term

17 ‘child abuse and neglect’ means any recent act or fail18 ure to act on the part of a parent or caregiver with

19 intent to cause death, serious physical or emotional

20 harm, sexual abuse, or exploitation, or an act or fail21 ure to act which presents an imminent risk of serious

22 harm. This definition shall not be construed to mean

23 that failure to leave an abusive relationship, in the
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1 absence of other action constituting abuse or neglect,

2 is itself abuse or neglect.

3 ‘‘(3) COMMUNITY-BASED ORGANIZATION.—The

4 term ‘community-based organization’ means an orga5 nization that—

6 ‘‘(A) focuses primarily on domestic violence,

7 dating violence, sexual assault, or stalking;

8 ‘‘(B) has established a specialized culturally

9 specific program that addresses domestic vio10 lence, dating violence, sexual assault, or 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 domes17 tic violence, dating violence, sexual assault, and

18 stalking through collaboration.

19 ‘‘(4) CHILD MALTREATMENT.—The term ‘child

20 maltreatment’ means the physical or psychological

21 abuse or neglect of a child or youth, including sexual

22 assault and abuse.

23 ‘‘(5) COURT-BASED AND COURT-RELATED PER24 SONNEL.—The term ‘court-based’ and ‘court-related
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1 personnel’ mean persons working in the court, wheth2 er paid or volunteer, including—

3 ‘‘(A) clerks, special masters, domestic rela4 tions officers, administrators, mediators, custody

5 evaluators, guardians ad litem, lawyers, nego6 tiators, probation, parole, interpreters, victim as7 sistants, victim advocates, and judicial, adminis8 trative, or any other professionals or personnel

9 similarly involved in the legal process;

10 ‘‘(B) court security personnel;

11 ‘‘(C) personnel working in related, supple12 mentary offices or programs (such as child sup13 port enforcement); and

14 ‘‘(D) any other court-based or community15 based personnel having responsibilities or au16 thority to address domestic violence, dating vio17 lence, sexual assault, or stalking in the court sys18 tem.

19 ‘‘(6) DOMESTIC VIOLENCE.—The term ‘domestic

20 violence’ includes felony or misdemeanor crimes of vi21 olence committed by a current or former spouse of the

22 victim, by a person with whom the victim shares a

23 child in common, by a person who is cohabitating

24 with or has cohabitated with the victim as a spouse,

25 by a person similarly situated to a spouse of the vic-
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1 tim under the domestic or family violence laws of the

2 jurisdiction receiving grant monies, or by any other

3 person against an adult or youth victim who is pro4 tected from that person’s acts under the domestic or

5 family violence laws of the jurisdiction.

6 ‘‘(7) DATING PARTNER.—The term ‘dating part7 ner’ refers to a person who is or has been in a social

8 relationship of a romantic or intimate nature with

9 the abuser, and where the existence of such a relation10 ship shall be determined based on a consideration

11 of—

12 ‘‘(A) the length of the relationship;

13 ‘‘(B) the type of relationship; and

14 ‘‘(C) the frequency of interaction between

15 the persons involved in the relationship.

16 ‘‘(8) DATING VIOLENCE.—The term ‘dating vio17 lence’ means violence committed by a person—

18 ‘‘(A) who is or has been in a social relation19 ship of a romantic or intimate nature with the

20 victim; and

21 ‘‘(B) where the existence of such a relation22 ship shall be determined based on a consider23 ation of the following factors:

24 ‘‘(i) The length of the relationship.

25 ‘‘(ii) The type of relationship.
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1 ‘‘(iii) The frequency of interaction be2 tween the persons involved in the relation3 ship.

4 ‘‘(9) ELDER ABUSE.—The term ‘elder abuse’

5 means any action against a person who is 50 years

6 of age or older that constitutes the willful—

7 ‘‘(A) infliction of injury, unreasonable con8 finement, intimidation, or cruel punishment

9 with resulting physical harm, pain, or mental

10 anguish; or

11 ‘‘(B) deprivation by a person, including a

12 caregiver, of goods or services with intent to

13 cause physical harm, mental anguish, or mental

14 illness.

15 ‘‘(10) INDIAN.—The term ‘Indian’ means a

16 member of an Indian tribe.

17 ‘‘(11) INDIAN COUNTRY.—The term ‘Indian

18 country’ has the same meaning given such term in

19 section 1151 of title 18, United States Code.

20 ‘‘(12) INDIAN HOUSING.—The term ‘Indian hous21 ing’ means housing assistance described in the Native

22 American Housing Assistance and Self-Determination

23 Act of 1996 (25 U.S.C. 4101 et seq., as amended).

24 ‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’

25 means a tribe, band, pueblo, nation, or other orga-
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1 nized group or community of Indians, including any

2 Alaska Native village or regional or village corpora3 tion (as defined in, or established pursuant to, the

4 Alaska Native Claims Settlement Act (43 U.S.C. 1601

5 et seq.)), that is recognized as eligible for the special

6 programs and services provided by the United States

7 to Indians because of their status as Indians.

8 ‘‘(14) INDIAN LAWENFORCEMENT.—The term

9 ‘Indian law enforcement’ means the departments or

10 individuals under the direction of the Indian tribe

11 that maintain public order.

12 ‘‘(15) LAWENFORCEMENT.—The term ‘law en13 forcement’ means a public agency charged with polic14 ing functions, including any of its component bureaus

15 (such as governmental victim services programs), in16 cluding those referred to in section 3 of the Indian

17 Enforcement Reform Act (25 U.S.C. 2802).

18 ‘‘(16) LEGAL ASSISTANCE.—The term ‘legal as19 sistance’ includes assistance to adult and youth vic20 tims of domestic violence, dating violence, sexual as21 sault, and stalking in—

22 ‘‘(A) family, tribal, territorial, immigra23 tion, employment, administrative agency, hous24 ing matters, campus administrative or protec-
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1 tion or stay away order proceedings, and other

2 similar matters; and

3 ‘‘(B) criminal justice investigations, pros4 ecutions and post-trial matters (including sen5 tencing, parole, and probation) that impact the

6 victim’s safety and privacy.

7 ‘‘(17) LINGUISTICALLY AND CULTURALLY SPE8 CIFIC SERVICES.—The term ‘linguistically and cul9 turally specific services’ means community-based serv10 ices that offer full linguistic access and culturally spe11 cific services and resources, including outreach, col12 laboration, and support mechanisms primarily di13 rected toward underserved communities.

14 ‘‘(18) 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,

21 including—

22 ‘‘(A) a first and last name;

23 ‘‘(B) a home or other physical address;
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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 religious

7 affiliation, that, in combination with any of sub8 paragraphs (A) through (D), would serve to

9 identify any individual.

10 ‘‘(19) 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 ‘‘(20) 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
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1 independent action or as a pendente lite order in

2 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 issued

8 as part of a protection order, restraining order,

9 or stay away injunction pursuant to State, trib10 al, territorial, or local law authorizing the

11 issuance of protection orders, restraining orders,

12 or injunctions for the protection of victims of do13 mestic violence, dating violence, sexual assault,

14 or stalking.

15 ‘‘(21) RURAL AREA AND RURAL COMMUNITY.—

16 The term ‘rural area’ and ‘rural community’ mean—

17 ‘‘(A) any area or community, respectively,

18 no part of which is within an area designated as

19 a standard metropolitan statistical area by the

20 Office of Management and Budget; or

21 ‘‘(B) any area or community, respectively,

22 that is—

23 ‘‘(i) within an area designated as a

24 metropolitan statistical area or considered
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1 as part of a metropolitan statistical area;

2 and

3 ‘‘(ii) located in a rural census tract.

4 ‘‘(22) RURAL STATE.—The term ‘rural State’

5 means a State that has a population density of 52 or

6 fewer persons per square mile or a State in which the

7 largest county has fewer than 150,000 people, based

8 on the most recent decennial census.

9 ‘‘(23) SEXUAL ASSAULT.—The term ‘sexual as10 sault’ means any conduct prescribed by chapter 109A

11 of title 18, United States Code, whether or not the

12 conduct occurs in the special maritime and territorial

13 jurisdiction of the United States or in a Federal pris14 on and includes both assaults committed by offenders

15 who are strangers to the victim and assaults com16 mitted by offenders who are known or related by blood

17 or marriage to the victim.

18 ‘‘(24) STALKING.—The term ‘stalking’ means en19 gaging in a course of conduct directed at a specific

20 person that would cause a reasonable person to—

21 ‘‘(A) fear for his or her safety or the safety

22 of others; or

23 ‘‘(B) suffer substantial emotional distress.

24 ‘‘(25) STATE.—The term ‘State’ means each of

25 the several States and the District of Columbia, and
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1 except as otherwise provided, the Commonwealth of

2 Puerto Rico, Guam, American Samoa, the Virgin Is3 lands, and the Northern Mariana Islands.

4 ‘‘(26) STATE DOMESTIC VIOLENCE COALITION.—

5 The term ‘State domestic violence coalition’ means a

6 program determined by the Administration for Chil7 dren and Families under the Family Violence Preven8 tion and Services Act (42 U.S.C. 10410(b)).

9 ‘‘(27) STATE SEXUAL ASSAULT COALITION.—The

10 term ‘State sexual assault coalition’ means a program

11 determined by the Center for Injury Prevention and

12 Control of the Centers for Disease Control and Pre13 vention under the Public Health Service Act (42

14 U.S.C. 280b et seq.).

15 ‘‘(28) TERRITORIAL DOMESTIC VIOLENCE OR

16 SEXUAL ASSAULT COALITION.—The term ‘territorial

17 domestic violence or sexual assault coalition’ means a

18 program addressing domestic or sexual violence that

19 is—

20 ‘‘(A) an established nonprofit, nongovern21 mental territorial coalition addressing domestic

22 violence or sexual assault within the territory; or

23 ‘‘(B) a nongovernmental organization with

24 a demonstrated history of addressing domestic

25 violence or sexual assault within the territory
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1 that proposes to incorporate as a nonprofit, non2 governmental territorial coalition.

3 ‘‘(29) TRIBAL COALITION.—The term ‘tribal coa4 lition’ means—

5 ‘‘(A) an established nonprofit, nongovern6 mental tribal coalition addressing domestic vio7 lence and sexual assault against American In8 dian or Alaskan Native women; or

9 ‘‘(B) individuals or organizations that pro10 pose to incorporate as nonprofit, nongovern11 mental tribal coalitions to address domestic vio12 lence and sexual assault against American In13 dian or Alaska Native women.

14 ‘‘(30) TRIBAL GOVERNMENT.—The term ‘tribal

15 government’ means—

16 ‘‘(A) the governing body of an Indian tribe;

17 or

18 ‘‘(B) a tribe, band, pueblo, nation, or other

19 organized group or community of Indians, in20 cluding any Alaska Native village or regional or

21 village corporation (as defined in, or established

22 pursuant to, the Alaska Native Claims Settle23 ment Act (43 U.S.C. 1601 et seq.)), that is recog24 nized as eligible for the special programs and
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1 services provided by the United States to Indians

2 because of their status as Indians.

3 ‘‘(31) TRIBAL ORGANIZATION.—The term ‘tribal

4 organization’ means—

5 ‘‘(A) the governing body of any Indian

6 tribe;

7 ‘‘(B) any legally established organization of

8 Indians which is controlled, sanctioned, or char9 tered by such governing body of a tribe or tribes

10 to be served, or which is democratically elected

11 by the adult members of the Indian community

12 to be served by such organization and which in13 cludes the maximum participation of Indians in

14 all phases of its activities; or

15 ‘‘(C) any tribal nonprofit organization.

16 ‘‘(32) UNDERSERVED POPULATIONS.—The term

17 ‘underserved populations’ includes populations under18 served because of geographic location, underserved ra19 cial and ethnic populations, populations underserved

20 because of special needs (such as language barriers,

21 disabilities, alienage status, or age), and any other

22 population determined to be underserved by the Attor23 ney General or by the Secretary of Health and

24 Human Services, as appropriate.
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1 ‘‘(33) VICTIM ADVOCATE.—The term ‘victim ad2 vocate’ means a person, whether paid or serving as a

3 volunteer, who provides services to victims of domestic

4 violence, sexual assault, stalking, or dating violence

5 under the auspices or supervision of a victim services

6 program.

7 ‘‘(34) VICTIM ASSISTANT.—The term ‘victim as8 sistant’ means a person, whether paid or serving as

9 a volunteer, who provides services to victims of domes10 tic violence, sexual assault, stalking, or dating vio11 lence under the auspices or supervision of a court or

12 a law enforcement or prosecution agency.

13 ‘‘(35) VICTIM SERVICES OR VICTIM SERVICE PRO14 VIDER.—The term ‘victim services’ or ‘victim service

15 provider’ means a nonprofit, nongovernmental orga16 nization that assists domestic violence, dating vio17 lence, sexual assault, or stalking victims, including

18 rape crisis centers, domestic violence shelters, faith19 based organizations, and other organizations, with a

20 documented history of effective work concerning do21 mestic violence, dating violence, sexual assault, or

22 stalking.

23 ‘‘(36) YOUTH.—The term ‘youth’ means teen and

24 young adult victims of domestic violence, dating vio25 lence, sexual assault, or stalking.
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1 ‘‘(b) GRANT CONDITIONS.—

2 ‘‘(1) MATCH.—No matching funds shall be re3 quired for a grant or subgrant made under this title

4 for any tribe, territory, victim service provider, or

5 any entity that the Attorney General determines has

6 adequately demonstrated financial need.

7 ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR PRI8 VATE INFORMATION.—

9 ‘‘(A) IN GENERAL.—In order to ensure the

10 safety of adult, youth, and child victims of do11 mestic violence, dating violence, sexual assault,

12 or stalking, and their families, grantees and sub13 grantees under this title shall protect the con14 fidentiality and privacy of persons receiving

15 services.

16 ‘‘(B) NONDISCLOSURE.—Subject to subpara17 graphs (C) and (D), grantees and subgrantees

18 shall not—

19 ‘‘(i) disclose any personally identifying

20 information or individual information col21 lected in connection with services requested,

22 utilized, or denied through grantees’ and

23 subgrantees’ programs; or

24 ‘‘(ii) reveal individual client informa25 tion without the informed, written, reason-
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1 ably time-limited consent of the person (or

2 in the case of an unemancipated minor, the

3 minor and the parent or guardian or in the

4 case of persons with disabilities, the guard5 ian) about whom information is sought,

6 whether for this program or any other Fed7 eral, State, tribal, or territorial grant pro8 gram, except that consent for release may

9 not be given by the abuser of the minor,

10 person with disabilities, or the abuser of the

11 other parent of the minor.

12 ‘‘(C) RELEASE.—If release of information

13 described in subparagraph (B) is compelled by

14 statutory or court mandate—

15 ‘‘(i) grantees and subgrantees shall

16 make reasonable attempts to provide notice

17 to victims affected by the disclosure of infor18 mation; and

19 ‘‘(ii) grantees and subgrantees shall

20 take steps necessary to protect the privacy

21 and safety of the persons affected by the re22 lease of the information.

23 ‘‘(D) INFORMATION SHARING.—Grantees

24 and subgrantees may share—
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1 ‘‘(i) nonpersonally identifying data in

2 the aggregate regarding services to their cli3 ents and nonpersonally identifying demo4 graphic information in order to comply

5 with Federal, State, tribal, or territorial re6 porting, evaluation, or data collection re7 quirements;

8 ‘‘(ii) court-generated information and

9 law-enforcement generated information con10 tained in secure, governmental registries for

11 protection order enforcement purposes; and

12 ‘‘(iii) law enforcement- and prosecu13 tion-generated information necessary for

14 law enforcement and prosecution purposes.

15 ‘‘(E) OVERSIGHT.—Nothing in this para16 graph shall prevent the Attorney General from

17 disclosing grant activities authorized in this Act

18 to the chairman and ranking members of the

19 Committee on the Judiciary of the House of Rep20 resentatives and the Committee on the Judiciary

21 of the Senate exercising Congressional oversight

22 authority. All disclosures shall protect confiden23 tiality and omit personally identifying informa24 tion, including location information about indi25 viduals.
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1 ‘‘(3) APPROVED ACTIVITIES.—In carrying out

2 the activities under this title, grantees and sub3 grantees may collaborate with and provide informa4 tion to Federal, State, local, tribal, and territorial

5 public officials and agencies to develop and imple6 ment policies to reduce or eliminate domestic violence,

7 dating violence, sexual assault, and stalking.

8 ‘‘(4) NON-SUPPLANTATION.—Any Federal funds

9 received under this title shall be used to supplement,

10 not supplant, non-Federal funds that would otherwise

11 be available for activities under this title.

12 ‘‘(5) USE OF FUNDS.—Funds authorized and ap13 propriated under this title may be used only for the

14 specific purposes described in this title and shall re15 main available until expended.

16 ‘‘(6) REPORTS.—An entity receiving a grant

17 under this title shall submit to the disbursing agency

18 a report detailing the activities undertaken with the

19 grant funds, including and providing additional in20 formation as the agency shall require.

21 ‘‘(7) EVALUATION.—Federal agencies disbursing

22 funds under this title shall set aside up to 3 percent

23 of such funds in order to conduct—
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1 ‘‘(A) evaluations of specific programs or

2 projects funded by the disbursing agency under

3 this title or related research; or

4 ‘‘(B) evaluations of promising practices or

5 problems emerging in the field or related re6 search, in order to inform the agency or agencies

7 as to which programs or projects are likely to be

8 effective or responsive to needs in the field.

9 ‘‘(8) NONEXCLUSIVITY.—Nothing in this title

10 shall be construed to prohibit male victims of domes11 tic violence, dating violence, sexual assault, and stalk12 ing from receiving benefits and services under this

13 title.

14 ‘‘(9) PROHIBITION ON TORT LITIGATION.—Funds

15 appropriated for the grant program under this title

16 may not be used to fund civil representation in a

17 lawsuit based on a tort claim. This paragraph should

18 not be construed as a prohibition on providing assist19 ance to obtain restitution in a protection order or

20 criminal case.

21 ‘‘(10) PROHIBITION ON LOBBYING.—Any funds

22 appropriated for the grant program shall be subject to

23 the prohibition in section 1913 of title 18, United

24 States Code, relating to lobbying with appropriated

25 moneys.
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1 ‘‘(11) TECHNICAL ASSISTANCE.—If there is a

2 demonstrated history that the Office on Violence

3 Against Women has previously set aside amounts

4 greater than 8 percent for technical assistance and

5 training relating to grant programs authorized under

6 this title, the Office has the authority to continue set7 ting aside amounts greater than 8 percent.’’.

8 (b) CHANGE OF CERTAIN REPORTS FROM ANNUAL TO

9 BIENNIAL.—

10 (1) STALKING AND DOMESTIC VIOLENCE.—Sec11 tion 40610 of the Violence Against Women Act of

12 1994 (42 U.S.C. 14039) is amended by striking ‘‘The

13 Attorney General shall submit to the Congress an an14 nual report, beginning 1 year after the date of the en15 actment of this Act, that provides’’ and inserting

16 ‘‘Each even-numbered fiscal year, the Attorney Gen17 eral shall submit to the Congress a biennial report

18 that provides’’.

19 (2) SAFE HAVENS FOR CHILDREN.—Section

20 1301(d)(l) of the Victims of Trafficking and Violence

21 Protection Act of 2000 (42 U.S.C. 10420(d)(1)) is

22 amended in the matter preceding subparagraph (A)

23 by striking ‘‘Not later than 1 year after the last day

24 of the first fiscal year commencing on or after the

25 date of enactment of this Act, and not later than 180
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1 days after the last day of each fiscal year thereafter,’’

2 and inserting ‘‘Not later than 1 month after the end

3 of each even-numbered fiscal year,’’.

4 (3) STOP VIOLENCE AGAINST WOMEN FORMULA

5 GRANTS.—Section 2009(b) of the Omnibus Crime

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

7 3796gg–3) is amended by striking ‘‘Not later than’’

8 and all that follows through ‘‘the Attorney General

9 shall submit’’ and inserting the following: ‘‘Not later

10 than 1 month after the end of each even-numbered fis11 cal year, the Attorney General shall submit’’.

12 (4) TRANSITIONAL HOUSING ASSISTANCE GRANTS

13 FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALK14 ING, OR SEXUAL ASSAULT.—Section 40299(f) of the

15 Violence Against Women Act of 1994 (42 U.S.C.

16 13975(f)) is amended by striking ‘‘shall annually pre17 pare and submit to the Committee on the Judiciary

18 of the House of Representatives and the Committee on

19 the Judiciary of the Senate a report that contains a

20 compilation of the information contained in the re21 port submitted under subsection (e) of this section.’’

22 and inserting ‘‘shall prepare and submit to the Com23 mittee on the Judiciary of the House of Representa24 tives and the Committee on the Judiciary of the Sen25 ate a report that contains a compilation of the infor-
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1 mation contained in the report submitted under sub2 section (e) of this section not later than 1 month after

3 the end of each even-numbered fiscal year.’’.

4 (c) DEFINITIONS AND GRANT CONDITIONS IN CRIME

5 CONTROL ACT.—

6 (1) PART T.—Part T of title I of the Omnibus

7 Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3796gg et seq.) is amended by striking section

9 2008 and inserting the following:

10 ‘‘SEC. 2008. DEFINITIONS AND GRANT CONDITIONS.

11 ‘‘In this part the definitions and grant conditions in

12 section 40002 of the Violence Against Women Act of 1994

13 shall apply.’’.

14 (2) PART U.—Section 2105 of the Omnibus

15 Crime Control and Safe Streets Act of 1968 is amend16 ed to read as follows:

17 ‘‘SEC. 2105. DEFINITIONS AND GRANT CONDITIONS.

18 ‘‘In this part the definitions and grant conditions in

19 section 40002 of the Violence Against Women Act of 1994

20 shall apply.’’.

21 (d) DEFINITIONS AND GRANT CONDITIONS IN 2000

22 ACT.—Section 1002 of the Violence Against Women Act of

23 2000 (42 U.S.C. 3796gg–2 note) is amended to read as fol24 lows:
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1 ‘‘SEC. 1002. DEFINITIONS AND GRANT CONDITIONS.

2 ‘‘In this division the definitions and grant conditions

3 in section 40002 of the Violence Against Women Act of 1994

4 shall apply.’’.

5 TITLE I—ENHANCING JUDICIAL

6 AND LAW ENFORCEMENT

7 TOOLS TO COMBAT VIOLENCE

8 AGAINST WOMEN

9 SEC. 101. STOP GRANTS IMPROVEMENTS.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

11 1001(a)(18) of title I of the Omnibus Crime Control and

12 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is amend13 ed by striking ‘‘$185,000,000 for each of fiscal years 2001

14 through 2005’’ and inserting ‘‘$225,000,000 for each of fis15 cal years 2007 through 2011’’.

16 (b) PURPOSE AREA ENHANCEMENTS.—Section

17 2001(b) of title I of the Omnibus Crime Control and Safe

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

19 (1) in paragraph (10), by striking ‘‘and’’ after

20 the semicolon;

21 (2) in paragraph (11), by striking the period

22 and inserting a semicolon; and

23 (3) by adding at the end the following:

24 ‘‘(12) maintaining core victim services and

25 criminal justice initiatives, while supporting com-
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1 plementary new initiatives and emergency services for

2 victims and their families;

3 ‘‘(13) supporting the placement of special victim

4 assistants (to be known as ‘Jessica Gonzales Victim

5 Assistants’) in local law enforcement agencies to serve

6 as liaisons between victims of domestic violence, dat7 ing violence, sexual assault, and stalking and per8 sonnel in local law enforcement agencies in order to

9 improve the enforcement of protection orders. Jessica

10 Gonzales Victim Assistants shall have expertise in do11 mestic violence, dating violence, sexual assault, or

12 stalking and may undertake the following activities—

13 ‘‘(A) developing, in collaboration with pros14 ecutors, courts, and victim service providers,

15 standardized response policies for local law en16 forcement agencies, including triage protocols to

17 ensure that dangerous or potentially lethal cases

18 are identified and prioritized;

19 ‘‘(B) notifying persons seeking enforcement

20 of protection orders as to what responses will be

21 provided by the relevant law enforcement agency;

22 ‘‘(C) referring persons seeking enforcement

23 of protection orders to supplementary services

24 (such as emergency shelter programs, hotlines, or

25 legal assistance services); and
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1 ‘‘(D) taking other appropriate action to as2 sist or secure the safety of the person seeking en3 forcement of a protection order; and

4 ‘‘(14) to provide funding to law enforcement

5 agencies, nonprofit nongovernmental victim services

6 providers, and State, tribal, territorial, and local gov7 ernments, (which funding stream shall be known as

8 the Crystal Judson Domestic Violence Protocol Pro9 gram) to promote—

10 ‘‘(A) the development and implementation

11 of training for local victim domestic violence

12 service providers, and to fund victim services

13 personnel, to be known as ‘Crystal Judson Vic14 tim Advocates,’ to provide supportive services

15 and advocacy for victims of domestic violence

16 committed by law enforcement personnel;

17 ‘‘(B) the implementation of protocols within

18 law enforcement agencies to ensure consistent

19 and effective responses to the commission of do20 mestic violence by personnel within such agencies

21 (such as the model policy promulgated by the

22 International Association of Chiefs of Police

23 (‘Domestic Violence by Police Officers: A Policy

24 of the IACP, Police Response to Violence Against

25 Women Project’ July 2003));
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1 ‘‘(C) the development of such protocols in

2 collaboration with State, tribal, territorial and

3 local victim service providers and domestic vio4 lence coalitions.

5 Any law enforcement, State, tribal, territorial, or

6 local government agency receiving funding under the

7 Crystal Judson Domestic Violence Protocol Program

8 under paragraph (14) shall on an annual basis, re9 ceive additional training on the topic of incidents of

10 domestic violence committed by law enforcement per11 sonnel from domestic violence and sexual assault non12 profit organizations and, after a period of 2 years,

13 provide a report of the adopted protocol to the De14 partment of Justice, including a summary of progress

15 in implementing such protocol.’’.

16 (c) CLARIFICATION OF ACTIVITIES REGARDING UN17 DERSERVED POPULATIONS.—Section 2007 of the Omnibus

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

19 3796gg–1) is amended—

20 (1) in subsection (c)(2), by inserting before the

21 semicolon the following: ‘‘and describe how the State

22 will address the needs of underserved populations’’;

23 and

24 (2) in subsection (e)(2), by striking subpara25 graph (D) and inserting the following:
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1 ‘‘(D) recognize and meaningfully respond to

2 the needs of underserved populations and ensure

3 that monies set aside to fund linguistically and

4 culturally specific services and activities for un5 derserved populations are distributed equitably

6 among those populations.’’.

7 (d) TRIBAL AND TERRITORIAL SETASIDES.—Section

8 2007 of the Omnibus Crime Control and Safe Streets Act

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

10 (1) in subsection (b)—

11 (A) in paragraph (1), by striking ‘‘5 per12 cent’’ and inserting ‘‘10 percent’’;

(B) in paragraph (2), striking by ‘‘1 13 ⁄54’’

and inserting ‘‘1 14 ⁄56’’;

15 (C) in paragraph (3), by striking ‘‘and the

16 coalition for the combined Territories of the

17 United States, each receiving an amount equal

to 1 18 ⁄54’’ and inserting ‘‘coalitions for Guam,

19 American Samoa, the United States Virgin Is20 lands, and the Commonwealth of the Northern

21 Mariana Islands, each receiving an amount

equal to 1 22 ⁄56’’; and

(D) in paragraph (4), by striking ‘‘1 23 ⁄54’’

and inserting ‘‘1 24 ⁄56’’;
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1 (2) in subsection (c)(3)(B), by inserting after

2 ‘‘victim services’’ the following: ‘‘, of which at least 10

3 percent shall be distributed to culturally specific com4 munity-based organization’’; and

5 (3) in subsection (d)—

6 (A) in paragraph (3), by striking the period

7 and inserting ‘‘; and’’; and

8 (B) by adding at the end the following:

9 ‘‘(4) documentation showing that tribal, terri10 torial, State or local prosecution, law enforcement,

11 and courts have consulted with tribal, territorial,

12 State, or local victim service programs during the

13 course of developing their grant applications in order

14 to ensure that proposed services, activities and equip15 ment acquisitions are designed to promote the safety,

16 confidentiality, and economic independence of victims

17 of domestic violence, sexual assault, stalking, and dat18 ing violence.’’.

19 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

20 COLLECTION.—Section 2007 of the Omnibus Crime Control

21 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1) is

22 amended by adding at the end the following:

23 ‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA

24 COLLECTION.—
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1 ‘‘(1) IN GENERAL.—Of the total amounts appro2 priated under this part, not less than 3 percent and

3 up to 8 percent shall be available for providing train4 ing and technical assistance relating to the purpose

5 areas of this part to improve the capacity of grantees,

6 subgrantees and other entities.

7 ‘‘(2) INDIAN TRAINING.—The Director of the Of8 fice on Violence Against Women shall ensure that

9 training or technical assistance regarding violence

10 against Indian women will be developed and provided

11 by entities having expertise in tribal law, customary

12 practices, and Federal Indian law.’’.

13 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

14 Section 2010 of the Omnibus Crime Control and Safe

15 Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by

16 adding at the end the following:

17 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov18 ernment may use Federal grant funds under this part to

19 pay for forensic medical exams performed by trained exam20 iners for victims of sexual assault, except that such funds

21 may not be used to pay for forensic medical exams by any

22 State, Indian tribal government, or territorial government

23 that requires victims of sexual assault to seek reimburse24 ment for such exams from their insurance carriers.
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1 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to permit a State, Indian tribal gov3 ernment, or territorial government to require a victim of

4 sexual assault to participate in the criminal justice system

5 or cooperate with law enforcement in order to be provided

6 with a forensic medical exam, reimbursement for charges

7 incurred on account of such an exam, or both.

8 ‘‘(e) JUDICIAL NOTIFICATION.—

9 ‘‘(1) IN GENERAL.—A State or unit of local gov10 ernment shall not be entitled to funds under this part

11 unless the State or unit of local government—

12 ‘‘(A) certifies that its judicial administra13 tive policies and practices include notification to

14 domestic violence offenders of the requirements

15 delineated in section 922(g)(8) and (g)(9) of title

16 18, United States Code, and any applicable re17 lated Federal, State, or local laws; or

18 ‘‘(B) gives the Attorney General assurances

19 that its judicial administrative policies and

20 practices will be in compliance with the require21 ments of subparagraph (A) within the later of—

22 ‘‘(i) the period ending on the date on

23 which the next session of the State legisla24 ture ends; or

25 ‘‘(ii) 2 years.
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1 ‘‘(2) REDISTRIBUTION.—Funds withheld from a

2 State or unit of local government under subsection (a)

3 shall be distributed to other States and units of local

4 government, pro rata.’’.

5 (g) POLYGRAPH TESTING PROHIBITION.—Part T of

6 title I of the Omnibus Crime Control and Safe Streets Act

7 of 1968 (42 U.S.C. 3796gg et seq.) is amended by adding

8 at the end the following:

9 ‘‘SEC. 2013. POLYGRAPH TESTING PROHIBITION.

10 ‘‘(a) IN GENERAL.—In order to be eligible for grants

11 under this part, a State, Indian tribal government, terri12 torial government, or unit of local government shall certify

13 that, not later than 3 years after the date of enactment of

14 this section, their laws, policies, or practices will ensure

15 that no law enforcement officer, prosecuting officer or other

16 government official shall ask or require an adult, youth, or

17 child victim of an alleged sex offense as defined under Fed18 eral, tribal, State, territorial, or local law to submit to a

19 polygraph examination or other truth telling device as a

20 condition for proceeding with the investigation of such an

21 offense.

22 ‘‘(b) PROSECUTION.—The refusal of a victim to submit

23 to an examination described in subsection (a) shall not pre24 vent the investigation, charging, or prosecution of the of25 fense.’’.
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1 SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE

2 PROTECTION ORDERS IMPROVEMENTS.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

4 1001(a)(19) of title I of the Omnibus Crime Control and

5 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amend6 ed by striking ‘‘$65,000,000 for each of fiscal years 2001

7 through 2005’’ and inserting ‘‘$75,000,000 for each of fiscal

8 years 2007 through 2011. Funds appropriated under this

9 paragraph shall remain available until expended.’’.

10 (b) GRANTEE REQUIREMENTS.—Section 2101 of the

11 Omnibus Crime Control and Safe Streets Act of 1968 (42

12 U.S.C. 3796hh) is amended—

13 (1) in subsection (a), by striking ‘‘to treat do14 mestic violence as a serious violation’’ and inserting

15 ‘‘to treat domestic violence, dating violence, sexual as16 sault, and stalking as serious violations’’;

17 (2) in subsection (b)—

18 (A) in the matter before paragraph (1), by

19 inserting after ‘‘State’’ the following: ‘‘, tribal,

20 territorial,’’;

21 (B) in paragraph (1), by—

22 (i) striking ‘‘mandatory arrest or’’;

23 and

24 (ii) striking ‘‘mandatory arrest pro25 grams and’’;

26 (C) in paragraph (2), by—
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1 (i) inserting after ‘‘educational pro2 grams,’’ the following: ‘‘protection order reg3 istries,’’;

4 (ii) striking ‘‘domestic violence and

5 dating violence’’ and inserting ‘‘domestic vi6 olence, dating violence, sexual assault, and

7 stalking. Policies, educational programs,

8 protection order registries, and training de9 scribed in this paragraph shall incorporate

10 confidentiality, and privacy protections for

11 victims of domestic violence, dating vio12 lence, sexual assault, and stalking’’;

13 (D) in paragraph (3), by—

14 (i) striking ‘‘domestic violence cases’’

15 and inserting ‘‘domestic violence, dating vi16 olence, sexual assault, and stalking cases’’;

17 and

18 (ii) striking ‘‘groups’’ and inserting

19 ‘‘teams’’;

20 (E) in paragraph (5), by striking ‘‘domestic

21 violence and dating violence’’ and inserting ‘‘do22 mestic violence, dating violence, sexual assault,

23 and stalking’’;

24 (F) in paragraph (6), by—
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1 (i) striking ‘‘other’’ and inserting

2 ‘‘civil’’; and

3 (ii) inserting after ‘‘domestic violence’’

4 the following: ‘‘, dating violence, sexual as5 sault, and stalking’’; and

6 (G) by adding at the end the following:

7 ‘‘(9) To develop State, tribal, territorial, or local

8 policies, procedures, and protocols for preventing dual

9 arrests and prosecutions in cases of domestic violence,

10 dating violence, sexual assault, and stalking, and to

11 develop effective methods for identifying the pattern

12 and history of abuse that indicates which party is the

13 actual perpetrator of abuse.

14 ‘‘(10) To plan, develop and establish comprehen15 sive victim service and support centers, such as fam16 ily justice centers, designed to bring together victim

17 advocates from non-profit, non-governmental victim

18 services organizations, law enforcement officers, pros19 ecutors, probation officers, governmental victim as20 sistants, forensic medical professionals, civil legal at21 torneys, chaplains, legal advocates, representatives

22 from community-based organizations and other rel23 evant public or private agencies or organizations into

24 one centralized location, in order to improve safety,

25 access to services, and confidentiality for victims and
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1 families. Although funds may be used to support the

2 colocation of project partners under this paragraph,

3 funds may not support construction or major renova4 tion expenses or activities that fall outside of the

5 scope of the other statutory purpose areas.

6 ‘‘(11) To develop and implement policies and

7 training for police, prosecutors, probation and parole

8 officers, and the judiciary in recognizing, inves9 tigating, and prosecuting instances of sexual assault,

10 with an emphasis on recognizing the threat to the

11 community for repeat crime perpetration by such in12 dividuals.

13 ‘‘(12) To develop, enhance, and maintain protec14 tion order registries.

15 ‘‘(13) To develop human immunodeficiency virus

16 (HIV) testing programs for sexual assault perpetra17 tors and notification and counseling protocols.’’;—

18 (3) in subsection (c)—

19 (A) in paragraph (3), by striking ‘‘and’’

20 after the semicolon;

21 (B) in paragraph (4), by striking the period

22 and inserting ‘‘; and’’; and

23 (C) by adding at the end the following:
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1 ‘‘(5) certify that, not later than 3 years after the

2 date of enactment of this section, their laws, policies,

3 or practices will ensure that—

4 ‘‘(A) no law enforcement officer, prosecuting

5 officer or other government official shall ask or

6 require an adult, youth, or child victim of a sex

7 offense as defined under Federal, tribal, State,

8 territorial, or local law to submit to a polygraph

9 examination or other truth telling device as a

10 condition for proceeding with the investigation of

11 such an offense; and

12 ‘‘(B) the refusal of a victim to submit to an

13 examination described in subparagraph (A) shall

14 not prevent the investigation of the offense.’’; and

15 (4) by striking subsections (d) and (e) and in16 serting the following:

17 ‘‘(d) SPEEDY NOTICE TO VICTIMS.—A State or unit

18 of local government shall not be entitled to 5 percent of the

19 funds allocated under this part unless the State or unit of

20 local government—

21 ‘‘(1) certifies that it has a law or regulation that

22 requires—

23 ‘‘(A) the State or unit of local government

24 at the request of a victim to administer to a de25 fendant, against whom an information or indict-
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1 ment is presented for a crime in which by force

2 or threat of force the perpetrator compels the vic3 tim to engage in sexual activity, testing for the

4 immunodeficiency virus (HIV) not later than 48

5 hours after the date on which the information or

6 indictment is presented;

7 ‘‘(B) as soon as practicable notification to

8 the victim, or parent and guardian of the victim,

9 and defendant of the testing results; and

10 ‘‘(C) follow-up tests for HIV as may be

11 medically appropriate, and that as soon as prac12 ticable after each such test the results be made

13 available in accordance with subparagraph (B);

14 or

15 ‘‘(2) gives the Attorney General assurances that

16 it laws and regulations will be in compliance with re17 quirements of paragraph (1) within the later of—

18 ‘‘(A) the period ending on the date on which

19 the next session of the State legislature ends; or

20 ‘‘(B) 2 years.

21 ‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not less than

22 10 percent of the total amount made available for grants

23 under this section for each fiscal year shall be available for

24 grants to Indian tribal governments.’’.
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1 (c) APPLICATIONS.—Section 2102(b) of the Omnibus

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

3 3796hh–1(b)) is amended in each of paragraphs (1) and

4 (2) by inserting after ‘‘involving domestic violence’’ the fol5 lowing: ‘‘, dating violence, sexual assault, or stalking’’.

6 (d) TRAINING, TECHNICAL ASSISTANCE, CONFIDEN7 TIALITY.—Part U of title I of the Omnibus Crime Control

8 and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.)

9 is amended by adding at the end the following:

10 ‘‘SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE.

11 ‘‘Of the total amounts appropriated under this part,

12 not less than 5 percent and up to 8 percent shall be avail13 able for providing training and technical assistance relat14 ing to the purpose areas of this part to improve the capacity

15 of grantees and other entities.’’.

16 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVE17 MENTS.

18 Section 1201 of the Violence Against Women Act of

19 2000 (42 U.S.C. 3796gg–6) is amended—

20 (1) in subsection (a), by—

21 (A) inserting before ‘‘legal assistance’’ the

22 following: ‘‘civil and criminal’’;

23 (B) inserting after ‘‘effective aid to’’ the fol24 lowing: ‘‘adult and youth’’; and
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1 (C) inserting at the end the following:

2 ‘‘Criminal legal assistance provided for under

3 this section shall be limited to criminal matters

4 relating to domestic violence, sexual assault, dat5 ing violence, and stalking.’’;

6 (2) by striking subsection (b) and inserting the

7 following:

8 ‘‘(b) DEFINITIONS.—In this section, the definitions

9 provided in section 40002 of the Violence Against Women

10 Act of 1994 shall apply.’’;

11 (3) in subsection (c), by inserting ‘‘and tribal or12 ganizations, territorial organizations’’ after ‘‘Indian

13 tribal governments’’;

14 (4) in subsection (d) by striking paragraph (2)

15 and inserting the following:

16 ‘‘(2) any training program conducted in satis17 faction of the requirement of paragraph (1) has been

18 or will be developed with input from and in collabo19 ration with a tribal, State, territorial, or local domes20 tic violence, dating violence, sexual assault or stalking

21 organization or coalition, as well as appropriate trib22 al, State, territorial, and local law enforcement offi23 cials;’’.

24 (5) in subsection (e), by inserting ‘‘dating vio25 lence,’’ after ‘‘domestic violence,’’; and
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1 (6) in subsection (f)—

2 (A) by striking paragraph (1) and inserting

3 the following:

4 ‘‘(1) IN GENERAL.—There is authorized to be ap5 propriated to carry out this section $65,000,000 for

6 each of fiscal years 2007 through 2011.’’; and

7 (B) in paragraph (2)(A), by—

8 (i) striking ‘‘5 percent’’ and inserting

9 ‘‘10 percent’’; and

10 (ii) inserting ‘‘adult and youth’’ after

11 ‘‘that assist’’.

12 SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL

13 SERVICES.

14 (a) IN GENERAL.—Section 502 of the Department of

15 Commerce, Justice, and State, the Judiciary, and Related

16 Agencies Appropriations Act, 1998 (Public Law 105–119;

17 111 Stat. 2510) is amended—

18 (1) in subsection (a)(2)(C)—

19 (A) in the matter preceding clause (i), by

20 striking ‘‘using funds derived from a source other

21 than the Corporation to provide’’ and inserting

22 ‘‘providing’’;

23 (B) in clause (i), by striking ‘‘in the United

24 States’’ and all that follows and inserting ‘‘or a

25 victim of sexual assault or trafficking in the
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1 United States, or qualifies for immigration relief

2 under section 101(a)(15)(U) of the Immigration

3 and Nationality Act (8 U.S.C. 1101(a)(15)(U));

4 or’’; and

5 (C) in clause (ii), by striking ‘‘has been bat6 tered’’ and all that follows and inserting ‘‘, with7 out the active participation of the alien, has been

8 battered or subjected to extreme cruelty or a vic9 tim of sexual assault or trafficking in the United

10 States, or qualifies for immigration relief under

11 section 101(a)(15)(U) of the Immigration and

12 Nationality Act (8 U.S.C. 1101(a)(15)(U)).’’;

13 and

14 (2) in subsection (b)(2), by striking ‘‘described in

15 such subsection’’ and inserting ‘‘, sexual assault or

16 trafficking, or the crimes listed in section

17 101(a)(15)(U)(iii) of the Immigration and Nation18 ality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’.

19 (b) SAVINGS PROVISION.—Nothing in this Act, or the

20 amendments made by this Act, shall be construed to restrict

21 the legal assistance provided to victims of trafficking and

22 certain family members authorized under section 107(b)(1)

23 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.

24 7105(b)(1)).
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1 SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT

2 TRAINING AND IMPROVEMENTS.

3 (a) VIOLENCE AGAINST WOMEN ACT COURT TRAINING

4 AND IMPROVEMENTS.—The Violence Against Women Act of

5 1994 (108 Stat. 1902 et seq.) is amended by adding at the

6 end the following:

7 ‘‘Subtitle J—Violence Against

8 Women Act Court Training and

9 Improvements

10 ‘‘SEC. 41001. SHORT TITLE.

11 ‘‘This subtitle may be cited as the ‘Violence Against

12 Women Act Court Training and Improvements Act of

13 2005’.

14 ‘‘SEC. 41002. PURPOSE.

15 ‘‘The purpose of this subtitle is to enable the Attorney

16 General, though the Director of the Office on Violence

17 Against Women, to award grants to improve court responses

18 to adult and youth domestic violence, dating violence, sex19 ual assault, and stalking to be used for—

20 ‘‘(1) improved internal civil and criminal court

21 functions, responses, practices, and procedures;

22 ‘‘(2) education for court-based and court-related

23 personnel on issues relating to victims’ needs, includ24 ing safety, security, privacy, confidentiality, and eco25 nomic independence, as well as information about
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1 perpetrator behavior and best practices for holding

2 perpetrators accountable;

3 ‘‘(3) collaboration and training with Federal,

4 State, tribal, territorial, and local public agencies

5 and officials and nonprofit, nongovernmental organi6 zations to improve implementation and enforcement

7 of relevant Federal, State, tribal, territorial, and local

8 law;

9 ‘‘(4) enabling courts or court-based or court-re10 lated programs to develop new or enhance current—

11 ‘‘(A) court infrastructure (such as special12 ized courts, dockets, intake centers, or interpreter

13 services);

14 ‘‘(B) community-based initiatives within

15 the court system (such as court watch programs,

16 victim assistants, or community-based supple17 mentary services);

18 ‘‘(C) offender management, monitoring, and

19 accountability programs;

20 ‘‘(D) safe and confidential information-stor21 age and -sharing databases within and between

22 court systems;

23 ‘‘(E) education and outreach programs to

24 improve community access, including enhanced

25 access for underserved populations; and
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1 ‘‘(F) other projects likely to improve court

2 responses to domestic violence, dating violence,

3 sexual assault, and stalking; and

4 ‘‘(5) providing technical assistance to Federal,

5 State, tribal, territorial, or local courts wishing to

6 improve their practices and procedures or to develop

7 new programs.

8 ‘‘SEC. 41003. GRANT REQUIREMENTS.

9 ‘‘Grants awarded under this subtitle shall be subject

10 to the following conditions:

11 ‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees

12 may include—

13 ‘‘(A) Federal, State, tribal, territorial, or

14 local courts or court-based programs; and

15 ‘‘(B) national, State, tribal, territorial, or

16 local private, nonprofit organizations with dem17 onstrated expertise in developing and providing

18 judicial education about domestic violence, dat19 ing violence, sexual assault, or stalking.

20 ‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eligible

21 for a grant under this section, applicants shall certify

22 in writing that—

23 ‘‘(A) any courts or court-based personnel

24 working directly with or making decisions about

25 adult or youth parties experiencing domestic vio-
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1 lence, dating violence, sexual assault, and stalk2 ing have completed or will complete education

3 about domestic violence, dating violence, sexual

4 assault, and stalking;

5 ‘‘(B) any education program developed

6 under section 41002 has been or will be devel7 oped with significant input from and in collabo8 ration with a national, tribal, State, territorial,

9 or local victim services provider or coalition; and

10 ‘‘(C) the grantee’s internal organizational

11 policies, procedures, or rules do not require me12 diation or counseling between offenders and vic13 tims physically together in cases where domestic

14 violence, dating violence, sexual assault, or stalk15 ing is an issue.

16 ‘‘SEC. 41004. NATIONAL EDUCATION CURRICULA.

17 ‘‘(a) IN GENERAL.—The Attorney General, through the

18 Director of the Office on Violence Against Women, shall

19 fund efforts to develop a national education curriculum for

20 use by State and national judicial educators to ensure that

21 all courts and court personnel have access to information

22 about relevant Federal, State, territorial, or local law,

23 promising practices, procedures, and policies regarding

24 court responses to adult and youth domestic violence, dating

25 violence, sexual assault, and stalking.
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1 ‘‘(b) ELIGIBLE ENTITIES.—Any curricula developed

2 under this section—

3 ‘‘(1) shall be developed by an entity or entities

4 having demonstrated expertise in developing judicial

5 education curricula on issues relating to domestic vio6 lence, dating violence, sexual assault, and stalking; or

7 ‘‘(2) if the primary grantee does not have dem8 onstrated expertise with such issues, shall be developed

9 by the primary grantee in partnership with an orga10 nization having such expertise.

11 ‘‘SEC. 41005. TRIBAL CURRICULA.

12 ‘‘(a) IN GENERAL.—The Attorney General, through the

13 Office on Violence Against Women, shall fund efforts to de14 velop education curricula for tribal court judges to ensure

15 that all tribal courts have relevant information about prom16 ising practices, procedures, policies, and law regarding trib17 al court responses to adult and youth domestic violence, dat18 ing violence, sexual assault, and stalking.

19 ‘‘(b) ELIGIBLE ENTITIES.—Any curricula developed

20 under this section—

21 ‘‘(1) shall be developed by a tribal organization

22 having demonstrated expertise in developing judicial

23 education curricula on issues relating to domestic vio24 lence, dating violence, sexual assault, and stalking; or
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1 ‘‘(2) if the primary grantee does not have such

2 expertise, the curricula shall be developed by the pri3 mary grantee through partnership with organizations

4 having such expertise.

5 ‘‘SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘(a) IN GENERAL.—There is authorized to be appro7 priated to carry out this subtitle $5,000,000 for each of fis8 cal years 2007 to 2011.

9 ‘‘(b) AVAILABILITY.—Funds appropriated under this

10 section shall remain available until expended and may only

11 be used for the specific programs and activities described

12 in this subtitle.

13 ‘‘(c) SET ASIDE.—Of the amounts made available

14 under this subsection in each fiscal year, not less than 10

15 percent shall be used for grants for tribal courts, tribal

16 court-related programs, and tribal nonprofits.’’.

17 SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.

18 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

19 BY TERRITORIES.—Section 2265 of title 18, United States

20 Code, is amended by—

21 (1) striking ‘‘or Indian tribe’’ each place it ap22 pears and inserting ‘‘, Indian tribe, or territory’’; and

23 (2) striking ‘‘State or tribal’’ each place it ap24 pears and inserting ‘‘State, tribal, or territorial’’.
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1 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE2 MENT AUTHORITY AND RESPONSIBILITIES.—Section

3 2265(a) of title 18, United States Code, is amended by strik4 ing ‘‘and enforced as if it were’’ and inserting ‘‘and en5 forced by the court and law enforcement personnel of the

6 other State, Indian tribal government or Territory as if it

7 were’’.

8 (c) LIMITS ON INTERNET PUBLICATION OF PROTEC9 TION ORDER INFORMATION.—Section 2265(d) of title 18,

10 United States Code, is amended by adding at the end the

11 following:

12 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF REG13 ISTRATION INFORMATION.—A State, Indian tribe, or

14 territory shall not make available publicly on the

15 Internet any information regarding the registration

16 or filing of a protection order, restraining order, or

17 injunction in either the issuing or enforcing State,

18 tribal or territorial jurisdiction, if such publication

19 would be likely to publicly reveal the identity or loca20 tion of the party protected under such order. A State,

21 Indian tribe, or territory may share court-generated

22 and law enforcement-generated information contained

23 in secure, governmental registries for protection order

24 enforcement purposes.’’.
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1 (d) DEFINITIONS.—Section 2266 of title 18, United

2 States Code, is amended—

3 (1) by striking paragraph (5) and inserting the

4 following:

5 ‘‘(5) PROTECTION ORDER.—The term ‘protection

6 order’ includes—

7 ‘‘(A) any injunction, restraining order, or

8 any other order issued by a civil or criminal

9 court for the purpose of preventing violent or

10 threatening acts or harassment against, sexual

11 violence, or contact or communication with or

12 physical proximity to, another person, including

13 any temporary or final order issued by a civil

14 or criminal court whether obtained by filing an

15 independent action or as a pendente lite order in

16 another proceeding so long as any civil or crimi17 nal order was issued in response to a complaint,

18 petition, or motion filed by or on behalf of a per19 son seeking protection; and

20 ‘‘(B) any support, child custody or visita21 tion provisions, orders, remedies or relief issued

22 as part of a protection order, restraining order,

23 or injunction pursuant to State, tribal, terri24 torial, or local law authorizing the issuance of

25 protection orders, restraining orders, or injunc-
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1 tions for the protection of victims of domestic vi2 olence, sexual assault, dating violence, or stalk3 ing.’’; and

4 (2) in clauses (i) and (ii) of paragraph (7)(A),

5 by striking ‘‘2261A, a spouse or former spouse of the

6 abuser, a person who shares a child in common with

7 the abuser, and a person who cohabits or has

8 cohabited as a spouse with the abuser’’ and inserting

9 ‘‘2261A—

10 ‘‘(I) a spouse or former spouse of

11 the abuser, a person who shares a child

12 in common with the abuser, and a per13 son who cohabits or has cohabited as a

14 spouse with the abuser; or

15 ‘‘(II) a person who is or has been

16 in a social relationship of a romantic

17 or intimate nature with the abuser, as

18 determined by the length of the rela19 tionship, the type of relationship, and

20 the frequency of interaction between the

21 persons involved in the relationship’’.
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1 SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES2 TIC VIOLENCE, DATING VIOLENCE, SEXUAL

3 VIOLENCE, AND STALKING.

4 The Violence Against Women Act of 1994 (108 Stat.

5 1902 et seq.) is amended by adding at the end the following:

6 ‘‘Subtitle K—Privacy Protections for

7 Victims of Domestic Violence,

8 Dating Violence, Sexual Vio9 lence, and Stalking

10 ‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CON11 FIDENTIALITY OF VICTIMS OF DOMESTIC VIO12 LENCE, DATING VIOLENCE, SEXUAL ASSAULT,

13 AND STALKING.

14 ‘‘The Attorney General, through the Director of the Of15 fice on Violence Against Women, may award grants under

16 this subtitle to States, Indian tribes, territories, or local

17 agencies or nonprofit, nongovernmental organizations to en18 sure that personally identifying information of adult,

19 youth, and child victims of domestic violence, sexual vio20 lence, stalking, and dating violence shall not be released or

21 disclosed to the detriment of such victimized persons.

22 ‘‘SEC. 41102. PURPOSE AREAS.

23 ‘‘Grants made under this subtitle may be used—

24 ‘‘(1) to develop or improve protocols, procedures,

25 and policies for the purpose of preventing the release
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1 of personally identifying information of victims (such

2 as developing alternative identifiers);

3 ‘‘(2) to defray the costs of modifying or improv4 ing existing databases, registries, and victim notifica5 tion systems to ensure that personally identifying in6 formation of victims is protected from release, unau7 thorized information sharing and disclosure;

8 ‘‘(3) to develop confidential opt out systems that

9 will enable victims of violence to make a single re10 quest to keep personally identifying information out

11 of multiple databases, victim notification systems,

12 and registries; or

13 ‘‘(4) to develop safe uses of technology (such as

14 notice requirements regarding electronic surveillance

15 by government entities), to protect against abuses of

16 technology (such as electronic or GPS stalking), or

17 providing training for law enforcement on high tech

18 electronic crimes of domestic violence, dating violence,

19 sexual assault, and stalking.

20 ‘‘SEC. 41103. ELIGIBLE ENTITIES.

21 ‘‘Entities eligible for grants under this subtitle

22 include—

23 ‘‘(1) jurisdictions or agencies within jurisdic24 tions having authority or responsibility for developing
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1 or maintaining public databases, registries or victim

2 notification systems;

3 ‘‘(2) nonprofit nongovernmental victim advocacy

4 organizations having expertise regarding confiden5 tiality, privacy, and information technology and how

6 these issues are likely to impact the safety of victims;

7 ‘‘(3) States or State agencies;

8 ‘‘(4) local governments or agencies;

9 ‘‘(5) Indian tribal governments or tribal organi10 zations;

11 ‘‘(6) territorial governments, agencies, or organi12 zations; or

13 ‘‘(7) nonprofit nongovernmental victim advocacy

14 organizations, including statewide domestic violence

15 and sexual assault coalitions.

16 ‘‘SEC. 41104. GRANT CONDITIONS.

17 ‘‘Applicants described in paragraph (1) and para18 graphs (3) through (6) shall demonstrate that they have en19 tered into a significant partnership with a State, tribal,

20 territorial, or local victim service or advocacy organization

21 or condition in order to develop safe, confidential, and effec22 tive protocols, procedures, policies, and systems for pro23 tecting personally identifying information of victims.
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1 ‘‘SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) IN GENERAL.—There is authorized to be appro3 priated to carry out this subtitle $5,000,000 for each of fis4 cal years 2007 through 2011.

5 ‘‘(b) TRIBAL ALLOCATION.—Of the amount made

6 available under this section in each fiscal year, 10 percent

7 shall be used for grants to Indian tribes for programs that

8 assist victims of domestic violence, dating violence, stalking,

9 and sexual assault.

10 ‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.—Of the

11 amount made available under this section in each fiscal

12 year, not less than 5 percent shall be used for grants to

13 organizations that have expertise in confidentiality, pri14 vacy, and technology issues impacting victims of domestic

15 violence, dating violence, sexual assault, and stalking to

16 provide technical assistance and training to grantees and

17 non-grantees on how to improve safety, privacy, confiden18 tiality, and technology to protect victimized persons.’’.

19 SEC. 108. SEX OFFENDER MANAGEMENT.

20 Section 40152 of the Violent Crime Control and Law

21 Enforcement Act of 1994 (42 U.S.C. 13941) is amended by

22 striking subsection (c) and inserting the following:

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

24 authorized to be appropriated to carry out this section

25 $3,000,000 for each of fiscal years 2007 through 2011.’’.
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1 SEC. 109. STALKER DATABASE.

2 Section 40603 of the Violence Against Women Act of

3 1994 (42 U.S.C. 14032) is amended—

4 (1) by striking ‘‘2001’’ and inserting ‘‘2007’’;

5 and

6 (2) by striking ‘‘2006’’ and inserting ‘‘2011’’.

7 SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZA8 TION.

9 Section 40114 of the Violence Against Women Act of

10 1994 (Public Law 103–322) is amended to read as follows:

11 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSIST12 ANTS.

13 ‘‘There are authorized to be appropriated for the

14 United States attorneys for the purpose of appointing vic15 tim assistants for the prosecution of sex crimes and domes16 tic violence crimes where applicable (such as the District

17 of Columbia), $1,000,000 for each of fiscal years 2007

18 through 2011.’’.

19 SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PRO20 GRAMS.

21 (a) DEFINITIONS.—In this section:

22 (1) ACT OF TRAFFICKING.—The term ‘‘act of

23 trafficking’’ means an act or practice described in

24 paragraph (8) of section 103 of the Trafficking Vic25 tims Protection Act of 2000 (22 U.S.C. 7102).
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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a State or a local government.

3 (3) STATE.—The term ‘‘State’’ means any State

4 of the United States, the District of Columbia, the

5 Commonwealth of Puerto Rico, Guam, the United

6 States Virgin Islands, the Commonwealth of the

7 Northern Mariana Islands, American Samoa, and

8 any other territory or possession of the United States.

9 (4) VICTIM OF TRAFFICKING.—The term ‘‘victim

10 of trafficking’’ means a person subjected to an act of

11 trafficking.

12 (b) GRANTS AUTHORIZED.—The Attorney General

13 may award grants to eligible entities to provide training

14 to State and local law enforcement personnel to identify

15 and protect victims of trafficking.

16 (c) USE OF FUNDS.—A grant awarded under this sec17 tion shall be used to—

18 (1) train law enforcement personnel to identify

19 and protect victims of trafficking, including training

20 such personnel to utilize Federal, State, or local re21 sources to assist victims of trafficking;

22 (2) train law enforcement or State or local pros23 ecutors to identify, investigate, or prosecute acts of

24 trafficking; or
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1 (3) train law enforcement or State or local pros2 ecutors to utilize laws that prohibit acts of trafficking

3 and to assist in the development of State and local

4 laws to prohibit acts of trafficking.

5 (d) RESTRICTIONS.—

6 (1) ADMINISTRATIVE EXPENSES.—An eligible en7 tity that receives a grant under this section may use

8 not more than 5 percent of the total amount of such

9 grant for administrative expenses.

10 (2) NONEXCLUSIVITY.—Nothing in this section

11 may be construed to restrict the ability of an eligible

12 entity to apply for or obtain funding from any other

13 source to carry out the training described in sub14 section (c).

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated $10,000,000 for each of the

17 fiscal years 2007 through 2011 to carry out the provisions

18 of this section.

19 SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED

20 SPECIAL ADVOCATE PROGRAM.

21 (a) FINDINGS.—Section 215 of the Victims of Child

22 Abuse Act of 1990 (42 U.S.C. 13011) is amended by striking

23 paragraphs (1) and (2) and inserting the following:

24 ‘‘(1) Court Appointed Special Advocates, who

25 may serve as guardians ad litem, are trained volun-
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1 teers appointed by courts to advocate for the best in2 terests of children who are involved in the juvenile

3 and family court system due to abuse or neglect; and

4 ‘‘(2) in 2003, Court Appointed Special Advocate

5 volunteers represented 288,000 children, more than 50

6 percent of the estimated 540,000 children in foster

7 care because of substantiated cases of child abuse or

8 neglect.’’.

9 (b) IMPLEMENTATION DATE.—Section 216 of the Vic10 tims of Child Abuse Act of 1990 (42 U.S.C. 13012) is

11 amended by striking ‘‘January 1, 1995’’ and inserting

12 ‘‘January 1, 2010’’.

13 (c) CLARIFICATION OF PROGRAM GOALS.—Section 217

14 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13013)

15 is amended—

16 (1) in subsection (a), by striking ‘‘to expand’’

17 and inserting ‘‘to initiate, sustain, and expand’’;

18 (2) subsection (b)—

19 (A) in paragraph (1)—

20 (i) by striking ‘‘subsection (a) shall be’’

21 and inserting the following: ‘‘subsection

22 (a)—

23 ‘‘(A) shall be’’;

24 (ii) by striking ‘‘(2) may be’’ and in25 serting the following:
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1 ‘‘(B) may be’’; and

2 (iii) in subparagraph (B) (as redesig3 nated), by striking ‘‘to initiate or expand’’

4 and inserting ‘‘to initiate, sustain, and ex5 pand’’; and

6 (B) in the first sentence of paragraph (2)—

7 (i) by striking ‘‘(1)(a)’’ and inserting

8 ‘‘(1)(A)’’; and

9 (ii) striking ‘‘to initiate and to ex10 pand’’ and inserting ‘‘to initiate, sustain,

11 and expand’’; and

12 (3) by adding at the end the following:

13 ‘‘(d) BACKGROUND CHECKS.—State and local Court

14 Appointed Special Advocate programs are authorized to re15 quest fingerprint-based criminal background checks from

16 the Federal Bureau of Investigation’s criminal history

17 database for prospective volunteers. The requesting program

18 is responsible for the reasonable costs associated with the

19 Federal records check.’’.

20 (d) REPORT.—Subtitle B of title II of the Victims of

21 Child Abuse Act of 1990 (42 U.S.C. 13011 et seq.) is

22 amended—

23 (1) by redesignating section 218 as section 219;

24 and
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1 (2) by inserting after section 217 the following

2 new section:

3 ‘‘SEC. 218. REPORT.

4 ‘‘(a) REPORT REQUIRED.—Not later than December

5 31, 2006, the Inspector General of the Department of Justice

6 shall submit to Congress a report on the types of activities

7 funded by the National Court-Appointed Special Advocate

8 Association and a comparison of outcomes in cases where

9 court-appointed special advocates are involved and cases

10 where court-appointed special advocates are not involved.

11 ‘‘(b) ELEMENTS OF REPORT.—The report submitted

12 under subsection (a) shall include information on the fol13 lowing:

14 ‘‘(1) The types of activities the National Court15 Appointed Special Advocate Association has funded

16 since 1993.

17 ‘‘(2) The outcomes in cases where court-ap18 pointed special advocates are involved as compared to

19 cases where court-appointed special advocates are not

20 involved, including—

21 ‘‘(A) the length of time a child spends in

22 foster care;

23 ‘‘(B) the extent to which there is an in24 creased provision of services;
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1 ‘‘(C) the percentage of cases permanently

2 closed; and

3 ‘‘(D) achievement of the permanent plan for

4 reunification or adoption.’’.

5 (e) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) AUTHORIZATION.—Section 219 of the Vic7 tims of Child Abuse Act of 1990, as redesignated by

8 subsection (d), is amended by striking subsection (a)

9 and inserting the following:

10 ‘‘(a) AUTHORIZATION.—There is authorized to be ap11 propriated to carry out this subtitle $12,000,000 for each

12 of fiscal years 2007 through 2011.’’.

13 (2) PROHIBITION ON LOBBYING.—Section 219 of

14 the Victims of Child Abuse Act of 1990, as redesig15 nated by subsection (d) and amended by paragraphs

16 (1) and (2), is further amended by adding at the end

17 the following new subsection:

18 ‘‘(c) PROHIBITION ON LOBBYING.—No funds author19 ized under this subtitle may be used for lobbying activities

20 in contravention of OMB Circular No. A–122.’’.

21 SEC. 113. PREVENTING CYBERSTALKING.

22 (a) IN GENERAL.—Paragraph (1) of section 223(h) of

23 the Communications Act of 1934 (47 U.S.C. 223(h)(1)) is

24 amended—
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1 (1) in subparagraph (A), by striking ‘‘and’’ at

2 the end;

3 (2) in subparagraph (B), by striking the period

4 at the end and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(C) in the case of subparagraph (C) of sub8 section (a)(1), includes any device or software

9 that can be used to originate telecommunications

10 or other types of communications that are trans11 mitted, in whole or in part, by the Internet (as

12 such term is defined in section 1104 of the Inter13 net Tax Freedom Act (47 U.S.C. 151 note)).’’.

14 (b) RULE OF CONSTRUCTION.—This section and the

15 amendment made by this section may not be construed to

16 affect the meaning given the term ‘‘telecommunications de17 vice’’ in section 223(h)(1) of the Communications Act of

18 1934, as in effect before the date of the enactment of this

19 section.

20 SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.

21 (a) INTERSTATE STALKING.—Section 2261A of title

22 18, United States Code, is amended to read as follows:

23 ‘‘§ 2261A. Stalking

24 ‘‘Whoever—
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1 ‘‘(1) travels in interstate or foreign commerce or

2 within the special maritime and territorial jurisdic3 tion of the United States, or enters or leaves Indian

4 country, with the intent to kill, injure, harass, or

5 place under surveillance with intent to kill, injure,

6 harass, or intimidate another person, and in the

7 course of, or as a result of, such travel places that per8 son in reasonable fear of the death of, or serious bod9 ily injury to, or causes substantial emotional distress

10 to that person, a member of the immediate family (as

11 defined in section 115) of that person, or the spouse

12 or intimate partner of that person; or

13 ‘‘(2) with the intent—

14 ‘‘(A) to kill, injure, harass, or place under

15 surveillance with intent to kill, injure, harass, or

16 intimidate, or cause substantial emotional dis17 tress to a person in another State or tribal juris18 diction or within the special maritime and terri19 torial jurisdiction of the United States; or

20 ‘‘(B) to place a person in another State or

21 tribal jurisdiction, or within the special mari22 time and territorial jurisdiction of the United

23 States, in reasonable fear of the death of, or seri24 ous bodily injury to—

25 ‘‘(i) that person;
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1 ‘‘(ii) a member of the immediate fam2 ily (as defined in section 115 of that person;

3 or

4 ‘‘(iii) a spouse or intimate partner of

5 that person;

6 uses the mail, any interactive computer service,

7 or any facility of interstate or foreign commerce

8 to engage in a course of conduct that causes sub9 stantial emotional distress to that person or

10 places that person in reasonable fear of the death

11 of, or serious bodily injury to, any of the persons

12 described in clauses (i) through (iii) of subpara13 graph (B);

14 shall be punished as provided in section 2261(b) of this

15 title.’’.

16 (b) ENHANCED PENALTIES FOR STALKING.—Section

17 2261(b) of title 18, United States Code, is amended by add18 ing at the end the following:

19 ‘‘(6) Whoever commits the crime of stalking in

20 violation of a temporary or permanent civil or crimi21 nal injunction, restraining order, no-contact order, or

22 other order described in section 2266 of title 18,

23 United States Code, shall be punished by imprison24 ment for not less than 1 year.’’.
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1 SEC. 115. REPEAT OFFENDER PROVISION.

2 Chapter 110A of title 18, United States Code, is

3 amended by adding after section 2265 the following:

4 ‘‘§ 2265A. Repeat offenders

5 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The max6 imum term of imprisonment for a violation of this chapter

7 after a prior domestic violence or stalking offense shall be

8 twice the term otherwise provided under this chapter.

9 ‘‘(b) DEFINITION.—For purposes of this section—

10 ‘‘(1) the term ‘prior domestic violence or stalking

11 offense’ means a conviction for an offense—

12 ‘‘(A) under section 2261, 2261A, or 2262 of

13 this chapter; or

14 ‘‘(B) under State law for an offense con15 sisting of conduct that would have been an of16 fense under a section referred to in subparagraph

17 (A) if the conduct had occurred within the spe18 cial maritime and territorial jurisdiction of the

19 United States, or in interstate or foreign com20 merce; and

21 ‘‘(2) the term ‘State’ means a State of the United

22 States, the District of Columbia, or any common23 wealth, territory, or possession of the United States.’’.

24 SEC. 116. PROHIBITING DATING VIOLENCE.

25 (a) IN GENERAL.—Section 2261(a) of title 18, United

26 States Code, is amended—
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1 (1) in paragraph (1), striking ‘‘or intimate part2 ner’’ and inserting ‘‘, intimate partner, or dating

3 partner’’; and

4 (2) in paragraph (2), striking ‘‘or intimate part5 ner’’ and inserting ‘‘, intimate partner, or dating

6 partner’’.

7 (b) DEFINITION.—Section 2266 of title 18, United

8 States Code, is amended by adding at the end the following:

9 ‘‘(10) DATING PARTNER.—The term ‘dating

10 partner’ refers to a person who is or has been in a

11 social relationship of a romantic or intimate nature

12 with the abuser and the existence of such a relation13 ship based on a consideration of—

14 ‘‘(A) the length of the relationship; and

15 ‘‘(B) the type of relationship; and

16 ‘‘(C) the frequency of interaction between

17 the persons involved in the relationship.’’.

18 SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME

19 AND TERRITORIAL JURISDICTION.

20 (a) DOMESTIC VIOLENCE.—Section 2261(a)(1) of title

21 18, United States Code, is amended by inserting after ‘‘In22 dian country’’ the following: ‘‘or within the special mari23 time and territorial jurisdiction of the United States’’.

24 (b) PROTECTION ORDER.—Section 2262(a)(1) of title

25 18, United States Code, is amended by inserting after ‘‘In-
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1 dian country’’ the following: ‘‘or within the special mari2 time and territorial jurisdiction of the United States’’.

3 SEC. 118. UPDATING PROTECTION ORDER DEFINITION.

4 Section 534 of title 28, United States Code, is amended

5 by striking subsection (e)(3)(B) and inserting the following:

6 ‘‘(B) the term ‘protection order’ includes—

7 ‘‘(i) any injunction, restraining order,

8 or any other order issued by a civil or

9 criminal court for the purpose of preventing

10 violent or threatening acts or harassment

11 against, sexual violence or contact or com12 munication with or physical proximity to,

13 another person, including any temporary or

14 final orders issued by civil or criminal

15 courts whether obtained by filing an inde16 pendent action or as a pendente lite order

17 in another proceeding so long as any civil

18 order was issued in response to a com19 plaint, petition, or motion filed by or on be20 half of a person seeking protection; and

21 ‘‘(ii) any support, child custody or vis22 itation provisions, orders, remedies, or relief

23 issued as part of a protection order, re24 straining order, or stay away injunction

25 pursuant to State, tribal, territorial, or
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1 local law authorizing the issuance of protec2 tion orders, restraining orders, or injunc3 tions for the protection of victims of domes4 tic violence, dating violence, sexual assault,

5 or stalking.’’.

6 SEC. 119. GAO STUDY AND REPORT.

7 (a) STUDY REQUIRED.—The Comptroller General

8 shall conduct a study to establish the extent to which men,

9 women, youth, and children are victims of domestic vio10 lence, dating violence, sexual assault, and stalking and the

11 availability to all victims of shelter, counseling, legal rep12 resentation, and other services commonly provided to vic13 tims of domestic violence.

14 (b) ACTIVITIES UNDER STUDY.—In conducting the

15 study, the following shall apply:

16 (1) CRIME STATISTICS.—The Comptroller Gen17 eral shall not rely only on crime statistics, but may

18 also use existing research available, including public

19 health studies and academic studies.

20 (2) SURVEY.—The Comptroller General shall

21 survey the Department of Justice, as well as any re22 cipients of Federal funding for any purpose or an ap23 propriate sampling of recipients, to determine—
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1 (A) what services are provided to victims of

2 domestic violence, dating violence, sexual assault,

3 and stalking;

4 (B) whether those services are made avail5 able to youth, child, female, and male victims;

6 and

7 (C) the number, age, and gender of victims

8 receiving each available service.

9 (c) REPORT.—Not later than 1 year after the date of

10 the enactment of this Act, the Comptroller General shall

11 submit to Congress a report on the activities carried out

12 under this section.

13 SEC. 120. GRANTS FOR OUTREACH TO UNDERSERVED POP14 ULATIONS.

15 (a) GRANTS AUTHORIZED.—

16 (1) IN GENERAL.—From amounts made avail17 able to carry out this section, the Attorney General,

18 acting through the Director of the Office on Violence

19 Against Women, shall award grants to eligible entities

20 described in subsection (b) to carry out local, re21 gional, or national public information campaigns fo22 cused on addressing adult, youth, or minor domestic

23 violence, dating violence, sexual assault, stalking, or

24 trafficking within tribal and underserved populations

25 and immigrant communities, including information
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1 on services available to victims and ways to prevent

2 or reduce domestic violence, dating violence, sexual

3 assault, and stalking.

4 (2) TERM.—The Attorney General shall award

5 grants under this section for a period of 1 fiscal year.

6 (b) ELIGIBLE ENTITIES.—Eligible entities under this

7 section are—

8 (1) nonprofit, nongovernmental organizations or

9 coalitions that represent the targeted tribal and un10 derserved populations or immigrant community

11 that—

12 (A) have a documented history of creating

13 and administering effective public awareness

14 campaigns addressing domestic violence, dating

15 violence, sexual assault, and stalking; or

16 (B) work in partnership with an organiza17 tion that has a documented history of creating

18 and administering effective public awareness

19 campaigns addressing domestic violence, dating

20 violence, sexual assault, and stalking; or

21 (2) a governmental entity that demonstrates a

22 partnership with organizations described in para23 graph (1).

24 (c) ALLOCATION OF FUNDS.—Of the amounts appro25 priated for grants under this section—
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1 (1) not more than 20 percent shall be used for

2 national model campaign materials targeted to spe3 cific tribal and underserved populations or immi4 grant community, including American Indian tribes

5 and Alaskan native villages for the purposes of re6 search, testing, message development, and preparation

7 of materials; and

8 (2) the balance shall be used for not less than 10

9 State, regional, territorial, tribal, or local campaigns

10 targeting specific communities with information and

11 materials developed through the national campaign

12 or, if appropriate, new materials to reach an under13 served population or a particularly isolated commu14 nity.

15 (d) USE OF FUNDS.—Funds appropriated under this

16 section shall be used to conduct a public information cam17 paign and build the capacity and develop leadership of ra18 cial, ethnic populations, or immigrant community members

19 to address domestic violence, dating violence, sexual assault,

20 and stalking.

21 (e) APPLICATION.—An eligible entity desiring a grant

22 under this section shall submit an application to the Direc23 tor of the Office on Violence Against Women at such time,

24 in such form, and in such manner as the Director may pre25 scribe.
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1 (f) CRITERIA.—In awarding grants under this section,

2 the Attorney General shall ensure—

3 (1) reasonable distribution among eligible grant4 ees representing various underserved and immigrant

5 communities;

6 (2) reasonable distribution among State, re7 gional, territorial, tribal, and local campaigns;

8 (3) that not more than 8 percent of the total

9 amount appropriated under this section for each fis10 cal year is set aside for training, technical assistance,

11 and data collection.

12 (g) REPORTS.—Each eligible entity receiving a grant

13 under this section shall submit to the Director of the Office

14 of Violence Against Women, every 18 months, a report that

15 describes the activities carried out with grant funds.

16 (h) AUTHORIZATION OF APPROPRIATIONS.—There are

17 authorized to be appropriated to carry out this section

18 $2,000,000 for each of fiscal years 2007 through 2011.

19 SEC. 121. ENHANCING CULTURALLY AND LINGUISTICALLY

20 SPECIFIC SERVICES FOR VICTIMS OF DOMES21 TIC VIOLENCE, DATING VIOLENCE, SEXUAL

22 ASSAULT, AND STALKING.

23 (a) ESTABLISHMENT.—

24 (1) IN GENERAL.—Of the amounts appropriated

25 under certain grant programs identified in para-
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1 graph (a)(2) of this Section, the Attorney General,

2 through the Director of the Violence Against Women

3 Office (referred to in this section as the ‘‘Director’’),

4 shall take 5 percent of such appropriated amounts

5 and combine them to establish a new grant program

6 to enhance culturally and linguistically specific serv7 ices for victims of domestic violence, dating violence,

8 sexual assault, and stalking. Grants made under this

9 new program shall be administered by the Director.

10 (2) PROGRAMS COVERED.—The programs covered

11 by paragraph (1) are the programs carried out under

12 the following provisions:

13 (A) Section 2101 (42 U.S.C. 3796hh),

14 Grants to Encourage Arrest Policies.

15 (B) Section 1201 of the Violence Against

16 Women Act of 2000 (42 U.S.C. 3796gg–6), Legal

17 Assistance for Victims.

18 (C) Section 40295 of the Violence Against

19 Women Act of 1994 (42 U.S.C. 13971), Rural

20 Domestic Violence and Child Abuser Enforce21 ment Assistance.

22 (D) Section lll of the Violence Against

23 Women Act of 1994 (42 U.S.C. lll), Older

24 Battered Women.
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1 (E) Section lll of the Violence Against

2 Women Act of 2000 (42 U.S.C. lll), Dis3 abled Women Program.

4 (b) PURPOSE OF PROGRAM AND GRANTS.—

5 (1) GENERAL PROGRAM PURPOSE.—The purpose

6 of the program required by this section is to promote:

7 (A) The maintenance and replication of ex8 isting successful services in domestic violence,

9 dating violence, sexual assault, and stalking

10 community-based programs providing culturally

11 and linguistically specific services and other re12 sources.

13 (B) The development of innovative cul14 turally and linguistically specific strategies and

15 projects to enhance access to services and re16 sources for victims of domestic violence, dating

17 violence, sexual assault, and stalking who face

18 obstacles to using more traditional services and

19 resources.

20 (2) PURPOSES FOR WHICH GRANTS MAY BE

21 USED.—The Director shall make grants to commu22 nity-based programs for the purpose of enhancing cul23 turally and linguistically specific services for victims

24 of domestic violence, dating violence, sexual assault,

25 and stalking. Grants under the program shall support
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1 community-based efforts to address distinctive cul2 tural and linguistic responses to domestic violence,

3 dating violence, sexual assault, and stalking.

4 (3) TECHNICAL ASSISTANCE AND TRAINING.—

5 The Director shall provide technical assistance and

6 training to grantees of this and other programs under

7 this Act regarding the development and provision of

8 effective culturally and linguistically specific commu9 nity-based services by entering into cooperative agree10 ments or contracts with an organization or organiza11 tions having a demonstrated expertise in and whose

12 primary purpose is addressing the development and

13 provision of culturally and linguistically specific

14 community-based services to victims of domestic vio15 lence, dating violence, sexual assault, and stalking.

16 (c) ELIGIBLE ENTITIES.—Eligible entities for grants

17 under this Section include—

18 (1) community-based programs whose primary

19 purpose is providing culturally and linguistically

20 specific services to victims of domestic violence, dating

21 violence, sexual assault, and stalking; and

22 (2) community-based programs whose primary

23 purpose is providing culturally and linguistically

24 specific services who can partner with a program

25 having demonstrated expertise in serving victims of
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1 domestic violence, dating violence, sexual assault, and

2 stalking.

3 (d) REPORTING.—The Director shall issue a biennial

4 report on the distribution of funding under this section, the

5 progress made in replicating and supporting increased

6 services to victims of domestic violence, dating violence, sex7 ual assault, and stalking who face obstacles to using more

8 traditional services and resources, and the types of cul9 turally and linguistically accessible programs, strategies,

10 technical assistance, and training developed or enhanced

11 through this program.

12 (e) GRANT PERIOD.—The Director shall award grants

13 for a 2-year period, with a possible extension of another

14 2 years to implement projects under the grant.

15 (f) EVALUATION.—The Director shall award a contract

16 or cooperative agreement to evaluate programs under this

17 section to an entity with the demonstrated expertise in and

18 primary goal of providing enhanced cultural and linguistic

19 access to services and resources for victims of domestic vio20 lence, dating violence, sexual assault, and stalking who face

21 obstacles to using more traditional services and resources.

22 (g) NON-EXCLUSIVITY.—Nothing in this Section shall

23 be interpreted to exclude linguistic and culturally specific

24 community-based programs from applying to other grant

25 programs authorized under this Act.
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1 TITLE II—IMPROVING SERVICES

2 FOR VICTIMS OF DOMESTIC

3 VIOLENCE, DATING VIO4 LENCE, SEXUAL ASSAULT,

5 AND STALKING

6 SEC. 201. FINDINGS.

7 Congress finds the following:

(1) Nearly 1 8 ⁄3 of American women report phys9 ical or sexual abuse by a husband or boyfriend at

10 some point in their lives.

11 (2) According to the National Crime Victimiza12 tion Survey, 248,000 Americans 12 years of age and

13 older were raped or sexually assaulted in 2002.

14 (3) Rape and sexual assault in the United States

15 is estimated to cost $127,000,000,000 per year,

16 including—

17 (A) lost productivity;

18 (B) medical and mental health care;

19 (C) police and fire services;

20 (D) social services;

21 (E) loss of and damage to property; and

22 (F) reduced quality of life.

23 (4) Nonreporting of sexual assault in rural areas

24 is a particular problem because of the high rate of

25 nonstranger sexual assault.
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1 (5) Geographic isolation often compounds the

2 problems facing sexual assault victims. The lack of

3 anonymity and accessible support services can limit

4 opportunities for justice for victims.

5 (6) Domestic elder abuse is primarily family

6 abuse. The National Elder Abuse Incidence Study

7 found that the perpetrator was a family member in

8 90 percent of cases.

9 (7) Barriers for older victims leaving abusive re10 lationships include—

11 (A) the inability to support themselves;

12 (B) poor health that increases their depend13 ence on the abuser;

14 (C) fear of being placed in a nursing home;

15 and

16 (D) ineffective responses by domestic abuse

17 programs and law enforcement.

18 (8) Disabled women comprise another vulnerable

19 population with unmet needs. Women with disabil20 ities are more likely to be the victims of abuse and

21 violence than women without disabilities because of

22 their increased physical, economic, social, or psycho23 logical dependence on others.

24 (9) Many women with disabilities also fail to re25 port the abuse, since they are dependent on their
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1 abusers and fear being abandoned or institutional2 ized.

3 (10) Of the 598 battered women’s programs

4 surveyed—

5 (A) only 35 percent of these programs of6 fered disability awareness training for their

7 staff; and

8 (B) only 16 percent dedicated a staff mem9 ber to provide services to women with disabil10 ities.

11 (11) Problems of domestic violence are exacer12 bated for immigrants when spouses control the immi13 gration status of their family members, and abusers

14 use threats of refusal to file immigration papers and

15 threats to deport spouses and children as powerful

16 tools to prevent battered immigrant women from seek17 ing help, trapping battered immigrant women in vio18 lent homes because of fear of deportation.

19 (12) Battered immigrant women who attempt to

20 flee abusive relationships may not have access to bi21 lingual shelters or bilingual professionals, and face re22 strictions on public or financial assistance. They may

23 also lack assistance of a certified interpreter in court,

24 when reporting complaints to the police or a 9–1–1
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1 operator, or even in acquiring information about

2 their rights and the legal system.

3 (13) More than 500 men and women call the Na4 tional Domestic Violence Hotline every day to get im5 mediate, informed, and confidential assistance to help

6 deal with family violence.

7 (14) The National Domestic Violence Hotline

8 service is available, toll-free, 24 hours a day and 7

9 days a week, with bilingual staff, access to translators

10 in 150 languages, and a TTY line for the hearing-im11 paired.

12 (15) With access to over 5,000 shelters and serv13 ice providers across the United States, Puerto Rico,

14 and the United States Virgin Islands, the National

15 Domestic Violence Hotline provides crisis intervention

16 and immediately connects callers with sources of help

17 in their local community.

18 (16) Approximately 60 percent of the callers in19 dicate that calling the Hotline is their first attempt

20 to address a domestic violence situation and that they

21 have not called the police or any other support serv22 ices.

23 (17) Between 2000 and 2003, there was a 27

24 percent increase in call volume at the National Do25 mestic Violence Hotline.
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1 (18) Improving technology infrastructure at the

2 National Domestic Violence Hotline and training ad3 vocates, volunteers, and other staff on upgraded tech4 nology will drastically increase the Hotline’s ability

5 to answer more calls quickly and effectively.

6 SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.

7 Part T of title I of the Omnibus Crime Control and

8 Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is

9 amended by inserting after section 2012, as added by this

10 Act, the following:

11 ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES.

12 ‘‘(a) PURPOSES.—The purposes of this section are—

13 ‘‘(1) to assist States, Indian tribes, and terri14 tories in providing intervention, advocacy, accom15 paniment, support services, and related assistance

16 for—

17 ‘‘(A) adult, youth, and child victims of sex18 ual assault;

19 ‘‘(B) family and household members of such

20 victims; and

21 ‘‘(C) those collaterally affected by the vic22 timization, except for the perpetrator of such vic23 timization;

24 ‘‘(2) to provide for technical assistance and

25 training relating to sexual assault to—
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1 ‘‘(A) Federal, State, tribal, territorial and

2 local governments, law enforcement agencies, and

3 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 Gen12 eral shall award grants to States and territories to

13 support the establishment, maintenance, and expan14 sion of rape crisis centers and other programs and

15 projects to assist those victimized by sexual assault.

16 ‘‘(2) ALLOCATION AND USE OF FUNDS.—

17 ‘‘(A) ADMINISTRATIVE COSTS.—Not more

18 than 5 percent of the grant funds received by a

19 State or territory governmental agency under

20 this subsection for any fiscal year may be used

21 for administrative costs.

22 ‘‘(B) GRANT FUNDS.—Any funds received

23 by a State or territory under this subsection that

24 are not used for administrative costs shall be

25 used to provide grants to rape crisis centers and
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1 other nonprofit, nongovernmental organizations

2 for programs and activities within such State or

3 territory that provide direct intervention and re4 lated assistance.

5 ‘‘(C) INTERVENTION AND RELATED ASSIST6 ANCE.—Intervention and related assistance

7 under subparagraph (B) may include—

8 ‘‘(i) 24 hour hotline services providing

9 crisis intervention services and referral;

10 ‘‘(ii) accompaniment and advocacy

11 through medical, criminal justice, and so12 cial support systems, including medical fa13 cilities, police, and court proceedings;

14 ‘‘(iii) crisis intervention, short-term

15 individual and group support services, and

16 comprehensive service coordination and su17 pervision to assist sexual assault victims

18 and family or household members;

19 ‘‘(iv) information and referral to assist

20 the sexual assault victim and family or

21 household members;

22 ‘‘(v) community-based, linguistically

23 and culturally specific services and support

24 mechanisms, including outreach activities

25 for underserved communities; and
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1 ‘‘(vi) the development and distribution

2 of materials on issues related to the services

3 described in clauses (i) through (v).

4 ‘‘(3) APPLICATION.—

5 ‘‘(A) IN GENERAL.—Each eligible entity de6 siring a grant under this subsection shall submit

7 an application to the Attorney General at such

8 time and in such manner as the Attorney Gen9 eral may reasonably require.

10 ‘‘(B) CONTENTS.—Each application sub11 mitted under subparagraph (A) shall—

12 ‘‘(i) set forth procedures designed to en13 sure meaningful involvement of the State or

14 territorial sexual assault coalition and rep15 resentatives from underserved communities

16 in the development of the application and

17 the implementation of the plans;

18 ‘‘(ii) set forth procedures designed to

19 ensure an equitable distribution of grants

20 and grant funds within the State or terri21 tory and between urban and rural areas

22 within such State or territory;

23 ‘‘(iii) identify the State or territorial

24 agency that is responsible for the adminis25 tration of programs and activities; and
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1 ‘‘(iv) meet other such requirements as

2 the Attorney General reasonably determines

3 are necessary to carry out the purposes and

4 provisions of this section.

5 ‘‘(4) MINIMUM AMOUNT.—The Attorney General

6 shall allocate to each State not less than 1.50 percent

7 of the total amount appropriated in a fiscal year for

8 grants under this section, except that the United

9 States Virgin Islands, American Samoa, Guam, the

10 District of Columbia, Puerto Rico, and the Common11 wealth of the Northern Mariana Islands shall each be

12 allocated 0.125 percent of the total appropriations.

13 The remaining funds shall be allotted to each State

14 and each territory in an amount that bears the same

15 ratio to such remaining funds as the population of

16 such State and such territory bears to the population

17 of the combined States or the population of the com18 bined territories.

19 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

20 ADDRESSING SEXUAL ASSAULT.—

21 ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen22 eral shall award grants to eligible entities to support

23 the establishment, maintenance, and expansion of cul24 turally specific intervention and related assistance for

25 victims of sexual assault.
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1 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re2 ceive a grant under this section, an entity shall—

3 ‘‘(A) be a private nonprofit organization

4 that focuses primarily on culturally specific com5 munities;

6 ‘‘(B) must have documented organizational

7 experience in the area of sexual assault interven8 tion or have entered into a partnership with an

9 organization having such expertise;

10 ‘‘(C) have expertise in the development of

11 community-based, linguistically and culturally

12 specific outreach and intervention services rel13 evant for the specific communities to whom as14 sistance would be provided or have the capacity

15 to link to existing services in the community tai16 lored to the needs of culturally specific popu17 lations; and

18 ‘‘(D) have an advisory board or steering

19 committee and staffing which is reflective of the

20 targeted culturally specific community.

21 ‘‘(3) AWARD BASIS.—The Attorney General shall

22 award grants under this section on a competitive

23 basis.

24 ‘‘(4) DISTRIBUTION.—
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1 ‘‘(A) The Attorney General shall not use

2 more than 2.5 percent of funds appropriated

3 under this subsection in any year for adminis4 tration, monitoring, and evaluation of grants

5 made available under this subsection.

6 ‘‘(B) Up to 5 percent of funds appropriated

7 under this subsection in any year shall be avail8 able for technical assistance by a national, non9 profit, nongovernmental organization or organi10 zations whose primary focus and expertise is in

11 addressing sexual assault within underserved

12 culturally specific populations.

13 ‘‘(5) TERM.—The Attorney General shall make

14 grants under this section for a period of no less than

15 2 fiscal years.

16 ‘‘(6) REPORTING.—Each entity receiving a grant

17 under this subsection shall submit a report to the At18 torney General that describes the activities carried out

19 with such grant funds.

20 ‘‘(d) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

21 SEXUAL ASSAULT COALITIONS.—

22 ‘‘(1) GRANTS AUTHORIZED.—

23 ‘‘(A) IN GENERAL.—The Attorney General

24 shall award grants to State, territorial, and trib25 al sexual assault coalitions to assist in sup-
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1 porting the establishment, maintenance, and ex2 pansion of such coalitions.

3 ‘‘(B) MINIMUM AMOUNT.—Not less than 10

4 percent of the total amount appropriated to

5 carry out this section shall be used for grants

6 under subparagraph (A).

7 ‘‘(C) ELIGIBLE APPLICANTS.—Each of the

8 State, territorial, and tribal sexual assault coali9 tions.

10 ‘‘(2) USE OF FUNDS.—Grant funds received

11 under this subsection may be used to—

12 ‘‘(A) work with local sexual assault pro13 grams and other providers of direct services to

14 encourage appropriate responses to sexual as15 sault within the State, territory, or tribe;

16 ‘‘(B) work with judicial and law enforce17 ment agencies to encourage appropriate re18 sponses to sexual assault cases;

19 ‘‘(C) work with courts, child protective serv20 ices agencies, and children’s advocates to develop

21 appropriate responses to child custody and visi22 tation issues when sexual assault has been deter23 mined to be a factor;

24 ‘‘(D) design and conduct public education

25 campaigns;
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1 ‘‘(E) plan and monitor the distribution of

2 grants and grant funds to their State, territory,

3 or tribe; or

4 ‘‘(F) collaborate with and inform Federal,

5 State, or local public officials and agencies to de6 velop and implement policies to reduce or elimi7 nate sexual assault.

8 ‘‘(3) ALLOCATION AND USE OF FUNDS.—From

9 amounts appropriated for grants under this sub10 section for each fiscal year—

11 ‘‘(A) not less than 10 percent of the funds

12 shall be available for grants to tribal sexual as13 sault coalitions;

14 ‘‘(B) the remaining funds shall be available

15 for grants to State and territorial coalitions, and

16 the Attorney General shall allocate an amount

equal to 1 17 ⁄56 of the amounts so appropriated to

18 each of those State and territorial coalitions.

19 ‘‘(4) APPLICATION.—Each eligible entity desiring

20 a grant under this subsection shall submit an appli21 cation to the Attorney General at such time, in such

22 manner, and containing such information as the At23 torney General determines to be essential to carry out

24 the purposes of this section.
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1 ‘‘(5) FIRST-TIME APPLICANTS.—No entity shall

2 be prohibited from submitting an application under

3 this subsection during any fiscal year for which funds

4 are available under this subsection because such enti5 ty has not previously applied or received funding

6 under this subsection.

7 ‘‘(e) GRANTS TO TRIBES.—

8 ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen9 eral may award grants to Indian tribes, tribal orga10 nizations, and nonprofit tribal organizations for the

11 operation of sexual assault programs or projects in

12 Indian country and Alaska Native villages to support

13 the establishment, maintenance, and expansion of

14 programs and projects to assist those victimized by

15 sexual assault.

16 ‘‘(2) ALLOCATION AND USE OF FUNDS.—

17 ‘‘(A) ADMINISTRATIVE COSTS.—Not more

18 than 5 percent of the grant funds received by an

19 Indian tribe, tribal organization, and nonprofit

20 tribal organization under this subsection for any

21 fiscal year may be used for administrative costs.

22 ‘‘(B) GRANT FUNDS.—Any funds received

23 under this subsection that are not used for ad24 ministrative costs shall be used to provide grants

25 to tribal organizations and nonprofit tribal or-
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1 ganizations for programs and activities within

2 Indian country and Alaskan native villages that

3 provide direct intervention and related assist4 ance.

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

6 ‘‘(1) IN GENERAL.—There are authorized to be

7 appropriated $50,000,000 for each of the fiscal years

8 2007 through 2011 to carry out the provisions of this

9 section.

10 ‘‘(2) ALLOCATIONS.—Of the total amounts ap11 propriated for each fiscal year to carry out this

12 section—

13 ‘‘(A) not more than 2.5 percent shall be

14 used by the Attorney General for evaluation,

15 monitoring, and other administrative costs

16 under this section;

17 ‘‘(B) not more than 2.5 percent shall be

18 used for the provision of technical assistance to

19 grantees and subgrantees under this section;

20 ‘‘(C) not less than 65 percent shall be used

21 for grants to States and territories under sub22 section (b);

23 ‘‘(D) not less than 10 percent shall be used

24 for making grants to State, territorial, and trib25 al sexual assault coalitions under subsection (d);
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1 ‘‘(E) not less than 10 percent shall be used

2 for grants to tribes under subsection (e); and

3 ‘‘(F) not less than 10 percent shall be used

4 for grants for culturally specific programs ad5 dressing sexual assault under subsection (c).’’.

6 SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIO7 LENCE AND CHILD ABUSE ENFORCEMENT AS8 SISTANCE PROGRAM.

9 Section 40295 of the Safe Homes for Women Act of

10 1994 (42 U.S.C. 13971) is amended to read as follows:

11 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO12 LENCE, SEXUAL ASSAULT, STALKING, AND

13 CHILD ABUSE ENFORCEMENT ASSISTANCE.

14 ‘‘(a) PURPOSES.—The purposes of this section are—

15 ‘‘(1) to identify, assess, and appropriately re16 spond to child, youth, and adult victims of domestic

17 violence, sexual assault, dating violence, and stalking

18 in rural communities, by encouraging collaboration

19 among—

20 ‘‘(A) domestic violence, dating violence, sex21 ual assault, and stalking victim service pro22 viders;

23 ‘‘(B) law enforcement agencies;

24 ‘‘(C) prosecutors;

25 ‘‘(D) courts;
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1 ‘‘(E) other criminal justice service pro2 viders;

3 ‘‘(F) human and community service pro4 viders;

5 ‘‘(G) educational institutions; and

6 ‘‘(H) health care providers;

7 ‘‘(2) to establish and expand nonprofit, non8 governmental, State, tribal, territorial, and local gov9 ernment victim services in rural communities to

10 child, youth, and adult victims; and

11 ‘‘(3) to increase the safety and well-being of

12 women and children in rural communities, by—

13 ‘‘(A) dealing directly and immediately with

14 domestic violence, sexual assault, dating violence,

15 and stalking occurring in rural communities;

16 and

17 ‘‘(B) creating and implementing strategies

18 to increase awareness and prevent domestic vio19 lence, sexual assault, dating violence, and stalk20 ing.

21 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General,

22 acting through the Director of the Office on Violence Against

23 Women (referred to in this section as the ‘Director’), may

24 award grants to States, Indian tribes, local governments,

25 and nonprofit, public or private entities, including tribal
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1 nonprofit organizations, to carry out programs serving

2 rural areas or rural communities that address domestic vio3 lence, dating violence, sexual assault, and stalking by—

4 ‘‘(1) implementing, expanding, and establishing

5 cooperative efforts and projects among law enforce6 ment officers, prosecutors, victim advocacy groups,

7 and other related parties to investigate and prosecute

8 incidents of domestic violence, dating violence, sexual

9 assault, and stalking;

10 ‘‘(2) providing treatment, counseling, advocacy,

11 and other long- and short-term assistance to adult

12 and minor victims of domestic violence, dating vio13 lence, sexual assault, and stalking in rural commu14 nities, including assistance in immigration matters;

15 and

16 ‘‘(3) working in cooperation with the community

17 to develop education and prevention strategies di18 rected toward such issues.

19 ‘‘(c) USE OF FUNDS.—Funds appropriated pursuant

20 to this section shall be used only for specific programs and

21 activities expressly described in subsection (a).

22 ‘‘(d) ALLOTMENTS AND PRIORITIES.—

23 ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not less

24 than 10 percent of the total amount made available

25 for each fiscal year to carry out this section shall be
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1 allocated for grants to Indian tribes or tribal organi2 zations.

3 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT.—

4 ‘‘(A) IN GENERAL.—Not less than 25 per5 cent of the total amount appropriated in a fiscal

6 year under this section shall fund services that

7 meaningfully address sexual assault in rural

8 communities, however at such time as the

9 amounts appropriated reach the amount of

10 $45,000,000, the percentage allocated shall rise to

11 30 percent of the total amount appropriated, at

12 such time as the amounts appropriated reach the

13 amount of $50,000,000, the percentage allocated

14 shall rise to 35 percent of the total amount ap15 propriated, and at such time as the amounts ap16 propriated reach the amount of $55,000,000, the

17 percentage allocated shall rise to 40 percent of

18 the amounts appropriated.

19 ‘‘(B) MULTIPLE PURPOSE APPLICATIONS.—

20 Nothing in this section shall prohibit any appli21 cant from applying for funding to address sexual

22 assault, domestic violence, stalking, or dating vi23 olence in the same application.

24 ‘‘(3) ALLOTMENT FOR TECHNICAL ASSISTANCE.—

25 Of the amounts appropriated for each fiscal year to
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1 carry out this section, not more than 8 percent may

2 be used by the Director for technical assistance costs.

3 Of the amounts appropriated in this subsection, no

4 less than 25 percent of such amounts shall be avail5 able to a nonprofit, nongovernmental organization or

6 organizations whose focus and expertise is in address7 ing sexual assault to provide technical assistance to

8 sexual assault grantees.

9 ‘‘(4) UNDERSERVED POPULATIONS.—In award10 ing grants under this section, the Director shall give

11 priority to the needs of underserved populations.

12 ‘‘(5) ALLOCATION OF FUNDS FOR RURAL

13 STATES.—Not less than 75 percent of the total

14 amount made available for each fiscal year to carry

15 out this section shall be allocated to eligible entities

16 located in rural States.

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

18 ‘‘(1) IN GENERAL.—There are authorized to be

19 appropriated $55,000,000 for each of the fiscal years

20 2007 through 2011 to carry out this section.

21 ‘‘(2) ADDITIONAL FUNDING.—In addition to

22 funds received through a grant under subsection (b),

23 a law enforcement agency may use funds received

24 through a grant under part Q of title I of the Omni25 bus Crime Control and Safe Streets Act of 1968 (42
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1 U.S.C. 3796dd et seq.) to accomplish the objectives of

2 this section.’’.

3 SEC. 204. TRAINING AND SERVICES TO END VIOLENCE

4 AGAINST WOMEN WITH DISABILITIES.

5 (a) IN GENERAL.—Section 1402 of the Violence

6 Against Women Act of 2000 (42 U.S.C. 3796gg–7) is

7 amended to read as follows:

8 ‘‘SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERV9 ICES TO END VIOLENCE AGAINST AND ABUSE

10 OF WOMEN WITH DISABILITIES.

11 ‘‘(a) IN GENERAL.—The Attorney General, in con12 sultation with the Secretary of Health and Human Serv13 ices, may award grants to eligible entities—

14 ‘‘(1) to provide training, consultation, and infor15 mation on domestic violence, dating violence, stalking,

16 and sexual assault against individuals with disabil17 ities (as defined in section 3 of the Americans with

18 Disabilities Act of 1990 (42 U.S.C. 12102)); and

19 ‘‘(2) to enhance direct services to such individ20 uals.

21 ‘‘(b) USE OF FUNDS.—Grants awarded under this sec22 tion shall be used—

23 ‘‘(1) to provide personnel, training, technical as24 sistance, advocacy, intervention, risk reduction and
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1 prevention of domestic violence, dating violence, stalk2 ing, and sexual assault against disabled individuals;

3 ‘‘(2) to conduct outreach activities to ensure that

4 disabled individuals who are victims of domestic vio5 lence, dating violence, stalking, or sexual assault re6 ceive appropriate assistance;

7 ‘‘(3) to conduct cross-training for victim service

8 organizations, governmental agencies, courts, law en9 forcement, and nonprofit, nongovernmental organiza10 tions serving individuals with disabilities about risk

11 reduction, intervention, prevention and the nature of

12 domestic violence, dating violence, stalking, and sex13 ual assault for disabled individuals;

14 ‘‘(4) to provide technical assistance to assist with

15 modifications to existing policies, protocols, and pro16 cedures to ensure equal access to the services, pro17 grams, and activities of victim service organizations

18 for disabled individuals;

19 ‘‘(5) to provide training and technical assistance

20 on the requirements of shelters and victim services or21 ganizations under Federal antidiscrimination laws,

22 including—

23 ‘‘(A) the Americans with Disabilities Act of

24 1990; and
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1 ‘‘(B) section 504 of the Rehabilitation Act of

2 1973;

3 ‘‘(6) to modify facilities, purchase equipment,

4 and provide personnel so that shelters and victim

5 service organizations can accommodate the needs of

6 disabled individuals;

7 ‘‘(7) to provide advocacy and intervention serv8 ices for disabled individuals who are victims of do9 mestic violence, dating violence, stalking, or sexual

10 assault; or

11 ‘‘(8) to develop model programs providing advo12 cacy and intervention services within organizations

13 serving disabled individuals who are victims of do14 mestic violence, dating violence, sexual assault, or

15 stalking.

16 ‘‘(c) ELIGIBLE ENTITIES.—

17 ‘‘(1) IN GENERAL.—An entity shall be eligible to

18 receive a grant under this section if the entity is—

19 ‘‘(A) a State;

20 ‘‘(B) a unit of local government;

21 ‘‘(C) an Indian tribal government or tribal

22 organization; or

23 ‘‘(D) a nonprofit and nongovernmental vic24 tim services organization, such as a State domes25 tic violence or sexual assault coalition or a non-
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1 profit, nongovernmental organization serving

2 disabled individuals.

3 ‘‘(2) LIMITATION.—A grant awarded for the pur4 pose described in subsection (b)(8) shall only be

5 awarded to an eligible agency (as defined in section

6 410 of the Rehabilitation Act of 1973 (29 U.S.C.

7 796f–5).

8 ‘‘(d) UNDERSERVED POPULATIONS.—In awarding

9 grants under this section, the Director shall ensure that the

10 needs of underserved populations are being addressed.

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated $10,000,000 for each of the

13 fiscal years 2007 through 2011 to carry out this section.’’.

14 SEC. 205. TRAINING AND SERVICES TO END VIOLENCE

15 AGAINST WOMEN IN LATER LIFE.

16 (a) TRAINING PROGRAMS.—Section 40802 of the Vio17 lence Against Women Act of 1994 (42 U.S.C. 14041a) is

18 amended to read as follows:

19 ‘‘SEC. 40802. ENHANCED TRAINING AND SERVICES TO END

20 VIOLENCE AGAINST AND ABUSE OF WOMEN

21 LATER IN LIFE.

22 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General,

23 through the Director of the Office on Violence Against

24 Women, may award grants, which may be used for—
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1 ‘‘(1) training programs to assist law enforce2 ment, prosecutors, governmental agencies, victim as3 sistants, and relevant officers of Federal, State, tribal,

4 territorial, and local courts in recognizing, address5 ing, investigating, and prosecuting instances of elder

6 abuse, neglect, and exploitation, including domestic

7 violence, dating violence, sexual assault, or stalking

8 against victims who are 50 years of age or older;

9 ‘‘(2) providing or enhancing services for victims

10 of elder abuse, neglect, and exploitation, including do11 mestic violence, dating violence, sexual assault, or

12 stalking, who are 50 years of age or older;

13 ‘‘(3) creating or supporting multidisciplinary

14 collaborative community responses to victims of elder

15 abuse, neglect, and exploitation, including domestic

16 violence, dating violence, sexual assault, and stalking,

17 who are 50 years of age or older; and

18 ‘‘(4) conducting cross-training for victim service

19 organizations, governmental agencies, courts, law en20 forcement, and nonprofit, nongovernmental organiza21 tions serving victims of elder abuse, neglect, and ex22 ploitation, including domestic violence, dating vio23 lence, sexual assault, and stalking, who are 50 years

24 of age or older.
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1 ‘‘(b) ELIGIBLE ENTITIES.—An entity shall be eligible

2 to receive a grant under this section if the entity is—

3 ‘‘(1) a State;

4 ‘‘(2) a unit of local government;

5 ‘‘(3) an Indian tribal government or tribal orga6 nization; or

7 ‘‘(4) a nonprofit and nongovernmental victim

8 services organization with demonstrated experience in

9 assisting elderly women or demonstrated experience

10 in addressing domestic violence, dating violence, sex11 ual assault, and stalking.

12 ‘‘(c) UNDERSERVED POPULATIONS.—In awarding

13 grants under this section, the Director shall ensure that

14 services are culturally and linguistically relevant and that

15 the needs of underserved populations are being addressed.’’.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

17 40803 of the Violence Against Women Act of 1994 (42

18 U.S.C. 14041b) is amended by striking ‘‘$5,000,000 for each

19 of fiscal years 2001 through 2005’’ and inserting

20 ‘‘$10,000,000 for each of the fiscal years 2007 through

21 2011’’.

22 SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIO23 LENCE HOTLINE.

24 Section 316 of the Family Violence Prevention and

25 Services Act (42 U.S.C. 10416) is amended—
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1 (1) in subsection (d)(2), by inserting ‘‘(including

2 technology training)’’ after ‘‘train;’’

3 (2) in subsection (f)(2)(A), by inserting ‘‘, in4 cluding technology training to ensure that all persons

5 affiliated with the hotline are able to effectively oper6 ate any technological systems used by the hotline’’

7 after ‘‘hotline personnel’’; and

8 (3) in subsection (g)(2), by striking ‘‘shall’’ and

9 inserting ‘‘may’’.

10 TITLE III—SERVICES, PROTEC11 TION, AND JUSTICE FOR

12 YOUNG VICTIMS OF VIO13 LENCE

14 SEC. 301. FINDINGS.

15 Congress finds the following:

16 (1) Youth, under the age of 18, account for 67

17 percent of all sexual assault victimizations reported to

18 law enforcement officials.

19 (2) The Department of Justice consistently finds

20 that young women between the ages of 16 and 24 ex21 perience the highest rate of non-fatal intimate partner

22 violence.

23 (3) In 1 year, over 4,000 incidents of rape or

24 sexual assault occurred in public schools across the

25 country.
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1 (4) Young people experience particular obstacles

2 to seeking help. They often do not have access to

3 money, transportation, or shelter services. They must

4 overcome issues such as distrust of adults, lack of

5 knowledge about available resources, or pressure from

6 peers and parents.

7 (5) A needs assessment on teen relationship

8 abuse for the State of California, funded by the Cali9 fornia Department of Health Services, identified a de10 sire for confidentiality and confusion about the law

11 as 2 of the most significant barriers to young victims

12 of domestic and dating violence seeking help.

13 (6) Only one State specifically allows for minors

14 to petition the court for protection orders.

15 (7) Many youth are involved in dating relation16 ships, and these relationships can include the same

17 kind of domestic violence and dating violence seen in

18 the adult population. In fact, more than 40 percent

19 of all incidents of domestic violence involve people

20 who are not married.

21 (8) 40 percent of girls ages 14 to 17 report know22 ing someone their age who has been hit or beaten by

23 a boyfriend, and 13 percent of college women report

24 being stalked.
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1 (9) Of college women who said they had been the

2 victims of rape or attempted rape, 12.8 percent of

3 completed rapes, 35 percent of attempted rapes, and

4 22.9 percent of threatened rapes took place on a date.

5 Almost 60 percent of the completed rapes that oc6 curred on campus took place in the victim’s residence.

7 (10) According to a 3-year study of student-ath8 letes at 10 Division I universities, male athletes made

9 up only 3.3 percent of the general male university

10 population, but they accounted for 19 percent of the

11 students reported for sexual assault and 35 percent of

12 domestic violence perpetrators.

13 SEC. 302. RAPE PREVENTION AND EDUCATION.

14 Section 393B(c) of part J of title III of the Public

15 Health Service Act (42 U.S.C. 280b–1c(c)) is amended to

16 read as follows:

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

18 ‘‘(1) IN GENERAL.—There is authorized to be ap19 propriated to carry out this section $80,000,000 for

20 each of fiscal years 2007 through 2011.

21 ‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE

22 CENTER ALLOTMENT.—Of the total amount made

23 available under this subsection in each fiscal year,

24 not less than $1,500,000 shall be available for allot25 ment under subsection (b).’’.
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1 SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUS2 TICE FOR YOUNG VICTIMS OF VIOLENCE.

3 The Violence Against Women Act of 1994 (Public Law

4 103–322, Stat. 1902 et seq.) is amended by adding at the

5 end the following:

6 ‘‘Subtitle L—Services, Education,

7 Protection and Justice for

8 Young Victims of Violence

9 ‘‘SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND

10 TO YOUTH.

11 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General,

12 in consultation with the Department of Health and Human

13 Services, shall award grants to eligible entities to conduct

14 programs to serve youth victims of domestic violence, dating

15 violence, sexual assault, and stalking. Amounts appro16 priated under this section may only be used for programs

17 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 teen and young adult victims of domestic violence,

23 dating violence, sexual assault, or stalking;

24 ‘‘(2) a community-based organization special25 izing in intervention or violence prevention services

26 for youth;
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1 ‘‘(3) an Indian Tribe or tribal organization pro2 viding services primarily to tribal youth or tribal vic3 tims of domestic violence, dating violence, sexual as4 sault or stalking; or

5 ‘‘(4) a nonprofit, nongovernmental entity pro6 viding services for runaway or homeless youth affected

7 by domestic or sexual abuse.

8 ‘‘(c) USE OF FUNDS.—

9 ‘‘(1) IN GENERAL.—An entity that receives a

10 grant under this section shall use amounts provided

11 under the grant to design or replicate, and imple12 ment, programs and services, using domestic violence,

13 dating violence, sexual assault, and stalking interven14 tion models to respond to the needs of youth who are

15 victims of domestic violence, dating violence, sexual

16 assault or stalking.

17 ‘‘(2) TYPES OF PROGRAMS.—Such a program—

18 ‘‘(A) shall provide direct counseling and ad19 vocacy for youth and young adults, who have ex20 perienced domestic violence, dating violence, sex21 ual assault or stalking;

22 ‘‘(B) shall include linguistically, culturally,

23 and community relevant services for underserved

24 populations or linkages to existing services in the
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1 community tailored to the needs of underserved

2 populations;

3 ‘‘(C) may include mental health services for

4 youth and young adults who have experienced

5 domestic violence, dating violence, sexual assault,

6 or stalking;

7 ‘‘(D) may include legal advocacy efforts on

8 behalf of youth and young adults with respect to

9 domestic violence, dating violence, sexual assault

10 or stalking;

11 ‘‘(E) may work with public officials and

12 agencies to develop and implement policies,

13 rules, and procedures in order to reduce or elimi14 nate domestic violence, dating violence, sexual

15 assault, and stalking against youth and young

16 adults; and

17 ‘‘(F) may use not more than 25 percent of

18 the grant funds to provide additional services

19 and resources for youth, including childcare,

20 transportation, educational support, and respite

21 care.

22 ‘‘(d) AWARDS BASIS.—

23 ‘‘(1) GRANTS TO INDIAN TRIBES.—Not less than

24 7 percent of funds appropriated under this section in
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1 any year shall be available for grants to Indian

2 Tribes or tribal organizations.

3 ‘‘(2) ADMINISTRATION.—The Attorney General

4 shall not use more than 2.5 percent of funds appro5 priated under this section in any year for adminis6 tration, monitoring, and evaluation of grants made

7 available under this section.

8 ‘‘(3) TECHNICAL ASSISTANCE.—Not less than 5

9 percent of funds appropriated under this section in

10 any year shall be available to provide technical assist11 ance for programs funded 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) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated to carry out this section,

16 $15,000,000 for each of fiscal years 2007 through 2011.

17 ‘‘SEC. 41202. ACCESS TO JUSTICE FOR YOUTH.

18 ‘‘(a) PURPOSE.—It is the purpose of this section to en19 courage cross training and collaboration between the courts,

20 domestic violence and sexual assault service providers,

21 youth organizations and service providers, violence preven22 tion programs, and law enforcement agencies, so that com23 munities can establish and implement policies, procedures,

24 and practices to protect and more comprehensively and ef25 fectively serve young victims of dating violence, domestic
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1 violence, sexual assault, and stalking who are between the

2 ages of 12 and 24, and to engage, where necessary, other

3 entities addressing the safety, health, mental health, social

4 service, housing, and economic needs of young victims of

5 domestic violence, dating violence, sexual assault, and stalk6 ing, including community-based supports such as schools,

7 local health centers, community action groups, and neigh8 borhood coalitions.

9 ‘‘(b) GRANT AUTHORITY.—

10 ‘‘(1) IN GENERAL.—The Attorney General,

11 through the Director of the Office on Violence Against

12 Women (in this section referred to as the ‘Director’),

13 shall make grants to eligible entities to carry out the

14 purposes of this section.

15 ‘‘(2) GRANT PERIODS.—Grants shall be awarded

16 under this section for a period of 2 fiscal years.

17 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a

18 grant under this section, a grant applicant shall es19 tablish a collaboration that—

20 ‘‘(A) shall include a victim service provider

21 that has a documented history of effective work

22 concerning domestic violence, dating violence,

23 sexual assault, or stalking and the effect that

24 those forms of abuse have on young people;
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1 ‘‘(B) shall include a court or law enforce2 ment agency partner; and

3 ‘‘(C) may include—

4 ‘‘(i) batterer intervention programs or

5 sex offender treatment programs with spe6 cialized knowledge and experience working

7 with youth offenders;

8 ‘‘(ii) community-based youth organiza9 tions that deal specifically with the concerns

10 and problems faced by youth, including pro11 grams that target teen parents and under12 served communities;

13 ‘‘(iii) schools or school-based programs

14 designed to provide prevention or interven15 tion services to youth experiencing prob16 lems;

17 ‘‘(iv) faith-based entities that deal with

18 the concerns and problems faced by youth;

19 ‘‘(v) healthcare entities eligible for re20 imbursement under title XVIII of the Social

21 Security Act, including providers that tar22 get the special needs of youth;

23 ‘‘(vi) education programs on HIV and

24 other sexually transmitted diseases that are

25 designed to target teens;
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1 ‘‘(vii) Indian Health Service, tribal

2 child protective services, the Bureau of In3 dian Affairs, or the Federal Bureau of In4 vestigations; or

5 ‘‘(viii) law enforcement agencies of the

6 Bureau of Indian Affairs providing tribal

7 law enforcement.

8 ‘‘(c) USES OF FUNDS.—An entity that receives a grant

9 under this section shall use the funds made available

10 through the grant for cross-training and collaborative

11 efforts—

12 ‘‘(1) addressing domestic violence, dating vio13 lence, sexual assault, and stalking, assessing and ana14 lyzing currently available services for youth and

15 young adult victims, determining relevant barriers to

16 such services in a particular locality, and developing

17 a community protocol to address such problems col18 laboratively;

19 ‘‘(2) to establish and enhance linkages and col20 laboration between—

21 ‘‘(A) domestic violence and sexual assault

22 service providers; and

23 ‘‘(B) where applicable, law enforcement

24 agencies, courts, Federal agencies, and other en25 tities addressing the safety, health, mental
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1 health, social service, housing, and economic

2 needs of young victims of abuse, including com3 munity-based supports such as schools, local

4 health centers, community action groups, and

5 neighborhood coalitions—

6 ‘‘(i) to respond effectively and com7 prehensively to the varying needs of young

8 victims of abuse;

9 ‘‘(ii) to include linguistically, cul10 turally, and community relevant services

11 for underserved populations or linkages to

12 existing services in the community tailored

13 to the needs of underserved populations; and

14 ‘‘(iii) to include where appropriate

15 legal assistance, referral services, and pa16 rental support;

17 ‘‘(3) to educate the staff of courts, domestic vio18 lence and sexual assault service providers, and, as ap19 plicable, the staff of law enforcement agencies, Indian

20 child welfare agencies, youth organizations, schools,

21 healthcare providers, and other community prevention

22 and intervention programs to responsibly address

23 youth victims and perpetrators of domestic violence,

24 dating violence, sexual assault, and stalking;
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1 ‘‘(4) to identify, assess, and respond appro2 priately to dating violence, domestic violence, sexual

3 assault, or stalking against teens and young adults

4 and meet the needs of young victims of violence; and

5 ‘‘(5) to provide appropriate resources in juvenile

6 court matters to respond to dating violence, domestic

7 violence, sexual assault, and stalking and ensure nec8 essary services dealing with the health and mental

9 health of victims are available.

10 ‘‘(d) GRANT APPLICATIONS.—To be eligible for a grant

11 under this section, the entities that are members of the ap12 plicant collaboration described in subsection (b)(3) shall

13 jointly submit an application to the Director at such time,

14 in such manner, and containing such information as the

15 Director may require.

16 ‘‘(e) PRIORITY.—In awarding grants under this sec17 tion, the Director shall give priority to entities that have

18 submitted applications in partnership with community or19 ganizations and service providers that work primarily with

20 youth, especially teens, and who have demonstrated a com21 mitment to coalition building and cooperative problem solv22 ing in dealing with problems of dating violence, domestic

23 violence, sexual assault, and stalking in teen populations.

24 ‘‘(f) DISTRIBUTION.—In awarding grants under this

25 section—
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1 ‘‘(1) not less than 10 percent of funds appro2 priated under this section in any year shall be avail3 able to Indian tribal governments to establish and

4 maintain collaborations involving the appropriate

5 tribal justice and social services departments or do6 mestic violence or sexual assault service providers, the

7 purpose of which is to provide culturally appropriate

8 services to American Indian women or youth;

9 ‘‘(2) the Director shall not use more than 2.5

10 percent of funds appropriated under this section in

11 any year for monitoring and evaluation of grants

12 made available under this section;

13 ‘‘(3) the Attorney General of the United States

14 shall not use more than 2.5 percent of funds appro15 priated under this section in any year for adminis16 tration of grants made available under this section;

17 and

18 ‘‘(4) up to 8 percent of funds appropriated under

19 this section in any year shall be available to provide

20 technical assistance for programs funded under this

21 section.

22 ‘‘(g) DISSEMINATION OF INFORMATION.—Not later

23 than 12 months after the end of the grant period under this

24 section, the Director shall prepare, submit to Congress, and
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1 make widely available, including through electronic means,

2 summaries that contain information on—

3 ‘‘(1) the activities implemented by the recipients

4 of the grants awarded under this section; and

5 ‘‘(2) related initiatives undertaken by the Direc6 tor to promote attention to dating violence, domestic

7 violence, sexual assault, and stalking and their im8 pact on young victims by—

9 ‘‘(A) the staffs of courts;

10 ‘‘(B) domestic violence, dating violence, sex11 ual assault, and stalking victim service pro12 viders; and

13 ‘‘(C) law enforcement agencies and commu14 nity organizations.

15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this section,

17 $5,000,000 in each of fiscal years 2007 through 2011.

18 ‘‘SEC. 41203. 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 sup22 port efforts by child welfare agencies, domestic violence or

23 dating violence victim services providers, courts, law en24 forcement, and other related professionals and community

25 organizations to develop collaborative responses and services
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1 and provide cross-training to enhance community responses

2 to families where there is both child maltreatment and do3 mestic violence.

4 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of the De5 partment of Health and Human Services (in this section

6 referred to as the ‘Secretary’), through the Family and

7 Youth Services Bureau, and in consultation with the Office

8 on Violence Against Women, shall award grants on a com9 petitive basis to eligible entities for the purposes and in the

10 manner described in this section.

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated to carry out this section

13 $5,000,000 for each of fiscal years 2007 through 2011.

14 Funds appropriated under this section shall remain avail15 able until expended. Of the amounts appropriated to carry

16 out this section for each fiscal year, the Secretary shall—

17 ‘‘(1) use not more than 3 percent for evaluation,

18 monitoring, site visits, grantee conferences, and other

19 administrative costs associated with conducting ac20 tivities under this section;

21 ‘‘(2) set aside not more than 7 percent for grants

22 to Indian tribes to develop programs addressing child

23 maltreatment and domestic violence or dating vio24 lence that are operated by, or in partnership with, a

25 tribal organization; and
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1 ‘‘(3) set aside up to 8 percent for technical as2 sistance and training to be provided by organizations

3 having demonstrated expertise in developing collabo4 rative community and system responses to families in

5 which there is both child maltreatment and domestic

6 violence or dating violence, which technical assistance

7 and training may be offered to jurisdictions in the

8 process of developing community responses to families

9 in which children are exposed to child maltreatment

10 and domestic violence or dating violence, whether or

11 not they are receiving funds under this section.

12 ‘‘(d) UNDERSERVED POPULATIONS.—In awarding

13 grants under this section, the Secretary shall consider the

14 needs of underserved populations.

15 ‘‘(e) GRANT AWARDS.—The Secretary shall award

16 grants under this section for periods of not more than 2

17 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 cross-train21 ing to enhance community responses to families where there

22 is both child maltreatment and domestic violence or dating

23 violence. Amounts distributed under this section may only

24 be used for programs and activities described in subsection

25 (g).
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1 ‘‘(g) PROGRAMS AND ACTIVITIES.—The programs and

2 activities developed under this section shall—

3 ‘‘(1) encourage cross training, education, service

4 development, and collaboration among child welfare

5 agencies, domestic violence victim service providers,

6 and courts, law enforcement agencies, community7 based programs, and other entities, in order to ensure

8 that such entities have the capacity to and will iden9 tify, assess, and respond appropriately to—

10 ‘‘(A) domestic violence or dating violence in

11 homes where children are present and may be ex12 posed to the violence;

13 ‘‘(B) domestic violence or dating violence in

14 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 agen19 cies, domestic violence victim service providers, courts,

20 law enforcement agencies, and other entities, that are

21 consistent with the principles of protecting and in22 creasing the immediate and long-term safety and well

23 being of children and non-abusing parents and care24 takers;
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1 ‘‘(3) increase cooperation and enhance linkages

2 between child welfare agencies, domestic violence vic3 tim service providers, courts, law enforcement agen4 cies, and other entities to provide more comprehensive

5 community-based services (including health, mental

6 health, social service, housing, and neighborhood re7 sources) to protect and to serve both child and adult

8 victims;

9 ‘‘(4) identify, assess, and respond appropriately

10 to domestic violence or dating violence in child pro11 tection cases and to child maltreatment when it co12 occurs with domestic violence or dating violence;

13 ‘‘(5) analyze and change policies, procedures,

14 and protocols that contribute to overrepresentation of

15 certain populations in the court and child welfare

16 system; and

17 ‘‘(6) provide appropriate referrals to community18 based programs and resources, such as health and

19 mental health services, shelter and housing assistance

20 for adult and youth victims and their children, legal

21 assistance and advocacy for adult and youth victims,

22 assistance for parents to help their children cope with

23 the impact of exposure to domestic violence or dating

24 violence and child maltreatment, appropriate inter25 vention and treatment for adult perpetrators of do-
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1 mestic violence or dating violence whose children are

2 the subjects of child protection cases, programs pro3 viding support and assistance to underserved popu4 lations, and other necessary supportive services.

5 ‘‘(h) GRANTEE REQUIREMENTS.—

6 ‘‘(1) APPLICATIONS.—Under this section, an en7 tity shall prepare and submit to the Secretary an ap8 plication at such time, in such manner, and con9 taining such information as the Secretary may re10 quire, consistent with the requirements described here11 in. The application shall—

12 ‘‘(A) ensure that communities impacted by

13 these systems or organizations are adequately

14 represented in the development of the applica15 tion, the programs and activities to be under16 taken, and that they have a significant role in

17 evaluating the success of the project;

18 ‘‘(B) describe how the training and collabo19 ration activities will enhance or ensure the safety

20 and economic security of families where both

21 child maltreatment and domestic violence or dat22 ing violence occurs by providing appropriate re23 sources, protection, and support to the victimized

24 parents of such children and to the children

25 themselves; and
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1 ‘‘(C) outline methods and means partici2 pating entities will use to ensure that all services

3 are provided in a developmentally, linguistically

4 and culturally competent manner and will uti5 lize community-based supports and resources.

6 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a

7 grant under this section, an entity shall be a collabo8 ration that—

9 ‘‘(A) shall include a State or local child

10 welfare agency or Indian Tribe;

11 ‘‘(B) shall include a domestic violence or

12 dating violence victim service provider;

13 ‘‘(C) shall include a law enforcement agency

14 or Bureau of Indian Affairs providing tribal law

15 enforcement;

16 ‘‘(D) may include a court; and

17 ‘‘(E) may include any other such agencies

18 or private nonprofit organizations and faith19 based organizations, including community-based

20 organizations, with the capacity to provide effec21 tive help to the child and adult victims served by

22 the collaboration.
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1 ‘‘SEC. 41204. GRANTS TO COMBAT DOMESTIC VIOLENCE,

2 DATING VIOLENCE, SEXUAL ASSAULT, AND

3 STALKING IN MIDDLE AND HIGH SCHOOLS.

4 ‘‘(a) SHORT TITLE.—This section may be cited as the

5 ‘Supporting Teens through Education and Protection Act

6 of 2005’ or the ‘STEP Act’.

7 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General,

8 through the Director of the Office on Violence Against

9 Women, is authorized to award grants to middle schools

10 and high schools that work with domestic violence and sex11 ual assault experts to enable the schools—

12 ‘‘(1) to provide training to school administra13 tors, faculty, counselors, coaches, healthcare providers,

14 security personnel, and other staff on the needs and

15 concerns of students who experience domestic violence,

16 dating violence, sexual assault, or stalking, and the

17 impact of such violence on students;

18 ‘‘(2) to develop and implement policies in middle

19 and high schools regarding appropriate, safe responses

20 to, and identification and referral procedures for, stu21 dents who are experiencing or perpetrating domestic

22 violence, dating violence, sexual assault, or stalking,

23 including procedures for handling the requirements of

24 court protective orders issued to or against students

25 or school personnel, in a manner that ensures the
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1 safety of the victim and holds the perpetrator account2 able;

3 ‘‘(3) to provide support services for students and

4 school personnel, such as a resource person who is ei5 ther on-site or on-call, and who is an expert described

6 in subsections (i)(2) and (i)(3), for the purpose of de7 veloping and strengthening effective prevention and

8 intervention strategies for students and school per9 sonnel experiencing domestic violence, dating violence,

10 sexual assault or stalking;

11 ‘‘(4) to provide developmentally appropriate edu12 cational programming to students regarding domestic

13 violence, dating violence, sexual assault, and stalking,

14 and the impact of experiencing domestic violence, dat15 ing violence, sexual assault, and stalking on children

16 and youth by adapting existing curricula activities to

17 the relevant student population;

18 ‘‘(5) to work with existing mentoring programs

19 and develop strong mentoring programs for students,

20 including student athletes, to help them understand

21 and recognize violence and violent behavior, how to

22 prevent it and how to appropriately address their

23 feelings; and
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1 ‘‘(6) to conduct evaluations to assess the impact

2 of programs and policies assisted under this section

3 in order to enhance the development of the programs.

4 ‘‘(c) AWARD BASIS.—The Director shall award grants

5 and contracts under this section on a competitive basis.

6 ‘‘(d) POLICY DISSEMINATION.—The Director shall dis7 seminate to middle and high schools any existing Depart8 ment of Justice, Department of Health and Human Serv9 ices, and Department of Education policy guidance and

10 curricula regarding the prevention of domestic violence,

11 dating violence, sexual assault, and stalking, and the im12 pact of the violence on children and youth.

13 ‘‘(e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

14 INFORMATION.—In order to ensure the safety of adult,

15 youth, and minor victims of domestic violence, dating vio16 lence, sexual assault, or stalking and their families, grantees

17 and subgrantees shall protect the confidentiality and pri18 vacy of persons receiving services. Grantees and subgrantees

19 pursuant to this section shall not disclose any personally

20 identifying information or individual information collected

21 in connection with services requested, utilized, or denied

22 through grantees’ and subgrantees’ programs. Grantees and

23 subgrantees shall not reveal individual client information

24 without the informed, written, reasonably time-limited con25 sent of the person (or in the case of unemancipated minor,
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1 the minor and the parent or guardian, except that consent

2 for release may not be given by the abuser of the minor

3 or of the other parent of the minor) about whom informa4 tion is sought, whether for this program or any other Trib5 al, Federal, State or Territorial grant program. If release

6 of such information is compelled by statutory or court man7 date, grantees and subgrantees shall make reasonable at8 tempts to provide notice to victims affected by the disclosure

9 of information. If such personally identifying information

10 is or will be revealed, grantees and subgrantees shall take

11 steps necessary to protect the privacy and safety of the per12 sons affected by the release of the information. Grantees

13 may share non-personally identifying data in the aggregate

14 regarding services to their clients and non-personally iden15 tifying demographic information in order to comply with

16 Tribal, Federal, State or Territorial reporting, evaluation,

17 or data collection requirements. Grantees and subgrantees

18 may share court-generated information contained in secure,

19 governmental registries for protection order enforcement

20 purposes.

21 ‘‘(f) GRANT TERM AND ALLOCATION.—

22 ‘‘(1) TERM.—The Director shall make the grants

23 under this section for a period of 3 fiscal years.

24 ‘‘(2) ALLOCATION.—Not more than 15 percent of

25 the funds available to a grantee in a given year shall
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1 be used for the purposes described in subsection

2 (b)(4)(D), (b),(5), and (b)(6).

3 ‘‘(g) DISTRIBUTION.—

4 ‘‘(1) IN GENERAL.—Not less than 5 percent of

5 funds appropriated under subsection (l) in any year

6 shall be available for grants to tribal schools, schools

7 on tribal lands or schools whose student population is

8 more than 25 percent Native American.

9 ‘‘(2) ADMINISTRATION.—The Director shall not

10 use more than 5 percent of funds appropriated under

11 subsection (l) in any year for administration, moni12 toring and evaluation of grants made available under

13 this section.

14 ‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND

15 DATA COLLECTION.—Not less than 5 percent of funds

16 appropriated under subsection (l) in any year shall

17 be available to provide training, technical assistance,

18 and data collection for programs funded under this

19 section.

20 ‘‘(h) APPLICATION.—To be eligible to be awarded a

21 grant or contract under this section for any fiscal year, a

22 middle or secondary school, in consultation with an expert

23 as described in subsections (i)(2) and (i)(3), shall submit

24 an application to the Director at such time and in such

25 manner as the Director shall prescribe.
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1 ‘‘(i) ELIGIBLE ENTITIES.—To be eligible to receive a

2 grant under this section, an entity shall be a partnership

3 that—

4 ‘‘(1) shall include a public, charter, tribal, or na5 tionally accredited private middle or high school, a

6 school administered by the Department of Defense

7 under 10 U.S.C. 2164 or 20 U.S.C. 921, a group of

8 schools, or a school district;

9 ‘‘(2) shall include a domestic violence victim

10 service provider that has a history of working on do11 mestic violence and the impact that domestic violence

12 and dating violence have on children and youth;

13 ‘‘(3) shall include a sexual assault victim service

14 provider, such as a rape crisis center, program serv15 ing tribal victims of sexual assault, or coalition or

16 other nonprofit nongovernmental organization car17 rying out a community-based sexual assault program,

18 that has a history of effective work concerning sexual

19 assault and the impact that sexual assault has on

20 children and youth; and

21 ‘‘(4) may include a law enforcement agency, the

22 State, Tribal, Territorial or local court, nonprofit

23 nongovernmental organizations and service providers

24 addressing sexual harassment, bullying or gang-re25 lated violence in schools, and any other such agencies
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1 or nonprofit nongovernmental organizations with the

2 capacity to provide effective assistance to the adult,

3 youth, and minor victims served by the partnership.

4 ‘‘(j) PRIORITY.—In awarding grants under this sec5 tion, the Director shall give priority to entities that have

6 submitted applications in partnership with relevant courts

7 or law enforcement agencies.

8 ‘‘(k) REPORTING AND DISSEMINATION OF INFORMA9 TION.—

10 ‘‘(1) REPORTING.—Each of the entities that are

11 members of the applicant partnership described in

12 subsection (i), that receive a grant under this section

13 shall jointly prepare and submit to the Director every

14 18 months a report detailing the activities that the

15 entities have undertaken under the grant and such

16 additional information as the Director shall require.

17 ‘‘(2) DISSEMINATION OF INFORMATION.—Within

18 9 months of the completion of the first full grant

19 cycle, the Director shall publicly disseminate, includ20 ing through electronic means, model policies and pro21 cedures developed and implemented in middle and

22 high schools by the grantees, including information on

23 the impact the policies have had on their respective

24 schools and communities.

25 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—
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1 ‘‘(1) IN GENERAL.—There is authorized to be ap2 propriated to carry out this section, $5,000,000 for

3 each of fiscal years 2007 through 2011.

4 ‘‘(2) AVAILABILITY.—Funds appropriated under

5 paragraph (1) shall remain available until ex6 pended.’’.

7 SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES ON CAM8 PUSES.

9 (a) GRANTS AUTHORIZED.—

10 (1) IN GENERAL.—The Attorney General is au11 thorized to make grants to institutions of higher edu12 cation, for use by such institutions or consortia con13 sisting of campus personnel, student organizations,

14 campus administrators, security personnel, and re15 gional crisis centers affiliated with the institution, to

16 develop and strengthen effective security and inves17 tigation strategies to combat domestic violence, dating

18 violence, sexual assault, and stalking on campuses,

19 and to develop and strengthen victim services in cases

20 involving such crimes against women on campuses,

21 which may include partnerships with local criminal

22 justice authorities and community-based victim serv23 ices agencies.

24 (2) AWARD BASIS.—The Attorney General shall

25 award grants and contracts under this section on a
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1 competitive basis for a period of 3 years. The Attor2 ney General, through the Director of the Office on Vi3 olence Against Women, shall award the grants in

4 amounts of not more than $500,000 for individual in5 stitutions of higher education and not more than

6 $1,000,000 for consortia of such institutions.

7 (3) EQUITABLE PARTICIPATION.—The Attorney

8 General shall make every effort to ensure—

9 (A) the equitable participation of private

10 and public institutions of higher education in

11 the activities assisted under this section;

12 (B) the equitable geographic distribution of

13 grants under this section among the various re14 gions of the United States; and

15 (C) the equitable distribution of grants

16 under this section to tribal colleges and univer17 sities and traditionally black colleges and uni18 versities.

19 (b) USE OF GRANT FUNDS.—Grant funds awarded

20 under this section may be used for the following purposes:

21 (1) To provide personnel, training, technical as22 sistance, data collection, and other equipment with re23 spect to the increased apprehension, investigation,

24 and adjudication of persons committing domestic vio-
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1 lence, dating violence, sexual assault, and stalking on

2 campus.

3 (2) To train campus administrators, campus se4 curity personnel, and personnel serving on campus

5 disciplinary or judicial boards to develop and imple6 ment campus policies, protocols, and services that

7 more effectively identify and respond to the crimes of

8 domestic violence, dating violence, sexual assault, and

9 stalking. Within 90 days after the date of enactment

10 of this Act, the Attorney General shall issue and make

11 available minimum standards of training relating to

12 domestic violence, dating violence, sexual assault, and

13 stalking on campus, for all campus security personnel

14 and personnel serving on campus disciplinary or ju15 dicial boards.

16 (3) To implement and operate education pro17 grams for the prevention of domestic violence, dating

18 violence, sexual assault, and stalking.

19 (4) To develop, enlarge, or strengthen victim

20 services programs on the campuses of the institutions

21 involved, including programs providing legal, med22 ical, or psychological counseling, for victims of domes23 tic violence, dating violence, sexual assault, and stalk24 ing, and to improve delivery of victim assistance on

25 campus. To the extent practicable, such an institution
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1 shall collaborate with any entities carrying out non2 profit and other victim services programs, including

3 domestic violence, dating violence, sexual assault, and

4 stalking victim services programs in the community

5 in which the institution is located. If appropriate vic6 tim services programs are not available in the com7 munity or are not accessible to students, the institu8 tion shall, to the extent practicable, provide a victim

9 services program on campus or create a victim serv10 ices program in collaboration with a community11 based organization. The institution shall use not less

12 than 20 percent of the funds made available through

13 the grant for a victim services program provided in

14 accordance with this paragraph.

15 (5) To create, disseminate, or otherwise provide

16 assistance and information about victims’ options on

17 and off campus to bring disciplinary or other legal

18 action, including assistance to victims in immigra19 tion matters.

20 (6) To develop, install, or expand data collection

21 and communication systems, including computerized

22 systems, linking campus security to the local law en23 forcement for the purpose of identifying and tracking

24 arrests, protection orders, violations of protection or25 ders, prosecutions, and convictions with respect to the
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1 crimes of domestic violence, dating violence, sexual as2 sault, and stalking on campus.

3 (7) To provide capital improvements (including

4 improved lighting and communications facilities but

5 not including the construction of buildings) on cam6 puses to address the crimes of domestic violence, dat7 ing violence, sexual assault, and stalking.

8 (8) To support improved coordination among

9 campus administrators, campus security personnel,

10 and local law enforcement to reduce domestic violence,

11 dating violence, sexual assault, and stalking on cam12 pus.

13 (c) APPLICATIONS.—

14 (1) IN GENERAL.—In order to be eligible to be

15 awarded a grant under this section for any fiscal

16 year, an institution of higher education shall submit

17 an application to the Attorney General at such time

18 and in such manner as the Attorney General shall

19 prescribe.

20 (2) CONTENTS.—Each application submitted

21 under paragraph (1) shall—

22 (A) describe the need for grant funds and

23 the plan for implementation for any of the pur24 poses described in subsection (b);
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1 (B) include proof that the institution of

2 higher education collaborated with any non-prof3 it, nongovernmental entities carrying out other

4 victim services programs, including domestic vio5 lence, dating violence, sexual assault, and stalk6 ing victim services programs in the community

7 in which the institution is located;

8 (C) describe the characteristics of the popu9 lation being served, including type of campus,

10 demographics of the population, and number of

11 students;

12 (D) provide measurable goals and expected

13 results from the use of the grant funds;

14 (E) provide assurances that the Federal

15 funds made available under this section shall be

16 used to supplement and, to the extent practical,

17 increase the level of funds that would, in the ab18 sence of Federal funds, be made available by the

19 institution for the purposes described in sub20 section (b); and

21 (F) include such other information and as22 surances as the Attorney General reasonably de23 termines to be necessary.

24 (3) COMPLIANCE WITH CAMPUS CRIME REPORT25 ING REQUIRED.—No institution of higher education
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1 shall be eligible for a grant under this section unless

2 such institution is in compliance with the require3 ments of section 485(f) of the Higher Education Act

4 of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of the

5 total amount of grant funds appropriated under this

6 section for fiscal years 2007 through 2011 may be

7 used to provide technical assistance in complying

8 with the mandatory reporting requirements of section

9 485(f) of such Act.

10 (d) GENERAL TERMS AND CONDITIONS.—

11 (1) NONMONETARY ASSISTANCE.—In addition to

12 the assistance provided under this section, the Attor13 ney General may request any Federal agency to use

14 the agency’s authorities and the resources granted to

15 the agency under Federal law (including personnel,

16 equipment, supplies, facilities, and managerial, tech17 nical, and advisory services) in support of campus se18 curity, and investigation and victim service efforts.

19 (2) GRANTEE REPORTING.—

20 (A) ANNUAL REPORT.—Each institution of

21 higher education receiving a grant under this

22 section shall submit a biennial performance re23 port to the Attorney General. The Attorney Gen24 eral shall suspend funding under this section for
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1 an institution of higher education if the institu2 tion fails to submit such a report.

3 (B) FINAL REPORT.—Upon completion of

4 the grant period under this section, the institu5 tion shall file a performance report with the At6 torney General and the Secretary of Education

7 explaining the activities carried out under this

8 section together with an assessment of the effec9 tiveness of those activities in achieving the pur10 poses described in subsection (b).

11 (3) REPORT TO CONGRESS.—Not later than 180

12 days after the end of the fiscal year for which grants

13 are awarded under this section, the Attorney General

14 shall submit to Congress a report that includes—

15 (A) the number of grants, and the amount

16 of funds, distributed under this section;

17 (B) a summary of the purposes for which

18 the grants were provided and an evaluation of

19 the progress made under the grant;

20 (C) a statistical summary of the persons

21 served, detailing the nature of victimization, and

22 providing data on age, sex, race, ethnicity, lan23 guage, disability, relationship to offender, geo24 graphic distribution, and type of campus; and
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1 (D) an evaluation of the effectiveness of pro2 grams funded under this part.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this section, there are authorized

5 to be appropriated $12,000,000 for fiscal year 2007 and

6 $15,000,000 for each of fiscal years 2008 through 2011.

7 (f) REPEAL.—Section 826 of the Higher Education

8 Amendments of 1998 (20 U.S.C. 1152) is repealed.

9 SEC. 305. JUVENILE JUSTICE.

10 Section 223(a) of the Juvenile Justice and Delin11 quency Prevention Act of 1974 (42 U.S.C. 5633(a)) is

12 amended—

13 (1) in paragraph (7)(B)—

14 (A) by redesignating clauses (i), (ii) and

15 (iii), as clauses (ii), (iii), and (iv), respectively;

16 and

17 (B) by inserting before clause (ii) the fol18 lowing:

19 ‘‘(i) an analysis of gender-specific services

20 for the prevention and treatment of juvenile de21 linquency, including the types of such services

22 available and the need for such services;’’.

23 SEC. 306. SAFE HAVENS.

24 Section 1301 of the Victims of Trafficking and Violence

25 Protection Act of 2000 (42 U.S.C. 10420) is amended—
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1 (1) by striking the section heading and inserting

2 the following:

3 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’;

4 (2) in subsection (a)—

5 (A) by inserting ‘‘, through the Director of

6 the Office on Violence Against Women,’’ after

7 ‘‘Attorney General’’;

8 (B) by inserting ‘‘dating violence,’’ after

9 ‘‘domestic violence,’’;

10 (C) by striking ‘‘to provide’’ and inserting

11 the following:

12 ‘‘(1) to provide’’;

13 (D) by striking the period at the end and

14 inserting a semicolon; and

15 (E) by adding at the end the following:

16 ‘‘(2) to protect children from the trauma of wit17 nessing domestic or dating violence or experiencing

18 abduction, injury, or death during parent and child

19 visitation exchanges;

20 ‘‘(3) to protect parents or caretakers who are vic21 tims of domestic and dating violence from experi22 encing further violence, abuse, and threats during

23 child visitation exchanges; and

24 ‘‘(4) to protect children from the trauma of expe25 riencing sexual assault or other forms of physical as-
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1 sault or abuse during parent and child visitation and

2 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 ap7 propriated to carry out this section, $20,000,000 for

8 each of fiscal years 2007 through 2011. Funds appro9 priated under this section shall remain available

10 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 7 percent for

15 grants to Indian tribal governments or tribal or16 ganizations;

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 technical assistance and training to be provided

24 by organizations having nationally recognized

25 expertise in the design of safe and secure super-
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1 vised visitation programs and visitation ex2 change of children in situations involving domes3 tic violence, dating violence, sexual assault, or

4 stalking.’’.

5 TITLE IV—STRENGTHENING

6 AMERICA’S FAMILIES BY PRE7 VENTING VIOLENCE

8 SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND

9 CHILDREN.

10 The Violence Against Women Act of 1994 (108 Stat.

11 1902 et seq.) is amended by adding at the end the following:

12 ‘‘Subtitle M—Strengthening Amer13 ica’s Families by Preventing Vio14 lence Against Women and Chil15 dren

16 ‘‘SEC. 41301. FINDINGS.

17 ‘‘Congress finds that—

18 ‘‘(1) the former United States Advisory Board on

19 Child Abuse suggests that domestic violence may be

20 the single major precursor to child abuse and neglect

21 fatalities in this country;

22 ‘‘(2) studies suggest that as many as 10,000,000

23 children witness domestic violence every year;

24 ‘‘(3) studies suggest that among children and

25 teenagers, recent exposure to violence in the home was
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1 a significant factor in predicting a child’s violent be2 havior;

3 ‘‘(4) a study by the Nurse-Family Partnership

4 found that children whose parents did not participate

5 in home visitation programs that provided coaching

6 in parenting skills, advice and support, were almost

7 5 times more likely to be abused in their first 2 years

8 of life;

9 ‘‘(5) a child’s exposure to domestic violence seems

10 to pose the greatest independent risk for being the vic11 tim of any act of partner violence as an adult;

12 ‘‘(6) children exposed to domestic violence are

13 more likely to believe that using violence is an effec14 tive means of getting one’s needs met and managing

15 conflict in close relationships;

16 ‘‘(7) children exposed to abusive parenting, harsh

17 or erratic discipline, or domestic violence are at in18 creased risk for juvenile crime; and

19 ‘‘(8) in a national survey of more than 6,000

20 American families, 50 percent of men who frequently

21 assaulted their wives also frequently abused their chil22 dren.

23 ‘‘SEC. 41302. PURPOSE.

24 ‘‘The purpose of this subtitle is to—
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1 ‘‘(1) prevent crimes involving violence against

2 women, children, and youth;

3 ‘‘(2) increase the resources and services available

4 to prevent violence against women, children, and

5 youth;

6 ‘‘(3) reduce the impact of exposure to violence in

7 the lives of children and youth so that the

8 intergenerational cycle of violence is interrupted;

9 ‘‘(4) develop and implement education and serv10 ices programs to prevent children in vulnerable fami11 lies from becoming victims or perpetrators of domestic

12 violence, dating violence, sexual assault, or stalking;

13 ‘‘(5) promote programs to ensure that children

14 and youth receive the assistance they need to end the

15 cycle of violence and develop mutually respectful, non16 violent relationships; and

17 ‘‘(6) encourage collaboration among community18 based organizations and governmental agencies serv19 ing children and youth, providers of health and men20 tal health services and providers of domestic violence,

21 dating violence, sexual assault, and stalking victim

22 services to prevent violence against women and chil23 dren.
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1 ‘‘SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EX2 POSED TO VIOLENCE.

3 ‘‘(a) GRANTS AUTHORIZED.—

4 ‘‘(1) IN GENERAL.—The Attorney General, acting

5 through the Director of the Office on Violence Against

6 Women, and in collaboration with the Department of

7 Health and Human Services, is authorized to award

8 grants on a competitive basis to eligible entities for

9 the purpose of mitigating the effects of domestic vio10 lence, dating violence, sexual assault, and stalking on

11 children exposed to such violence, and reducing the

12 risk of future victimization or perpetration of domes13 tic violence, dating violence, sexual assault, and stalk14 ing.

15 ‘‘(2) TERM.—The Director shall make grants

16 under this section for a period of 2 fiscal years.

17 ‘‘(3) AWARD BASIS.—The Director shall award

18 grants—

19 ‘‘(A) considering the needs of underserved

20 populations;

21 ‘‘(B) awarding not less than 10 percent of

22 such amounts to Indian tribes for the funding of

23 tribal projects from the amounts made available

24 under this section for a fiscal year;

25 ‘‘(C) awarding up to 8 percent for the fund26 ing of technical assistance programs from the
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1 amounts made available under this section for a

2 fiscal year; and

3 ‘‘(D) awarding not less than 66 percent to

4 programs described in subsection (c)(1) from the

5 amounts made available under this section for a

6 fiscal year.

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $20,000,000 for each of fiscal years 2007 through 2011.

10 ‘‘(c) USE OF FUNDS.—The funds appropriated under

11 this section shall be used for—

12 ‘‘(1) programs that provide services for children

13 exposed to domestic violence, dating violence, sexual

14 assault, or stalking, which may include direct coun15 seling, advocacy, or mentoring, and must include sup16 port for the nonabusing parent or the child’s care17 taker; or

18 ‘‘(2) training, coordination, and advocacy for

19 programs that serve children and youth (such as

20 Head Start, child care, and after-school programs) on

21 how to safely and confidentially identify children and

22 families experiencing domestic violence and properly

23 refer them to programs that can provide direct serv24 ices to the family and children, and coordination

25 with other domestic violence or other programs serv-
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1 ing children exposed to domestic violence, dating vio2 lence, sexual assault, or stalking that can provide the

3 training and direct services referenced in this sub4 section.

5 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive a

6 grant under this section, an entity shall be a—

7 ‘‘(1) a victim service provider, tribal nonprofit

8 organization or community-based organization that

9 has a documented history of effective work concerning

10 children or youth exposed to domestic violence, dating

11 violence, sexual assault, or stalking, including pro12 grams that provide culturally specific services, Head

13 Start, childcare, faith-based organizations, after

14 school programs, and health and mental health pro15 viders; or

16 ‘‘(2) a State, territorial, or tribal, or local unit

17 of government agency that is partnered with an orga18 nization described in paragraph (1).

19 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section,

20 an entity shall—

21 ‘‘(1) prepare and submit to the Director an ap22 plication at such time, in such manner, and con23 taining such information as the Director may re24 quire; and
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1 ‘‘(2) at a minimum, describe in the application

2 the policies and procedures that the entity has or will

3 adopt to—

4 ‘‘(A) enhance or ensure the safety and secu5 rity of children who have been or are being ex6 posed to violence and their nonabusing parent,

7 enhance or ensure the safety and security of chil8 dren and their nonabusing parent in homes al9 ready experiencing domestic violence, dating vio10 lence, sexual assault, or stalking; and

11 ‘‘(B) ensure linguistically, culturally, and

12 community relevant services for underserved

13 communities.

14 ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT

15 PROGRAMS FOR HOME VISITATION

16 PROJECTS.

17 ‘‘(a) GRANTS AUTHORIZED.—

18 ‘‘(1) IN GENERAL.—The Attorney General, acting

19 through the Director of the Office on Violence Against

20 Women, and in collaboration with the Department of

21 Health and Human Services, shall award grants on

22 a competitive basis to home visitation programs, in

23 collaboration with victim service providers, for the

24 purposes of developing and implementing model poli25 cies and procedures to train home visitation service
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1 providers on addressing domestic violence, dating vio2 lence, sexual assault, and stalking in families experi3 encing violence, or at risk of violence, to reduce the

4 impact of that violence on children, maintain safety,

5 improve parenting skills, and break intergenerational

6 cycles of violence.

7 ‘‘(2) TERM.—The Director shall make the grants

8 under this section for a period of 2 fiscal years.

9 ‘‘(3) AWARD BASIS.—The Director shall—

10 ‘‘(A) consider the needs of underserved pop11 ulations;

12 ‘‘(B) award not less than 7 percent of such

13 amounts for the funding of tribal projects from

14 the amounts made available under this section

15 for a fiscal year; and

16 ‘‘(C) award up to 8 percent for the funding

17 of technical assistance programs from the

18 amounts made available under this section for a

19 fiscal year.

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to carry out this section

22 $7,000,000 for each of fiscal years 2007 through 2011.

23 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a

24 grant under this section, an entity shall be a national, Fed25 eral, State, local, territorial, or tribal—
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1 ‘‘(1) home visitation program that provides serv2 ices to pregnant women and to young children and

3 their parent or primary caregiver that are provided

4 in the permanent or temporary residence or in other

5 familiar surroundings of the individual or family re6 ceiving such services; or

7 ‘‘(2) victim services organization or agency in

8 collaboration with an organization or organizations

9 listed in paragraph (1).

10 ‘‘(d) GRANTEE REQUIREMENTS.—Under this section,

11 an entity shall—

12 ‘‘(1) prepare and submit to the Director an ap13 plication at such time, in such manner, and con14 taining such information as the Director may re15 quire; and

16 ‘‘(2) describe in the application the policies and

17 procedures that the entity has or will adopt to—

18 ‘‘(A) enhance or ensure the safety and secu19 rity of children and their nonabusing parent in

20 homes already experiencing domestic violence,

21 dating violence, sexual assault, or stalking;

22 ‘‘(B) ensure linguistically, culturally, and

23 community relevant services for underserved

24 communities;
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1 ‘‘(C) ensure the adequate training by do2 mestic violence, dating violence, sexual assault or

3 stalking victim service providers of home visita4 tion grantee program staff to—

5 ‘‘(i) safely screen for and/or recognize

6 domestic violence, dating violence, sexual

7 assault, and stalking;

8 ‘‘(ii) understand the impact of domes9 tic violence or sexual assault on children

10 and protective actions taken by a non11 abusing parent or caretaker in response to

12 violence against anyone in the household;

13 and

14 ‘‘(iii) link new parents with existing

15 community resources in communities where

16 resources exist; and

17 ‘‘(D) ensure that relevant State and local

18 domestic violence, dating violence, sexual assault,

19 and stalking victim service providers and coali20 tions are aware of the efforts of organizations re21 ceiving grants under this section, and are in22 cluded as training partners, where possible.
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1 ‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING

2 DOMESTIC VIOLENCE, DATING VIOLENCE,

3 SEXUAL ASSAULT, AND STALKING.

4 ‘‘(a) GRANTS AUTHORIZED.—

5 ‘‘(1) IN GENERAL—The Attorney General, acting

6 through the Director of the Office on Violence Against

7 Women, and in collaboration with the Department of

8 Health and Human Services, shall award grants on

9 a competitive basis to eligible entities for the purpose

10 of developing or enhancing programs related to engag11 ing men and youth in preventing domestic violence,

12 dating violence, sexual assault, and stalking by help13 ing them to develop mutually respectful, nonviolent

14 relationships.

15 ‘‘(2) TERM.—The Director shall make grants

16 under this section for a period of 2 fiscal years.

17 ‘‘(3) AWARD BASIS.—The Director shall award

18 grants—

19 ‘‘(A) considering the needs of underserved

20 populations;

21 ‘‘(B) awarding not less than 10 percent of

22 such amounts for the funding of Indian tribes

23 from the amounts made available under this sec24 tion for a fiscal year; and

25 ‘‘(C) awarding up to 8 percent for the fund26 ing of technical assistance for grantees and non-
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1 grantees working in this area from the amounts

2 made available under this section for a fiscal

3 year.

4 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $10,000,000 for each of fiscal years 2007 through 2011.

7 ‘‘(c) USE OF FUNDS.—

8 ‘‘(1) PROGRAMS.—The funds appropriated under

9 this section shall be used by eligible entities—

10 ‘‘(A) to develop or enhance community11 based programs, including gender-specific pro12 grams in accordance with applicable laws that—

13 ‘‘(i) encourage children and youth to

14 pursue nonviolent relationships and reduce

15 their risk of becoming victims or perpetra16 tors of domestic violence, dating violence,

17 sexual assault, or stalking; and

18 ‘‘(ii) that include at a minimum—

19 ‘‘(I) information on domestic vio20 lence, dating violence, sexual assault,

21 stalking, or child sexual abuse and how

22 they affect children and youth; and

23 ‘‘(II) strategies to help partici24 pants be as safe as possible; or
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1 ‘‘(B) to create public education campaigns

2 and community organizing to encourage men

3 and boys to work as allies with women and girls

4 to prevent violence against women and girls con5 ducted by entities that have experience in con6 ducting public education campaigns that address

7 domestic violence, dating violence, sexual assault,

8 or stalking.

9 ‘‘(2) MEDIA LIMITS.—No more than 40 percent

10 of funds received by a grantee under this section may

11 be used to create and distribute media materials.

12 ‘‘(d) ELIGIBLE ENTITIES.—

13 ‘‘(1) RELATIONSHIPS.—Eligible entities under

14 subsection (c)(1)(A) are—

15 ‘‘(A) nonprofit, nongovernmental domestic

16 violence, dating violence, sexual assault, or stalk17 ing victim service providers or coalitions;

18 ‘‘(B) community-based child or youth serv19 ices organizations with demonstrated experience

20 and expertise in addressing the needs and con21 cerns of young people;

22 ‘‘(C) a State, territorial, tribal, or unit of

23 local governmental entity that is partnered with

24 an organization described in subparagraph (A)

25 or (B); or
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1 ‘‘(D) a program that provides culturally

2 specific services.

3 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities

4 under subsection (c)(1)(B) are—

5 ‘‘(A) nonprofit, nongovernmental organiza6 tions or coalitions that have a documented his7 tory of creating and administering effective pub8 lic education campaigns addressing the preven9 tion of domestic violence, dating violence, sexual

10 assault or stalking; or

11 ‘‘(B) a State, territorial, tribal, or unit of

12 local governmental entity that is partnered with

13 an organization described in subparagraph (A).

14 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section,

15 an entity shall—

16 ‘‘(1) prepare and submit to the Director an ap17 plication at such time, in such manner, and con18 taining such information as the Director may re19 quire; and

20 ‘‘(2) eligible entities pursuant to subsection

21 (c)(1)(A) shall describe in the application the policies

22 and procedures that the entity has or will adopt to—

23 ‘‘(A) enhance or ensure the safety and secu24 rity of children and youth already experiencing
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1 domestic violence, dating violence, sexual assault,

2 or stalking in their lives;

3 ‘‘(B) ensure linguistically, culturally, and

4 community relevant services for underserved

5 communities;

6 ‘‘(C) inform participants about laws, serv7 ices, and resources in the community, and make

8 referrals as appropriate; and

9 ‘‘(D) ensure that State and local domestic

10 violence, dating violence, sexual assault, and

11 stalking victim service providers and coalitions

12 are aware of the efforts of organizations receiving

13 grants under this section.’’.

14 SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DIS15 EASE CONTROL AND PREVENTION.

16 (a) PURPOSES.—The Secretary of Health and Human

17 Services acting through the National Center for Injury Pre18 vention and Control at the Centers for Disease Control Pre19 vention shall make grants to entities, including domestic

20 and sexual assault coalitions and programs, research orga21 nizations, tribal organizations, and academic institutions

22 to support research to examine prevention and intervention

23 programs to further the understanding of sexual and domes24 tic violence by and against adults, youth, and children.
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1 (b) USE OF FUNDS.—The research conducted under

2 this section shall include evaluation and study of best prac3 tices for reducing and preventing violence against women

4 and children addressed by the strategies included in De5 partment of Health and Human Services-related provisions

6 this title, including strategies addressing underserved com7 munities.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There

9 shall be authorized to be appropriated to carry out this title

10 $2,000,000 for each of the fiscal years 2007 through 2011.

11 SEC. 403. PUBLIC AWARENESS CAMPAIGN.

12 (a) IN GENERAL.—The Attorney General, acting

13 through the Office on Violence Against Women], shall make

14 grants to States for carrying out a campaign to increase

15 public awareness of issues regarding domestic violence

16 against pregnant women.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—For the

18 purpose of carrying out this section, there are authorized

19 to be appropriated such sums as may be necessary for each

20 of the fiscal years 2006 through 2010.
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1 TITLE V—STRENGTHENING THE

2 HEALTHCARE SYSTEM’S RE3 SPONSE TO DOMESTIC VIO4 LENCE, DATING VIOLENCE,

5 SEXUAL ASSAULT, AND

6 STALKING

7 SEC. 501. FINDINGS.

8 Congress makes the following findings:

9 (1) The health-related costs of intimate partner

10 violence in the United States exceed $5,800,000,000

11 annually.

12 (2) Thirty-seven percent of all women who

13 sought care in hospital emergency rooms for violence14 related injuries were injured by a current or former

15 spouse, boyfriend, or girlfriend.

16 (3) In addition to injuries sustained during vio17 lent episodes, physical and psychological abuse is

18 linked to a number of adverse physical and mental

19 health effects. Women who have been abused are much

20 more likely to suffer from chronic pain, diabetes, de21 pression, unintended pregnancies, substance abuse

22 and sexually transmitted infections, including HIV/

23 AIDS.
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1 (4) Health plans spend an average of $1,775

2 more a year on abused women than on general enroll3 ees.

4 (5) Each year about 324,000 pregnant women in

5 the United States are battered by the men in their

6 lives. This battering leads to complications of preg7 nancy, including low weight gain, anemia, infections,

8 and first and second trimester bleeding.

9 (6) Pregnant and recently pregnant women are

10 more likely to be victims of homicide than to die of

11 any other pregnancy-related cause, and evidence ex12 ists that a significant proportion of all female homi13 cide victims are killed by their intimate partners.

14 (7) Children who witness domestic violence are

15 more likely to exhibit behavioral and physical health

16 problems including depression, anxiety, and violence

17 towards peers. They are also more likely to attempt

18 suicide, abuse drugs and alcohol, run away from

19 home, engage in teenage prostitution, and commit

20 sexual assault crimes.

21 (8) Recent research suggests that women experi22 encing domestic violence significantly increase their

23 safety-promoting behaviors over the short- and long24 term when health care providers screen for, identify,
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1 and provide followup care and information to address

2 the violence.

3 (9) Currently, only about 10 percent of primary

4 care physicians routinely screen for intimate partner

5 abuse during new patient visits and 9 percent rou6 tinely screen for intimate partner abuse during peri7 odic checkups.

8 (10) Recent clinical studies have proven the effec9 tiveness of a 2-minute screening for early detection of

10 abuse of pregnant women. Additional longitudinal

11 studies have tested a 10-minute intervention that was

12 proven highly effective in increasing the safety of

13 pregnant abused women. Comparable research does

14 not yet exist to support the effectiveness of screening

15 men.

16 (11) Seventy to 81 percent of the patients studied

17 reported that they would like their healthcare pro18 viders to ask them privately about intimate partner

19 violence.

20 SEC. 502. PURPOSE.

21 It is the purpose of this title to improve the health care

22 system’s response to domestic violence, dating violence, sex23 ual assault, and stalking through the training and edu24 cation of health care providers, developing comprehensive

25 public health responses to violence against women and chil-
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1 dren, increasing the number of women properly screened,

2 identified, and treated for lifetime exposure to violence, and

3 expanding research on effective interventions in the health

4 care setting.

5 SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFES6 SIONALS IN DOMESTIC AND SEXUAL VIO7 LENCE.

8 Part D of title VII of the Public Health Service Act

9 (42 U.S.C. 294 et seq.) is amended by adding at the end

10 the following:

11 ‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION

12 ON DOMESTIC VIOLENCE AND OTHER TYPES

13 OF VIOLENCE AND ABUSE.

14 ‘‘(a) GRANTS.—The Secretary, acting through the Di15 rector of the Health Resources and Services Administration,

16 shall award grants under this section to develop inter17 disciplinary training and education programs that provide

18 undergraduate, graduate, post-graduate medical, nursing

19 (including advanced practice nursing students), and other

20 health professions students with an understanding of, and

21 clinical skills pertinent to, domestic violence, sexual assault,

22 stalking, and dating violence.

23 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

24 under this section an entity shall—
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1 ‘‘(1) be an accredited school of allopathic or os2 teopathic medicine;

3 ‘‘(2) prepare and submit to the Secretary an ap4 plication at such time, in such manner, and con5 taining such information as the Secretary may re6 quire, including—

7 ‘‘(A) information to demonstrate that the

8 applicant includes the meaningful participation

9 of a school of nursing and at least one other

10 school of health professions or graduate program

11 in public health, dentistry, social work, mid12 wifery, or behavioral and mental health;

13 ‘‘(B) strategies for the dissemination and

14 sharing of curricula and other educational mate15 rials developed under the grant to other inter16 ested medical and nursing schools and national

17 resource repositories for materials on domestic

18 violence and sexual assault; and

19 ‘‘(C) a plan for consulting with community20 based coalitions or individuals who have experi21 ence and expertise in issues related to domestic

22 violence, sexual assault, dating violence, and

23 stalking for services provided under the program

24 carried out under the grant.

25 ‘‘(c) USE OF FUNDS.—
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1 ‘‘(1) REQUIRED USES.—Amounts provided under

2 a grant under this section shall be used to—

3 ‘‘(A) fund interdisciplinary training and

4 education projects that are designed to train

5 medical, nursing, and other health professions

6 students and residents to identify and provide

7 health care services (including mental or behav8 ioral health care services and referrals to appro9 priate community services) to individuals who

10 are or who have experienced domestic violence,

11 sexual assault, and stalking or dating violence;

12 and

13 ‘‘(B) plan and develop culturally competent

14 clinical components for integration into ap15 proved residency training programs that address

16 health issues related to domestic violence, sexual

17 assault, dating violence, and stalking, along with

18 other forms of violence as appropriate, and in19 clude the primacy of victim safety and confiden20 tiality.

21 ‘‘(2) PERMISSIVE USES.—Amounts provided

22 under a grant under this section may be used to—

23 ‘‘(A) offer community-based training oppor24 tunities in rural areas for medical, nursing, and

25 other students and residents on domestic vio-
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1 lence, sexual assault, stalking, and dating vio2 lence, and other forms of violence and abuse,

3 which may include the use of distance learning

4 networks and other available technologies needed

5 to reach isolated rural areas; or

6 ‘‘(B) provide stipends to students who are

7 underrepresented in the health professions as nec8 essary to promote and enable their participation

9 in clerkships, preceptorships, or other offsite

10 training experiences that are designed to develop

11 health care clinical skills related to domestic vio12 lence, sexual assault, dating violence, and stalk13 ing.

14 ‘‘(3) REQUIREMENTS.—

15 ‘‘(A) CONFIDENTIALITY AND SAFETY.—

16 Grantees under this section shall ensure that all

17 educational programs developed with grant funds

18 address issues of confidentiality and patient safe19 ty, and that faculty and staff associated with de20 livering educational components are fully

21 trained in procedures that will protect the imme22 diate and ongoing security of the patients, pa23 tient records, and staff. Advocacy-based coali24 tions or other expertise available in the commu25 nity shall be consulted on the development and
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1 adequacy of confidentially and security proce2 dures, and shall be fairly compensated by grant3 ees for their services.

4 ‘‘(B) RURAL PROGRAMS.—Rural training

5 programs carried out under paragraph (2)(A)

6 shall reflect adjustments in protocols and proce7 dures or referrals that may be needed to protect

8 the confidentiality and safety of patients who

9 live in small or isolated communities and who

10 are currently or have previously experienced vio11 lence or abuse.

12 ‘‘(4) CHILD AND ELDER ABUSE.—Issues related

13 to child and elder abuse may be addressed as part of

14 a comprehensive programmatic approach imple15 mented under a grant under this section.

16 ‘‘(d) REQUIREMENTS OF GRANTEES.—

17 ‘‘(1) LIMITATION ON ADMINISTRATIVE EX18 PENSES.—A grantee shall not use more than 10 per19 cent of the amounts received under a grant under this

20 section for administrative expenses.

21 ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee

22 under this section, and any entity receiving assist23 ance under the grant for training and education,

24 shall contribute non-Federal funds, either directly or

25 through in-kind contributions, to the costs of the ac-
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1 tivities to be funded under the grant in an amount

2 that is not less than 25 percent of the total cost of

3 such activities.

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section,

6 $3,000,000 for each of fiscal years 2007 through 2011.

7 Amounts appropriated under this subsection shall remain

8 available until expended.’’.

9 SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES

10 TO DOMESTIC VIOLENCE, DATING VIOLENCE,

11 SEXUAL ASSAULT, AND STALKING GRANTS.

12 Part P of title III of the Public Health Service Act

13 (42 U.S.C. 280g et seq.) is amended by adding at the end

14 the following:

15 ‘‘SEC. 399O. GRANTS TO FOSTER PUBLIC HEALTH RE16 SPONSES TO DOMESTIC VIOLENCE, DATING

17 VIOLENCE, SEXUAL ASSAULT, AND STALKING.

18 ‘‘(a) AUTHORITY TO AWARD GRANTS.—

19 ‘‘(1) IN GENERAL.—The Secretary, acting

20 through the Director of the Centers for Disease Con21 trol and Prevention, shall award grants to eligible

22 State, tribal, territorial, or local entities to strengthen

23 the response of State, tribal, territorial, or local health

24 care systems to domestic violence, dating violence, sex25 ual assault, and stalking.
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1 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re2 ceive a grant under this section, an entity shall—

3 ‘‘(A) be—

4 ‘‘(i) a State department (or other divi5 sion) of health, a State domestic or sexual

6 assault coalition or service-based program,

7 State law enforcement task force, or any

8 other nonprofit, nongovernmental, tribal,

9 territorial, or State entity with a history of

10 effective work in the fields of domestic vio11 lence, dating violence, sexual assault or

12 stalking, and health care; or

13 ‘‘(ii) a local, nonprofit domestic vio14 lence, dating violence, sexual assault, or

15 stalking service-based program, a local de16 partment (or other division) of health, a

17 local health clinic, hospital, or health sys18 tem, or any other nonprofit, tribal, or local

19 entity with a history of effective work in the

20 field of domestic or sexual violence and

21 health;

22 ‘‘(B) prepare and submit to the Secretary

23 an application at such time, in such manner,

24 and containing such agreements, assurances, and

25 information as the Secretary determines to be
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1 necessary to carry out the purposes for which the

2 grant is to be made; and

3 ‘‘(C) demonstrate that the entity is rep4 resenting a team of organizations and agencies

5 working collaboratively to strengthen the re6 sponse of the health care system involved to do7 mestic violence, dating violence, sexual assault,

8 or stalking and that such team includes domestic

9 violence, dating violence, sexual assault or stalk10 ing and health care organizations.

11 ‘‘(3) DURATION.—A program conducted under a

12 grant awarded under this section shall not exceed 2

13 years.

14 ‘‘(b) USE OF FUNDS.—

15 ‘‘(1) IN GENERAL.—An entity shall use amounts

16 received under a grant under this section to design

17 and implement comprehensive strategies to improve

18 the response of the health care system involved to do19 mestic or sexual violence in clinical and public health

20 settings, hospitals, clinics, managed care settings (in21 cluding behavioral and mental health), and other

22 health settings.

23 ‘‘(2) MANDATORY STRATEGIES.—Strategies im24 plemented under paragraph (1) shall include the fol25 lowing:
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1 ‘‘(A) The implementation, dissemination,

2 and evaluation of policies and procedures to

3 guide health care professionals and behavioral

4 and public health staff in responding to domestic

5 violence, dating violence, sexual assault, and

6 stalking, including strategies to ensure that

7 health information is maintained in a manner

8 that protects the patient’s privacy and safety

9 and prohibits insurance discrimination.

10 ‘‘(B) The development of on-site access to

11 services to address the safety, medical, mental

12 health, and economic needs of patients either by

13 increasing the capacity of existing health care

14 professionals and behavioral and public health

15 staff to address domestic violence, dating vio16 lence, sexual assault, and stalking, by con17 tracting with or hiring domestic or sexual as18 sault advocates to provide the services, or to

19 model other services appropriate to the geo20 graphic and cultural needs of a site.

21 ‘‘(C) The evaluation of practice and the in22 stitutionalization of identification, intervention,

23 and documentation including quality improve24 ment measurements.
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1 ‘‘(D) The provision of training and fol2 lowup technical assistance to health care profes3 sionals, behavioral and public health staff, and

4 allied health professionals to identify, assess,

5 treat, and refer clients who are victims of domes6 tic violence, dating violence, sexual violence, or

7 stalking.

8 ‘‘(3) PERMISSIVE STRATEGIES.—Strategies im9 plemented under paragraph (1) may include the fol10 lowing:

11 ‘‘(A) Where appropriate, the development of

12 training modules and policies that address the

13 overlap of child abuse, domestic violence, dating

14 violence, sexual assault, and stalking and elder

15 abuse as well as childhood exposure to domestic

16 violence.

17 ‘‘(B) The creation, adaptation, and imple18 mentation of public education campaigns for pa19 tients concerning domestic violence, dating vio20 lence, sexual assault, and stalking prevention.

21 ‘‘(C) The development, adaptation, and dis22 semination of domestic violence, dating violence,

23 sexual assault, and stalking education materials

24 to patients and health care professionals and be25 havioral and public health staff.
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1 ‘‘(D) The promotion of the inclusion of do2 mestic violence, dating violence, sexual assault,

3 and stalking into health professional training

4 schools, including medical, dental, nursing

5 school, social work, and mental health cur6 riculum.

7 ‘‘(E) The integration of domestic violence,

8 dating violence, sexual assault, and stalking into

9 health care accreditation and professional licens10 ing examinations, such as medical, dental, social

11 work, and nursing boards.

12 ‘‘(c) ALLOCATION OF FUNDS.—Funds appropriated

13 under this section shall be distributed equally between State

14 and local programs.

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to award grants under this

17 section, $5,000,000 for each of fiscal years 2007 through

18 2011.’’.

19 SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN

20 THE HEALTHCARE SETTING.

21 Subtitle B of the Violence Against Women Act of 1994

22 (Public Law 103–322; 108 Stat. 1902 et seq.), as amended

23 by the Violence Against Women Act of 2000 (114 Stat. 1491

24 et seq.), and as amended by this Act, is further amended

25 by adding at the end the following:
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1 ‘‘CHAPTER 11—RESEARCH ON EFFECTIVE

2 INTERVENTIONS TO ADDRESS VIO3 LENCE AGAINST WOMEN

4 ‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN

5 THE HEALTH CARE SETTING.

6 ‘‘(a) PURPOSE.—The Secretary, acting through the Di7 rector of the Centers for Disease Control and Prevention

8 and the Director of the Agency for Healthcare Research and

9 Quality, shall award grants and contracts to fund research

10 on effective interventions in the health care setting that pre11 vent domestic violence, dating violence, and sexual assault

12 across the lifespan and that prevent the health effects of such

13 violence and improve the safety and health of individuals

14 who are currently being victimized.

15 ‘‘(b) USE OF FUNDS.—Research conducted with

16 amounts received under a grant or contract under this sec17 tion shall include the following:

18 ‘‘(1) With respect to the authority of the Centers

19 for Disease Control and Prevention—

20 ‘‘(A) research on the effects of domestic vio21 lence, dating violence, sexual assault, and child22 hood exposure to domestic, dating, or sexual vio23 lence, on health behaviors, health conditions, and

24 the health status of individuals, families, and

25 populations;
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1 ‘‘(B) research and testing of best messages

2 and strategies to mobilize public and health care

3 provider action concerning the prevention of do4 mestic, dating, or sexual violence; and

5 ‘‘(C) measure the comparative effectiveness

6 and outcomes of efforts under this Act to reduce

7 violence and increase women’s safety.

8 ‘‘(2) With respect to the authority of the Agency

9 for Healthcare Research and Quality—

10 ‘‘(A) research on the impact on the health

11 care system, health care utilization, health care

12 costs, and health status of domestic violence, dat13 ing violence, and childhood exposure to domestic

14 and dating violence, sexual violence and stalking

15 and childhood exposure; and

16 ‘‘(B) research on effective interventions

17 within primary care and emergency health care

18 settings and with health care settings that in19 clude clinical partnerships within community

20 domestic violence providers for adults and chil21 dren exposed to domestic or dating violence.

22 ‘‘(c) USE OF DATA.—Research funded under this sec23 tion shall be utilized by eligible entities under section 399O

24 of the Public Health Service Act.
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section,

3 $5,000,000 for each of fiscal years 2007 through 2011.’’.

4 TITLE VI—HOUSING OPPORTUNI5 TIES AND SAFETY FOR BAT6 TERED WOMEN AND CHIL7 DREN

8 SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS

9 OF DOMESTIC VIOLENCE, DATING VIOLENCE,

10 SEXUAL ASSAULT, AND STALKING.

11 The Violence Against Women Act of 1994 (42 U.S.C.

12 13701 et seq.) is amended by adding at the end the fol13 lowing:

14 ‘‘Subtitle N—Addressing the Hous15 ing Needs of Victims of Domestic

16 Violence, Dating Violence, Sex17 ual Assault, and Stalking

18 ‘‘SEC. 41401. FINDINGS.

19 ‘‘Congress finds that:

20 ‘‘(1) There is a strong link between domestic vio21 lence and homelessness. Among cities surveyed, 44

22 percent identified domestic violence as a primary

23 cause of homelessness.

24 ‘‘(2) Ninety-two percent of homeless women have

25 experienced severe physical or sexual abuse at some
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1 point in their lives. Of all homeless women and chil2 dren, 60 percent had been abused by age 12, and 63

3 percent have been victims of intimate partner violence

4 as adults.

5 ‘‘(3) Women and families across the country are

6 being discriminated against, denied access to, and

7 even evicted from public and subsidized housing be8 cause of their status as victims of domestic violence.

9 ‘‘(4) A recent survey of legal service providers

10 around the country found that these providers have

11 responded to almost 150 documented eviction cases in

12 the last year alone where the tenant was evicted be13 cause of the domestic violence crimes committed

14 against her. In addition, nearly 100 clients were de15 nied housing because of their status as victims of do16 mestic violence.

17 ‘‘(5) Women who leave their abusers frequently

18 lack adequate emergency shelter options. The lack of

19 adequate emergency options for victims presents a se20 rious threat to their safety and the safety of their chil21 dren. Requests for emergency shelter by homeless

22 women with children increased by 78 percent of

23 United States cities surveyed in 2004. In the same

24 year, 32 percent of the requests for shelter by homeless
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1 families went unmet due to the lack of available emer2 gency shelter beds.

3 ‘‘(6) The average stay at an emergency shelter is

4 60 days, while the average length of time it takes a

5 homeless family to secure housing is 6 to 10 months.

6 ‘‘(7) Victims of domestic violence often return to

7 abusive partners because they cannot find long-term

8 housing.

9 ‘‘(8) There are not enough Federal housing rent

10 vouchers available to accommodate the number of peo11 ple in need of long-term housing. Some people remain

12 on the waiting list for Federal housing rent vouchers

13 for years, while some lists are closed.

14 ‘‘(9) Transitional housing resources and services

15 provide an essential continuum between emergency

16 shelter provision and independent living. A majority

17 of women in transitional housing programs stated

18 that had these programs not existed, they would have

19 likely gone back to abusive partners.

20 ‘‘(10) Because abusers frequently manipulate fi21 nances in an effort to control their partners, victims

22 often lack steady income, credit history, landlord ref23 erences, and a current address, all of which are nec24 essary to obtain long-term permanent housing.
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1 ‘‘(11) Victims of domestic violence in rural areas

2 face additional barriers, challenges, and unique cir3 cumstances, such as geographical isolation, poverty,

4 lack of public transportation systems, shortages of

5 health care providers, under-insurance or lack of

6 health insurance, difficulty ensuring confidentiality

7 in small communities, and decreased access to many

8 resources (such as advanced education, job opportuni9 ties, and adequate childcare).

10 ‘‘(12) Congress and the Secretary of Housing

11 and Urban Development have recognized in recent

12 years that families experiencing domestic violence

13 have unique needs that should be addressed by those

14 administering the Federal housing programs.

15 ‘‘SEC. 41402. PURPOSE.

16 ‘‘The purpose of this subtitle is to reduce domestic vio17 lence, dating violence, sexual assault, and stalking, and to

18 prevent homelessness by—

19 ‘‘(1) protecting the safety of victims of domestic

20 violence, dating violence, sexual assault, and stalking

21 who reside in homeless shelters, public housing, as22 sisted housing, tribally designated housing, or other

23 emergency, transitional, permanent, or affordable

24 housing, and ensuring that such victims have mean-
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1 ingful access to the criminal justice system without

2 jeopardizing such housing;

3 ‘‘(2) creating long-term housing solutions that

4 develop communities and provide sustainable living

5 solutions for victims of domestic violence, dating vio6 lence, sexual assault, and stalking;

7 ‘‘(3) building collaborations among victim serv8 ice providers, homeless service providers, housing pro9 viders, and housing agencies to provide appropriate

10 services, interventions, and training to address the

11 housing needs of victims of domestic violence, dating

12 violence, sexual assault, and stalking; and

13 ‘‘(4) enabling public and assisted housing agen14 cies, tribally designated housing entities, private

15 landlords, property management companies, and

16 other housing providers and agencies to respond ap17 propriately to domestic violence, dating violence, sex18 ual assault, and stalking, while maintaining a safe

19 environment for all housing residents.

20 ‘‘SEC. 41403. DEFINITIONS.

21 ‘‘For purposes of this subtitle—

22 ‘‘(1) the term ‘assisted housing’ means housing

23 assisted—

24 ‘‘(A) under sections 213, 220, 221(d)(3),

25 221(d)(4), 223(e), 231, or 236 of the National
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1 Housing Act (12 U.S.C. 1715l(d)(3), (d)(4), or

2 1715z–1);

3 ‘‘(B) under section 101 of the Housing and

4 Urban Development Act of 1965 (12 U.S.C.

5 1701s);

6 ‘‘(C) under section 202 of the Housing Act

7 of 1959 (12 U.S.C. 1701q);

8 ‘‘(D) under section 811 of the Cranston9 Gonzales National Affordable Housing Act (42

10 U.S.C. 8013);

11 ‘‘(E) under title II of the Cranston-Gonzales

12 National Affordable Housing Act (42 U.S.C.

13 12701 et seq.);

14 ‘‘(F) under subtitle D of title VIII of the

15 Cranston-Gonzalez National Affordable Housing

16 Act (42 U.S.C. 12901 et seq.);

17 ‘‘(G) under title I of the Housing and Com18 munity Development Act of 1974 (42 U.S.C.

19 5301 et seq.); or

20 ‘‘(H) under section 8 of the United States

21 Housing Act of 1937 (42 U.S.C. 1437f);

22 ‘‘(2) the term ‘continuum of care’ means a com23 munity plan developed to organize and deliver hous24 ing and services to meet the specific needs of people
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1 who are homeless as they move to stable housing and

2 achieve maximum self-sufficiency;

3 ‘‘(3) the term ‘low-income housing assistance

4 voucher’ means housing assistance described in section

5 8 of the United States Housing Act of 1937 (42

6 U.S.C. 1437f);

7 ‘‘(4) the term ‘public housing’ means housing de8 scribed in section 3(b)(1) of the United States Hous9 ing Act of 1937 (42 U.S.C. 1437a(b)(1));

10 ‘‘(5) the term ‘public housing agency’ means an

11 agency described in section 3(b)(6) of the United

12 States Housing Act of 1937 (42 U.S.C. 1437a(b)(6));

13 ‘‘(6) the terms ‘homeless’, ‘homeless individual’,

14 and ‘homeless person’—

15 ‘‘(A) mean an individual who lacks a fixed,

16 regular, and adequate nighttime residence; and

17 ‘‘(B) includes—

18 ‘‘(i) an individual who—

19 ‘‘(I) is sharing the housing of

20 other persons due to loss of housing,

21 economic hardship, or a similar rea22 son;

23 ‘‘(II) is living in a motel, hotel,

24 trailer park, or campground due to the
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1 lack of alternative adequate accom2 modations;

3 ‘‘(III) is living in an emergency

4 or transitional shelter;

5 ‘‘(IV) is abandoned in a hospital;

6 or

7 ‘‘(V) is awaiting foster care place8 ment;

9 ‘‘(ii) an individual who has a primary

10 nighttime residence that is a public or pri11 vate place not designed for or ordinarily

12 used as a regular sleeping accommodation

13 for human beings; or

14 ‘‘(iii) migratory children (as defined

15 in section 1309 of the Elementary and Sec16 ondary Education Act of 1965; 20 U.S.C.

17 6399) who qualify as homeless under this

18 section because the children are living in

19 circumstances described in this paragraph;

20 ‘‘(7) the term ‘homeless service provider’ means

21 a nonprofit, nongovernmental homeless service pro22 vider, such as a homeless shelter, a homeless service or

23 advocacy program, a tribal organization serving

24 homeless individuals, or coalition or other nonprofit,

25 nongovernmental organization carrying out a com-
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1 munity-based homeless or housing program that has

2 a documented history of effective work concerning

3 homelessness;

4 ‘‘(8) the term ‘tribally designated housing’ means

5 housing assistance described in the Native American

6 Housing Assistance and Self-Determination Act of

7 1996 (25 U.S.C. 4101 et seq.); and

8 ‘‘(9) the term ‘tribally designated housing entity’

9 means a housing entity described in the Native Amer10 ican Housing Assistance and Self-Determination Act

11 of 1996 (25 U.S.C. 4103(21));

12 ‘‘SEC. 41404. COLLABORATIVE GRANTS TO INCREASE THE

13 LONG-TERM STABILITY OF VICTIMS.

14 ‘‘(a) GRANTS AUTHORIZED.—

15 ‘‘(1) IN GENERAL.—The Secretary of Health and

16 Human Services, acting through the Administration

17 of Children and Families, in partnership with the

18 Secretary of Housing and Urban Development, shall

19 award grants, contracts, or cooperative agreements for

20 a period of not less than 2 years to eligible entities

21 to develop long-term sustainability and self-suffi22 ciency options for adult and youth victims of domes23 tic violence, dating violence, sexual assault, and stalk24 ing who are currently homeless or at risk for becom25 ing homeless.
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1 ‘‘(2) AMOUNT.—The Secretary of Health and

2 Human Services shall award funds in amounts—

3 ‘‘(A) not less than $25,000 per year; and

4 ‘‘(B) not more than $1,000,000 per year.

5 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive

6 funds under this section, an entity shall demonstrate that

7 it is a coalition or partnership, applying jointly, that—

8 ‘‘(1) shall include a domestic violence victim

9 service provider;

10 ‘‘(2) shall include—

11 ‘‘(A) a homeless service provider;

12 ‘‘(B) a nonprofit, nongovernmental commu13 nity housing development organization or a De14 partment of Agriculture rural housing service

15 program; or

16 ‘‘(C) in the absence of a homeless service

17 provider on tribal lands or nonprofit, nongovern18 mental community housing development organi19 zation on tribal lands, a tribally designated

20 housing entity or tribal housing consortium;

21 ‘‘(3) may include a dating violence, sexual as22 sault, or stalking victim service provider;

23 ‘‘(4) may include housing developers, housing

24 corporations, State housing finance agencies, other
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1 housing agencies, and associations representing land2 lords;

3 ‘‘(5) may include a public housing agency or

4 tribally designated housing entity;

5 ‘‘(6) may include tenant organizations in public

6 or tribally designated housing, as well as nonprofit,

7 nongovernmental tenant organizations;

8 ‘‘(7) may include other nonprofit, nongovern9 mental organizations participating in the Depart10 ment of Housing and Urban Development’s Con11 tinuum of Care process;

12 ‘‘(8) may include a State, tribal, territorial, or

13 local government or government agency; and

14 ‘‘(9) may include any other agencies or non15 profit, nongovernmental organizations with the ca16 pacity to provide effective help to adult and youth

17 victims of domestic violence, dating violence, sexual

18 assault, or stalking.

19 ‘‘(c) APPLICATION.—Each eligible entity seeking funds

20 under this section shall submit an application to the Sec21 retary of Health and Human Services at such time, in such

22 manner, and containing such information as the Secretary

23 of Health and Human Services may require.

24 ‘‘(d) USE OF FUNDS.—
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1 ‘‘(1) IN GENERAL.—Funds awarded to eligible

2 entities under subsection (a) shall be used to design

3 or replicate and implement new activities, services,

4 and programs to increase the stability and self-suffi5 ciency of, and create partnerships to develop long6 term housing options for adult and youth victims of

7 domestic violence, dating violence, sexual assault, or

8 stalking, and their dependents, who are currently

9 homeless or at risk of becoming homeless.

10 ‘‘(2) ACTIVITIES, SERVICES, PROGRAMS.—Such

11 activities, services, or programs described in para12 graph (1) shall develop sustainable long-term living

13 solutions in the community by—

14 ‘‘(A) coordinating efforts and resources

15 among the various groups and organizations

16 comprised in the entity to access existing private

17 and public funding;

18 ‘‘(B) assisting with the placement of indi19 viduals and families in long-term housing; and

20 ‘‘(C) providing services to help individuals

21 or families find and maintain long-term hous22 ing, including financial assistance and support

23 services;

24 ‘‘(3) may develop partnerships with individuals,

25 organizations, corporations, or other entities that pro-
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1 vide capital costs for the purchase, preconstruction,

2 construction, renovation, repair, or conversion of af3 fordable housing units;

4 ‘‘(4) may use funds for the administrative ex5 penses related to the continuing operation, upkeep,

6 maintenance, and use of housing described in para7 graph (3); and

8 ‘‘(5) may provide to the community information

9 about housing and housing programs, and the process

10 to locate and obtain long-term housing.

11 ‘‘(e) LIMITATION.—Funds provided under paragraph

12 (a) shall not be used for construction, modernization or ren13 ovation.

14 ‘‘(f) UNDERSERVED POPULATIONS AND PRIORITIES.—

15 In awarding grants under this section, the Secretary of

16 Health and Human Services shall—

17 ‘‘(1) give priority to linguistically and culturally

18 specific services;

19 ‘‘(2) give priority to applications from entities

20 that include a sexual assault service provider as de21 scribed in subsection (b)(3); and

22 ‘‘(3) award a minimum of 15 percent of the

23 funds appropriated under this section in any fiscal

24 year to tribal organizations.

25 ‘‘(g) DEFINITIONS.—For purposes of this section:
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1 ‘‘(1) AFFORDABLE HOUSING.—The term ‘afford2 able housing’ means housing that complies with the

3 conditions set forth in section 215 of the Cranston4 Gonzalez National Affordable Housing Act (42 U.S.C.

5 12745).

6 ‘‘(2) LONG-TERM HOUSING.—The term ‘long-term

7 housing’ means housing that is sustainable, accessible,

8 affordable, and safe for the foreseeable future and is—

9 ‘‘(A) rented or owned by the individual;

10 ‘‘(B) subsidized by a voucher or other pro11 gram which is not time-limited and is available

12 for as long as the individual meets the eligibility

13 requirements for the voucher or program; or

14 ‘‘(C) provided directly by a program, agen15 cy, or organization and is not time-limited and

16 is available for as long as the individual meets

17 the eligibility requirements for the program,

18 agency, or organization.

19 ‘‘(h) EVALUATION, MONITORING, ADMINISTRATION,

20 AND TECHNICAL ASSISTANCE.—For purposes of this

21 section—

22 ‘‘(1) up to 5 percent of the funds appropriated

23 under subsection (i) for each fiscal year may be used

24 by the Secretary of Health and Human Services for
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1 evaluation, monitoring, and administration costs

2 under this section; and

3 ‘‘(2) up to 8 percent of the funds appropriated

4 under subsection (i) for each fiscal year may be used

5 to provide technical assistance to grantees under this

6 section.

7 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated $10,000,000 for each of fiscal

9 years 2007 through 2011 to carry out the provisions of this

10 section.

11 ‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST

12 WOMEN IN PUBLIC AND ASSISTED HOUSING.

13 ‘‘(a) PURPOSE.—It is the purpose of this section to as14 sist eligible grantees in responding appropriately to domes15 tic violence, dating violence, sexual assault, and stalking

16 so that the status of being a victim of such a crime is not

17 a reason for the denial or loss of housing. Such assistance

18 shall be accomplished through—

19 ‘‘(1) education and training of eligible entities;

20 ‘‘(2) development and implementation of appro21 priate housing policies and practices;

22 ‘‘(3) enhancement of collaboration with victim

23 service providers and tenant organizations; and

24 ‘‘(4) reduction of the number of victims of such

25 crimes who are evicted or denied housing because of
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1 crimes and lease violations committed or directly

2 caused by the perpetrators of such crimes.

3 ‘‘(b) GRANTS AUTHORIZED.—

4 ‘‘(1) IN GENERAL.—The Attorney General, acting

5 through the Director of the Violence Against Women

6 Office of the Department of Justice (‘Director’), and

7 in consultation with the Secretary of Housing and

8 Urban Development (‘Secretary’), and the Secretary

9 of Health and Human Services, acting through the

10 Administration for Children, Youth and Families

11 (‘ACYF’), shall award grants and contracts for not

12 less than 2 years to eligible grantees to promote the

13 full and equal access to and use of housing by adult

14 and youth victims of domestic violence, dating vio15 lence, sexual assault, and stalking.

16 ‘‘(2) AMOUNTS.—Not less than 15 percent of the

17 funds appropriated to carry out this section shall be

18 available for grants to tribally designated housing en19 tities.

20 ‘‘(3) AWARD BASIS.—The Attorney General shall

21 award grants and contracts under this section on a

22 competitive basis.

23 ‘‘(4) LIMITATION.—Appropriated funds may

24 only be used for the purposes described in subsection

25 (f).
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1 ‘‘(c) ELIGIBLE GRANTEES.—

2 ‘‘(1) IN GENERAL.—Eligible grantees are—

3 ‘‘(A) public housing agencies;

4 ‘‘(B) principally managed public housing

5 resident management corporations, as deter6 mined by the Secretary;

7 ‘‘(C) public housing projects owned by pub8 lic housing agencies;

9 ‘‘(D) tribally designated housing entities;

10 and

11 ‘‘(E) private, for-profit, and nonprofit own12 ers or managers of assisted housing.

13 ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT14 EES.—To receive assistance under this section, an eli15 gible grantee shall certify that—

16 ‘‘(A) its policies and practices do not pro17 hibit or limit a resident’s right to summon police

18 or other emergency assistance in response to do19 mestic violence, dating violence, sexual assault,

20 or stalking;

21 ‘‘(B) programs and services are developed

22 that give a preference in admission to adult and

23 youth victims of such violence, consistent with

24 local housing needs, and applicable law and the

25 Secretary’s instructions;
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1 ‘‘(C) it does not discriminate against any

2 person—

3 ‘‘(i) because that person is or is per4 ceived to be, or has a family or household

5 member who is or is perceived to be, a vic6 tim of such violence; or

7 ‘‘(ii) because of the actions or threat8 ened actions of the individual who the vic9 tim, as certified in subsection (e), states has

10 committed or threatened to commit acts of

11 such violence against the victim, or against

12 the victim’s family or household member;

13 ‘‘(D) plans are developed that establish

14 meaningful consultation and coordination with

15 local victim service providers, tenant organiza16 tions, linguistically and culturally specific serv17 ice providers, State domestic violence and sexual

18 assault coalitions, and, where they exist, tribal

19 domestic violence and sexual assault coalitions;

20 and

21 ‘‘(E) its policies and practices will be in

22 compliance with those described in this para23 graph within the later of 1 year or a period se24 lected by the Attorney General in consultation

25 with the Secretary and ACYF.
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1 ‘‘(d) APPLICATION.—Each eligible entity seeking a

2 grant under this section shall submit an application to the

3 Attorney General at such a time, in such a manner, and

4 containing such information as the Attorney General may

5 require.

6 ‘‘(e) CERTIFICATION.—

7 ‘‘(1) IN GENERAL.—A public housing agency,

8 tribally designated housing entity, or assisted housing

9 provider receiving funds under this section may re10 quest that an individual claiming relief under this

11 section certify that the individual is a victim of do12 mestic violence, dating violence, sexual assault, or

13 stalking. The individual shall provide a copy of such

14 certification to the public housing agency, tribally

15 designated housing entity, or assisted housing pro16 vider within a reasonable period of time after the

17 agency or authority requests such certification.

18 ‘‘(2) CONTENTS.—An individual may satisfy the

19 certification requirement of paragraph (1) by—

20 ‘‘(A) providing the public housing agency,

21 tribally designated housing entity, or assisted

22 housing provider with documentation, signed by

23 an employee, agent, or volunteer of a victim

24 service provider, an attorney, a member of the

25 clergy, a medical professional, or any other pro-
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1 fessional from whom the victim has sought assist2 ance in addressing domestic violence, dating vio3 lence, sexual assault, or stalking, or the effects of

4 abuse; or

5 ‘‘(B) producing a Federal, State, tribal, ter6 ritorial, or local police or court record.

7 ‘‘(3) LIMITATION.—Nothing in this subsection

8 shall be construed to require any housing agency, as9 sisted housing provider, tribally designated housing

10 entity, owner, or manager to demand that an indi11 vidual produce official documentation or physical

12 proof of the individual’s status as a victim of domes13 tic violence, dating violence, sexual assault, or stalk14 ing, in order to receive any of the benefits provided

15 in this section. A housing agency, assisted housing

16 provider, tribally designated housing entity, owner, or

17 manager may provide benefits to an individual based

18 solely on the individual’s statement or other corrobo19 rating evidence.

20 ‘‘(4) CONFIDENTIALITY.—

21 ‘‘(A) IN GENERAL.—All information pro22 vided to any housing agency, assisted housing

23 provider, tribally designated housing entity,

24 owner, or manager pursuant to paragraph (1),

25 including the fact that an individual is a victim
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1 of domestic violence, dating violence, sexual as2 sault, or stalking, shall be retained in confidence

3 by such agency, and shall neither be entered into

4 any shared database, nor provided to any related

5 housing agency, assisted housing provider, trib6 ally designated housing entity, owner, or man7 ager, except to the extent that disclosure is—

8 ‘‘(i) requested or consented to by the

9 individual in writing; or

10 ‘‘(ii) otherwise required by applicable

11 law.

12 ‘‘(B) NOTIFICATION.—Public housing agen13 cies must provide notice to tenants of their rights

14 under this section, including their right to con15 fidentiality and the limits thereof, and to owners

16 and managers of their rights and obligations

17 under this section.

18 ‘‘(f) USE OF FUNDS.—Grants and contracts awarded

19 pursuant to subsection (a) shall provide to eligible entities

20 personnel, training, and technical assistance to develop and

21 implement policies, practices, and procedures, making

22 physical improvements or changes, and developing or en23 hancing collaborations for the purposes of—

24 ‘‘(1) enabling victims of domestic violence, dat25 ing violence, sexual assault, and stalking with other-
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1 wise disqualifying rental, credit, or criminal histories

2 to be eligible to obtain housing or housing assistance,

3 if such victims would otherwise qualify for housing or

4 housing assistance and can provide documented evi5 dence that demonstrates the causal connection between

6 such violence or abuse and the victims’ negative his7 tories;

8 ‘‘(2) permitting applicants for housing or hous9 ing assistance to provide incomplete rental and em10 ployment histories, otherwise required as a condition

11 of admission or assistance, if the victim believes that

12 providing such rental and employment history would

13 endanger the victim’s or the victim children’s safety;

14 ‘‘(3) protecting victims’ confidentiality, includ15 ing protection of victims’ personally identifying infor16 mation, address, or rental history;

17 ‘‘(4) assisting victims who need to leave a public

18 housing, tribally designated housing, or assisted hous19 ing unit quickly to protect their safety, including

20 those who are seeking transfer to a new public hous21 ing unit, tribally designated housing unit, or assisted

22 housing unit, whether in the same or a different

23 neighborhood or jurisdiction;

24 ‘‘(5) enabling the public housing agency, tribally

25 designated housing entity, or assisted housing pro-
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1 vider, or the victim, to remove, consistent with appli2 cable State law, the perpetrator of domestic violence,

3 dating violence, sexual assault, or stalking without

4 evicting, removing, or otherwise penalizing the victim;

5 ‘‘(6) enabling the public housing agency, tribally

6 designated housing entity, or assisted housing pro7 vider, when notified, to honor court orders addressing

8 rights of access to or control of the property, includ9 ing civil protection orders issued to protect the victim

10 and issued to address the distribution or possession of

11 property among the household members in cases where

12 a family breaks up;

13 ‘‘(7) developing and implementing more effective

14 security policies, protocols, and services;

15 ‘‘(8) allotting not more than 15 percent of funds

16 awarded under the grant to make modest physical

17 improvements to enhance safety;

18 ‘‘(9) training personnel to more effectively iden19 tify and respond to victims of domestic violence, dat20 ing violence, sexual assault, and stalking; and

21 ‘‘(10) effectively providing notice to applicants

22 and residents of the above housing policies, practices,

23 and procedures.

24 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated $10,000,000 for each of
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1 fiscal years 2007 through 2011 to carry out the provisions

2 of this section.

3 ‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of

4 the amount appropriated under subsection (g) for each fis5 cal year shall be used by the Attorney General for technical

6 assistance costs under this section.’’.

7 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS

8 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT9 ING VIOLENCE, SEXUAL ASSAULT, OR STALK10 ING.

11 (a) IN GENERAL.—Section 40299 of the Violence

12 Against Women Act of 1994 (42 U.S.C. 13975) is

13 amended—

14 (1) in subsection (a)—

15 (A) by inserting ‘‘the Department of Hous16 ing and Urban Development, and the Depart17 ment of Health and Human Services,’’ after

18 ‘‘Department of Justice,’’;

19 (B) by inserting ‘‘, including domestic vio20 lence and sexual assault victim service providers,

21 domestic violence and sexual assault coalitions,

22 other nonprofit, nongovernmental organizations,

23 or community-based and culturally specific orga24 nizations, that have a documented history of ef25 fective work concerning domestic violence, dating
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1 violence, sexual assault, or stalking’’ after ‘‘other

2 organizations’’; and

3 (C) in paragraph (1), by inserting ‘‘, dat4 ing violence, sexual assault, or stalking’’ after

5 ‘‘domestic violence’’;

6 (2) in subsection (b)—

7 (A) by redesignating paragraphs (1) and

8 (2) as paragraphs (2) and (3), respectively;

9 (B) in paragraph (3), as redesignated, by

10 inserting ‘‘, dating violence, sexual assault, or

11 stalking’’ after ‘‘violence’’;

12 (C) by inserting before paragraph (2), as

13 redesignated, the following:

14 ‘‘(1) transitional housing, including funding for

15 the operating expenses of newly developed or existing

16 transitional housing.’’; and

17 (D) in paragraph (3)(B) as redesignated,

18 by inserting ‘‘Participation in the support serv19 ices shall be voluntary. Receipt of the benefits of

20 the housing assistance described in paragraph

21 (2) shall not be conditioned upon the participa22 tion of the youth, adults, or their dependents in

23 any or all of the support services offered them.’’

24 after ‘‘assistance.’’;
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1 (3) in paragraph (1) of subsection (c), by strik2 ing ‘‘18 months’’ and inserting ‘‘24 months’’;

3 (4) in subsection (d)(2)—

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (A);

6 (B) by redesignating subparagraph (B) as

7 subparagraph (C); and

8 (C) by inserting after subparagraph (A) the

9 following:

10 ‘‘(B) provide assurances that any sup11 portive services offered to participants in pro12 grams developed under subsection (b)(3) are vol13 untary and that refusal to receive such services

14 shall not be grounds for termination from the

15 program or eviction from the victim’s housing;

16 and’’;

17 (5) in subsection (e)(2)—

18 (A) in subparagraph (A), by inserting

19 ‘‘purpose and’’ before ‘‘amount’’;

20 (B) in clause (ii) of subparagraph (C), by

21 striking ‘‘and’’;

22 (C) in subparagraph (D), by striking the

23 period and inserting ‘‘; and’’; and

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

25 subparagraph:
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1 ‘‘(E) the client population served and the

2 number of individuals requesting services that

3 the transitional housing program is unable to

4 serve as a result of a lack of resources.’’; and

5 (6) in subsection (g)—

6 (A) in paragraph (1), by striking

7 ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’;

8 (B) in paragraph (1), by striking ‘‘2004’’

9 and inserting ‘‘2007’’;

10 (C) in paragraph (1), by striking ‘‘2008’’

11 and inserting ‘‘2011’’;

12 (D) in paragraph (2), by striking ‘‘not

13 more than 3 percent’’ and inserting ‘‘up to 5

14 percent’’;

15 (E) in paragraph (2), by inserting ‘‘evalua16 tion, monitoring, technical assistance,’’ before

17 ‘‘salaries’’; and

18 (F) in paragraph (3), by adding at the end

19 the following new subparagraphs:

20 ‘‘(C) UNDERSERVED POPULATIONS.—

21 ‘‘(i) A minimum of 7 percent of the

22 total amount appropriated in any fiscal

23 year shall be allocated to tribal organiza24 tions serving adult and youth victims of do-
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1 mestic violence, dating violence, sexual as2 sault, or stalking, and their dependents.

3 ‘‘(ii) Priority shall be given to projects

4 developed under subsection (b) that pri5 marily serve underserved populations.’’.

6 SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING

7 REQUIREMENT.

8 Section 5A of the United States Housing Act of 1937

9 (42 U.S.C. 1437c–1) is amended—

10 (1) in subsection (a)—

11 (A) in paragraph (1), by striking ‘‘para12 graph (2)’’ and inserting ‘‘paragraph (3)’’;

13 (B) by redesignating paragraph (2) as

14 paragraph (3); and

15 (C) by inserting after paragraph (1) the fol16 lowing:

17 ‘‘(2) STATEMENT OF GOALS.—The 5-year plan

18 shall include a statement by any public housing agen19 cy of the goals, objectives, policies, or programs that

20 will enable the housing authority to serve the needs of

21 child and adult victims of domestic violence, dating

22 violence, sexual assault, or stalking.’’;

23 (2) in subsection (d), by redesignating para24 graphs (13), (14), (15), (16), (17), and (18), as para-
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1 graphs (14), (15), (16), (17), (18), and (19), respec2 tively; and

3 (3) by inserting after paragraph (12) the fol4 lowing:

5 ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE,

6 SEXUAL ASSAULT, OR STALKING PROGRAMS.—A de7 scription of—

8 ‘‘(A) any activities, services, or programs

9 provided or offered by an agency, either directly

10 or in partnership with other service providers, to

11 child or adult victims of domestic violence, dat12 ing violence, sexual assault, or stalking;

13 ‘‘(B) any activities, services, or programs

14 provided or offered by a public housing agency

15 that helps child and adult victims of domestic vi16 olence, dating violence, sexual assault, or stalk17 ing, to obtain or maintain housing; and

18 ‘‘(C) any activities, services, or programs

19 provided or offered by a public housing agency

20 to prevent domestic violence, dating violence, sex21 ual assault, and stalking, or to enhance victim

22 safety in assisted families.’’.

23 SEC. 604. HOUSING STRATEGIES.

24 Section 105(b)(1) of the Cranston-Gonzalez National

25 Affordable Housing Act (42 U.S.C. 12705(b)(1)) is amended
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1 by inserting after ‘‘immunodeficiency syndrome,’’ the fol2 lowing: ‘‘victims of domestic violence, dating violence, sex3 ual assault, and stalking’’.

4 SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOME5 LESS ASSISTANCE ACT.

6 Section 423 of the Stewart B. McKinney Homeless As7 sistance Act (42 U.S.C. 11383) is amended—

8 (1) by adding at the end of subsection (a) the fol9 lowing:

10 ‘‘(8) CONFIDENTIALITY.—

11 ‘‘(A) VICTIM SERVICE PROVIDERS.—In the

12 course of awarding grants or implementing pro13 grams under this subsection, the Secretary shall

14 instruct any victim service provider that is a re15 cipient or subgrantee not to disclose for purposes

16 of a Homeless Management Information System

17 personally identifying information about any

18 client. The Secretary may, after public notice

19 and comment, require or ask such recipients and

20 subgrantees to disclose for purposes of a Home21 less Management Information System non-per22 sonally identifying data that has been de-identi23 fied, encrypted, or otherwise encoded. Nothing in

24 this section shall be construed to supersede any

25 provision of any Federal, State, or local law that
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1 provides greater protection than this paragraph

2 for victims of domestic violence, dating violence,

3 sexual assault, or stalking.

4 ‘‘(B) DEFINITIONS

5 ‘‘(i) PERSONALLY IDENTIFYING INFOR6 MATION OR PERSONAL INFORMATION.—The

7 term ‘personally identifying information’ or

8 ‘personal information’ means individually

9 identifying information for or about an in10 dividual including information likely to

11 disclose the location of a victim of domestic

12 violence, dating violence, sexual assault, or

13 stalking, including—

14 ‘‘(I) a first and last name;

15 ‘‘(II) a home or other physical ad16 dress;

17 ‘‘(III) contact information (in18 cluding a postal, e-mail or Internet

19 protocol address, or telephone or fac20 simile number);

21 ‘‘(IV) a social security number;

22 and

23 ‘‘(V) any other information, in24 cluding date of birth, racial or ethnic

25 background, or religious affiliation,
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1 that, in combination with any other

2 non-personally identifying information

3 would serve to identify any individual.

4 ‘‘(ii) VICTIM SERVICE PROVIDER.—The

5 term ‘victim service provider’ or ‘victim

6 service providers’ means a nonprofit, non7 governmental organization including rape

8 crisis centers, battered women’s shelters, do9 mestic violence transitional housing pro10 grams, and other programs whose primary

11 mission is to provide services to victims of

12 domestic violence, dating violence, sexual

13 assault, or stalking.’’.

14 SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING AS15 SISTANCE VOUCHER PROGRAM.

16 Section 8 of the United States Housing Act of 1937

17 (42 U.S.C. 1437f) is amended—

18 (1) in subsection (c), by adding at the end the

19 following new paragraph:

20 ‘‘(9)(A) That an applicant or participant is or

21 has been a victim of domestic violence, dating vio22 lence, or stalking is not an appropriate basis for de23 nial of program assistance or for denial of admission,

24 if the applicant otherwise qualifies for assistance or

25 admission.
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1 ‘‘(B) An incident or incidents of actual or

2 threatened domestic violence, dating violence, or stalk3 ing will not be construed as a serious or repeated vio4 lation of the lease by the victim or threatened victim

5 of that violence and shall not be good cause for termi6 nating the assistance, tenancy, or occupancy rights of

7 the victim of such violence.

8 ‘‘(C)(i) Criminal activity directly relating to do9 mestic violence, dating violence, or stalking, engaged

10 in by a member of a tenant’s household or any guest

11 or other person under the tenant’s control shall not be

12 cause for termination of assistance, tenancy, or occu13 pancy rights if the tenant or an immediate member

14 of the tenant’s family is the victim or threatened vic15 tim of that domestic violence, dating violence, or

16 stalking.

17 ‘‘(ii) Notwithstanding clause (i), an owner or

18 manager may bifurcate a lease under this section, in

19 order to evict, remove, or terminate assistance to any

20 individual who is a tenant or lawful occupant and

21 who engages in criminal acts of physical violence

22 against family members or others, without evicting,

23 removing, terminating assistance to, or otherwise pe24 nalizing the victim of such violence who is also a ten25 ant or lawful occupant.
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1 ‘‘(iii) Nothing in clause (i) may be construed to

2 limit the authority of a public housing agency, owner,

3 or manager, when notified, to honor court orders ad4 dressing rights of access to or control of the property,

5 including civil protection orders issued to protect the

6 victim and issued to address the distribution or pos7 session of property among the household members in

8 cases where a family breaks up.

9 ‘‘(iv) Nothing in clause (i) limits any otherwise

10 available authority of an owner or manager to evict

11 or the public housing agency to terminate assistance

12 to a tenant for any violation of a lease not premised

13 on the act or acts of violence in question against the

14 tenant or a member of the tenant’s household, pro15 vided that the owner or manager does not subject an

16 individual who is or has been a victim of domestic vi17 olence, dating violence, or stalking to a more demand18 ing standard than other tenants in determining

19 whether to evict or terminate.

20 ‘‘(v) Nothing in clause (i) may be construed to

21 limit the authority of an owner, manager, or public

22 housing agency to evict or terminate from assistance

23 any tenant or lawful occupant if the owner, manager

24 or public housing agency can demonstrate an actual

25 and imminent threat to other tenants or those em-
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1 ployed at or providing service to the property if that

2 tenant is not evicted or terminated from assistance.

3 ‘‘(vi) Nothing in this section shall be construed

4 to supersede any provision of any Federal, State, or

5 local law that provides greater protection than this

6 section for victims of domestic violence, dating vio7 lence, or stalking.’’;

8 (2) in subsection (d)—

9 (A) in paragraph (1)(A), by inserting after

10 ‘‘public housing agency’’ the following: ‘‘and that

11 an applicant or participant is or has been a vic12 tim of domestic violence, dating violence, or

13 stalking is not an appropriate basis for denial of

14 program assistance or for denial of admission if

15 the applicant otherwise qualifies for assistance or

16 admission’’;

17 (B) in paragraph (1)(B)(ii), by inserting

18 after ‘‘other good cause’’ the following: ‘‘, and

19 that an incident or incidents of actual or threat20 ened domestic violence, dating violence, or stalk21 ing will not be construed as a serious or repeated

22 violation of the lease by the victim or threatened

23 victim of that violence and will not be good

24 cause for terminating the tenancy or occupancy

25 rights of the victim of such violence’’; and
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1 (C) in paragraph (1)(B)(iii), by inserting

2 after ‘‘termination of tenancy’’ the following: ‘‘,

3 except that (I) criminal activity directly relating

4 to domestic violence, dating violence, or stalking,

5 engaged in by a member of a tenant’s household

6 or any guest or other person under the tenant’s

7 control, shall not be cause for termination of the

8 tenancy or occupancy rights or program assist9 ance, if the tenant or immediate member of the

10 tenant’s family is a victim of that domestic vio11 lence, dating violence, or stalking; (II) notwith12 standing subclause (I), a public housing agency

13 may terminate assistance to any individual who

14 is a tenant or lawful occupant and who engages

15 in criminal acts of physical violence against

16 family members or others, or an owner or man17 ager under this section may bifurcate a lease, in

18 order to evict, remove, or terminate assistance to

19 any individual who is a tenant or lawful occu20 pant and who engages in criminal acts of phys21 ical violence against family members or others,

22 without evicting, removing, terminating assist23 ance to, or otherwise penalizing the victim of

24 such violence who is also a tenant or lawful oc25 cupant; (III) nothing in subclause (I) may be
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1 construed to limit the authority of a public hous2 ing agency, owner, or manager, when notified, to

3 honor court orders addressing rights of access to

4 or control of the property, including civil protec5 tion orders issued to protect the victim and

6 issued to address the distribution or possession of

7 property among the household members in cases

8 where a family breaks up; (IV) nothing in sub9 clause (I) limits any otherwise available author10 ity of an owner or manager to evict or the public

11 housing agency to terminate assistance to a ten12 ant for any violation of a lease not premised on

13 the act or acts of violence in question against the

14 tenant or a member of the tenant’s household,

15 provided that the owner, manager, or public

16 housing agency does not subject an individual

17 who is or has been a victim of domestic violence,

18 dating violence, or stalking to a more demanding

19 standard than other tenants in determining

20 whether to evict or terminate; (V) nothing in

21 subclause (I) may be construed to limit the au22 thority of an owner or manager to evict, or the

23 public housing agency to terminate assistance, to

24 any tenant if the owner, manager, or public

25 housing agency can demonstrate an actual and
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1 imminent threat to other tenants or those em2 ployed at or providing service to the property if

3 that tenant is not evicted or terminated from as4 sistance; and (VI) nothing in this section shall be

5 construed to supersede any provision of any Fed6 eral, State, or local law that provides greater

7 protection than this section for victims of domes8 tic violence, dating violence, or stalking.’’;

9 (3) in subsection (f)—

10 (A) in paragraph (6), by striking ‘‘and’’;

11 (B) in paragraph (7), by striking the period

12 at the end and inserting a semicolon; and

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

14 paragraphs:

15 ‘‘(8) the term ‘domestic violence’ has the same

16 meaning given the term in section 40002 of the Vio17 lence Against Women Act of 1994;

18 ‘‘(9) the term ‘dating violence’ has the same

19 meaning given the term in section 40002 of the Vio20 lence Against Women Act of 1994; and

21 ‘‘(10) the term ‘stalking’ means—

22 ‘‘(A)(i) to follow, pursue, or repeatedly com23 mit acts with the intent to kill, injure, harass,

24 or intimidate another person; and
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1 ‘‘(ii) to place under surveillance with the

2 intent to kill, injure, harass, or intimidate an3 other person; and

4 ‘‘(B) in the course of, or as a result of, such

5 following, pursuit, surveillance, or repeatedly

6 committed acts, to place a person in reasonable

7 fear of the death of, or serious bodily injury to,

8 or to cause substantial emotional harm to—

9 ‘‘(i) that person;

10 ‘‘(ii) a member of the immediate fam11 ily of that person; or

12 ‘‘(iii) the spouse or intimate partner of

13 that person; and

14 ‘‘(11) the term ‘immediate family member’

15 means, with respect to a person—

16 ‘‘(A) a spouse, parent, brother or sister, or

17 child of that person, or an individual to whom

18 that person stands in loco parentis; or

19 ‘‘(B) any other person living in the house20 hold of that person and related to that person by

21 blood and marriage.’’;

22 (4) in subsection (o)—

23 (A) by inserting at the end of paragraph

24 (6)(B) the following new sentence: ‘‘That an ap25 plicant or participant is or has been a victim of
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1 domestic violence, dating violence, or stalking is

2 not an appropriate basis for denial of program

3 assistance by or for denial of admission if the

4 applicant otherwise qualifies for assistance for

5 admission, and that nothing in this section shall

6 be construed to supersede any provision of any

7 Federal, State, or local law that provides greater

8 protection than this section for victims of domes9 tic violence, dating violence, or stalking.’’;

10 (B) in paragraph (7)(C), by inserting after

11 ‘‘other good cause’’ the following: ‘‘, and that an

12 incident or incidents of actual or threatened do13 mestic violence, dating violence, or stalking shall

14 not be construed as a serious or repeated viola15 tion of the lease by the victim or threatened vic16 tim of that violence and shall not be good cause

17 for terminating the tenancy or occupancy rights

18 of the victim of such violence’’;

19 (C) in paragraph (7)(D), by inserting after

20 ‘‘termination of tenancy’’ the following: ‘‘; except

21 that (i) criminal activity directly relating to do22 mestic violence, dating violence, or stalking, en23 gaged in by a member of a tenant’s household or

24 any guest or other person under the tenant’s con25 trol shall not be cause for termination of the ten-
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1 ancy or occupancy rights, if the tenant or imme2 diate member of the tenant’s family is a victim

3 of that domestic violence, dating violence, or

4 stalking; (ii) notwithstanding clause (i), a public

5 housing agency may terminate assistance to any

6 individual who is a tenant or lawful occupant

7 and who engages in criminal acts of physical vi8 olence against family members or others, or an

9 owner or manager may bifurcate a lease under

10 this section, in order to evict, remove, or termi11 nate assistance to any individual who is a ten12 ant or lawful occupant and who engages in

13 criminal acts of physical violence against family

14 members or others, without evicting, removing,

15 terminating assistance to, or otherwise penal16 izing the victim of such violence who is also a

17 tenant or lawful occupant; (iii) nothing in

18 clause (i) may be construed to limit the author19 ity of a public housing agency, owner, or man20 ager, when notified, to honor court orders ad21 dressing rights of access to control of the prop22 erty, including civil protection orders issued to

23 protect the victim and issued to address the dis24 tribution or possession of property among the

25 household members in cases where a family
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1 breaks up; (iv) nothing in clause (i) limits any

2 otherwise available authority of an owner or

3 manager to evict or the public housing agency to

4 terminate assistance to a tenant for any viola5 tion of a lease not premised on the act or acts

6 of violence in question against the tenant or a

7 member of the tenant’s household, provided that

8 the owner, manager, or public housing agency

9 does not subject an individual who is or has been

10 a victim of domestic violence, dating violence, or

11 stalking to a more demanding standard than

12 other tenants in determining whether to evict or

13 terminate; (v) nothing in clause (i) may be con14 strued to limit the authority of an owner or

15 manager to evict, or the public housing agency

16 to terminate, assistance to any tenant if the

17 owner, manager, or public housing agency can

18 demonstrate an actual and imminent threat to

19 other tenants or those employed at or providing

20 service to the property if that tenant is not evict21 ed or terminated from assistance; and (vi) noth22 ing in this section shall be construed to supersede

23 any provision of any Federal, State, or local law

24 that provides greater protection than this section
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1 for victims of domestic violence, dating violence,

2 or stalking.’’; and

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

4 paragraph:

5 ‘‘(20) PROHIBITED BASIS FOR TERMINATION OF AS6 SISTANCE.—

7 ‘‘(A) IN GENERAL.—A public housing agency

8 may not terminate assistance to a participant in the

9 voucher program on the basis of an incident or inci10 dents of actual or threatened domestic violence, dating

11 violence, or stalking against that participant.

12 ‘‘(B) CONSTRUAL OF LEASE PROVISIONS.—

13 Criminal activity directly relating to domestic vio14 lence, dating violence, or stalking shall not be consid15 ered a serious or repeated violation of the lease by the

16 victim or threatened victim of that criminal activity

17 justifying termination of assistance to the victim or

18 threatened victim.

19 ‘‘(C) TERMINATION ON THE BASIS OF CRIMINAL

20 ACTIVITY.—Criminal activity directly relating to do21 mestic violence, dating violence, or stalking shall not

22 be considered cause for termination of assistance for

23 any participant or immediate member of a partici24 pant’s family who is a victim of the domestic vio25 lence, dating violence, or stalking.
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1 ‘‘(D) EXCEPTIONS.—

2 ‘‘(i) PUBLIC HOUSING AUTHORITY RIGHT TO

3 TERMINATE FOR CRIMINAL ACTS.—Nothing in

4 subparagraphs (A), (B), or (C) may be construed

5 to limit the authority of the public housing agen6 cy to terminate voucher assistance to individuals

7 who engage in criminal acts of physical violence

8 against family members or others.

9 ‘‘(ii) COMPLIANCE WITH COURT ORDERS.—

10 Nothing in subparagraphs (A), (B), or (C) may

11 be construed to limit the authority of a public

12 housing agency, when notified, to honor court or13 ders addressing rights of access to or control of

14 the property, including civil protection orders

15 issued to protect the victim and issued to address

16 the distribution possession of property among the

17 household members in cases where a family

18 breaks up.

19 ‘‘(iii) PUBLIC HOUSING AUTHORITY RIGHT

20 TO TERMINATE VOUCHER ASSISTANCE FOR

21 LEASE VIOLATIONS.—Nothing in subparagraphs

22 (A), (B), or (C) limit any otherwise available

23 authority of the public housing agency to termi24 nate voucher assistance to a tenant for any vio25 lation of a lease not premised on the act or acts
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1 of violence in question against the tenant or a

2 member of the tenant’s household, provided that

3 the public housing agency does not subject an in4 dividual who is or has been a victim of domestic

5 violence, dating violence, or stalking to a more

6 demanding standard than other tenants in deter7 mining whether to terminate.

8 ‘‘(iv) PUBLIC HOUSING AUTHORITY RIGHT

9 TO TERMINATE VOUCHER ASSISTANCE FOR IMMI10 NENT THREAT.—Nothing in subparagraphs (A),

11 (B), (C) may be construed to limit the authority

12 of the public housing agency to terminate vouch13 er assistance to a tenant if the public housing

14 agency can demonstrate an actual and imminent

15 threat to other tenants or those employed at or

16 providing service to the property or public hous17 ing agency if that tenant is not evicted or termi18 nated from assistance.

19 ‘‘(v) PREEMPTION.—Nothing in this section

20 shall be construed to supersede any provision of

21 any Federal, State, or local law that provides

22 greater protection than this section for victims of

23 domestic violence, dating violence, or stalking.’’;

24 (5) in subsection (r)(5), by inserting after ‘‘vio25 lation of a lease’’ the following: ‘‘, except that a fam-
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1 ily may receive a voucher from a public housing

2 agency and move to another jurisdiction under the

3 tenant-based assistance program if the family has

4 complied with all other obligations of the section 8

5 program and has moved out of the assisted dwelling

6 unit in order to protect the health or safety of an in7 dividual who is or has been the victim of domestic vi8 olence, dating violence, or stalking and who reason9 ably believed he or she was imminently threatened by

10 harm from further violence if he or she remained in

11 the assisted dwelling unit’’; and

12 (6) by adding at the end the following new sub13 section:

14 ‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.—

15 ‘‘(1) CERTIFICATION.—

16 ‘‘(A) IN GENERAL.—An owner, manager, or

17 public housing agency responding to subsections

18 (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C),

19 (o)(7)(D), (o)(20), and (r)(5) may request that

20 an individual certify via a HUD approved cer21 tification form that the individual is a victim of

22 domestic violence, dating violence, or stalking,

23 and that the incident or incidents in question

24 are bona fide incidents of such actual or threat25 ened abuse and meet the requirements set forth
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1 in the aforementioned paragraphs. Such certifi2 cation shall include the name of the perpetrator.

3 The individual shall provide such certification

4 within 14 business days after the owner, man5 ager, or public housing agency requests such cer6 tification.

7 ‘‘(B) FAILURE TO PROVIDE CERTIFI8 CATION.—If the individual does not provide the

9 certification within 14 business days after the

10 owner, manager, public housing agency, or as11 sisted housing provider has requested such cer12 tification in writing, nothing in this subsection

13 or in subsection (c)(9), (d)(1)(B)(ii),

14 (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), or

15 (r)(5) may be construed to limit the authority of

16 an owner or manager to evict, or the public

17 housing agency or assisted housing provider to

18 terminate voucher assistance for, any tenant or

19 lawful occupant that commits violations of a

20 lease. The owner, manager, public housing agen21 cy, or assisted housing provider may extend the

22 14-day deadline at their discretion.

23 ‘‘(C) CONTENTS.—An individual may sat24 isfy the certification requirement of subpara25 graph (A) by—
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1 ‘‘(i) providing the requesting owner,

2 manager, or public housing agency with

3 documentation signed by an employee,

4 agent, or volunteer of a victim service pro5 vider, an attorney, or a medical profes6 sional, from whom the victim has sought as7 sistance in addressing domestic violence,

8 dating violence, sexual assault, or stalking,

9 or the effects of the abuse, in which the pro10 fessional attests under penalty of perjury

11 (28 U.S.C. 1746) to the professional’s belief

12 that the incident or incidents in question

13 are bona fide incidents of abuse, and the

14 victim of domestic violence, dating violence,

15 or stalking has signed or attested to the doc16 umentation; or

17 ‘‘(ii) producing a Federal, State, trib18 al, territorial, or local police or court

19 record.

20 ‘‘(D) LIMITATION.—Nothing in this sub21 section shall be construed to require an owner,

22 manager, or public housing agency to demand

23 that an individual produce official documenta24 tion or physical proof of the individual’s status

25 as a victim of domestic violence, dating violence,
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1 sexual assault, or stalking in order to receive

2 any of the benefits provided in this section. At

3 their discretion, the owner, manager, or public

4 housing agency may provide benefits to an indi5 vidual based solely on the individual’s statement

6 or other corroborating evidence.

7 ‘‘(E) COMPLIANCE NOT SUFFICIENT TO CON8 STITUTE EVIDENCE OF UNREASONABLE ACT.—

9 Compliance with this statute by an owner, man10 ager, public housing agency, or assisted housing

11 provider based on the certification specified in

12 paragraph (1)(A) and (B) of this subsection or

13 based solely on the victim’s statement or other

14 corroborating evidence, as permitted by para15 graph (1)(C) of this subsection, shall not alone be

16 sufficient to constitute evidence of an unreason17 able act or omission by an owner, manger, pub18 lic housing agency, or assisted housing provider,

19 or employee thereof. Nothing in this subpara20 graph shall be construed to limit liability for

21 failure to comply with the requirements of sub22 sections (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii),

23 (o)(7)(C), (o)(7)(D), (o)(20), or (r)(5).

24 ‘‘(F) PREEMPTION.—Nothing in this section

25 shall be construed to supersede any provision of
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1 any Federal, State, or local law that provides

2 greater protection than this section for victims of

3 domestic violence, dating violence, or stalking.

4 ‘‘(2) CONFIDENTIALITY.—

5 ‘‘(A) IN GENERAL.—All information pro6 vided to an owner, manager, or public housing

7 agency pursuant to paragraph (1), including the

8 fact that an individual is a victim of domestic

9 violence, dating violence, or stalking, shall be re10 tained in confidence by an owner, manager, or

11 public housing agency, and shall neither be en12 tered into any shared database nor provided to

13 any related entity, except to the extent that dis14 closure is—

15 ‘‘(i) requested or consented to by the

16 individual in writing;

17 ‘‘(ii) required for use in an eviction

18 proceeding under subsections (c)(9),

19 (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C),

20 (o)(7)(D), or (o)(20),; or

21 ‘‘(iii) otherwise required by applicable

22 law.

23 ‘‘(B) NOTIFICATION.—Public housing agen24 cies must provide notice to tenants assisted

25 under Section 8 of the United States Housing
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1 Act of 1937 of their rights under this subsection

2 and subsections (c)(9), (d)(1)(B(ii),

3 (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and

4 (r)(5), including their right to confidentiality

5 and the limits thereof, and to owners and man6 agers of their rights and obligations under this

7 subsection and subsections (c)(9), (d)(1)(B(ii),

8 (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and

9 (r)(5).’’.

10 SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PRO11 GRAM.

12 Section 6 of the United States Housing Act of 1937

13 (42 U.S.C. 1437d) is amended—

14 (1) in subsection (c), by redesignating paragraph

15 (3) and (4), as paragraphs (4) and (5), respectively;

16 (2) by inserting after paragraph (2) the fol17 lowing:

18 ‘‘(3) the public housing agency shall not deny

19 admission to the project to any applicant on the basis

20 that the applicant is or has been a victim of domestic

21 violence, dating violence, or stalking if the applicant

22 otherwise qualifies for assistance or admission, and

23 that nothing in this section shall be construed to su24 persede any provision of any Federal, State, or local

25 law that provides greater protection than this section
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1 for victims of domestic violence, dating violence, or

2 stalking’’;

3 (3) in subsection (l)(5), by inserting after ‘‘other

4 good cause’’ the following: ‘‘, and that an incident or

5 incidents of actual or threatened domestic violence,

6 dating violence, or stalking will not be construed as

7 a serious or repeated violation of the lease by the vic8 tim or threatened victim of that violence and will not

9 be good cause for terminating the tenancy or occu10 pancy rights of the victim of such violence’’;

11 (4) in subsection (l)(6), by inserting after ‘‘ter12 mination of tenancy’’ the following: ‘‘; except that (A)

13 criminal activity directly relating to domestic vio14 lence, dating violence, or stalking, engaged in by a

15 member of a tenant’s household or any guest or other

16 person under the tenant’s control, shall not be cause

17 for termination of the tenancy or occupancy rights, if

18 the tenant or immediate member of the tenant’s fam19 ily is a victim of that domestic violence, dating vio20 lence, or stalking; (B) notwithstanding subparagraph

21 (A), a public housing agency under this section may

22 bifurcate a lease under this section, in order to evict,

23 remove, or terminate assistance to any individual

24 who is a tenant or lawful occupant and who engages

25 in criminal acts of physical violence against family
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1 members or others, without evicting, removing, termi2 nating assistance to, or otherwise penalizing the vic3 tim of such violence who is also a tenant or lawful

4 occupant; (C) nothing in subparagraph (A) may be

5 construed to limit the authority of a public housing

6 agency, when notified, to honor court orders address7 ing rights of access to or control of the property, in8 cluding civil protection orders issued to protect the

9 victim and issued to address the distribution or pos10 session of property among the household members in

11 cases where a family breaks up; (D) nothing in sub12 paragraph (A) limits any otherwise available author13 ity of a public housing agency to evict a tenant for

14 any violation of a lease not premised on the act or

15 acts of violence in question against the tenant or a

16 member of the tenant’s household, provided that the

17 public housing agency does not subject an individual

18 who is or has been a victim of domestic violence, dat19 ing violence, or stalking to a more demanding stand20 ard than other tenants in determining whether to

21 evict or terminate; (E) nothing in subparagraph (A)

22 may be construed to limit the authority of a public

23 housing agency to terminate the tenancy of any ten24 ant if the public housing agency can demonstrate an

25 actual and imminent threat to other tenants or those
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1 employed at or providing service to the property if

2 that tenant’s tenancy is not terminated; and (F)

3 nothing in this section shall be construed to supersede

4 any provision of any Federal, State, or local law that

5 provides greater protection than this section for vic6 tims of domestic violence, dating violence, or stalk7 ing.’’; and

8 (5) by inserting at the end of subsection (t) the

9 following new subsection:

10 ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.—

11 ‘‘(1) CERTIFICATION.—

12 ‘‘(A) IN GENERAL.—A public housing agen13 cy responding to subsection (l) (5) and (6) may

14 request that an individual certify via a HUD

15 approved certification form that the individual

16 is a victim of domestic violence, dating violence,

17 or stalking, and that the incident or incidents in

18 question are bona fide incidents of such actual or

19 threatened abuse and meet the requirements set

20 forth in the aforementioned paragraphs. Such

21 certification shall include the name of the perpe22 trator. The individual shall provide such certifi23 cation within 14 business days after the public

24 housing agency requests such certification.
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1 ‘‘(B) FAILURE TO PROVIDE CERTIFI2 CATION.—If the individual does not provide the

3 certification within 14 business days after the

4 public housing agency has requested such certifi5 cation in writing, nothing in this subsection, or

6 in paragraph (5) or (6) of subsection (l), may be

7 construed to limit the authority of the public

8 housing agency to evict any tenant or lawful oc9 cupant that commits violations of a lease. The

10 public housing agency may extend the 14-day

11 deadline at its discretion.

12 ‘‘(C) CONTENTS.—An individual may sat13 isfy the certification requirement of subpara14 graph (A) by—

15 ‘‘(i) providing the requesting public

16 housing agency with documentation signed

17 by an employee, agent, or volunteer of a vic18 tim service provider, an attorney, or a med19 ical professional, from whom the victim has

20 sought assistance in addressing domestic vi21 olence, dating violence, or stalking, or the

22 effects of the abuse, in which the profes23 sional attests under penalty of perjury (28

24 U.S.C. 1746) to the professional’s belief that

25 the incident or incidents in question are
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1 bona fide incidents of abuse, and the victim

2 of domestic violence, dating violence, or

3 stalking has signed or attested to the docu4 mentation; or

5 ‘‘(ii) producing a Federal, State, trib6 al, territorial, or local police or court

7 record.

8 ‘‘(D) LIMITATION.—Nothing in this sub9 section shall be construed to require any public

10 housing agency to demand that an individual

11 produce official documentation or physical proof

12 of the individual’s status as a victim of domestic

13 violence, dating violence, or stalking in order to

14 receive any of the benefits provided in this sec15 tion. At the public housing agency’s discretion, a

16 public housing agency may provide benefits to

17 an individual based solely on the individual’s

18 statement or other corroborating evidence.

19 ‘‘(E) PREEMPTION.—Nothing in this section

20 shall be construed to supersede any provision of

21 any Federal, State, or local law that provides

22 greater protection than this section for victims of

23 domestic violence, dating violence, or stalking.

24 ‘‘(F) COMPLIANCE NOT SUFFICIENT TO CON25 STITUTE EVIDENCE OF UNREASONABLE ACT.—
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1 Compliance with this statute by a public housing

2 agency, or assisted housing provider based on the

3 certification specified in subparagraphs (A) and

4 (B) of this subsection or based solely on the vic5 tim’s statement or other corroborating evidence,

6 as permitted by subparagraph (D) of this sub7 section, shall not alone be sufficient to constitute

8 evidence of an unreasonable act or omission by

9 a public housing agency or employee thereof.

10 Nothing in this subparagraph shall be construed

11 to limit liability for failure to comply with the

12 requirements of subsection (l)(5) and (6).

13 ‘‘(2) CONFIDENTIALITY.—

14 ‘‘(A) IN GENERAL.—All information pro15 vided to any public housing agency pursuant to

16 paragraph (1), including the fact that an indi17 vidual is a victim of domestic violence, dating

18 violence, or stalking, shall be retained in con19 fidence by such public housing agency, and shall

20 neither be entered into any shared database nor

21 provided to any related entity, except to the ex22 tent that disclosure is—

23 ‘‘(i) requested or consented to by the

24 individual in writing;
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1 ‘‘(ii) required for use in an eviction

2 proceeding under subsections (l)(5) or (6);

3 or

4 ‘‘(iii) otherwise required by applicable

5 law.

6 ‘‘(B) NOTIFICATION.—Public housing agen7 cies must provide notice to tenants assisted

8 under Section 6 of the United States Housing

9 Act of 1937 of their rights under this subsection

10 and subsections (l)(5) and (6), including their

11 right to confidentiality and the limits thereof.

12 ‘‘(3) DEFINITIONS.—For purposes of this sub13 section, subsection (c)(3), and subsection (l)(5) and

14 (6)—

15 ‘‘(A) the term ‘domestic violence’ has the

16 same meaning given the term in section 40002

17 of the Violence Against Women Act of 1994;

18 ‘‘(B) the term ‘dating violence’ has the same

19 meaning given the term in

20 ‘‘(C) the term ‘stalking’ means—

21 ‘‘(i)(I) to follow, pursue, or repeatedly

22 commit acts with the intent to kill, injure,

23 harass, or intimidate; or
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1 ‘‘(II) to place under surveillance with

2 the intent to kill, injure, harass, or intimi3 date another person; and

4 ‘‘(ii) in the course of, or as a result of,

5 such following, pursuit, surveillance, or re6 peatedly committed acts, to place a person

7 in reasonable fear of the death of, or serious

8 bodily injury to, or to cause substantial

9 emotional harm to—

10 ‘‘(I) that person;

11 ‘‘(II) a member of the immediate

12 family of that person; or

13 ‘‘(III) the spouse or intimate

14 partner of that person; and

15 ‘‘(D) the term ‘immediate family member’

16 means, with respect to a person—

17 ‘‘(i) a spouse, parent, brother or sister,

18 or child of that person, or an individual to

19 whom that person stands in loco parentis;

20 or

21 ‘‘(ii) any other person living in the

22 household of that person and related to that

23 person by blood and marriage.’’.
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1 TITLE VII—PROVIDING ECO2 NOMIC SECURITY FOR VIC3 TIMS OF VIOLENCE

4 SEC. 701. GRANT FOR NATIONAL RESOURCE CENTER ON

5 WORKPLACE RESPONSES TO ASSIST VICTIMS

6 OF DOMESTIC AND SEXUAL VIOLENCE.

7 Subtitle N of the Violence Against Women Act of 1994

8 (Public Law 103–322; 108 Stat. 1902) is amended by add9 ing at the end the following:

10 ‘‘Subtitle O—National Resource

11 Center

12 ‘‘SEC. 41501. GRANT FOR NATIONAL RESOURCE CENTER ON

13 WORKPLACE RESPONSES TO ASSIST VICTIMS

14 OF DOMESTIC AND SEXUAL VIOLENCE.

15 ‘‘(a) AUTHORITY.—The Attorney General, acting

16 through the Director of the Office on Violence Against

17 Women, may award a grant to an eligible nonprofit non18 governmental entity or tribal organization, in order to pro19 vide for the establishment and operation of a national re20 source center on workplace responses to assist victims of do21 mestic and sexual violence. The resource center shall provide

22 information and assistance to employers and labor organi23 zations to aid in their efforts to develop and implement re24 sponses to such violence.
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1 ‘‘(b) APPLICATIONS.—To be eligible to receive a grant

2 under this section, an entity or organization shall submit

3 an application to the Attorney General at such time, in

4 such manner, and containing such information as the At5 torney General may require, including—

6 ‘‘(1) information that demonstrates that the enti7 ty or organization has nationally recognized expertise

8 in the area of domestic or sexual violence;

9 ‘‘(2) a plan to maximize, to the extent prac10 ticable, outreach to employers (including private com11 panies and public entities such as public institutions

12 of higher education and State and local governments)

13 and labor organizations described in subsection (a)

14 concerning developing and implementing workplace

15 responses to assist victims of domestic or sexual vio16 lence; and

17 ‘‘(3) a plan for developing materials and train18 ing for materials for employers that address the needs

19 of employees in cases of domestic violence, dating vio20 lence, sexual assault, and stalking impacting the

21 workplace, including the needs of underserved commu22 nities.

23 ‘‘(c) USE OF GRANT AMOUNT.—

24 ‘‘(1) IN GENERAL.—An entity or organization

25 that receives a grant under this section may use the
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1 funds made available through the grant for staff sala2 ries, travel expenses, equipment, printing, and other

3 reasonable expenses necessary to develop, maintain,

4 and disseminate to employers and labor organizations

5 described in subsection (a), information and assist6 ance concerning workplace responses to assist victims

7 of domestic or sexual violence.

8 ‘‘(2) RESPONSES.—Responses referred to in

9 paragraph (1) may include—

10 ‘‘(A) providing training to promote a better

11 understanding of workplace assistance to victims

12 of domestic or sexual violence;

13 ‘‘(B) providing conferences and other edu14 cational opportunities; and

15 ‘‘(C) developing protocols and model work16 place policies.

17 ‘‘(d) LIABILITY.—The compliance or noncompliance of

18 any employer or labor organization with any protocol or

19 policy developed by an entity or organization under this

20 section shall not serve as a basis for liability in tort, express

21 or implied contract, or by any other means. No protocol

22 or policy developed by an entity or organization under this

23 section shall be referenced or enforced as a workplace safety

24 standard by any Federal, State, or other governmental

25 agency.
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $1,000,000 for each of fiscal years 2007 through 2011.

4 ‘‘(f) AVAILABILITY OF GRANT FUNDS.—Funds appro5 priated under this section shall remain available until ex6 pended.’’.

7 TITLE VIII—PROTECTION OF

8 BATTERED AND TRAFFICKED

9 IMMIGRANTS

10 Subtitle A—Victims of Crime

11 SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VIC12 TIMS.

13 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC14 TIMS OF TRAFFICKING.—Section 101(a)(15)(T) of the Im15 migration and Nationality Act (8 U.S.C. 1101(a)(15)(T))

16 is amended—

17 (1) in clause (i)—

18 (A) in the matter preceding subclause (I),

19 by striking ‘‘Attorney General’’ and inserting

20 ‘‘Secretary of Homeland Security, or in the case

21 of subclause (III)(aa) the Secretary of Homeland

22 Security and the Attorney General jointly;’’;

23 (B) in subclause (III)(aa)—

24 (i) by inserting ‘‘Federal, State, or

25 local’’ before ‘‘investigation’’; and
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1 (ii) by striking ‘‘, or’’ and inserting

2 ‘‘or the investigation of crime where acts of

3 trafficking are at least one central reason

4 for the commission of that crime; or’’; and

5 (C) in subclause (IV), by striking ‘‘and’’ at

6 the end;

7 (2) by amending clause (ii) to read as follows:

8 ‘‘(ii) if accompanying, or following to join, the

9 alien described in clause (i)—

10 ‘‘(I) in the case of an alien described in

11 clause (i) who is under 21 years of age, the

12 spouse, children, unmarried siblings under 18

13 years of age on the date on which such alien ap14 plied for status under such clause, and parents

15 of such alien; or

16 ‘‘(II) in the case of an alien described in

17 clause (i) who is 21 years of age or older, the

18 spouse and children of such alien; and’’; and

19 (3) by inserting after clause (ii) the following:

20 ‘‘(iii) if the Secretary of Homeland Security, in

21 his or her discretion and with the consultation of the

22 Attorney General, determines that a trafficking vic23 tim, due to psychological or physical trauma, is un24 able to cooperate with a request for assistance de-
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1 scribed in clause (i)(III)(aa), the request is unreason2 able.’’.

3 (b) TREATMENT OF SPOUSES AND CHILDREN OF VIC4 TIMS OF ABUSE.—Section 101(a)(15)(U) of the Immigra5 tion and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is

6 amended—

7 (1) in clause (i), by striking ‘‘Attorney General’’

8 and inserting ‘‘Secretary of Homeland Security’’; and

9 (2) by amending clause (ii) to read as follows:

10 ‘‘(ii) if accompanying, or following to join, the

11 alien described in clause (i)—

12 ‘‘(I) in the case of an alien described in

13 clause (i) who is under 21 years of age, the

14 spouse, children, unmarried siblings under 18

15 years of age on the date on which such alien ap16 plied for status under such clause, and parents

17 of such alien; or

18 ‘‘(II) in the case of an alien described in

19 clause (i) who is 21 years of age or older, the

20 spouse and children of such alien; and’’.

21 (c) TECHNICAL AMENDMENTS.—Section 101(i) of the

22 Immigration and Nationality Act (8 U.S.C. 1101(i)) is

23 amended—
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1 (1) in paragraph (1), by striking ‘‘Attorney Gen2 eral’’ and inserting ‘‘Secretary of Homeland Security,

3 the Attorney General,’’; and

4 (2) in paragraph (2), by striking ‘‘Attorney Gen5 eral’’ and inserting ‘‘Secretary of Homeland Secu6 rity’’.

7 SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF

8 TRAFFICKING IN PERSONS.

9 (a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the Im10 migration and Nationality Act (8 U.S.C.

11 1182(a)(9)(B)(iii)) is amended by adding at the end the

12 following:

13 ‘‘(V) VICTIMS OF A SEVERE FORM OF TRAF14 FICKING IN PERSONS.—Clause (i) shall not

15 apply to an alien who demonstrates that the se16 vere form of trafficking (as that term is defined

17 in section 103 of the Trafficking Victims Protec18 tion Act of 2000 (22 U.S.C. 7102)) was at least

19 one central reason for the alien’s unlawful pres20 ence in the United States.’’.

21 (b) TECHNICAL AMENDMENT.—Paragraphs (13) and

22 (14) of section 212(d) of the Immigration and Nationality

23 Act (8 U.S.C. 1182(d)) are amended by striking ‘‘Attorney

24 General’’ each place it appears and inserting ‘‘Secretary

25 of Homeland Security’’.
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1 SEC. 803. ADJUSTMENT OF STATUS.

2 (a) VICTIMS OF TRAFFICKING.—Section 245(l) of the

3 Immigration and Nationality Act (8 U.S.C. 1255(l)) is

4 amended—

5 (1) in paragraph (1)—

6 (A) by striking ‘‘Attorney General’’ each

7 place it appears and inserting ‘‘Secretary of

8 Homeland Security, or in the case of subpara9 graph (C)(i), the Attorney General,’’; and

10 (B) in subparagraph (A), by inserting at

11 the end ‘‘or has been physically present in the

12 United States for a continuous period during the

13 investigation or prosecution of acts of trafficking

14 and that, in the opinion of the Attorney General,

15 the investigation or prosecution is complete,

16 whichever period of time is less;’’;

17 (2) in paragraph (2), by striking ‘‘Attorney Gen18 eral’’ each place it appears and inserting ‘‘Secretary

19 of Homeland Security’’; and

20 (3) in paragraph (5), by striking ‘‘Attorney Gen21 eral’’ and inserting ‘‘Secretary of Homeland Secu22 rity’’.

23 (b) VICTIMS OF CRIMES AGAINST WOMEN.—Section

24 245(m) of the Immigration and Nationality Act (8 U.S.C.

25 12255(m)) is amended—

26 (1) in paragraph (1)—
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1 (A) by striking ‘‘Attorney General may ad2 just’’ and inserting ‘‘Secretary of Homeland Se3 curity may adjust’’; and

4 (B) in subparagraph (B), by striking ‘‘At5 torney General’’ and inserting ‘‘Secretary of

6 Homeland Security’’;

7 (2) in paragraph (3)—

8 (A) by striking ‘‘Attorney General may ad9 just’’ and inserting ‘‘Secretary of Homeland Se10 curity may adjust’’; and

11 (B) by striking ‘‘Attorney General con12 siders’’ and inserting ‘‘Secretary considers’’; and

13 (3) in paragraph (4), by striking ‘‘Attorney Gen14 eral’’ and inserting ‘‘Secretary of Homeland Secu15 rity’’.

16 SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF

17 TRAFFICKING.

18 (a) CLARIFICATION OF DEPARTMENT OF JUSTICE AND

19 DEPARTMENT OF HOMELAND SECURITY ROLES.—Section

20 107 of the Trafficking Victims Protection Act of 2000 (22

21 U.S.C. 7105) is amended—

22 (1) in subsections (b)(1)(E), (e)(5), and (g), by

23 striking ‘‘Attorney General’’ each place it appears

24 and inserting ‘‘Secretary of Homeland Security’’; and
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1 (2) in subsection (c), by inserting ‘‘, the Sec2 retary of Homeland Security’’ after ‘‘Attorney Gen3 eral’’.

4 (b) CERTIFICATION PROCESS.—Section 107(b)(1)(E)

5 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.

6 7105(b)(1)(E)) is amended—

7 (1) in clause (i)—

8 (A) in the matter preceding subclause (I),

9 by inserting ‘‘and the Secretary of Homeland Se10 curity’’ after ‘‘Attorney General’’; and

11 (B) in subclause (II)(bb), by inserting ‘‘and

12 the Secretary of Homeland Security’’ after ‘‘At13 torney General’’.

14 (2) in clause (ii), by inserting ‘‘Secretary of

15 Homeland Security’’ after ‘‘Attorney General’’;

16 (3) in clause (iii)—

17 (A) in subclause (II), by striking ‘‘and’’ at

18 the end;

19 (B) in subclause (III), by striking the pe20 riod at the end and inserting ‘‘; or’’; and

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

22 ‘‘(IV) responding to and cooper23 ating with requests for evidence and

24 information.’’.
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1 (c) PROTECTION FROM REMOVAL FOR CERTAIN CRIME

2 VICTIMS.—Section 107(e) of the Trafficking Victims Protec3 tion Act of 2000 (22 U.S.C. 7105(e)) is amended by striking

4 ‘‘Attorney General’’ each place it occurs and inserting ‘‘Sec5 retary of Homeland Security’’.

6 (d) ANNUAL REPORT.—Section 107(g) of the Traf7 ficking Victims Protection Act of 2000 (22 U.S.C. 7105(g))

8 is amended by inserting ‘‘or the Secretary of Homeland Se9 curity’’ after ‘‘Attorney General’’.

10 SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.

11 (a) AGING OUT CHILDREN.—Section 204(a)(1)(D) of

12 the Immigration and Nationality Act (8 U.S.C.

13 1154(a)(1)(D)) is amended—

14 (1) in clause (i)—

15 (A) in subclause (I), by inserting ‘‘or sec16 tion 204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ each

17 place it appears; and

18 (B) in subclause (III), by striking ‘‘a peti19 tioner for preference status under paragraph (1),

20 (2), or (3) of section 203(a), whichever para21 graph is applicable,’’ and inserting ‘‘a VAWA

22 self-petitioner’’; and

23 (2) by adding at the end the following:

24 ‘‘(iv) Any alien who benefits from this subparagraph

25 may adjust status in accordance with subsections (a) and
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1 (c) of section 245 as an alien having an approved petition

2 for classification under subparagraph (A)(iii), (A)(iv),

3 (B)(ii), or (B)(iii).’’.

4 (b) APPLICATION OF CSPA PROTECTIONS.—

5 (1) IMMEDIATE RELATIVE RULES.—Section

6 201(f) of the Immigration and Nationality Act (8

7 U.S.C. 1151(f)) is amended by adding at the end the

8 following:

9 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para10 graphs (1) through (3) shall apply to self-petitioners

11 and derivatives of self-petitioners.’’.

12 (2) CHILDREN RULES.—Section 203(h) of the

13 Immigration and Nationality Act (8 U.S.C. 1153(h))

14 is amended by adding at the end the following:

15 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para16 graphs (1) through (3) shall apply to self-petitioners

17 and derivatives of self-petitioners.’’.

18 (c) LATE PETITION PERMITTED FOR IMMIGRANT SONS

19 AND DAUGHTERS BATTERED AS CHILDREN.—

20 (1) IN GENERAL.—Section 204(a)(1)(D) of the

21 Immigration and Nationality Act (8 U.S.C.

22 1154(a)(1)(D)), as amended by subsection (a), is fur23 ther amended by adding at the end the following:

24 ‘‘(v) For purposes of this paragraph, an individual

25 who is not less than 21 years of age, who qualified to file
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1 a petition under subparagraph (A)(iv) as of the day before

2 the date on which the individual attained 21 years of age,

3 and who did not file such a petition before such day, shall

4 be treated as having filed a petition under such subpara5 graph as of such day if a petition is filed for the status

6 described in such subparagraph before the individual at7 tains 25 years of age and the individual shows that the

8 abuse was at least one central reason for the filing delay.

9 Clauses (i) through (iv) of this subparagraph shall apply

10 to an individual described in this clause in the same man11 ner as an individual filing a petition under subparagraph

12 (A)(iv).’’.

13 (d) REMOVING A 2-YEAR CUSTODY AND RESIDENCY

14 REQUIREMENT FOR BATTERED ADOPTED CHILDREN.—Sec15 tion 101(b)(1)(E)(i) of the Immigration and Nationality

16 Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting be17 fore the colon the following: ‘‘or if the child has been battered

18 or subject to extreme cruelty by the adopting parent or by

19 a family member of the adopting parent residing in the

20 same household’’.

21 Subtitle B—VAWA Self-Petitioners

22 SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.

23 Section 101(a) of the Immigration and Nationality

24 Act (8 U.S.C. 1101(a)) is amended by adding at the end

25 the following:
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1 ‘‘(51) The term ‘VAWA self-petitioner’ means an

2 alien, or a child of the alien, who qualifies for relief

3 under—

4 ‘‘(A) clause (iii), (iv), or (vii) of section

5 204(a)(1)(A);

6 ‘‘(B) clause (ii) or (iii) of section

7 204(a)(1)(B);

8 ‘‘(C) section 216(c)(4)(C);

9 ‘‘(D) the first section of Public Law 89–732

10 (8 U.S.C. 1255 note) (commonly known as the

11 Cuban Adjustment Act) as a child or spouse who

12 has been battered or subjected to extreme cruelty;

13 ‘‘(E) section 902(d)(1)(B) of the Haitian

14 Refugee Immigration Fairness Act of 1998 (8

15 U.S.C. 1255 note);

16 ‘‘(F) section 202(d)(1) of the Nicaraguan

17 Adjustment and Central American Relief Act; or

18 ‘‘(G) section 309 of the Illegal Immigration

19 Reform and Immigrant Responsibility Act of

20 1996 (division C of Public Law 104–208).’’.

21 SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPAR22 TURE.

23 Section 240B(d) of the Immigration and Nationality

24 Act (8 U.S.C. 1229c(d)) is amended to read as follows:

25 ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—
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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), if

2 an alien is permitted to depart voluntarily under this

3 section and voluntarily fails to depart the United

4 States within the time period specified, the alien—

5 ‘‘(A) shall be subject to a civil penalty of

6 not less than $1,000 and not more than $5,000;

7 and

8 ‘‘(B) shall be ineligible, for a period of 10

9 years, to receive any further relief under this sec10 tion and sections 240A, 245, 248, and 249.

11 ‘‘(2) APPLICATION OF VAWA PROTECTIONS.—The

12 restrictions on relief under paragraph (1) shall not

13 apply to relief under section 240A or 245 on the basis

14 of a petition filed by a VAWA self-petitioner, or a pe15 tition filed under section 240A(b)(2), or under section

16 244(a)(3) (as in effect prior to March 31, 1997), if the

17 extreme cruelty or battery was at least one central

18 reason for the alien’s overstaying the grant of vol19 untary departure.

20 ‘‘(3) NOTICE OF PENALTIES.—The order permit21 ting an alien to depart voluntarily shall inform the

22 alien of the penalties under this subsection.’’.

23 SEC. 813. REMOVAL PROCEEDINGS.

24 (a) EXCEPTIONAL CIRCUMSTANCES.—
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1 (1) IN GENERAL.—Section 240(e)(1) of the Im2 migration and Nationality Act (8 U.S.C.

3 1229a(e)(1)) is amended by striking ‘‘serious illness of

4 the alien’’ and inserting ‘‘battery or extreme cruelty

5 to the alien or any child or parent of the alien, seri6 ous illness of the alien,’’.

7 (2) EFFECTIVE DATE.—The amendment made by

8 paragraph (1) shall apply to a failure to appear that

9 occurs before, on, or after the date of the enactment

10 of this Act.

11 (b) DISCRETION TO CONSENT TO AN ALIEN’S RE12 APPLICATION FOR ADMISSION.—

13 (1) IN GENERAL.—The Secretary of Homeland

14 Security, the Attorney General, and the Secretary of

15 State shall continue to have discretion to consent to

16 an alien’s reapplication for admission after a pre17 vious order of removal, deportation, or exclusion.

18 (2) SENSE OF CONGRESS.—It is the sense of

19 Congress that the officials described in paragraph (1)

20 should particularly consider exercising this authority

21 in cases under the Violence Against Women Act of

22 1994, cases involving nonimmigrants described in

23 subparagraph (T) or (U) of section 101(a)(15) of the

24 Immigration and Nationality Act (8 U.S.C.

25 1101(a)(15)), and relief under section 240A(b)(2) or
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1 244(a)(3) of such Act (as in effect on March 31, 1997)

2 pursuant to regulations under section 212.2 of title 8,

3 Code of Federal Regulations.

4 (c) CLARIFYING APPLICATION OF DOMESTIC VIOLENCE

5 WAIVER AUTHORITY IN CANCELLATION OF REMOVAL.—

6 (1) IN GENERAL.—Section 240A(b) of the Immi7 gration and Nationality Act (8 U.S.C. 1229b(b)) is

8 amended—

9 (A) in paragraph (1)(C), by striking ‘‘(ex10 cept in a case described in section 237(a)(7)

11 where the Attorney General exercises discretion

12 to grant a waiver)’’ and inserting ‘‘, subject to

13 paragraph (5)’’;

14 (B) in paragraph (2)(A)(iv), by striking

15 ‘‘(except in a case described in section 237(a)(7)

16 where the Attorney General exercises discretion

17 to grant a waiver)’’ and inserting ‘‘, subject to

18 paragraph (5)’’; and

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

20 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE WAIV21 ER AUTHORITY.—The authority provided under sec22 tion 237(a)(7) may apply under paragraphs (1)(B),

23 (1)(C), and (2)(A)(iv) in a cancellation of removal

24 and adjustment of status proceeding.’’.
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1 SEC. 814. ELIMINATING ABUSERS’ CONTROL OVER APPLICA2 TIONS AND LIMITATION ON PETITIONING

3 FOR ABUSERS.

4 (a) APPLICATION OF VAWA DEPORTATION PROTEC5 TIONS TO ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN

6 ADJUSTMENT AND HAITIAN REFUGEE IMMIGRATION FAIR7 NESS ACT.—Section 1506(c)(2) of the Violence Against

8 Women Act of 2000 (8 U.S.C. 1229a note; division B of

9 Public Law 106–386) is amended—

10 (1) in subparagraph (A)—

11 (A) by amending clause (i) to read as fol12 lows:

13 ‘‘(i) if the basis of the motion is to

14 apply for relief under—

15 ‘‘(I) clause (iii) or (iv) of section

16 204(a)(1)(A) of the Immigration and

17 Nationality Act (8 U.S.C.

18 1154(a)(1)(A));

19 ‘‘(II) clause (ii) or (iii) of section

20 204(a)(1)(B) of such Act (8 U.S.C.

21 1154(a)(1)(B));

22 ‘‘(III) section 244(a)(3) of such

23 Act (8 U.S.C. 8 U.S.C. 1254(a)(3));

24 ‘‘(IV) the first section of Public

25 Law 89–732 (8 U.S.C. 1255 note)

26 (commonly known as the Cuban Ad-
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1 justment Act) as a child or spouse who

2 has been battered or subjected to ex3 treme cruelty; or

4 ‘‘(V) section 902(d)(1)(B) of the

5 Haitian Refugee Immigration Fairness

6 Act of 1998 (8 U.S.C. 1255 note);

7 and’’; and

8 (B) in clause (ii), by inserting ‘‘or adjust9 ment of status’’ after ‘‘suspension of deporta10 tion’’; and

11 (2) in subparagraph (B)(ii), by striking ‘‘for re12 lief’’ and all that follows through ‘‘1101 note))’’ and

13 inserting ‘‘for relief described in subparagraph

14 (A)(i)’’.

15 (b) EMPLOYMENT AUTHORIZATION FOR VAWA SELF16 PETITIONERS.—Section 204(a)(1) of the Immigration and

17 Nationality Act (8 U.S.C. 1154(a)(1)) is amended by add18 ing at the end the following:

19 ‘‘(K) Upon the approval of a petition as a VAWA self20 petitioner, the alien—

21 ‘‘(i) is eligible for work authorization; and

22 ‘‘(ii) may be provided an ‘employment author23 ized’ endorsement or appropriate work permit inci24 dental to such approval.’’.
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1 (c) EMPLOYMENT AUTHORIZATION FOR BATTERED

2 SPOUSES OF CERTAIN NONIMMIGRANTS.—Title I of the Im3 migration and Nationality Act is amended by adding at

4 the end the following new section:

5 ‘‘SEC. 106. EMPLOYMENT AUTHORIZATION FOR BATTERED

6 SPOUSES OF CERTAIN NONIMMIGRANTS.

7 ‘‘(a) IN GENERAL.—In the case of an alien spouse ad8 mitted under subparagraph (A), (E)(iii), (G), or (H) of sec9 tion 101(a)(15) who is accompanying or following to join

10 a principal alien admitted under subparagraph (A),

11 (E)(iii), (G), or (H) of such section, respectively, the Sec12 retary of Homeland Security may authorize the alien

13 spouse to engage in employment in the United States and

14 provide the spouse with an ‘employment authorized’ en15 dorsement or other appropriate work permit if the alien

16 spouse demonstrates that during the marriage the alien

17 spouse or a child of the alien spouse has been battered or

18 has been the subject of extreme cruelty perpetrated by the

19 spouse of the alien spouse. Requests for relief under this sec20 tion shall be handled under the procedures that apply to

21 aliens seeking relief under section 204(a)(1)(A)(iii).

22 ‘‘(b) CONSTRUCTION.—The grant of employment au23 thorization pursuant to this section shall not confer upon

24 the alien any other form of relief.’’.
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1 (d) CLERICAL AMENDMENT.—The table of contents of

2 such Act is amended by inserting after the item relating

3 to section 105 the following new item:

‘‘Sec. 106. Employment authorization for battered spouses of certain nonimmigrants.’’.

4 (e) LIMITATION ON PETITIONING FOR ABUSER.—Sec5 tion 204(a)(1) of the Immigration and Nationality Act (8

6 U.S.C. 1154(a)(1)) is amended by adding at the end the

7 following new subparagraph:

8 ‘‘(L) Notwithstanding the previous provi9 sions of this paragraph, an individual who was

10 a VAWA petitioner or who had the status of a

11 nonimmigrant under subparagraph (T) or (U) of

12 section 101(a)(15) may not file a petition for

13 classification under this section or section 214 to

14 classify any person who committed the battery or

15 extreme cruelty or trafficking against the indi16 vidual (or the individual’s child) which estab17 lished the individual’s (or individual’s child) eli18 gibility as a VAWA petitioner or for such non19 immigrant status.’’.

20 SEC. 815. APPLICATION FOR VAWA-RELATED RELIEF.

21 (a) IN GENERAL.—Section 202(d)(1) of the Nica22 raguan Adjustment and Central American Relief Act (8

23 U.S.C. 1255 note; Public Law 105–100) is amended—
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1 (1) in subparagraph (B)(ii), by inserting ‘‘, or

2 was eligible for adjustment,’’ after ‘‘whose status is

3 adjusted’’; and

4 (2) in subparagraph (E), by inserting ‘‘, or, in

5 the case of an alien who qualifies under subparagraph

6 (B)(ii), applies for such adjustment during the 18-

7 month period beginning on the date of enactment of

8 the Violence Against Women and Department of Jus9 tice Reauthorization Act of 2005’’ after ‘‘April 1,

10 2000’’.

11 (b) TECHNICAL AMENDMENT.—Section 202(d)(3) of

12 such Act (8 U.S.C. 1255 note; Public Law 105–100) is

13 amended by striking ‘‘204(a)(1)(H)’’ and inserting

14 ‘‘204(a)(1)(J)’’.

15 (c) EFFECTIVE DATE.—The amendment made by sub16 section (b) shall take effect as if included in the enactment

17 of the Violence Against Women Act of 2000 (division B of

18 Public Law 106–386; 114 Stat. 1491).

19 SEC. 816. SELF-PETITIONING PARENTS.

20 Section 204(a)(1)(A) of the Immigration and Nation21 ality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding

22 at the end the following:

23 ‘‘(vii) An alien may file a petition with the Secretary

24 of Homeland Security under this subparagraph for classi-
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1 fication of the alien under section 201(b)(2)(A)(i) if the

2 alien—

3 ‘‘(I) is the parent of a citizen of the United

4 States or was a parent of a citizen of the United

5 States who, within the past 2 years, lost or renounced

6 citizenship status related to an incident of domestic

7 violence or died;

8 ‘‘(II) is a person of good moral character;

9 ‘‘(III) is eligible to be classified as an immediate

10 relative under section 201(b)(2)(A)(i);

11 ‘‘(IV) resides, or has resided, with the citizen

12 daughter or son; and

13 ‘‘(V) demonstrates that the alien has been bat14 tered or subject to extreme cruelty by the citizen

15 daughter or son.’’.

16 SEC. 817. VAWA CONFIDENTIALITY NONDISCLOSURE.

17 Section 384 of the Illegal Immigration Reform and

18 Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is

19 amended—

20 (1) in subsection (a)—

21 (A) in the matter preceding paragraph (1),

22 by striking ‘‘(including any bureau or agency of

23 such Department)’’ and inserting ‘‘, the Sec24 retary of Homeland Security, the Secretary of

25 State, or any other official or employee of the
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1 Department of Homeland Security or Depart2 ment of State (including any bureau or agency

3 of either of such Departments)’’; and

4 (B) in paragraph (1)—

5 (i) in subparagraph (D), by striking

6 ‘‘or’’ at the end; and

7 (ii) by inserting after subparagraph

8 (E) the following:

9 ‘‘(F) in the case of an alien applying for

10 status under section 101(a)(15)(T) of the Immi11 gration and Nationality Act (8 U.S.C.

12 1101(a)(15)(T)), under section

13 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims

14 Protection Act of 2000 (22 U.S.C. 7105), under

15 section 244(a)(3) of the Immigration and Na16 tionality Act (8 U.S.C. 1254a(a)(3)), as in effect

17 prior to March 31, 1999, or as a VAWA self-peti18 tioner (as defined in section 101(a)(51) of the

19 Immigration and Nationality Act (8 U.S.C.

20 1101(a)(51)), the trafficker or perpetrator,’’;

21 (2) in subsection (b), by adding at the end the

22 following new paragraphs:

23 ‘‘(6) Subsection (a) may not be construed to pre24 vent the Attorney General and the Secretary of Home25 land Security from disclosing to the chairmen and
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1 ranking members of the Committee on the Judiciary

2 of the Senate or the Committee on the Judiciary of

3 the House of Representatives, for the exercise of con4 gressional oversight authority, information on closed

5 cases under this section in a manner that protects the

6 confidentiality of such information and that omits

7 personally identifying information (including loca8 tional information about individuals).

9 ‘‘(7) Government entities adjudicating applica10 tions for relief under subsection (a)(2), and govern11 ment personnel carrying out mandated duties under

12 section 101(i)(1) of the Immigration and Nationality

13 Act, may, with the prior written consent of the alien

14 involved, communicate with nonprofit, nongovern15 mental victims’ service providers for the sole purpose

16 of assisting victims in obtaining victim services from

17 programs with expertise working with immigrant vic18 tims. Agencies receiving referrals are bound by the

19 provisions of this section. Nothing in this paragraph

20 shall be construed as affecting the ability of an appli21 cant to designate a safe organization through whom

22 governmental agencies may communicate with the ap23 plicant.’’;

24 (3) in subsection (c), by inserting ‘‘or who know25 ingly makes a false certification under section 239(e)
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1 of the Immigration and Nationality Act’’ after ‘‘in

2 violation of this section’’; and

3 (4) by adding at the end the following new sub4 section:

5 ‘‘(d) GUIDANCE.—The Attorney General and the Sec6 retary of Homeland Security shall provide guidance to offi7 cers and employees of the Department of Justice or the De8 partment of Homeland Security who have access to infor9 mation covered by this section regarding the provisions of

10 this section, including the provisions to protect victims of

11 domestic violence from harm that could result from the in12 appropriate disclosure of covered information.’’.

13 Subtitle C—Miscellaneous

14 Amendments

15 SEC. 821. DURATION OF T AND U VISAS.

16 (a) T VISAS.—Section 214(o) of the Immigration and

17 Nationality Act (8 U.S.C. 1184(o)) is amended by adding

18 at the end the following:

19 ‘‘(7)(A) Except as provided in subparagraph (B), an

20 alien who is issued a visa or otherwise provided non21 immigrant status under section 101(a)(15)(T) may be

22 granted such status for a period of not more than 4 years.

23 ‘‘(B) An alien who is issued a visa or otherwise pro24 vided nonimmigrant status under section 101(a)(15)(T)

25 may extend the period of such status beyond the period de-
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1 scribed in subparagraph (A) if a Federal, State, or local

2 law enforcement official, prosecutor, judge, or other author3 ity investigating or prosecuting activity relating to human

4 trafficking or certifies that the presence of the alien in the

5 United States is necessary to assist in the investigation or

6 prosecution of such activity.’’.

7 (b) U VISAS.—Section 214(p) of the Immigration and

8 Nationality Act (8 U.S.C. 1184(p)) is amended by adding

9 at the end the following:

10 ‘‘(6) DURATION OF STATUS.—The authorized pe11 riod of status of an alien as a nonimmigrant under

12 section 101(a)(15)(U) shall be for a period of not

13 more than 4 years, but shall be extended upon certifi14 cation from a Federal, State, or local law enforcement

15 official, prosecutor, judge, or other Federal, State, or

16 local authority investigating or prosecuting criminal

17 activity described in section 101(a)(15)(U)(iii) that

18 the alien’s presence in the United States is required

19 to assist in the investigation or prosecution of such

20 criminal activity.’’.

21 (c) PERMITTING CHANGE OF NONIMMIGRANT STATUS

22 TO T AND U NONIMMIGRANT STATUS.—

23 (1) IN GENERAL.—Section 248 of the Immigra24 tion and Nationality Act (8 U.S.C. 1258) is

25 amended—
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1 (A) by striking ‘‘The Attorney General’’ and

2 inserting ‘‘(a) The Secretary of Homeland Secu3 rity’’;

4 (B) by inserting ‘‘(subject to subsection

5 (b))’’ after ‘‘except’’; and

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

7 ‘‘(b) The exceptions specified in paragraphs (1)

8 through (4) of subsection (a) shall not apply to a change

9 of nonimmigrant classification to that of a nonimmigrant

10 under subparagraph (T) or (U) of section 101(a)(15).’’.

11 (2) CONFORMING AMENDMENT.—Section

12 214(l)(2)(A) of the Immigration and Nationality Act

13 (8 U.S.C. 1184(l)(2)(A)) is amended by striking

14 ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’.

15 SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN AP16 PLICATION OF SPECIAL PHYSICAL PRESENCE

17 AND GOOD MORAL CHARACTER RULES.

18 (a) PHYSICAL PRESENCE RULES.—Section

19 240A(b)(2)(B) of the Immigration and Nationality Act (8

20 U.S.C. 1229b(b)(2)(B)) is amended—

21 (1) in the first sentence, by striking ‘‘(A)(i)(II)’’

22 and inserting ‘‘(A)(ii)’’; and

23 (2) in the fourth sentence, by striking ‘‘subsection

24 (b)(2)(B) of this section’’ and inserting ‘‘this subpara25 graph, subparagraph (A)(ii),’’.
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1 (b) MORAL CHARACTER RULES.—Section

2 240A(b)(2)(C) of the Immigration and Nationality Act (8

3 U.S.C. 1229b(b)(2)(C)) is amended by striking

4 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’.

5 (c) CORRECTION OF CROSS-REFERENCE ERROR IN AP6 PLYING GOOD MORAL CHARACTER.—

7 (1) IN GENERAL.—Section 101(f)(3) of the Immi8 gration and Nationality Act (8 U.S.C. 1101(f)(3)) is

9 amended by striking ‘‘(9)(A)’’ and inserting

10 ‘‘(10)(A)’’.

11 (2) EFFECTIVE DATE.—The amendment made by

12 paragraph (1) shall be effective as if included in sec13 tion 603(a)(1) of the Immigration Act of 1990 (Public

14 Law 101–649; 104 Stat. 5082).

15 SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER

16 SPOUSES UNDER CUBAN ADJUSTMENT.

17 (a) IN GENERAL.—The first section of Public Law 89–

18 732 (8 U.S.C. 1255 note) (commonly known as the Cuban

19 Adjustment Act) is amended—

20 (1) in the last sentence, by striking

21 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; and

22 (2) by adding at the end the following: ‘‘An alien

23 who was the spouse of any Cuban alien described in

24 this section and has resided with such spouse shall

25 continue to be treated as such a spouse for 2 years
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1 after the date on which the Cuban alien dies (or, if

2 later, 2 years after the date of enactment of Violence

3 Against Women and Department of Justice Reauthor4 ization Act of 2005), or for 2 years after the date of

5 termination of the marriage (or, if later, 2 years after

6 the date of enactment of Violence Against Women and

7 Department of Justice Reauthorization Act of 2005)

8 if there is demonstrated a connection between the ter9 mination of the marriage and the battering or ex10 treme cruelty by the Cuban alien.’’.

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a)(1) shall take effect as if included in the enact13 ment of the Violence Against Women Act of 2000 (division

14 B of Public Law 106–386; 114 Stat. 1491).

15 SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLI16 CANTS.

17 (a) IN GENERAL.—Section 902(d)(1)(B) of the Hai18 tian Refugee Immigration Fairness Act of 1998 (8 U.S.C.

19 1255 note) is amended—

20 (1) in clause (i), by striking ‘‘whose status is ad21 justed to that of an alien lawfully admitted for per22 manent residence’’ and inserting ‘‘who is or was eligi23 ble for classification’’;

24 (2) in clause (ii), by striking ‘‘whose status is

25 adjusted to that of an alien lawfully admitted for per-
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1 manent residence’’ and inserting ‘‘who is or was eligi2 ble for classification’’; and

3 (3) in clause (iii), by striking ‘‘204(a)(1)(H)’’

4 and inserting ‘‘204(a)(1)(J)’’.

5 (b) EFFECTIVE DATE.—The amendment made by sub6 section (a)(3) shall take effect as if included in the enact7 ment of the Violence Against Women Act of 2000 (division

8 B of Public Law 106–386; 114 Stat. 1491).

9 SEC. 825. MOTIONS TO REOPEN.

10 (a) REMOVAL PROCEEDINGS.—Section 240(c)(7) of the

11 Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)),

12 as redesignated by section 101(d)(1) of the REAL ID Act

13 of 2005 (division B of Public Law 109–13), is amended—

14 (1) in subparagraph (A), by inserting ‘‘, except

15 that this limitation shall not apply so as to prevent

16 the filing of one motion to reopen described in sub17 paragraph (C)(iv)’’ before the period at the end; and

18 (2) in subparagraph (C)—

19 (A) in the heading of clause (iv), by striking

20 ‘‘SPOUSES AND CHILDREN’’ and inserting

21 ‘‘SPOUSES, CHILDREN, AND PARENTS’’;

22 (B) in the matter before subclause (I) of

23 clause (iv), by striking ‘‘The deadline specified

24 in subsection (b)(5)(C) for filing a motion to re25 open does not apply’’ and inserting ‘‘Any limita-
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1 tion under this section on the deadlines for filing

2 such motions shall not apply’’;

3 (C) in clause (iv)(I), by striking ‘‘or section

4 240A(b)’’ and inserting ‘‘, section 240A(b), or

5 section 244(a)(3) (as in effect on March 31,

6 1997)’’;

7 (D) by striking ‘‘and’’ at the end of clause

8 (iv)(II);

9 (E) by striking the period at the end of

10 clause (iv)(III) and inserting ‘‘; and’’; and

11 (F) by adding at the end the following:

12 ‘‘(IV) if the alien is physically

13 present in the United States at the

14 time of filing the motion.

15 The filing of a motion to reopen under this

16 clause shall only stay the removal of a qualified

17 alien (as defined in section 431(c)(1)(B) of the

18 Personal Responsibility and Work Opportunity

19 Reconciliation Act of 1996 (8 U.S.C.

20 1641(c)(1)(B)) pending the final disposition of

21 the motion, including exhaustion of all appeals

22 if the motion establishes that the alien is a quali23 fied alien.’’.
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1 (b) DEPORTATION AND EXCLUSION PROCEEDINGS.—

2 Section 1506(c)(2) of the Violence Against Women Act of

3 2000 (8 U.S.C. 1229a note) is amended—

4 (1) by striking subparagraph (A) and inserting

5 the following:

6 ‘‘(A)(i) IN GENERAL.—Notwithstanding any

7 limitation imposed by law on motions to reopen

8 or rescind deportation proceedings under the Im9 migration and Nationality Act (as in effect be10 fore the title III–A effective date in section 309

11 of the Illegal Immigration Reform and Immi12 grant Responsibility Act of 1996 (8 U.S.C. 1101

13 note))—

14 ‘‘(I) there is no time limit on the filing

15 of a motion to reopen such proceedings, and

16 the deadline specified in section 242B(c)(3)

17 of the Immigration and Nationality Act (as

18 so in effect) (8 U.S.C. 1252b(c)(3)) does not

19 apply—

20 ‘‘(aa) if the basis of the motion is

21 to apply for relief under clause (iii) or

22 (iv) of section 204(a)(1)(A) of the Im23 migration and Nationality Act (8

24 U.S.C. 1154(a)(1)(A)), clause (ii) or

25 (iii) of section 204(a)(1)(B) of such Act
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1 (8 U.S.C. 1154(a)(1)(B)), or section

2 244(a)(3) of such Act (as so in effect)

3 (8 U.S.C. 1254(a)(3)); and

4 ‘‘(bb) if the motion is accom5 panied by a suspension of deportation

6 application to be filed with the Sec7 retary of Homeland Security or by a

8 copy of the self-petition that will be

9 filed with the Department of Homeland

10 Security upon the granting of the mo11 tion to reopen; and

12 ‘‘(II) any such limitation shall not

13 apply so as to prevent the filing of one mo14 tion to reopen described in section

15 240(c)(7)(C)(iv) of the Immigration and

16 Nationality Act (8 U.S.C. 1229a(c)(7)).

17 ‘‘(ii) PRIMA FACIE CASE.—The filing of a

18 motion to reopen under this subparagraph shall

19 only stay the removal of a qualified alien (as de20 fined in section 431(c)(1)(B) of the Personal Re21 sponsibility and Work Opportunity Reconcili22 ation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pend23 ing the final disposition of the motion, including

24 exhaustion of all appeals if the motion estab25 lishes that the alien is a qualified alien.’’;
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1 (2) in subparagraph (B), in the matter pre2 ceding clause (i), by inserting ‘‘who are physically

3 present in the United States and’’ after ‘‘filed by

4 aliens’’; and

5 (3) in subparagraph (B)(i), by inserting ‘‘or ex6 clusion’’ after ‘‘deportation’’.

7 (c) CERTIFICATION OF COMPLIANCE IN REMOVAL PRO8 CEEDINGS.—

9 (1) IN GENERAL.—Section 239 of the Immigra10 tion and Nationality Act (8 U.S.C. 1229) is amended

11 by adding at the end the following new subsection:

12 ‘‘(e) CERTIFICATION OF COMPLIANCE WITH RESTRIC13 TIONS ON DISCLOSURE.—

14 ‘‘(1) IN GENERAL.—In cases where an enforce15 ment action leading to a removal proceeding was

16 taken against an alien at any of the locations speci17 fied in paragraph (2), the Notice to Appear shall in18 clude a statement that the provisions of section 384

19 of the Illegal Immigration Reform and Immigrant

20 Responsibility Act of 1996 (8 U.S.C. 1367) have been

21 complied with.

22 ‘‘(2) LOCATIONS.—The locations specified in this

23 paragraph are as follows:

24 ‘‘(A) At a domestic violence shelter, a rape

25 crisis center, supervised visitation center, family
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1 justice center, a victim services, or victim serv2 ices provider, or a community-based organiza3 tion.

4 ‘‘(B) At a courthouse (or in connection with

5 that appearance of the alien at a courthouse) if

6 the alien is appearing in connection with a pro7 tection order case, child custody case, or other

8 civil or criminal case relating to domestic vio9 lence, sexual assault, trafficking, or stalking in

10 which the alien has been battered or subject to

11 extreme cruelty or if the alien is described in

12 subparagraph (T) or (V) of section 101(a)(15).’’.

13 (2) EFFECTIVE DATE.—The amendment made by

14 paragraph (1) shall take effect on the date that is 30

15 days after the date of the enactment of this Act and

16 shall apply to apprehensions occurring on or after

17 such date.

18 SEC. 826. PROTECTING ABUSED JUVENILES.

19 Section 287 of the Immigration and Nationality Act

20 (8 U.S.C. 1357), as amended by section 726, is further

21 amended by adding at the end the following new clause:

22 ‘‘(i) An alien described in section 101(a)(27)(J) of the

23 Immigration and Nationality Act who has been battered,

24 abused, neglected, or abandoned, shall not be compelled to

25 contact the alleged abuser (or family member of the alleged
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1 abuser) at any stage of applying for special immigrant ju2 venile status, including after a request for the consent of

3 the Secretary of Homeland Security under section

4 101(a)(27)(J)(iii)(I) of such Act.’’.

5 SEC. 827. PROTECTION OF DOMESTIC VIOLENCE AND

6 CRIME VICTIMS FROM CERTAIN DISCLO7 SURES OF INFORMATION.

8 In developing regulations or guidance with regard to

9 identification documents, including driver’s licenses, the

10 Secretary of Homeland Security, in consultation with the

11 Administrator of Social Security, shall consider and ad12 dress the needs of victims, including victims of battery, ex13 treme cruelty, domestic violence, dating violence, sexual as14 sault, stalking or trafficking, who are entitled to enroll in

15 State address confidentiality programs, whose addresses are

16 entitled to be suppressed under State or Federal law or sup17 pressed by a court order, or who are protected from disclo18 sure of information pursuant to section 384 of the Illegal

19 Immigration Reform and Immigrant Responsibility Act of

20 1996 (8 U.S.C. 1367).

21 SEC. 828. RULEMAKING.

22 Not later than 180 days after the date of enactment

23 of this Act, the Attorney General, the Secretary of Home24 land Security, and the Secretary of State shall promulgate

25 regulations to implement the provisions contained in the
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1 Battered Immigrant Women Protection Act of 2000 (title

2 V of Public Law 106–386), this Act, and the amendments

3 made by this Act.

4 Subtitle D—International Marriage

5 Broker Regulation

6 SEC. 831. SHORT TITLE.

7 This subtitle may be cited as the ‘‘International Mar8 riage Broker Regulation Act of 2005’’.

9 SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF

10 MANNER OF ENTRY.

11 (a) INFORMATION ON CERTAIN CONVICTIONS AND LIM12 ITATION ON PETITIONS FOR K NONIMMIGRANT PETI13 TIONERS.—

14 (1) 214(D) AMENDMENT.—Section 214(d) of the

15 Immigration and Nationality Act (8 U.S.C. 1184(d))

16 is amended—

17 (A) by striking ‘‘(d)’’ and inserting

18 ‘‘(d)(1)’’;

19 (B) by inserting after the second sentence

20 ‘‘Such information shall include information on

21 any criminal convictions of the petitioner for

22 any specified crime.’’;

23 (C) by striking ‘‘Attorney General’’ and in24 serting ‘‘Secretary of Homeland Security’’ each

25 place it appears; and
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1 (D) by adding at the end the following:

2 ‘‘(2)(A) Subject to subparagraphs (B) and (C), a con3 sular officer may not approve a petition under paragraph

4 (1) unless the officer has verified that—

5 ‘‘(i) the petitioner has not, previous to the pend6 ing petition, petitioned under paragraph (1) with re7 spect to two or more applying aliens; and

8 ‘‘(ii) if the petitioner has had such a petition

9 previously approved, 2 years have elapsed since the

10 filing of such previously approved petition.

11 ‘‘(B) The Secretary of Homeland Security may, in the

12 Secretary’s discretion, waive the limitations in subpara13 graph (A) if justification exists for such a waiver. Except

14 in extraordinary circumstances and subject to subpara15 graph (C), such a waiver shall not be granted if the peti16 tioner has a record of violent criminal offenses against a

17 person or persons.

18 ‘‘(C)(i) The Secretary of Homeland Security is not

19 limited by the criminal court record and shall grant a

20 waiver of the condition described in the second sentence of

21 subparagraph (B) in the case of a petitioner described in

22 clause (ii).

23 ‘‘(ii) A petitioner described in this clause is a peti24 tioner who has been battered or subjected to extreme cruelty
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1 and who is or was not the primary perpetrator of violence

2 in the relationship upon a determination that—

3 ‘‘(I) the petitioner was acting in self-defense;

4 ‘‘(II) the petitioner was found to have violated a

5 protection order intended to protect the petitioner; or

6 ‘‘(III) the petitioner committed, was arrested for,

7 was convicted of, or pled guilty to committing a

8 crime that did not result in serious bodily injury and

9 where there was a connection between the crime and

10 the petitioner’s having been battered or subjected to

11 extreme cruelty.

12 ‘‘(iii) In acting on applications under this subpara13 graph, the Secretary of Homeland Security shall consider

14 any credible evidence relevant to the application. The deter15 mination of what evidence is credible and the weight to be

16 given that evidence shall be within the sole discretion of the

17 Secretary.

18 ‘‘(3) In this subsection:

19 ‘‘(A) The terms ‘domestic violence’, ‘sexual as20 sault’, ‘child abuse and neglect’, ‘dating violence’,

21 ‘elder abuse’, and ‘stalking’ have the meaning given

22 such terms in section 3 of the Violence Against

23 Women and Department of Justice Reauthorization

24 Act of 2005.
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1 ‘‘(B) The term ‘specified crime’ means the fol2 lowing:

3 ‘‘(i) Domestic violence, sexual assault, child

4 abuse and neglect, dating violence, elder abuse,

5 and stalking.

6 ‘‘(ii) Homicide, murder, manslaughter,

7 rape, abusive sexual contact, sexual exploitation,

8 incest, torture, trafficking, peonage, holding hos9 tage, involuntary servitude, slave trade, kidnap10 ping, abduction, unlawful criminal restraint,

11 false imprisonment, or an attempt to commit

12 any of the crimes described in this clause.

13 ‘‘(iii) At least three convictions for crimes

14 relating to a controlled substance or alcohol not

15 arising from a single act.’’.

16 (2) 214(R) AMENDMENT.—Section 214(r) of such

17 Act (8 U.S.C. 1184(r)) is amended—

18 (A) in paragraph (1), by inserting after the

19 second sentence ‘‘Such information shall include

20 information on any criminal convictions of the

21 petitioner for any specified crime.’’; and

22 (B) by adding at the end the following:

23 ‘‘(4)(A) The Secretary of Homeland Security shall cre24 ate a database for the purpose of tracking multiple visa pe25 titions filed for fiance ́(e)s and spouses under clauses (i) and
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1 (ii) of section 101(a)(15)(K). Upon approval of a second

2 visa petition under section 101(a)(15)(K) for a fiance ́(e) or

3 spouse filed by the same United States citizen petitioner,

4 the petitioner shall be notified by the Secretary that infor5 mation concerning the petitioner has been entered into the

6 multiple visa petition tracking database. All subsequent

7 fiance ́(e) or spouse nonimmigrant visa petitions filed by

8 that petitioner under such section shall be entered in the

9 database.

10 ‘‘(B)(i) Once a petitioner has had two fiance ́(e) or

11 spousal petitions approved under clause (i) or (ii) of section

12 101(a)(15)(K), if a subsequent petition is filed under such

13 section less than 10 years after the date the first visa peti14 tion was filed under such section, the Secretary of Home15 land Security shall notify both the petitioner and bene16 ficiary of any such subsequent petition about the number

17 of previously approved fiance ́(e) or spousal petitions listed

18 in the database.

19 ‘‘(ii) A copy of the information and resources pam20 phlet on domestic violence developed under section 833(a)

21 of the International Marriage Broker Regulation Act of

22 2005 shall be mailed to the beneficiary along with the noti23 fication required in clause (i).

24 ‘‘(5) In this subsection:
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1 ‘‘(A) The terms ‘domestic violence’, ‘sexual as2 sault’, ‘child abuse and neglect’, ‘dating violence’,

3 ‘elder abuse’, and ‘stalking’ have the meaning given

4 such terms in section 3 of the Violence Against

5 Women and Department of Justice Reauthorization

6 Act of 2005.

7 ‘‘(B) The term ‘specified crime’ means the fol8 lowing:

9 ‘‘(i) Domestic violence, sexual assault, child

10 abuse and neglect, dating violence, elder abuse,

11 and stalking.

12 ‘‘(ii) Homicide, murder, manslaughter,

13 rape, abusive sexual contact, sexual exploitation,

14 incest, torture, trafficking, peonage, holding hos15 tage, involuntary servitude, slave trade, kidnap16 ping, abduction, unlawful criminal restraint,

17 false imprisonment, or an attempt to commit

18 any of the crimes described in this clause.

19 ‘‘(iii) At least three convictions for crimes

20 relating to a controlled substance or alcohol not

21 arising from a single act.’’.

22 (3) EFFECTIVE DATE.—The amendments made

23 by this subsection shall take effect on the date that is

24 60 days after the date of the enactment of this Act.
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1 (b) LIMITATION ON USE OF CERTAIN INFORMATION.—

2 The fact that an alien described in clause (i) or (ii) of sec3 tion 101(a)(15)(K) of the Immigration and Nationality Act

4 (8 U.S.C. 1101(a)(15)(K)) is aware of any information dis5 closed under the amendments made by this section or under

6 section 833 shall not be used to deny the alien eligibility

7 for relief under any other provision of law.

8 SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RE9 SOURCES FOR IMMIGRANTS AND REGULA10 TION OF INTERNATIONAL MARRIAGE BRO11 KERS.

12 (a) INFORMATION FOR K NONIMMIGRANTS ON LEGAL

13 RIGHTS AND RESOURCES FOR IMMIGRANT VICTIMS OF DO14 MESTIC VIOLENCE.—

15 (1) IN GENERAL.—The Secretary of Homeland

16 Security, in consultation with the Attorney General

17 and the Secretary of State, shall develop an informa18 tion pamphlet, as described in paragraph (2), on

19 legal rights and resources for immigrant victims of

20 domestic violence and distribute and make such pam21 phlet available as described in paragraph (5). In pre22 paring such materials, the Secretary of Homeland Se23 curity shall consult with nongovernmental organiza24 tions with expertise on the legal rights of immigrant
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1 victims of battery, extreme cruelty, sexual assault,

2 and other crimes.

3 (2) INFORMATION PAMPHLET.—The information

4 pamphlet developed under paragraph (1) shall in5 clude information on the following:

6 (A) The K nonimmigrant visa application

7 process and the marriage-based immigration

8 process, including conditional residence and ad9 justment of status.

10 (B) The illegality of domestic violence, sex11 ual assault, and child abuse in the United States

12 and the dynamics of domestic violence.

13 (C) Domestic violence and sexual assault

14 services in the United States, including the Na15 tional Domestic Violence Hotline and the Na16 tional Sexual Assault Hotline.

17 (D) The legal rights of immigrant victims

18 of abuse and other crimes in immigration,

19 criminal justice, family law, and other matters,

20 including access to protection orders.

21 (E) The obligations of parents to provide

22 child support for children.

23 (F) Marriage fraud under United States

24 immigration laws and the penalties for commit25 ting such fraud.
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1 (G) A warning concerning the potential use

2 of K nonimmigrant visas by United States citi3 zens who have a history of committing domestic

4 violence, sexual assault, child abuse, or other

5 crimes and an explanation that such acts may

6 not have resulted in a criminal record for such

7 a citizen.

8 (H) Notification of the requirement under

9 subsection (d)(3)(A) that international marriage

10 brokers provide foreign national clients with

11 background information gathered on United

12 States clients from searches of Federal and State

13 sex offender public registries and collected from

14 United States clients regarding their marital

15 history and domestic violence or other violent

16 criminal history, but that such information may

17 not be complete or accurate because the United

18 States client may not have a criminal record or

19 may not have truthfully reported their marital

20 or criminal record.

21 (3) SUMMARIES.—The Secretary of Homeland

22 Security, in consultation with the Attorney General

23 and the Secretary of State, shall develop summaries

24 of the pamphlet developed under paragraph (1) that
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1 shall be used by Federal officials when reviewing the

2 pamphlet in interviews under subsection (b).

3 (4) TRANSLATION.—

4 (A) IN GENERAL.—In order to best serve the

5 language groups having the greatest concentra6 tion of K nonimmigrant visa applicants, the in7 formation pamphlet developed under paragraph

8 (1) shall, subject to subparagraph (B), be trans9 lated by the Secretary of State into foreign lan10 guages, including Russian, Spanish, Tagalog,

11 Vietnamese, Chinese, Ukrainian, Thai, Korean,

12 Polish, Japanese, French, Arabic, Portuguese,

13 Hindi, and such other languages as the Sec14 retary of State, in the Secretary’s discretion,

15 may specify.

16 (B) REVISION.—Every 2 years, the Sec17 retary of Homeland Security, in consultation

18 with the Attorney General and the Secretary of

19 State, shall determine at least 14 specific lan20 guages into which the information pamphlet is

21 translated based on the languages spoken by the

22 greatest concentrations of K nonimmigrant visa

23 applicants.
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1 (5) AVAILABILITY AND DISTRIBUTION.—The in2 formation pamphlet developed under paragraph (1)

3 shall be made available and distributed as follows:

4 (A) MAILINGS TO K NONIMMIGRANT VISA

5 APPLICANTS.—

6 (i) The pamphlet shall be mailed by

7 the Secretary of State to each applicant for

8 a K nonimmigrant visa at the same time

9 that the instruction packet regarding the

10 visa application process is mailed to such

11 applicant. The pamphlet so mailed shall be

12 in the primary language of the applicant or

13 in English if no translation into the appli14 cant’s primary language is available.

15 (ii) The Secretary of Homeland Secu16 rity shall provide to the Secretary of State,

17 for inclusion in the mailing under clause

18 (i), a copy of the petition submitted by the

19 petitioner for such applicant under sub20 section (d) or (r) of section 214 of such Act

21 (8 U.S.C. 1184).

22 (iii) The Secretary of Homeland Secu23 rity shall provide to the Secretary of State

24 any criminal background information the

25 Secretary of Homeland Security possesses
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1 with respect to a petitioner under subsection

2 (d) or (r) of section 214 of such Act (8

3 U.S.C. 1184). The Secretary of State, in

4 turn, shall share any such criminal back5 ground information that is in government

6 records or databases with the K non7 immigrant visa applicant who is the bene8 ficiary of the petition. The visa applicant

9 shall be informed that such criminal back10 ground information is based on available

11 records and may not be complete. The Sec12 retary of State also shall provide for the

13 disclosure of such criminal background in14 formation to the visa applicant at the con15 sular interview in the primary language of

16 the visa applicant. Nothing in this clause

17 shall be construed to authorize the Secretary

18 of Homeland Security to conduct any new

19 or additional criminal background check

20 that is not otherwise conducted in the course

21 of adjudicating such petitions.

22 (B) CONSULAR ACCESS.—The pamphlet de23 veloped under paragraph (1) shall be made

24 available to the public at all consular posts. The

25 summaries described in paragraph (3) shall be
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1 made available to foreign service officers at all

2 consular posts.

3 (C) POSTING ON FEDERAL WEBSITES.—The

4 pamphlet developed under paragraph (1) shall be

5 posted on the websites of the Department of State

6 and the Department of Homeland Security, as

7 well as on the websites of all consular posts proc8 essing applications for K nonimmigrant visas.

9 (D) INTERNATIONAL MARRIAGE BROKERS

10 AND VICTIM ADVOCACY ORGANIZATIONS.—The

11 pamphlet developed under paragraph (1) shall be

12 made available to any international marriage

13 broker, government agency, or nongovernmental

14 advocacy organization.

15 (6) DEADLINE FOR PAMPHLET DEVELOPMENT

16 AND DISTRIBUTION.—The pamphlet developed under

17 paragraph (1) shall be distributed and made avail18 able (including in the languages specified under para19 graph (4)) not later than 120 days after the date of

20 the enactment of this Act.

21 (b) VISA AND ADJUSTMENT INTERVIEWS.—

22 (1) FIANCE ́(E)S, SPOUSES AND THEIR DERIVA23 TIVES.—During an interview with an applicant for a

24 K nonimmigrant visa, a consular officers shall—
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1 (A) provide information, in the primary

2 language of the visa applicant, on protection or3 ders or criminal convictions collected under sub4 section (a)(5)(A)(iii);

5 (B) provide a copy of the pamphlet devel6 oped under subsection (a)(1) in English or an7 other appropriate language and provide an oral

8 summary, in the primary language of the visa

9 applicant, of that pamphlet; and

10 (C) ask the applicant, in the primary lan11 guage of the applicant, whether an international

12 marriage broker has facilitated the relationship

13 between the applicant and the United States pe14 titioner, and, if so, obtain the identity of the

15 international marriage broker from the appli16 cant and confirm that the international mar17 riage broker provided to the applicant the infor18 mation and materials required under subsection

19 (d)(3)(A)(iii).

20 (2) FAMILY-BASED APPLICANTS.—The pamphlet

21 developed under subsection (a)(1) shall be distributed

22 directly to applicants for family-based immigration

23 petitions at all consular and adjustment interviews

24 for such visas. The Department of State or Depart25 ment of Homeland Security officer conducting the
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1 interview shall review the summary of the pamphlet

2 with the applicant orally in the applicant’s primary

3 language, in addition to distributing the pamphlet to

4 the applicant in English or another appropriate lan5 guage.

6 (c) CONFIDENTIALITY.—In fulfilling the requirements

7 of this section, no official of the Department of State or

8 the Department of Homeland Security shall disclose to a

9 nonimmigrant visa applicant the name or contact informa10 tion of any person who was granted a protection order or

11 restraining order against the petitioner or who was a vic12 tim of a crime of violence perpetrated by the petitioner, but

13 shall disclose the relationship of the person to the petitioner.

14 (d) REGULATION OF INTERNATIONAL MARRIAGE BRO15 KERS.—

16 (1) PROHIBITION ON MARKETING CHILDREN.—

17 An international marriage broker shall not provide

18 any individual or entity with the personal contact in19 formation, photograph, or general information about

20 the background or interests of any individual under

21 the age of 18.

22 (2) REQUIREMENTS OF INTERNATIONAL MAR23 RIAGE BROKERS WITH RESPECT TO MANDATORY COL24 LECTION OF BACKGROUND INFORMATION.—

25 (A) IN GENERAL.—
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1 (i) SEARCH OF SEX OFFENDER PUBLIC

2 REGISTRIES.—Each international marriage

3 broker shall search the National Sex Of4 fender Public Registry or State sex offender

5 public registry, as required under para6 graph (3)(A)(i).

7 (ii) COLLECTION OF BACKGROUND IN8 FORMATION.—Each international marriage

9 broker shall also collect the background in10 formation listed in subparagraph (B) about

11 the United States client to whom the per12 sonal contact information of a foreign na13 tional client would be provided.

14 (B) BACKGROUND INFORMATION.—The

15 international marriage broker shall collect a cer16 tification signed (in written, electronic, or other

17 form) by the United States client accompanied

18 by documentation or an attestation of the fol19 lowing background information about the United

20 States client:

21 (i) Any temporary or permanent civil

22 protection order or restraining order issued

23 against the United States client.

24 (ii) Any Federal, State, or local arrest

25 or conviction of the United States client for
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1 homicide, murder, manslaughter, assault,

2 battery, domestic violence, rape, sexual as3 sault, abusive sexual contact, sexual exploi4 tation, incest, child abuse or neglect, tor5 ture, trafficking, peonage, holding hostage,

6 involuntary servitude, slave trade, kidnap7 ping, abduction, unlawful criminal re8 straint, false imprisonment, or stalking.

9 (iii) Any Federal, State, or local arrest

10 or conviction of the United States client

11 for—

12 (I) solely, principally, or inciden13 tally engaging in prostitution;

14 (II) a direct or indirect attempt

15 to procure prostitutes or persons for the

16 purpose of prostitution; or

17 (III) receiving, in whole or in

18 part, of the proceeds of prostitution.

19 (iv) Any Federal, State, or local arrest

20 or conviction of the United States client for

21 offenses related to controlled substances or

22 alcohol.

23 (v) Marital history of the United

24 States client, including whether the client is

25 currently married, whether the client has
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1 previously been married and how many

2 times, how previous marriages of the client

3 were terminated and the date of termi4 nation, and whether the client has pre5 viously sponsored an alien to whom the cli6 ent was engaged or married.

7 (vi) The ages of any of the United

8 States client’s children who are under the

9 age of 18.

10 (vii) All States and countries in which

11 the United States client has resided since

12 the client was 18 years of age.

13 (3) OBLIGATION OF INTERNATIONAL MARRIAGE

14 BROKERS WITH RESPECT TO INFORMED CONSENT.—

15 (A) LIMITATION ON SHARING INFORMATION

16 ABOUT FOREIGN NATIONAL CLIENTS.—An inter17 national marriage broker shall not provide any

18 United States client or representative with the

19 personal contact information of any foreign na20 tional client unless and until the international

21 marriage broker has—

22 (i) performed a search of the National

23 Sex Offender Public Registry, or of the rel24 evant State sex offender public registry for

25 any State not yet participating in the Na-
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1 tional Sex Offender Public Registry in

2 which the United States client has resided

3 during the previous 20 years, for informa4 tion regarding the United States client;

5 (ii) collected background information

6 about the United States client required

7 under paragraph (2);

8 (iii) provided to the foreign national

9 client—

10 (I) in the foreign national client’s

11 primary language, a copy of any

12 records retrieved from the search re13 quired under paragraph (2)(A)(i) or

14 documentation confirming that such

15 search retrieved no records;

16 (II) in the foreign national cli17 ent’s primary language, a copy of the

18 background information collected by

19 the international marriage broker

20 under paragraph (2)(B); and

21 (III) in the foreign national cli22 ent’s primary language (or in English

23 or other appropriate language if there

24 is no translation available into the cli-
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1 ent’s primary language), the pamphlet

2 developed under subsection (a)(1); and

3 (iv) received from the foreign national

4 client a signed, written consent, in the for5 eign national client’s primary language, to

6 release the foreign national client’s personal

7 contact information to the specific United

8 States client.

9 (B) CONFIDENTIALITY.—In fulfilling the re10 quirements of this paragraph, an international

11 marriage broker shall disclose the relationship of

12 the United States client to individuals who were

13 issued a protection order or restraining order as

14 described in clause (i) of paragraph (2)(B), or of

15 any other victims of crimes as described in

16 clauses (ii) through (iv) of such paragraph, but

17 shall not disclose the name or location informa18 tion of such individuals.

19 (C) PENALTY FOR MISUSE OF INFORMA20 TION.—A person who knowingly discloses, uses,

21 or causes to be used any information obtained by

22 an international marriage broker as a result of

23 the obligations imposed on it under paragraph

24 (2) and this paragraph for any purpose other

25 than the disclosures required under this para-
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1 graph shall be fined in accordance with title 18,

2 United States Code, or imprisoned not more

3 than 1 year, or both. These penalties are in addi4 tion to any other civil or criminal liability

5 under Federal or State law which a person may

6 be subject to for the misuse of that information,

7 including to threaten, intimidate, or harass any

8 individual. Nothing in this section shall prevent

9 the disclosure of such information to law enforce10 ment or pursuant to a court order.

11 (4) LIMITATION ON DISCLOSURE.—An inter12 national marriage broker shall not provide the per13 sonal contact information of any foreign national cli14 ent to any person or entity other than a United

15 States client. Such information shall not be disclosed

16 to potential United States clients or individuals who

17 are being recruited to be United States clients or rep18 resentatives.

19 (5) PENALTIES.—

20 (A) FEDERAL CIVIL PENALTY.—

21 (i) VIOLATION.—An international

22 marriage broker that violates (or attempts

23 to violate) paragraph (1), (2), (3), or (4) is

24 subject to a civil penalty of not less than
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1 $5,000 and not more than $25,000 for each

2 such violation.

3 (ii) PROCEDURES FOR IMPOSITION OF

4 PENALTY.—A penalty may be imposed

5 under clause (i) by the Attorney General

6 only after notice and an opportunity for an

7 agency hearing on the record in accordance

8 with subchapter II of chapter 5 of title 5,

9 United States Code (popularly known as the

10 Administrative Procedure Act).

11 (B) FEDERAL CRIMINAL PENALTY.—In cir12 cumstances in or affecting interstate or foreign

13 commerce, an international marriage broker

14 that, within the special maritime and territorial

15 jurisdiction of the United States, violates (or at16 tempts to violate) paragraph (1), (2), (3), or (4)

17 shall be fined in accordance with title 18, United

18 States Code, or imprisoned for not more than 5

19 years, or both.

20 (C) ADDITIONAL REMEDIES.—The penalties

21 and remedies under this subsection are in addi22 tion to any other penalties or remedies available

23 under law.

24 (6) NONPREEMPTION.—Nothing in this sub25 section shall preempt—
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1 (A) any State law that provides additional

2 protections for aliens who are utilizing the serv3 ices of an international marriage broker; or

4 (B) any other or further right or remedy

5 available under law to any party utilizing the

6 services of an international marriage broker.

7 (7) EFFECTIVE DATE.—

8 (A) IN GENERAL.—Except as provided in

9 subparagraph (B), this subsection shall take ef10 fect on the date that is 60 days after the date of

11 the enactment of this Act.

12 (B) ADDITIONAL TIME ALLOWED FOR IN13 FORMATION PAMPHLET.—The requirement for

14 the distribution of the pamphlet developed under

15 subsection (a)(1) shall not apply until 30 days

16 after the date of its development and initial dis17 tribution under subsection (a)(6).

18 (e) DEFINITIONS.—In this section:

19 (1) CRIME OF VIOLENCE.—The term ‘‘crime of

20 violence’’ has the meaning given such term in section

21 16 of title 18, United States Code.

22 (2) DOMESTIC VIOLENCE.—The term ‘‘domestic

23 violence’’ has the meaning given such term in section

24 3 of this Act.
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1 (3) FOREIGN NATIONAL CLIENT.—The term ‘‘for2 eign national client’’ means a person who is not a

3 United States citizen or national or an alien lawfully

4 admitted to the United States for permanent resi5 dence and who utilizes the services of an international

6 marriage broker. Such term includes an alien resid7 ing in the United States who is in the United States

8 as a result of utilizing the services of an international

9 marriage broker and any alien recruited by an inter10 national marriage broker or representative of such

11 broker.

12 (4) INTERNATIONAL MARRIAGE BROKER(A) IN

13 GENERAL.—The term ‘‘international marriage

14 broker’’ means a corporation, partnership, business,

15 individual, or other legal entity, whether or not orga16 nized under any law of the United States, that

17 charges fees for providing dating, matrimonial,

18 matchmaking services, or social referrals between

19 United States citizens or nationals or aliens lawfully

20 admitted to the United States as permanent residents

21 and foreign national clients by providing personal

22 contact information or otherwise facilitating commu23 nication between individuals.

24 (B) EXCEPTIONS.—Such term does not

25 include—
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1 (i) a traditional matchmaking organi2 zation of a cultural or religious nature that

3 operates on a nonprofit basis and otherwise

4 operates in compliance with the laws of the

5 countries in which it operates, including the

6 laws of the United States; or

7 (ii) an entity that provides dating

8 services if its principal business is not to

9 provide international dating services be10 tween United States citizens or United

11 States residents and foreign nationals and

12 it charges comparable rates and offers com13 parable services to all individuals it serves

14 regardless of the individual’s gender or

15 country of citizenship.

16 (5) K NONIMMIGRANT VISA.—The term ‘‘K non17 immigrant visa’’ means a nonimmigrant visa under

18 clause (i) or (ii) of section 101(a)(15)(K) of the Im19 migration and Nationality Act (8 U.S.C.

20 1101(a)(15)(K)).

21 (6) PERSONAL CONTACT INFORMATION.—

22 (A) IN GENERAL.—The term ‘‘personal con23 tact information’’ means information, or a

24 forum to obtain such information, that would
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1 permit individuals to contact each other,

2 including—

3 (i) the name or residential, postal, elec4 tronic mail, or instant message address of

5 an individual;

6 (ii) the telephone, pager, cellphone, or

7 fax number, or voice message mailbox of an

8 individual; or

9 (iii) the provision of an opportunity

10 for an in-person meeting.

11 (B) EXCEPTION.—Such term does not in12 clude a photograph or general information about

13 the background or interests of a person.

14 (7) REPRESENTATIVE.—The term ‘‘representa15 tive’’ means, with respect to an international mar16 riage broker, the person or entity acting on behalf of

17 such broker. Such a representative may be a recruiter,

18 agent, independent contractor, or other international

19 marriage broker or other person conveying informa20 tion about or to a United States client or foreign na21 tional client, whether or not the person or entity re22 ceives remuneration.

23 (8) STATE.—The term ‘‘State’’ includes the Dis24 trict of Columbia, Puerto Rico, the Virgin Islands,
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1 Guam, American Samoa, and the Northern Mariana

2 Islands.

3 (9) UNITED STATES.—The term ‘‘United States’’,

4 when used in a geographic sense, includes all the

5 States.

6 (10) UNITED STATES CLIENT.—The term

7 ‘‘United States client’’ means a United States citizen

8 or other individual who resides in the United States

9 and who utilizes the services of an international mar10 riage broker, if a payment is made or a debt is in11 curred to utilize such services.

12 (f) GAO STUDY AND REPORT.—

13 (1) STUDY.—The Comptroller General of the

14 United States shall conduct a study—

15 (A) on the impact of this section and sec16 tion 832 on the K nonimmigrant visa process,

17 including specifically—

18 (i) annual numerical changes in peti19 tions for K nonimmigrant visas;

20 (ii) the annual number (and percent21 age) of such petitions that are denied under

22 subsection (d)(2) or (r) of section 214 of the

23 Immigration and Nationality Act (8 U.S.C.

24 1184), as amended by this Act;
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1 (iii) the annual number of waiver ap2 plications submitted under such a sub3 section, the number (and percentage) of such

4 applications granted or denied, and the rea5 sons for such decisions;

6 (iv) the annual number (and percent7 age) of cases in which the criminal back8 ground information collected and provided

9 to the applicant as required by subsection

10 (a)(5)(A)(iii) contains one or more convic11 tions;

12 (v) the annual number and percentage

13 of cases described in clause (iv) that were

14 granted or were denied waivers under sec15 tion 214(d)(2) of the Immigration and Na16 tionality Act, as amended by this Act;

17 (vi) the annual number of fiance ́(e)

18 and spousal K nonimmigrant visa petitions

19 or family-based immigration petitions filed

20 by petitioners or applicants who have pre21 viously filed other fiance ́(e) or spousal K

22 nonimmigrant visa petitions or family23 based immigration petitions;

24 (vii) the annual number of fiance ́(e)

25 and spousal K nonimmigrant visa petitions
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1 or family-based immigration petitions filed

2 by petitioners or applicants who have con3 currently filed other fiance ́(e) or spousal K

4 nonimmigrant visa petitioners or family5 based immigration petitions; and

6 (viii) the annual and cumulative num7 ber of petitioners and applicants tracked in

8 the multiple filings database established

9 under paragraph (4) of section 214(r) of the

10 Immigration and Nationality Act, as added

11 by this Act;

12 (B) regarding the number of international

13 marriage brokers doing business in the United

14 States, the number of marriages resulting from

15 the services provided, and the extent of compli16 ance with the applicable requirements of this sec17 tion;

18 (C) that assesses the accuracy and complete19 ness of information gathered under section 832

20 and this section from clients and petitioners by

21 international marriage brokers, the Department

22 of State, or the Department of Homeland Secu23 rity;

24 (D) that examines, based on the information

25 gathered, the extent to which persons with a his-
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1 tory of violence are using either the K non2 immigrant visa process or the services of inter3 national marriage brokers, or both, and the ex4 tent to which such persons are providing accu5 rate and complete information to the Depart6 ment of State or the Department of Homeland

7 Security and to international marriage brokers

8 in accordance with subsections (a) and

9 (d)(2)(B); and

10 (E) that assesses the accuracy and complete11 ness of the criminal background check performed

12 by the Secretary of Homeland Security at identi13 fying past instances of domestic violence.

14 (2) REPORT.—Not later than 2 years after the

15 date of enactment of this Act, the Comptroller General

16 shall submit to the Committee on the Judiciary of the

17 Senate and the Committee on the Judiciary of the

18 House of Representatives a report setting forth the re19 sults of the study conducted under paragraph (1).

20 (3) DATA COLLECTION.—The Secretary of Home21 land Security and the Secretary of State shall collect

22 and maintain the data necessary for the Comptroller

23 General of the United States to conduct the study re24 quired by paragraph (1).
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1 (g) REPEAL OF MAIL-ORDER BRIDE PROVISION.—Sec2 tion 652 of the Illegal Immigration Reform and Immigrant

3 Responsibility Act of 1996 (division C of Public Law 104–

4 208; 8 U.S.C. 1375) is hereby repealed.

5 SEC. 834. SHARING OF CERTAIN INFORMATION.

6 Section 222(f) of the Immigration and Nationality Act

7 (8 U.S.C. 1202(f)) shall not be construed to prevent the

8 sharing of information regarding a United States petitioner

9 for a visa under clause (i) or (ii) of section 101(a)(15)(K)

10 of such Act (8 U.S.C. 1101(a)(15)(K)) for the limited pur11 poses of fulfilling disclosure obligations imposed by the

12 amendments made by section 832(a) or by section 833, in13 cluding reporting obligations of the Comptroller General of

14 the United States under section 833(f).

15 TITLE IX—SAFETY FOR INDIAN

16 WOMEN

17 SEC. 901. FINDINGS.

18 Congress finds that—

19 (1) 1 out of every 3 Indian (including Alaska

20 Native) women are raped in their lifetimes;

21 (2) Indian women experience 7 sexual assaults

22 per 1,000, compared with 4 per 1,000 among Black

23 Americans, 3 per 1,000 among Caucasians, 2 per

24 1,000 among Hispanic women, and 1 per 1,000

25 among Asian women;
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1 (3) Indian women experience the violent crime of

2 battering at a rate of 23.2 per 1,000, compared with

3 8 per 1,000 among Caucasian women;

4 (4) during the period 1979 through 1992, homi5 cide was the third leading cause of death of Indian

6 females aged 15 to 34, and 75 percent were killed by

7 family members or acquaintances;

8 (5) Indian tribes require additional criminal

9 justice and victim services resources to respond to vio10 lent assaults against women; and

11 (6) the unique legal relationship of the United

12 States to Indian tribes creates a Federal trust respon13 sibility to assist tribal governments in safeguarding

14 the lives of Indian women.

15 SEC. 902. PURPOSES.

16 The purposes of this title are—

17 (1) to decrease the incidence of violent crimes

18 against Indian women;

19 (2) to strengthen the capacity of Indian tribes to

20 exercise their sovereign authority to respond to violent

21 crimes committed against Indian women; and

22 (3) to ensure that perpetrators of violent crimes

23 committed against Indian women are held account24 able for their criminal behavior.
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1 SEC. 903. CONSULTATION.

2 (a) IN GENERAL.—The Attorney General shall conduct

3 annual consultations with Indian tribal governments con4 cerning the Federal administration of tribal funds and pro5 grams established under this Act, the Violence Against

6 Women Act of 1994 (title IV of Public Law 103–322; 108

7 Stat. 1902) and the Violence Against Women Act of 2000

8 (division B of Public Law 106–386; 114 Stat. 1491).

9 (b) RECOMMENDATIONS.—During consultations under

10 subsection (a), the Secretary of the Department of Health

11 and Human Services and the Attorney General shall solicit

12 recommendations from Indian tribes concerning—

13 (1) administering tribal funds and programs;

14 (2) enhancing the safety of Indian women from

15 domestic violence, dating violence, sexual assault, and

16 stalking; and

17 (3) strengthening the Federal response to such

18 violent crimes.

19 SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST

20 INDIAN WOMEN.

21 (a) NATIONAL BASELINE STUDY.—

22 (1) IN GENERAL.—The National Institute of Jus23 tice, in consultation with the Office on Violence

24 Against Women, shall conduct a national baseline

25 study to examine violence against Indian women in

26 Indian country.
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1 (2) SCOPE.—

2 (A) IN GENERAL.—The study shall examine

3 violence committed against Indian women,

4 including—

5 (i) domestic violence;

6 (ii) dating violence;

7 (iii) sexual assault;

8 (iv) stalking; and

9 (v) murder.

10 (B) EVALUATION.—The study shall evaluate

11 the effectiveness of Federal, State, tribal, and

12 local responses to the violations described in sub13 paragraph (A) committed against Indian

14 women.

15 (C) RECOMMENDATIONS.—The study shall

16 propose recommendations to improve the effec17 tiveness of Federal, State, tribal, and local re18 sponses to the violation described in subpara19 graph (A) committed against Indian women.

20 (3) TASK FORCE.—

21 (A) IN GENERAL.—The Attorney General,

22 acting through the Director of the Office on Vio23 lence Against Women, shall establish a task force

24 to assist in the development and implementation

25 of the study under paragraph (1) and guide im-
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1 plementation of the recommendation in para2 graph (2)(C).

3 (B) MEMBERS.—The Director shall appoint

4 to the task force representatives from—

5 (i) national tribal domestic violence

6 and sexual assault nonprofit organizations;

7 (ii) tribal governments; and

8 (iii) the national tribal organizations.

9 (4) REPORT.—Not later than 2 years after the

10 date of enactment of this Act, the Attorney General

11 shall submit to the Committee on Indian Affairs of

12 the Senate, the Committee on the Judiciary of the

13 Senate, and the Committee on the Judiciary of the

14 House of Representatives a report that describes the

15 study.

16 (5) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated to carry out

18 this section $1,000,000 for each of fiscal years 2007

19 and 2008, to remain available until expended.

20 (b) INJURY STUDY.—

21 (1) IN GENERAL.—The Secretary of Health and

22 Human Services, acting through the Indian Health

23 Service and the Centers for Disease Control and Pre24 vention, shall conduct a study to obtain a national

25 projection of—
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1 (A) the incidence of injuries and homicides

2 resulting from domestic violence, dating violence,

3 sexual assault, or stalking committed against

4 American Indian and Alaska Native women;

5 and

6 (B) the cost of providing health care for the

7 injuries described in subparagraph (A).

8 (2) REPORT.—Not later than 2 years after the

9 date of enactment of this Act, the Secretary of Health

10 and Human Services shall submit to the Committee

11 on Indian Affairs of the Senate, the Committee on the

12 Judiciary of the Senate, and the Committee on the

13 Judiciary of the House of Representatives a report

14 that describes the findings made in the study and rec15 ommends health care strategies for reducing the inci16 dence and cost of the injuries described in paragraph

17 (1).

18 (3) AUTHORIZATION OF APPROPRIATIONS.—

19 There is authorized to be appropriated to carry out

20 this section $500,000 for each of fiscal years 2007 and

21 2008, to remain available until expended.
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1 SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN

2 WOMEN.

3 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

4 DATABASES.—Section 534 of title 28, United States Code,

5 is amended—

6 (1) by redesignating subsection (d) as subsection

7 (e); and

8 (2) by inserting after subsection (c) the fol9 lowing:

10 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The At11 torney General shall permit Indian law enforcement agen12 cies, in cases of domestic violence, dating violence, sexual

13 assault, and stalking, to enter information into Federal

14 criminal information databases and to obtain information

15 from the databases.’’.

16 (b) TRIBAL REGISTRY.—

17 (1) ESTABLISHMENT.—The Attorney General

18 shall contract with any interested Indian tribe, tribal

19 organization, or tribal nonprofit organization to de20 velop and maintain—

21 (A) a national tribal sex offender registry;

22 and

23 (B) a tribal protection order registry con24 taining civil and criminal orders of protection

25 issued by Indian tribes and participating juris26 dictions.
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1 (2) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to carry out

3 this section $1,000,000 for each of fiscal years 2007

4 through 2011, to remain available until expended.

5 SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

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

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

8 3796gg et seq.) is amended by adding at the end the fol9 lowing:

10 ‘‘SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

11 ‘‘(a) GRANTS.—The Attorney General may make

12 grants to Indian tribal governments and tribal organiza13 tions to—

14 ‘‘(1) develop and enhance effective governmental

15 strategies to curtail violent crimes against and in16 crease the safety of Indian women consistent with

17 tribal law and custom;

18 ‘‘(2) increase tribal capacity to respond to do19 mestic violence, dating violence, sexual assault, and

20 stalking crimes against Indian women;

21 ‘‘(3) strengthen tribal justice interventions in22 cluding tribal law enforcement, prosecution, courts,

23 probation, correctional facilities;
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1 ‘‘(4) enhance services to Indian women victim2 ized by domestic violence, dating violence, sexual as3 sault, and stalking;

4 ‘‘(5) work in cooperation with the community to

5 develop education and prevention strategies directed

6 toward issues of domestic violence, dating violence,

7 and stalking programs and to address the needs of

8 children exposed to domestic violence;

9 ‘‘(6) provide programs for supervised visitation

10 and safe visitation exchange of children in situations

11 involving domestic violence, sexual assault, or stalk12 ing committed by one parent against the other with

13 appropriate security measures, policies, and proce14 dures to protect the safety of victims and their chil15 dren; and

16 ‘‘(7) provide transitional housing for victims of

17 domestic violence, dating violence, sexual assault, or

18 stalking, including rental or utilities payments assist19 ance and assistance with related expenses such as se20 curity deposits and other costs incidental to relocation

21 to transitional housing, and support services to enable

22 a victim of domestic violence, dating violence, sexual

23 assault, or stalking to locate and secure permanent

24 housing and integrate into a community.
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1 ‘‘(b) COLLABORATION.—All applicants under this sec2 tion shall demonstrate their proposal was developed in con3 sultation with a nonprofit, nongovernmental Indian victim

4 services program, including sexual assault and domestic vi5 olence victim services providers in the tribal or local com6 munity, or a nonprofit tribal domestic violence and sexual

7 assault coalition to the extent that they exist. In the absence

8 of such a demonstration, the applicant may meet the re9 quirement of this subsection through consultation with

10 women in the community to be served.

11 ‘‘(c) NONEXCLUSIVITY.—The Federal share of a grant

12 made under this section may not exceed 90 percent of the

13 total costs of the project described in the application sub14 mitted, except that the Attorney General may grant a waiv15 er of this match requirement on the basis of demonstrated

16 financial hardship. Funds appropriated for the activities

17 of any agency of an Indian tribal government or of the Bu18 reau of Indian Affairs performing law enforcement func19 tions on any Indian lands may be used to provide the non20 Federal share of the cost of programs or projects funded

21 under this section.’’.

22 (b) AUTHORIZATION OF FUNDS FROM GRANTS TO

23 COMBAT VIOLENT CRIMES AGAINST WOMEN.—Section

24 2007(b)(1) of the Omnibus Crime Control and Safe Streets
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1 Act of 1968 (42 U.S.C. 3796gg–1(b)(1)) is amended to read

2 as follows:

3 ‘‘(1) Ten percent shall be available for grants

4 under the program authorized in section 2007. The

5 requirements of this part shall not apply to funds al6 located for such program.’’.

7 (c) AUTHORIZATION OF FUNDS FROM GRANTS TO EN8 COURAGE STATE POLICIES AND ENFORCEMENT OF PRO9 TECTION ORDERS PROGRAM.—Section 2101 of the Omnibus

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

11 3796hh) is amended by striking subsection (e) and inserting

12 the following:

13 ‘‘(e) Not less than 10 percent of the total amount avail14 able under this section for each fiscal year shall be available

15 for grants under the program authorized in section 2007.

16 The requirements of this part shall not apply to funds allo17 cated for such program.’’.

18 (d) AUTHORIZATION OF FUNDS FROM RURAL DOMES19 TIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSIST20 ANCE GRANTS.—Subsection 40295(c) of the Violence

21 Against Women Act of 1994 (42 U.S.C. 13971(c)(3)) is

22 amended by striking paragraph (3) and inserting the fol23 lowing:

24 ‘‘(3) Not less than 10 percent of the total amount

25 available under this section for each fiscal year shall
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1 be available for grants under the program authorized

2 in section 2007 of the Omnibus Crime Control and

3 Safe Streets Act of 1968. The requirements of this

4 paragraph shall not apply to funds allocated for such

5 program.’’.

6 (e) AUTHORIZATION OF FUNDS FROM THE SAFE HA7 VENS FOR CHILDREN PROGRAM.—Section 1301 of the Vio8 lence Against Women Act of 2000 (42 U.S.C. 10420) is

9 amended by striking subsection (f) and inserting the fol10 lowing:

11 ‘‘(f) Not less than 10 percent of the total amount avail12 able under this section for each fiscal year shall be available

13 for grants under the program authorized in section 2007

14 of the Omnibus Crime Control and Safe Streets Act of 1968.

15 The requirements of this subsection shall not apply to funds

16 allocated for such program.’’.

17 (f) AUTHORIZATION OF FUNDS FROM THE TRANSI18 TIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS

19 OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT

20 PROGRAM.—Section 40299(g) of the Violence Against

21 Women Act of 1994 (42 U.S.C. 13975(g)) is amended by

22 adding at the end the following:

23 ‘‘(4) TRIBAL PROGRAM.—Not less than 10 per24 cent of the total amount available under this section

25 for each fiscal year shall be available for grants under
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1 the program authorized in section 2007 of the Omni2 bus Crime Control and Safe Streets Act of 1968. The

3 requirements of this paragraph shall not apply to

4 funds allocated for such program.’’.

5 (g) AUTHORIZATION OF FUNDS FROM THE LEGAL AS6 SISTANCE FOR VICTIMS IMPROVEMENTS PROGRAM.—Sec7 tion 1201(f) of the Violence Against Women Act of 2000

8 (42 U.S.C. 3796gg–6) is amended by adding at the end the

9 following:

10 ‘‘(4) Not less than 10 percent of the total amount

11 available under this section for each fiscal year shall

12 be available for grants under the program authorized

13 in section 2007 of the Omnibus Crime Control and

14 Safe Streets Act of 1968. The requirements of this

15 paragraph shall not apply to funds allocated for such

16 program.’’.

17 SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE

18 AGAINST WOMEN.

19 Part T of title I of the Omnibus Crime Control and

20 Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.), as

21 amended by section 906, is amended by adding at the end

22 the following:
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1 ‘‘SEC. 2008. TRIBAL DEPUTY.

2 ‘‘(a) ESTABLISHMENT.—There is established in the Of3 fice on Violence Against Women a Deputy Director for Trib4 al Affairs.

5 ‘‘(b) DUTIES.—

6 ‘‘(1) IN GENERAL.—The Deputy Director shall

7 under the guidance and authority of the Director of

8 the Office on Violence Against Women—

9 ‘‘(A) oversee and manage the administra10 tion of grants to and contracts with Indian

11 tribes, tribal courts, tribal organizations, or trib12 al nonprofit organizations;

13 ‘‘(B) ensure that, if a grant under this Act

14 or a contract pursuant to such a grant is made

15 to an organization to perform services that ben16 efit more than 1 Indian tribe, the approval of

17 each Indian tribe to be benefitted shall be a pre18 requisite to the making of the grant or letting of

19 the contract;

20 ‘‘(C) coordinate development of Federal pol21 icy, protocols, and guidelines on matters relating

22 to violence against Indian women;

23 ‘‘(D) advise the Director of the Office on Vi24 olence Against Women concerning policies, legis25 lation, implementation of laws, and other issues

26 relating to violence against Indian women;
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1 ‘‘(E) represent the Office on Violence

2 Against Women in the annual consultations

3 under section 903;

4 ‘‘(F) provide technical assistance, coordina5 tion, and support to other offices and bureaus in

6 the Department of Justice to develop policy and

7 to enforce Federal laws relating to violence

8 against Indian women, including through litiga9 tion of civil and criminal actions relating to

10 those laws;

11 ‘‘(G) maintain a liaison with the judicial

12 branches of Federal, State, and tribal govern13 ments on matters relating to violence against In14 dian women;

15 ‘‘(H) support enforcement of tribal protec16 tion orders and implementation of full faith and

17 credit educational projects and comity agree18 ments between Indian tribes and States; and

19 ‘‘(I) ensure that adequate tribal technical

20 assistance is made available to Indian tribes,

21 tribal courts, tribal organizations, and tribal

22 nonprofit organizations for all programs relating

23 to violence against Indian women.

24 ‘‘(c) AUTHORITY.—
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1 ‘‘(1) IN GENERAL.—The Deputy Director shall

2 ensure that a portion of the tribal set-aside funds

3 from any grant awarded under this Act, the Violence

4 Against Women Act of 1994 (title IV of Public Law

5 103–322; 108 Stat. 1902), or the Violence Against

6 Women Act of 2000 (division B of Public Law 106–

7 386; 114 Stat. 1491) is used to enhance the capacity

8 of Indian tribes to address the safety of Indian

9 women.

10 ‘‘(2) ACCOUNTABILITY.—The Deputy Director

11 shall ensure that some portion of the tribal set-aside

12 funds from any grant made under this part is used

13 to hold offenders accountable through—

14 ‘‘(A) enhancement of the response of Indian

15 tribes to crimes of domestic violence, dating vio16 lence, sexual assault, and stalking against In17 dian women, including legal services for victims

18 and Indian-specific offender programs;

19 ‘‘(B) development and maintenance of tribal

20 domestic violence shelters or programs for bat21 tered Indian women, including sexual assault

22 services, that are based upon the unique cir23 cumstances of the Indian women to be served;

24 ‘‘(C) development of tribal educational

25 awareness programs and materials;
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1 ‘‘(D) support for customary tribal activities

2 to strengthen the intolerance of an Indian tribe

3 to violence against Indian women; and

4 ‘‘(E) development, implementation, and

5 maintenance of tribal electronic databases for

6 tribal protection order registries.’’.

7 SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.

8 (a) FIREARMS POSSESSION PROHIBITIONS.—Section

9 921(33)(A)(i) of title 18, United States Code, is amended

10 to read: ‘‘(i) is a misdemeanor under Federal, State, or

11 Tribal law; and’’.

12 (b) LAW ENFORCEMENT AUTHORITY.—Section 4(3) of

13 the Indian Law Enforcement Reform Act (25 U.S.C.

14 2803(3) is amended—

15 (1) in subparagraph (A), by striking ‘‘or’’;

16 (2) in subparagraph (B), by striking the semi17 colon and inserting ‘‘, or’’; and

18 (3) by adding at the end the following:

19 ‘‘(C) the offense is a misdemeanor crime of

20 domestic violence, dating violence, stalking, or

21 violation of a protection order and has, as an

22 element, the use or attempted use of physical

23 force, or the threatened use of a deadly weapon,

24 committed by a current or former spouse, parent,

25 or guardian of the victim, by a person with
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1 whom the victim shares a child in common, by

2 a person who is cohabitating with or has

3 cohabited with the victim as a spouse, parent, or

4 guardian, or by a person similarly situated to a

5 spouse, parent or guardian of the victim, and the

6 employee has reasonable grounds to believe that

7 the person to be arrested has committed, or is

8 committing the crime;’’.

9 SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.

10 Chapter 7 of title 18, United States Code, is amended

11 by adding at the end the following:

12 ‘‘§ 117. Domestic assault by an habitual offender

13 ‘‘(a) IN GENERAL.—Any person who commits a domes14 tic assault within the special maritime and territorial ju15 risdiction of the United States or Indian country and who

16 has a final conviction on at least 2 separate prior occasions

17 in Federal, State, or Indian tribal court proceedings for of18 fenses that would be, if subject to Federal jurisdiction—

19 ‘‘(1) any assault, sexual abuse, or serious violent

20 felony against a spouse or intimate partner; or

21 ‘‘(2) an offense under chapter 110A,

22 shall be fined under this title, imprisoned for a term of not

23 more than 5 years, or both, except that if substantial bodily

24 injury results from violation under this section, the offender

25 shall be imprisoned for a term of not more than 10 years.
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1 ‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section,

2 the term ‘domestic assault’ means an assault committed by

3 a current or former spouse, parent, child, or guardian of

4 the victim, by a person with whom the victim shares a child

5 in common, by a person who is cohabitating with or has

6 cohabitated with the victim as a spouse, parent, child, or

7 guardian, or by a person similarly situated to a spouse,

8 parent, child, or guardian of the victim.’’.

9 TITLE X—DNA FINGERPRINTING

10 SEC. 1001. SHORT TITLE.

11 This title may be cited as the ‘‘DNA Fingerprint Act

12 of 2005’’.

13 SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAM14 PLES FROM NATIONAL DNA INDEX.

15 Section 210304 of the DNA Identification Act of 1994

16 (42 U.S.C. 14132) is amended—

17 (1) in subsection (a)(1)(C), by striking ‘‘DNA

18 profiles’’ and all that follows through ‘‘, and’’;

19 (2) in subsection (d)(1), by striking subpara20 graph (A), and inserting the following:

21 ‘‘(A) The Director of the Federal Bureau of

22 Investigation shall promptly expunge from the

23 index described in subsection (a) the DNA anal24 ysis of a person included in the index—
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1 ‘‘(i) on the basis of conviction for a

2 qualifying Federal offense or a qualifying

3 District of Columbia offense (as determined

4 under sections 3 and 4 of the DNA Analysis

5 Backlog Elimination Act of 2000 (42

6 U.S.C. 14135a, 14135b), respectively), if the

7 Director receives, for each conviction of the

8 person of a qualifying offense, a certified

9 copy of a final court order establishing that

10 such conviction has been overturned; or

11 ‘‘(ii) on the basis of an arrest under

12 the authority of the United States, if the At13 torney General receives, for each charge

14 against the person on the basis of which the

15 analysis was or could have been included in

16 the index, a certified copy of a final court

17 order establishing that such charge has been

18 dismissed or has resulted in an acquittal or

19 that no charge was filed within the applica20 ble time period.’’;

21 (3) in subsection (d)(2)(A)(ii), by striking ‘‘all

22 charges for’’ and all that follows, and inserting the

23 following: ‘‘the responsible agency or official of that

24 State receives, for each charge against the person on

25 the basis of which the analysis was or could have been
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1 included in the index, a certified copy of a final court

2 order establishing that such charge has been dismissed

3 or has resulted in an acquittal or that no charge was

4 filed within the applicable time period.’’; and

5 (4) by striking subsection (e).

6 SEC. 1003. EXPANDED USE OF CODIS GRANTS.

7 Section 2(a)(1) of the DNA Analysis Backlog Elimi8 nation Act of 2000 (42 U.S.C. 14135(a)(1)) is amended by

9 striking ‘‘taken from individuals convicted of a qualifying

10 State offense (as determined under subsection (b)(3))’’ and

11 inserting ‘‘collected under applicable legal authority’’.

12 SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE

13 COLLECTION FROM PERSONS ARRESTED OR

14 DETAINED UNDER FEDERAL AUTHORITY.

15 (a) IN GENERAL.—Section 3 of the DNA Analysis

16 Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is

17 amended—

18 (1) in subsection (a)—

19 (A) in paragraph (1), by striking ‘‘The Di20 rector’’ and inserting the following:

21 ‘‘(A) The Attorney General may, as pre22 scribed by the Attorney General in regulation,

23 collect DNA samples from individuals who are

24 arrested or from non-United States persons who

25 are detained under the authority of the United
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1 States. The Attorney General may delegate this

2 function within the Department of Justice as

3 provided in section 510 of title 28, United States

4 Code, and may also authorize and direct any

5 other agency of the United States that arrests or

6 detains individuals or supervises individuals fac7 ing charges to carry out any function and exer8 cise any power of the Attorney General under

9 this section.

10 ‘‘(B) The Director’’; and

11 (B) in paragraphs (3) and (4), by striking

12 ‘‘Director of the Bureau of Prisons’’ each place

13 it appears and inserting ‘‘Attorney General, the

14 Director of the Bureau of Prisons,’’; and

15 (2) in subsection (b), by striking ‘‘Director of the

16 Bureau of Prisons’’ and inserting ‘‘Attorney General,

17 the Director of the Bureau of Prisons,’’.

18 (b) CONFORMING AMENDMENTS.—Subsections (b) and

19 (c)(1)(A) of section 3142 of title 18, United States Code,

20 are each amended by inserting ‘‘and subject to the condition

21 that the person cooperate in the collection of a DNA sample

22 from the person if the collection of such a sample is author23 ized pursuant to section 3 of the DNA Analysis Backlog

24 Elimination Act of 2000 (42 U.S.C. 14135a)’’ after ‘‘period

25 of release’’.
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1 SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEX2 UAL-ABUSE OFFENSES.

3 Section 3297 of title 18, United States Code, is amend4 ed by striking ‘‘except for a felony offense under chapter

5 109A,’’.

6 TITLE XI—DEPARTMENT OF

7 JUSTICE REAUTHORIZATION

8 Subtitle A—AUTHORIZATION OF

9 APPROPRIATIONS

10 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS FOR FIS11 CAL YEAR 2006.

12 There are authorized to be appropriated for fiscal year

13 2006, to carry out the activities of the Department of Jus14 tice (including any bureau, office, board, division, commis15 sion, subdivision, unit, or other component thereof), the fol16 lowing sums:

17 (1) GENERAL ADMINISTRATION.—For General

18 Administration: $161,407,000.

19 (2) ADMINISTRATIVE REVIEWAND APPEALS.—

20 For Administrative Review and Appeals:

21 $216,286,000 for administration of clemency petitions

22 and for immigration-related activities.

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

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

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

26 emergencies of a confidential character.
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1 (4) GENERAL LEGAL ACTIVITIES.—For General

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

3 (A) not less than $4,000,000 for the inves4 tigation and prosecution of denaturalization and

5 deportation cases involving alleged Nazi war

6 criminals;

7 (B) not less than $15,000,000 for the inves8 tigation and prosecution of violations of title 17

9 of the United States Code;

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

11 emergencies of a confidential character; and

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

13 prosecution of violations of chapter 77 of title 18

14 of the United States Code.

15 (5) ANTITRUST DIVISION.—For the Antitrust Di16 vision: $144,451,000.

17 (6) UNITED STATES ATTORNEYS.—For United

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

19 (7) FEDERAL BUREAU OF INVESTIGATION.—For

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

21 which shall include not to exceed $70,000 to meet un22 foreseen emergencies of a confidential character.

23 (8) UNITED STATES MARSHALS SERVICE.—For

24 the United States Marshals Service: $800,255,000.
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1 (9) FEDERAL PRISON SYSTEM.—For the Federal

2 Prison System, including the National Institute of

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

4 (10) DRUG ENFORCEMENT ADMINISTRATION.—

5 For the Drug Enforcement Administration:

6 $1,716,173,000, which shall include not to exceed

7 $70,000 to meet unforeseen emergencies of a confiden8 tial character.

9 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

10 AND EXPLOSIVES.—For the Bureau of Alcohol, To11 bacco, Firearms and Explosives: $923,613,000.

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

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

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

15 of protected witness safesites.

16 (13) INTERAGENCY CRIME AND DRUG ENFORCE17 MENT.—For Interagency Crime and Drug Enforce18 ment: $661,940,000 for expenses not otherwise pro19 vided for, for the investigation and prosecution of per20 sons involved in organized crime drug trafficking, ex21 cept that any funds obligated from appropriations

22 authorized by this paragraph may be used under au23 thorities available to the organizations reimbursed

24 from such funds.
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1 (14) FOREIGN CLAIMS SETTLEMENT COMMIS2 SION.—For the Foreign Claims Settlement Commis3 sion: $1,270,000.

4 (15) COMMUNITY RELATIONS SERVICE.—For the

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

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

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

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

9 (17) UNITED STATES PAROLE COMMISSION.—For

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

11 (18) FEDERAL DETENTION TRUSTEE.—For the

12 necessary expenses of the Federal Detention Trustee:

13 $1,222,000,000.

14 (19) JUSTICE INFORMATION SHARING TECH15 NOLOGY.—For necessary expenses for information

16 sharing technology, including planning, development,

17 and deployment: $181,490,000.

18 (20) NARROWBAND COMMUNICATIONS.—For the

19 costs of conversion to narrowband communications,

20 including the cost for operation and maintenance of

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

22 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

23 ACTIVITIES.—For the administrative expenses of the

24 Office of Justice Programs, the Office on Violence
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1 Against Women, and Office of Community Oriented

2 Policing Services:

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

4 Programs.

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

6 Against Women.

7 (C) $31,343,000 for the Office of Commu8 nity Oriented Policing Services.

9 SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR FIS10 CAL YEAR 2007.

11 There are authorized to be appropriated for fiscal year

12 2007, to carry out the activities of the Department of Jus13 tice (including any bureau, office, board, division, commis14 sion, subdivision, unit, or other component thereof), the fol15 lowing sums:

16 (1) GENERAL ADMINISTRATION.—For General

17 Administration: $167,863,000.

18 (2) ADMINISTRATIVE REVIEWAND APPEALS.—

19 For Administrative Review and Appeals:

20 $224,937,000 for administration of clemency petitions

21 and for immigration-related activities.

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

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

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

25 emergencies of a confidential character.
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1 (4) GENERAL LEGAL ACTIVITIES.—For General

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

3 (A) not less than $4,000,000 for the inves4 tigation and prosecution of denaturalization and

5 deportation cases involving alleged Nazi war

6 criminals;

7 (B) not less than $15,600,000 for the inves8 tigation and prosecution of violations of title 17

9 of the United States Code;

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

11 emergencies of a confidential character; and

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

13 prosecution of violations of chapter 77 of title 18

14 of the United States Code.

15 (5) ANTITRUST DIVISION.—For the Antitrust Di16 vision: $150,229,000.

17 (6) UNITED STATES ATTORNEYS.—For United

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

19 (7) FEDERAL BUREAU OF INVESTIGATION.—For

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

21 which shall include not to exceed $70,000 to meet un22 foreseen emergencies of a confidential character.

23 (8) UNITED STATES MARSHALS SERVICE.—For

24 the United States Marshals Service: $832,265,000.
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1 (9) FEDERAL PRISON SYSTEM.—For the Federal

2 Prison System, including the National Institute of

3 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 confiden8 tial character.

9 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

10 AND EXPLOSIVES.—For the Bureau of Alcohol, To11 bacco, Firearms and Explosives: $960,558,000.

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

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

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

15 of protected witness safesites.

16 (13) INTERAGENCY CRIME AND DRUG ENFORCE17 MENT.—For Interagency Crime and Drug Enforce18 ment: $688,418,000, for expenses not otherwise pro19 vided for, for the investigation and prosecution of per20 sons involved in organized crime drug trafficking, ex21 cept that any funds obligated from appropriations

22 authorized by this paragraph may be used under au23 thorities available to the organizations reimbursed

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

4 (15) COMMUNITY RELATIONS SERVICE.—For the

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

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

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

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

9 (17) UNITED STATES PAROLE COMMISSION.—For

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

11 (18) FEDERAL DETENTION TRUSTEE.—For the

12 necessary expenses of the Federal Detention Trustee:

13 $1,405,300,000.

14 (19) JUSTICE INFORMATION SHARING TECH15 NOLOGY.—For necessary expenses for information

16 sharing technology, including planning, development,

17 and deployment: $188,750,000.

18 (20) NARROWBAND COMMUNICATIONS.—For the

19 costs of conversion to narrowband communications,

20 including the cost for operation and maintenance of

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

22 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

23 ACTIVITIES.—For the administrative expenses of the

24 Office of Justice Programs, the Office on Violence
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1 Against Women, and the Office of Community Ori2 ented Policing Services:

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

4 Programs.

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

6 Against Women.

7 (C) $32,597,000 for the Office of Commu8 nity Oriented Policing Services.

9 SEC. 1103. AUTHORIZATION OF APPROPRIATIONS FOR FIS10 CAL YEAR 2008.

11 There are authorized to be appropriated for fiscal year

12 2008, to carry out the activities of the Department of Jus13 tice (including any bureau, office, board, division, commis14 sion, subdivision, unit, or other component thereof), the fol15 lowing sums:

16 (1) GENERAL ADMINISTRATION.—For General

17 Administration: $174,578,000.

18 (2) ADMINISTRATIVE REVIEWAND APPEALS.—

19 For Administrative Review and Appeals:

20 $233,934,000 for administration of clemency petitions

21 and for immigration-related activities.

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

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

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

25 emergencies of a confidential character.
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1 (4) GENERAL LEGAL ACTIVITIES.—For General

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

3 (A) not less than $4,000,000 for the inves4 tigation and prosecution of denaturalization and

5 deportation cases involving alleged Nazi war

6 criminals;

7 (B) not less than $16,224,000 for the inves8 tigation and prosecution of violations of title 17

9 of the United States Code;

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

11 emergencies of a confidential character; and

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

13 prosecution of violations of chapter 77 of title 18

14 of the United States Code.

15 (5) ANTITRUST DIVISION.—For the Antitrust Di16 vision: $156,238,000.

17 (6) UNITED STATES ATTORNEYS.—For United

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

19 (7) FEDERAL BUREAU OF INVESTIGATION.—For

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

21 which shall include not to exceed $70,000 to meet un22 foreseen emergencies of a confidential character.

23 (8) UNITED STATES MARSHALS SERVICE.—For

24 the United States Marshals Service: $865,556,000.
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1 (9) FEDERAL PRISON SYSTEM.—For the Federal

2 Prison System, including the National Institute of

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

4 (10) DRUG ENFORCEMENT ADMINISTRATION.—

5 For the Drug Enforcement Administration:

6 $1,856,213,000, which shall include not to exceed

7 $70,000 to meet unforeseen emergencies of a confiden8 tial character.

9 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

10 AND EXPLOSIVES.—For the Bureau of Alcohol, To11 bacco, Firearms and Explosives: $998,980,000.

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

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

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

15 of protected witness safesites.

16 (13) INTERAGENCY CRIME AND DRUG ENFORCE17 MENT.—For Interagency Crime and Drug Enforce18 ment: $715,955,000, for expenses not otherwise pro19 vided for, for the investigation and prosecution of per20 sons involved in organized crime drug trafficking, ex21 cept that any funds obligated from appropriations

22 authorized by this paragraph may be used under au23 thorities available to the organizations reimbursed

24 from such funds.
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1 (14) FOREIGN CLAIMS SETTLEMENT COMMIS2 SION.—For the Foreign Claims Settlement Commis3 sion: $1,374,000.

4 (15) COMMUNITY RELATIONS SERVICE.—For the

5 Community Relations Service: $10,555,000.

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

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

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

9 (17) UNITED STATES PAROLE COMMISSION.—For

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

11 (18) FEDERAL DETENTION TRUSTEE.—For the

12 necessary expenses of the Federal Detention Trustee:

13 $1,616,095,000.

14 (19) JUSTICE INFORMATION SHARING TECH15 NOLOGY.—For necessary expenses for information

16 sharing technology, including planning, development,

17 and deployment: $196,300,000.

18 (20) NARROWBAND COMMUNICATIONS.—For the

19 costs of conversion to narrowband communications,

20 including the cost for operation and maintenance of

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

22 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

23 ACTIVITIES.—For the administrative expenses of the

24 Office of Justice Programs, the Office on Violence
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1 Against Women, and the Office of Community Ori2 ented Policing Services:

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

4 Programs.

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

6 Against Women.

7 (C) $33,901,000 for the Office of Commu8 nity Oriented Policing Services.

9 SEC. 1104. AUTHORIZATION OF APPROPRIATIONS FOR FIS10 CAL YEAR 2009.

11 There are authorized to be appropriated for fiscal year

12 2009, to carry out the activities of the Department of Jus13 tice (including any bureau, office, board, division, commis14 sion, subdivision, unit, or other component thereof), the fol15 lowing sums:

16 (1) GENERAL ADMINISTRATION.—For General

17 Administration: $181,561,000.

18 (2) ADMINISTRATIVE REVIEWAND APPEALS.—

19 For Administrative Review and Appeals:

20 $243,291,000 for administration of pardon and clem21 ency petitions and for immigration-related activities.

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

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

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

25 emergencies of a confidential character.
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1 (4) GENERAL LEGAL ACTIVITIES.—For General

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

3 (A) not less than $4,000,000 for the inves4 tigation and prosecution of denaturalization and

5 deportation cases involving alleged Nazi war

6 criminals;

7 (B) not less than $16,872,000 for the inves8 tigation and prosecution of violations of title 17

9 of the United States Code;

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

11 emergencies of a confidential character; and

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

13 prosecution of violations of chapter 77 of title 18

14 of the United States Code.

15 (5) ANTITRUST DIVISION.—For the Antitrust Di16 vision: $162,488,000.

17 (6) UNITED STATES ATTORNEYS.—For United

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

19 (7) FEDERAL BUREAU OF INVESTIGATION.—For

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

21 which shall include not to exceed $70,000 to meet un22 foreseen emergencies of a confidential character.

23 (8) UNITED STATES MARSHALS SERVICE.—For

24 the United States Marshals Service: $900,178,000.
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1 (9) FEDERAL PRISON SYSTEM.—For the Federal

2 Prison System, including the National Institute of

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

4 (10) DRUG ENFORCEMENT ADMINISTRATION.—

5 For the Drug Enforcement Administration:

6 $1,930,462,000, which shall include not to exceed

7 $70,000 to meet unforeseen emergencies of a confiden8 tial character.

9 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

10 AND EXPLOSIVES.—For the Bureau of Alcohol, To11 bacco, Firearms and Explosives: $1,038,939,000.

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

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

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

15 of protected witness safesites.

16 (13) INTERAGENCY CRIME AND DRUG ENFORCE17 MENT.—For Interagency Crime and Drug Enforce18 ment: $744,593,000, for expenses not otherwise pro19 vided for, for the investigation and prosecution of per20 sons involved in organized crime drug trafficking, ex21 cept that any funds obligated from appropriations

22 authorized by this paragraph may be used under au23 thorities available to the organizations reimbursed

24 from such funds.
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1 (14) FOREIGN CLAIMS SETTLEMENT COMMIS2 SION.—For the Foreign Claims Settlement Commis3 sion: $1,429,000.

4 (15) COMMUNITY RELATIONS SERVICE.—For the

5 Community Relations Service: $10,977,000.

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

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

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

9 (17) UNITED STATES PAROLE COMMISSION.—For

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

11 (18) FEDERAL DETENTION TRUSTEE.—For the

12 necessary expenses of the Federal Detention Trustee:

13 $1,858,509,000.

14 (19) JUSTICE INFORMATION SHARING TECH15 NOLOGY.—For necessary expenses for information

16 sharing technology, including planning, development,

17 and deployment: $204,152,000.

18 (20) NARROWBAND COMMUNICATIONS.—For the

19 costs of conversion to narrowband communications,

20 including the cost for operation and maintenance of

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

22 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

23 ACTIVITIES.—For the administrative expenses of the

24 Office of Justice Programs, the Office on Violence
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1 Against Women, and the Office of Community Ori2 ented Policing Services:

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

4 Programs.

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

6 Against Women.

7 (C) $35,257,000 for the Office of Commu8 nity Oriented Policing Services.

9 SEC. 1105. ORGANIZED RETAIL THEFT.

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

11 the Federal Bureau of Investigation, in consultation with

12 the retail community, shall establish a task force to combat

13 organized retail theft and provide expertise to the retail

14 community for the establishment of a national database or

15 clearinghouse housed and maintained in the private sector

16 to track and identify where organized retail theft type

17 crimes are being committed in the United Sates. The na18 tional database shall allow Federal, State, and local law

19 enforcement officials as well as authorized retail companies

20 (and authorized associated retail databases) to transmit in21 formation into the database electronically and to review in22 formation that has been submitted electronically.

23 (2) The Attorney General shall make available funds

24 to provide for the ongoing administrative and technological
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1 costs to federal law enforcement agencies participating in

2 the database project.

3 (3) The Attorney General through the Bureau of Jus4 tice Assistance in the Office of Justice may make grants

5 to help provide for the administrative and technological

6 costs to State and local law enforcement agencies partici7 pating in the data base project.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated for each of fiscal years 2006

10 through 2009, $5,000,000 for educating and training fed11 eral law enforcement regarding organized retail theft, for

12 investigating, apprehending and prosecuting individuals

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

14 private sector to establish and utilize the database described

15 in subsection (a).

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

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

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

19 merchandise theft or shoplifting, if the violation con20 sists of the theft of quantities of items that would not

21 normally be purchased for personal use or consump22 tion and for the purpose of reselling the items or for

23 reentering the items into commerce;

24 (2) the receipt, possession, concealment, bar25 tering, sale, transport, or disposal of any property
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1 that is know or should be known to have been taken

2 in violation of paragraph (1); or

3 (3) the coordination, organization, or recruit4 ment of persons to undertake the conduct described in

5 paragraph (1) or (2).

6 SEC. 1106. UNITED STATES-MEXICO BORDER VIOLENCE

7 TASK FORCE.

8 (a) TASK FORCE.—(1) The Attorney General shall es9 tablish the United States-Mexico Border Violence Task

10 Force in Laredo, Texas, to combat drug and firearms traf11 ficking, violence, and kidnapping along the border between

12 the United States and Mexico and to provide expertise to

13 the law enforcement and homeland security agencies along

14 the border between the United States and Mexico. The Task

15 Force shall include personnel from the Bureau of Alcohol,

16 Tobacco, Firearms, and Explosives, Immigration and Cus17 toms Enforcement, the Drug Enforcement Administration,

18 Customs and Border Protection, other Federal agencies (as

19 appropriate), the Texas Department of Public Safety, and

20 local law enforcement agencies.

21 (2) The Attorney General shall make available funds

22 to provide for the ongoing administrative and technological

23 costs to Federal, State, and local law enforcement agencies

24 participating in the Task Force.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated $10,000,000 for each of the

3 fiscal years 2006 through 2009, for—

4 (1) the establishment and operation of the

5 United States-Mexico Border Violence Task Force;

6 and

7 (2) the investigation, apprehension, and prosecu8 tion of individuals engaged in drug and firearms

9 trafficking, violence, and kidnapping along the border

10 between the United States and Mexico.

11 SEC. 1107. NATIONAL GANG INTELLIGENCE CENTER.

12 (a) ESTABLISHMENT.—The Attorney General shall es13 tablish a National Gang Intelligence Center and gang infor14 mation database to be housed at and administered by the

15 Federal Bureau of Investigation to collect, analyze, and dis16 seminate gang activity information from—

17 (1) the Federal Bureau of Investigation;

18 (2) the Bureau of Alcohol, Tobacco, Firearms,

19 and Explosives;

20 (3) the Drug Enforcement Administration;

21 (4) the Bureau of Prisons;

22 (5) the United States Marshals Service;

23 (6) the Directorate of Border and Transportation

24 Security of the Department of Homeland Security;
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1 (7) the Department of Housing and Urban De2 velopment;

3 (8) State and local law enforcement;

4 (9) Federal, State, and local prosecutors;

5 (10) Federal, State, and local probation and pa6 role offices;

7 (11) Federal, State, and local prisons and jails;

8 and

9 (12) any other entity as appropriate.

10 (b) INFORMATION.—The Center established under sub11 section (a) shall make available the information referred to

12 in subsection (a) to—

13 (1) Federal, State, and local law enforcement

14 agencies;

15 (2) Federal, State, and local corrections agencies

16 and penal institutions;

17 (3) Federal, State, and local prosecutorial agen18 cies; and

19 (4) any other entity as appropriate.

20 (c) ANNUAL REPORT.—The Center established under

21 subsection (a) shall annually submit to Congress a report

22 on gang activity.

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

24 authorized to be appropriated to carry out this section
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1 $10,000,000 for fiscal year 2006 and for each fiscal year

2 thereafter.

3 Subtitle B—IMPROVING THE DE4 PARTMENT OF JUSTICE’S

5 GRANT PROGRAMS

6 CHAPTER 1—ASSISTING LAW ENFORCE7 MENT AND CRIMINAL JUSTICE AGEN8 CIES

9 SEC. 1111. MERGER OF BYRNE GRANT PROGRAM AND

10 LOCAL LAW ENFORCEMENT BLOCK GRANT

11 PROGRAM.

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

13 Crime Control and Safe Streets Act of 1968 is amended

14 as follows:

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

16 3759) is repealed.

17 (2) Such part is further amended—

18 (A) by inserting before section 500 (42

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

20 ‘‘Subpart 1—Edward Byrne Memorial Justice

21 Assistance Grant Program’’;

22 (B) by amending section 500 to read as fol23 lows:
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1 ‘‘SEC. 500. NAME OF PROGRAM.

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

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

4 Memorial Justice Assistance Grant Program’.

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

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

7 record of the United States to the Edward Byrne Memorial

8 State and Local Law Enforcement Assistance Programs, or

9 to the Local Government Law Enforcement Block Grants

10 program, shall be deemed to be a reference to the grant pro11 gram referred to in subsection (a).

12 ‘‘(2) Any reference in a law, regulation, document,

13 paper, or other record of the United States to section 506

14 of this Act as such section was in effect on the date of the

15 enactment of the Department of Justice Appropriations Au16 thorization Act, Fiscal Years 2006 through 2009, shall be

17 deemed to be a reference to section 505(a) of this Act as

18 amended by the Department of Justice Appropriations Au19 thorization Act, Fiscal Years 2006 through 2009.’’; and

20 (C) by inserting after section 500 the fol21 lowing new sections:

22 ‘‘SEC. 501. DESCRIPTION.

23 ‘‘(a) GRANTS AUTHORIZED.—

24 ‘‘(1) IN GENERAL.—From amounts made avail25 able to carry out this subpart, the Attorney General

26 may, in accordance with the formula established
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1 under section 505, make grants to States and units

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

3 local government to provide additional personnel,

4 equipment, supplies, contractual support, training,

5 technical assistance, and information systems for

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

7 following programs:

8 ‘‘(A) Law enforcement programs.

9 ‘‘(B) Prosecution and court programs.

10 ‘‘(C) Prevention and education programs.

11 ‘‘(D) Corrections and community correc12 tions programs.

13 ‘‘(E) Drug treatment and enforcement pro14 grams.

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

16 improvement programs.

17 ‘‘(G) Crime victim and witness programs

18 (other than compensation).

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

20 shall be construed to ensure that a grant under that

21 paragraph may be used for any purpose for which a

22 grant was authorized to be used under either or both

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

24 programs were in effect immediately before the enact25 ment of this paragraph.
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1 ‘‘(b) CONTRACTS AND SUBAWARDS.—A State or unit

2 of local government may, in using a grant under this sub3 part for purposes authorized by subsection (a), use all or

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

5 more subawards to one or more—

6 ‘‘(1) neighborhood or community-based organiza7 tions that are private and nonprofit;

8 ‘‘(2) units of local government; or

9 ‘‘(3) tribal governments.

10 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIVER.—

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

12 shall contain a program assessment component, devel13 oped pursuant to guidelines established by the Attor14 ney General, in coordination with the National Insti15 tute of Justice.

16 ‘‘(2) The Attorney General may waive the re17 quirement of paragraph (1) with respect to a program

18 if, in the opinion of the Attorney General, the pro19 gram is not of sufficient size to justify a full program

20 assessment.

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

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

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

24 following matters:
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1 ‘‘(1) Any security enhancements or any equip2 ment to any nongovernmental entity that is not en3 gaged in criminal justice or public safety.

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

5 extraordinary and exigent circumstances exist that

6 make the use of such funds to provide such matters

7 essential to the maintenance of public safety and good

8 order—

9 ‘‘(A) vehicles (excluding police cruisers),

10 vessels (excluding police boats), or aircraft (ex11 cluding police helicopters);

12 ‘‘(B) luxury items;

13 ‘‘(C) real estate;

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

15 or correctional institutions); or

16 ‘‘(E) any similar matters.

17 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 per18 cent of a grant made under this subpart may be used for

19 costs incurred to administer such grant.

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

21 subpart shall be four years, except that renewals and exten22 sions beyond that period may be granted at the discretion

23 of the Attorney General.

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

25 shall not be construed to prohibit the use, directly or indi-
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1 rectly, of funds provided under this subpart to provide secu2 rity at a public event, such as a political convention or

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

4 under applicable laws and procedures.

5 ‘‘SEC. 502. APPLICATIONS.

6 ‘‘To request a grant under this subpart, the chief execu7 tive officer of a State or unit of local government shall sub8 mit an application to the Attorney General within 90 days

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

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

11 General may require. Such application shall include the fol12 lowing:

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

14 available under this subpart will not be used to sup15 plant State or local funds, but will be used to increase

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

17 of Federal funds, be made available for law enforce18 ment activities.

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

20 before the application (or any amendment to the ap21 plication) was submitted to the Attorney General, the

22 application (or amendment) was submitted for review

23 to the governing body of the State or unit of local gov24 ernment (or to an organization designated by that

25 governing body).
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1 ‘‘(3) An assurance that, before the application

2 (or any amendment to the application) was submitted

3 to the Attorney General—

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

5 made public; and

6 ‘‘(B) an opportunity to comment on the ap7 plication (or amendment) was provided to citi8 zens and to neighborhood or community-based

9 organizations, to the extent applicable law or es10 tablished procedure makes such an opportunity

11 available.

12 ‘‘(4) An assurance that, for each fiscal year cov13 ered by an application, the applicant shall maintain

14 and report such data, records, and information (pro15 grammatic and financial) as the Attorney General

16 may reasonably require.

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

18 to the Attorney General and executed by the chief ex19 ecutive officer of the applicant (or by another officer

20 of the applicant, if qualified under regulations pro21 mulgated by the Attorney General), that—

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

23 meet all the requirements of this subpart;

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

25 application is correct;
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1 ‘‘(C) there has been appropriate coordina2 tion with affected agencies; and

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

4 provisions of this subpart and all other applica5 ble Federal laws.

6 ‘‘SEC. 503. REVIEW OF APPLICATIONS.

7 ‘‘The Attorney General shall not finally disapprove

8 any application (or any amendment to that application)

9 submitted under this subpart without first affording the ap10 plicant reasonable notice of any deficiencies in the applica11 tion and opportunity for correction and reconsideration.

12 ‘‘SEC. 504. RULES.

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

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

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

16 made available to carry out this subpart.

17 ‘‘SEC. 505. FORMULA.

18 ‘‘(a) ALLOCATION AMONG STATES.—

19 ‘‘(1) IN GENERAL.—Of the total amount appro20 priated for this subpart, the Attorney General shall,

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

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

23 to each State in amounts that bear the same

24 ratio of—
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1 ‘‘(i) the total population of a State

2 to—

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

4 States; and

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

6 to each State in amounts that bear the same

7 ratio of—

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

9 1 violent crimes of the Uniform Crime Re10 ports of the Federal Bureau of Investigation

11 reported by such State for the three most re12 cent years reported by such State to—

13 ‘‘(ii) the average annual number of

14 such crimes reported by all States for such

15 years.

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

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

18 allocation less than 0.25 percent of the total amount

19 (in this paragraph referred to as a ‘minimum alloca20 tion State’), then paragraph (1), as so carried out,

21 shall not apply, and the Attorney General shall

22 instead—

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

24 amount to each State; and
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1 ‘‘(B) using the amount remaining after car2 rying out subparagraph (A), carry out para3 graph (1) in a manner that excludes each min4 imum allocation State, including the population

5 of and the crimes reported by such State.

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

7 LOCAL GOVERNMENT.—Of the amounts allocated under

8 subsection (a)—

9 ‘‘(1) 60 percent shall be for direct grants to

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

11 ‘‘(2) 40 percent shall be for grants to be allocated

12 under subsection (d).

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

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

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

16 purposes described in section 501 an amount that

17 bears the same ratio of—

18 ‘‘(A) total expenditures on criminal justice

19 by the State government in the most recently

20 completed fiscal year to—

21 ‘‘(B) the total expenditure on criminal jus22 tice by the State government and units of local

23 government within the State in such year.

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

25 in subsection (e)(1), any amounts remaining after the
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1 allocation required by paragraph (1) shall be made

2 available to units of local government by the State for

3 the purposes described in section 501.

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

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

6 under subsection (b)(2), grants for the purposes de7 scribed in section 501 shall be made directly to units

8 of local government within each State in accordance

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

10 ‘‘(2) ALLOCATION.—

11 ‘‘(A) IN GENERAL.—From the amounts re12 ferred to in paragraph (1) with respect to a

13 State (in this subsection referred to as the ‘local

14 amount’), the Attorney General shall allocate to

15 each unit of local government an amount which

16 bears the same ratio to such share as the average

17 annual number of part 1 violent crimes reported

18 by such unit to the Federal Bureau of Investiga19 tion for the 3 most recent calendar years for

20 which such data is available bears to the number

21 of part 1 violent crimes reported by all units of

22 local government in the State in which the unit

23 is located to the Federal Bureau of Investigation

24 for such years.
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1 ‘‘(B) TRANSITIONAL RULE.—Notwith2 standing subparagraph (A), for fiscal years

3 2006, 2007, and 2008, the Attorney General shall

4 allocate the local amount to units of local gov5 ernment in the same manner that, under the

6 Local Government Law Enforcement Block

7 Grants program in effect immediately before the

8 date of the enactment of this section, the reserved

9 amount was allocated among reporting and non10 reporting units of local government.

11 ‘‘(3) ANNEXED UNITS.—If a unit of local govern12 ment in the State has been annexed since the date of

13 the collection of the data used by the Attorney General

14 in making allocations pursuant to this section, the

15 Attorney General shall pay the amount that would

16 have been allocated to such unit of local government

17 to the unit of local government that annexed it.

18 ‘‘(4) RESOLUTION OF DISPARATE ALLOCA19 TIONS.—(A) Notwithstanding any other provision of

20 this subpart, if—

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

22 unit of local government bears more than 50 per23 cent of the costs of prosecution or incarceration

24 that arise with respect to part 1 violent crimes
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1 reported by a specified geographically con2 stituent unit of local government; and

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

4 funds allocated under this section to—

5 ‘‘(I) any one such specified geographi6 cally constituent unit of local government

7 exceeds 150 percent of the amount allocated

8 to the unit of local government certified

9 pursuant to clause (i); or

10 ‘‘(II) more than one such specified geo11 graphically constituent unit of local govern12 ment exceeds 400 percent of the amount al13 located to the unit of local government cer14 tified pursuant to clause (i),

15 then in order to qualify for payment under this sub16 section, the unit of local government certified pursu17 ant to clause (i), together with any such specified geo18 graphically constituent units of local government de19 scribed in clause (ii), shall submit to the Attorney

20 General a joint application for the aggregate of funds

21 allocated to such units of local government. Such ap22 plication shall specify the amount of such funds that

23 are to be distributed to each of the units of local gov24 ernment and the purposes for which such funds are

25 to be used. The units of local government involved
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1 may establish a joint local advisory board for the

2 purposes of carrying out this paragraph.

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

4 constituent unit of local government’ means a unit of

5 local government that has jurisdiction over areas lo6 cated within the boundaries of an area over which a

7 unit of local government certified pursuant to clause

8 (i) has jurisdiction.

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

10 LOCAL GOVERNMENT.—

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

12 government shall receive a total allocation under this

13 section that exceeds such unit’s total expenditures on

14 criminal justice services for the most recently com15 pleted fiscal year for which data are available. Any

16 amount in excess of such total expenditures shall be

17 allocated proportionally among units of local govern18 ment whose allocations under this section do not ex19 ceed their total expenditures on such services.

20 ‘‘(2) ALLOCATIONS UNDER $10,000.—If the alloca21 tion under this section to a unit of local government

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

23 grant to the State under subsection (c) shall be in24 creased by the amount of such allocation, to be dis25 tributed (for the purposes described in section 501)
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1 among State police departments that provide crimi2 nal justice services to units of local government and

3 units of local government whose allocation under this

4 section is less than $10,000.

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

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

7 government that has not reported at least three years

8 of data on part 1 violent crimes of the Uniform

9 Crime Reports to the Federal Bureau of Investigation

10 within the immediately preceding 10 years.

11 ‘‘(f) FUNDS NOT USED BY THE STATE.—If the Attor12 ney General determines, on the basis of information avail13 able during any grant period, that any allocation (or por14 tion thereof) under this section to a State for such grant

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

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

17 State chooses not to participate in the program established

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

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

20 of local government, or combinations thereof, within such

21 State, giving priority to those jurisdictions with the highest

22 annual number of part 1 violent crimes of the Uniform

23 Crime Reports reported by the unit of local government to

24 the Federal Bureau of Investigation for the three most re25 cent calendar years for which such data are available.
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1 ‘‘(g) SPECIAL RULES FOR PUERTO RICO.—

2 ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON3 WEALTH GOVERNMENT.—Notwithstanding any other

4 provision of this subpart, the amounts allocated under

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

6 direct grants to the Commonwealth government of

7 Puerto Rico.

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

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

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

11 In carrying out this section with respect to the State of Lou12 isiana, the term ‘unit of local government’ means a district

13 attorney or a parish sheriff.

14 ‘‘SEC. 506. RESERVED FUNDS.

15 ‘‘(a) Of the total amount made available to carry out

16 this subpart for a fiscal year, the Attorney General shall

17 reserve not more than—

18 ‘‘(1) $20,000,000, for use by the National Insti19 tute of Justice in assisting units of local government

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

21 new technologies for use by law enforcement, of which

22 $1,000,000 shall be for use by the Bureau of Justice

23 Statistics to collect data necessary for carrying out

24 this subpart; and
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1 ‘‘(2) $20,000,000, to be granted by the Attorney

2 General to States and units of local government to de3 velop and implement antiterrorism training pro4 grams.

5 ‘‘(b) Of the total amount made available to carry out

6 this subpart for a fiscal year, the Attorney General may

7 reserve not more than 5 percent, to be granted to 1 or more

8 States or units of local government, for 1 or more of the

9 purposes specified in section 501, pursuant to his deter10 mination that the same is necessary—

11 ‘‘(1) to combat, address, or otherwise respond to

12 precipitous or extraordinary increases in crime, or in

13 a type or types of crime; or

14 ‘‘(2) to prevent, compensate for, or mitigate sig15 nificant programmatic harm resulting from operation

16 of the formula established under section 505.

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

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

19 local government shall establish a trust fund in which to

20 deposit amounts received under this subpart.

21 ‘‘(b) EXPENDITURES.—

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

23 this subpart (including interest on such amount) shall

24 be expended before the date on which the grant period

25 expires.
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1 ‘‘(2) REPAYMENT.—A State or unit of local gov2 ernment that fails to expend an entire amount (in3 cluding interest on such amount) as required by

4 paragraph (1) shall repay the unexpended portion to

5 the Attorney General not later than 3 months after

6 the date on which the grant period expires.

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

8 State or unit of local government fails to comply with

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

10 reduce amounts to be provided to that State or unit

11 of local government accordingly.

12 ‘‘(c) REPAID AMOUNTS.—Amounts received as repay13 ments under this section shall be subject to section 108 of

14 this title as if such amounts had not been granted and re15 paid. Such amounts shall be deposited in the Treasury in

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

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

18 carry out this subpart.

19 ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

23 through 2009.’’.

24 (b) REPEALS OF CERTAIN AUTHORITIES RELATING TO

25 BYRNE GRANTS.—
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1 (1) DISCRETIONARY GRANTS TO PUBLIC AND PRI2 VATE ENTITIES.—Chapter A of subpart 2 of Part E

3 of title I of the Omnibus Crime Control and Safe

4 Streets Act of 1968 (42 U.S.C. 3760–3762) is re5 pealed.

6 (2) TARGETED GRANTS TO CURB MOTOR VEHI7 CLE THEFT.—Subtitle B of title I of the Anti Car

8 Theft Act of 1992 (42 U.S.C. 3750a–3750d) is re9 pealed.

10 (c) CONFORMING AMENDMENTS.—

11 (1) CRIME IDENTIFICATION TECHNOLOGY ACT.—

12 Subsection (c)(2)(G) of section 102 of the Crime Iden13 tification Technology Act of 1998 (42 U.S.C. 14601)

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

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

16 as the Edward Byrne Justice Assistance Grant Pro17 gram and the M.O.R.E. program’’.

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

19 Crime Control and Safe Streets Act of 1968 is

20 amended—

21 (A) in section 517 (42 U.S.C. 3763), in sub22 section (a)(1), by striking ‘‘pursuant to section

23 511 or 515’’ and inserting ‘‘pursuant to section

24 515’’;

25 (B) in section 520 (42 U.S.C. 3766)—
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1 (i) in subsection (a)(1), by striking

2 ‘‘the program evaluations as required by

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

4 ‘‘program evaluations’’;

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

6 ‘‘evaluations of programs funded under sec7 tion 506 (formula grants) and sections 511

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

9 and inserting ‘‘evaluations of programs

10 funded under section 505 (formula grants)

11 and section 515 (discretionary grants) of

12 this part’’; and

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

14 ‘‘programs funded under section 506 (for15 mula grants) and section 511 (discretionary

16 grants)’’ and inserting ‘‘programs funded

17 under section 505 (formula grants)’’;

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

19 (i) in subsection (a), in the matter pre20 ceding paragraph (1), by striking ‘‘section

21 506’’ and inserting ‘‘section 505’’; and

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

23 ‘‘an assessment of the impact of such activi24 ties on meeting the needs identified in the

25 State strategy submitted under section 503’’
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1 and inserting ‘‘an assessment of the impact

2 of such activities on meeting the purposes of

3 subpart 1’’;

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

5 in the matter following paragraph (5)—

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

7 501 of this title’’ and inserting ‘‘the pur8 poses of such subpart 1’’; and

9 (ii) by striking ‘‘the application sub10 mitted pursuant to section 503 of this title.’’

11 and inserting ‘‘the application submitted

12 pursuant to section 502 of this title. Such

13 report shall include details identifying each

14 applicant that used any funds to purchase

15 any cruiser, boat, or helicopter and, with

16 respect to such applicant, specifying both

17 the amount of funds used by such applicant

18 for each purchase of any cruiser, boat, or

19 helicopter and a justification of each such

20 purchase (and the Bureau of Justice Assist21 ance shall submit to the Committee of the

22 Judiciary of the House of Representatives

23 and the Committee of the Judiciary of the

24 Senate, promptly after preparation of such

25 report a written copy of the portion of such
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1 report containing the information required

2 by this sentence).’’;

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

4 striking ‘‘the State office described in section 507

5 or 1408’’ and inserting ‘‘the State office respon6 sible for the trust fund required by section 507,

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

8 (F) in section 901 (42 U.S.C. 3791), in sub9 section (a)(2), by striking ‘‘for the purposes of

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

11 of section 505(a)’’;

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

13 (i) in paragraph (1), by striking ‘‘sec14 tion 506(a)’’ and inserting ‘‘section

15 505(a)’’;

16 (ii) in paragraph (2)—

17 (I) by striking ‘‘section 503(a)’’

18 and inserting ‘‘section 502’’; and

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

20 inserting ‘‘section 505’’;

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

22 in subsection (b), by striking ‘‘The office des23 ignated under section 507 of title I’’ and insert24 ing ‘‘The office responsible for the trust fund re25 quired by section 507’’;
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1 (I) in section 1702 (42 U.S.C. 3796dd–1),

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

3 consideration of the statewide strategy under sec4 tion 503(a)(1)’’; and

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

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

7 under section 507’’ and inserting ‘‘The office re8 sponsible for the trust fund required by section

9 507’’.

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

11 section shall apply with respect to the first fiscal year begin12 ning after the date of the enactment of this Act and each

13 fiscal year thereafter.

14 SEC. 1112. CLARIFICATION OF NUMBER OF RECIPIENTS

15 WHO MAY BE SELECTED IN A GIVEN YEAR TO

16 RECEIVE PUBLIC SAFETY OFFICER MEDAL OF

17 VALOR.

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

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

20 ‘‘more than 5 recipients’’ and inserting ‘‘more than 5 indi21 viduals, or groups of individuals, as recipients’’.
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1 SEC. 1113. 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 1984

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

7 of the Office of Justice Assistance’’ and inserting ‘‘the As8 sistant Attorney General for the Office of Justice Pro9 grams’’.

10 SEC. 1114. 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 re14 cently amended by section 701 of the USA PATRIOT Act

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

16 (1) in paragraph (1), by inserting ‘‘regional’’ be17 fore ‘‘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, tribal, and local law

23 enforcement agencies;’’; and

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

25 (4).
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1 SEC. 1115. INTEGRITY AND ENHANCEMENT OF NATIONAL

2 CRIMINAL RECORD DATABASES.

3 (a) DUTIES OF DIRECTOR.—Section 302 of the Omni4 bus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

5 3732) is amended—

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

7 sentence the following new sentence: ‘‘The Director

8 shall be responsible for the integrity of data and sta9 tistics and shall protect against improper or illegal

10 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 national

17 systems of criminal history and related records in18 cluding the National Instant Criminal Background

19 Check System, the National Incident-Based Reporting

20 System, and the records of the National Crime Infor21 mation Center, facilitate State participation in na22 tional records and information systems, and support

23 statistical research for critical analysis of the im24 provement and utilization of criminal history

25 records;’’; and

26 (3) in subsection (d)—
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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 statistical

7 agencies as needed to carry out the purposes of this

8 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 U.S.C.

13 3735) is amended by striking ‘‘particular individual’’ and

14 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 this

18 title, no’’ and inserting ‘‘No’’.

19 SEC. 1116. 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 ‘‘2007’’ and inserting

24 ‘‘2009’’.
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1 CHAPTER 2—BUILDING COMMUNITY CA2 PACITY TO PREVENT, REDUCE, AND

3 CONTROL CRIME

4 SEC. 1121. 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 is

18 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 2009,

21 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 and

25 Seed Strategies may implement strategies, to be known as
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1 Weed and Seed strategies, to prevent, control, and reduce

2 violent crime, criminal drug-related activity, and gang ac3 tivity in designated Weed-and-Seed communities. Each

4 such strategy shall involve both of the following activities:

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

6 Weeding activities, which shall include promoting

7 and coordinating a broad spectrum of community ef8 forts (especially those of law enforcement agencies and

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

10 persons in that community who participate or engage

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

12 other crimes that threaten the quality of life in that

13 community.

14 ‘‘(2) SEEDING.—Activities, to be known as Seed15 ing activities, which shall include promoting and co16 ordinating a broad spectrum of community efforts

17 (such as drug abuse education, mentoring, and em18 ployment counseling) to provide—

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

20 intervention, or treatment, for at-risk individ21 uals and families; and

22 ‘‘(B) community revitalization efforts, in23 cluding enforcement of building codes and devel24 opment of the economy.
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1 ‘‘(b) GUIDELINES.—The Director shall issue guidelines

2 for the development and implementation of Weed and Seed

3 strategies under this section. The guidelines shall ensure

4 that the Weed and Seed strategy for a community referred

5 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 agen12 cies; and

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

14 and neighborhood and community-based or15 ganizations, 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 the

24 District encompassing the community;
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1 ‘‘(2) describe how law enforcement agencies, other

2 public and private agencies, neighborhood and com3 munity-based organizations, and interested citizens

4 are to cooperate in implementing the strategy; and

5 ‘‘(3) incorporate a community-policing compo6 nent that shall serve as a bridge between the Weeding

7 activities under subsection (a)(1) and the Seeding ac8 tivities under subsection (a)(2).

9 ‘‘(c) DESIGNATION.—For a community to be des10 ignated as a Weed-and-Seed community for purposes of sub11 section (a)—

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

13 encompassing the community must certify to the Di14 rector that—

15 ‘‘(A) the community suffers from consist16 ently high levels of crime or otherwise is appro17 priate for such designation;

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

19 adopted, or implemented by the steering com20 mittee has a high probability of improving the

21 criminal justice system within the community

22 and contains all the elements required by the Di23 rector; and

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

25 implementing the strategy appropriately; and
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1 ‘‘(2) the community must agree to formulate a

2 timely and effective plan to independently sustain the

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

4 practices of the strategy) when assistance under this

5 section is no longer available.

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

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

8 shall be submitted to the Director by the steering committee

9 of the community in such form, and containing such infor10 mation and assurances, as the Director may require. The

11 application shall propose—

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

13 includes—

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

15 States Attorney for the District encompassing the

16 community, the Drug Enforcement Administra17 tion’s special agent in charge for the jurisdiction

18 encompassing the community, and other Federal

19 law enforcement agencies operating in the vicin20 ity;

21 ‘‘(B) a significant community-oriented po22 licing component; and

23 ‘‘(C) demonstrated coordination with com24 plementary neighborhood and community-based

25 programs and initiatives; and
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1 ‘‘(2) a methodology with outcome measures and

2 specific objective indicia of performance to be used to

3 evaluate the effectiveness of the strategy.

4 ‘‘(e) GRANTS.—

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

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

7 may make grants to that community.

8 ‘‘(2) USES.—For each grant under this sub9 section, the community receiving that grant may not

10 use any of the grant amounts for construction, except

11 that the Assistant Attorney General may authorize

12 use of grant amounts for incidental or minor con13 struction, renovation, or remodeling.

14 ‘‘(3) LIMITATIONS.—A community may not re15 ceive grants under this subsection (or fall within such

16 a community)—

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

18 years;

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

20 except that the Assistant Attorney General may,

21 in single increments and only upon a showing of

22 extraordinary circumstances, authorize grants

23 for not more than 3 additional separate fiscal

24 years; or
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1 ‘‘(C) in an aggregate amount of more than

2 $1,000,000, except that the Assistant Attorney

3 General may, upon a showing of extraordinary

4 circumstances, authorize grants for not more

5 than an additional $500,000.

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

7 this subsection, the Director shall ensure that—

8 ‘‘(A) to the extent practicable, the distribu9 tion of such grants is geographically equitable

10 and includes both urban and rural areas of

11 varying population and area; and

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

13 clearly and effectively coordinate crime preven14 tion programs with other Federal programs in a

15 manner that addresses the overall needs of such

16 communities.

17 ‘‘(5) FEDERAL SHARE.—(A) Subject to subpara18 graph (B), the Federal share of a grant under this

19 subsection may not exceed 75 percent of the total costs

20 of the projects described in the application for which

21 the grant was made.

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

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

24 and
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1 ‘‘(ii) may be waived by the Assistant Attor2 ney General upon a determination that the fi3 nancial circumstances affecting the applicant

4 warrant a finding that such a waiver is equi5 table.

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

7 a grant under this subsection, the applicant must

8 provide assurances that the amounts received under

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

10 non-Federal funds that would otherwise be available

11 for programs or services provided in the community.

12 ‘‘SEC. 105. INCLUSION OF INDIAN TRIBES.

13 ‘‘For purposes of sections 103 and 104, the term ‘State’

14 includes an Indian tribal government.’’.

15 (b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED

16 AND SEED; TRANSFERS OF FUNCTIONS.—

17 (1) ABOLISHMENT.—The Executive Office of

18 Weed and Seed is abolished.

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

20 the Office of Weed and Seed Strategies all functions

21 and activities performed immediately before the date

22 of the enactment of this Act by the Executive Office

23 of Weed and Seed Strategies.
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1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section take effect 90 days after the date

3 of the enactment of this Act.

4 CHAPTER 3—ASSISTING VICTIMS OF

5 CRIME

6 SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS

7 TO IMPROVE OUTREACH SERVICES TO VIC8 TIMS OF CRIME.

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

10 (42 U.S.C. 10603(c)), as most recently amended by section

11 623 of the USA PATRIOT Act (Public Law 107–56; 115

12 Stat. 372), is amended—

13 (1) in paragraph (1)—

14 (A) in the matter preceding subparagraph

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

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

17 at the end;

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

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

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

21 subparagraph:

22 ‘‘(C) for nonprofit neighborhood and community23 based victim service organizations and coalitions to

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

25 (2) in paragraph (2)—
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1 (A) in subparagraph (A)—

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

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

4 and

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

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

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

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

9 subparagraph:

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

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

12 SEC. 1132. CLARIFICATION AND ENHANCEMENT OF CER13 TAIN AUTHORITIES RELATING TO CRIME VIC14 TIMS FUND.

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

16 U.S.C. 10601) is amended as follows:

17 (1) AUTHORITY TO ACCEPT GIFTS.—Subsection

18 (b)(5) of such section is amended by striking the pe19 riod at the end and inserting the following: ‘‘, which

20 the Director is hereby authorized to accept for deposit

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

22 authorized to accept any such gift, bequest, or dona23 tion that—

24 ‘‘(A) attaches conditions inconsistent with

25 applicable laws or regulations; or
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1 ‘‘(B) is conditioned upon or would require

2 the expenditure of appropriated funds that are

3 not available to the Office for Victims of

4 Crime.’’.

5 (2) AUTHORITY TO REPLENISH ANTITERRORISM

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

7 section is amended by striking ‘‘expended’’ and insert8 ing ‘‘obligated’’.

9 (3) AUTHORITY TO MAKE GRANTS TO INDIAN

10 TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Sub11 section (g) of such section is amended—

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

13 through the Director,’’;

14 (B) by redesignating paragraph (2) as

15 paragraph (3); and

16 (C) by inserting after paragraph (1) the fol17 lowing new paragraph:

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

19 funds available under subsection (d)(2) (prior to distribu20 tion) for grants to Indian tribes to establish child victim

21 assistance programs, as appropriate.’’.
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1 SEC. 1133. 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 U.S.C.

6 10602(a)(3)) is amended by inserting after ‘‘may be used

7 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 inserting

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

11 and’’.

12 SEC. 1134. CLARIFICATION OF AUTHORITIES RELATING TO

13 VIOLENCE AGAINST WOMEN FORMULA AND

14 DISCRETIONARY GRANT PROGRAMS.

15 (a) CLARIFICATION OF STATE GRANTS.—Section 2007

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

17 (42 U.S.C. 3796gg–1) is amended—

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

19 and inserting ‘‘law enforcement’’; and

20 (2) in subsection (d)—

21 (A) in the second sentence, by inserting

22 after ‘‘each application’’ the following: ‘‘sub23 mitted by a State’’; and

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

25 application’’ and inserting ‘‘In addition, each
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1 application submitted by a State or tribal gov2 ernment’’.

3 (b) CHANGE FROM ANNUAL TO BIENNIAL REPORT4 ING.—Section 2009(b) of such Act (42 U.S.C. 3796gg–3) is

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

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

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

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

9 submit’’.

10 SEC. 1135. CHANGE OF CERTAIN REPORTS FROM ANNUAL

11 TO BIENNIAL.

12 (a) STALKING AND DOMESTIC VIOLENCE.—Section

13 40610 of the Violence Against Women Act of 1994 (title IV

14 of the Violent Crime Control and Law Enforcement Act of

15 1994; 42 U.S.C. 14039) is amended by striking ‘‘The Attor16 ney General shall submit to the Congress an annual report,

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

18 Act, that provides’’ and inserting ‘‘Each even-numbered fis19 cal year, the Attorney General shall submit to the Congress

20 a biennial report that provides’’.

21 (b) SAFE HAVENS FOR CHILDREN.—Subsection

22 1301(d)(l) of the Victims of Trafficking and Violence Protec23 tion Act of 2000 (42 U.S.C. 10420(d)(l)) is amended in the

24 matter preceding subparagraph (A) by striking ‘‘Not later

25 than 1 year after the last day of the first fiscal year com-
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1 mencing on or after the date of enactment of this Act, and

2 not later than 180 days after the last day of each fiscal

3 year thereafter,’’ and inserting ‘‘Not later than 1 month

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

5 (c) STOP VIOLENCE AGAINST WOMEN FORMULA

6 GRANTS.—Subsection 2009(b) of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–3),

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

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

10 the following: ‘‘Not later than 1 month after the end of each

11 even-numbered fiscal year, the Attorney General shall sub12 mit’’.

13 (d) GRANTS TO COMBAT VIOLENT CRIMES AGAINST

14 WOMEN ON CAMPUS.—Subsection 826(d)(3) of the Higher

15 Education Amendments Act of 1998 (20 U.S.C. 1152

16 (d)(3)) is amended by striking from ‘‘Not’’ through and in17 cluding ‘‘under this section’’ and inserting ‘‘Not later than

18 1 month after the end of each even-numbered fiscal year’’.

19 (e) TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR

20 CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR

21 SEXUAL ASSAULT.—Subsection 40299(f) of the Violence

22 Against Women Act of 1994 (42 U.S.C. 13975(f)) is amend23 ed by striking ‘‘shall annually prepare and submit to the

24 Committee on the Judiciary of the House of Representatives

25 and the Committee on the Judiciary of the Senate a report
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1 that contains a compilation of the information contained

2 in the report submitted under subsection (e) of this section.’’

3 and inserting ‘‘shall prepare and submit to the Committee

4 on the Judiciary of the House of Representatives and the

5 Committee on the Judiciary of the Senate a report that con6 tains a compilation of the information contained in the re7 port submitted under subsection (e) of this section not later

8 than one month after the end of each even-numbered fiscal

9 year.’’.

10 SEC. 1136. GRANTS FOR YOUNG WITNESS ASSISTANCE.

11 (a) IN GENERAL.—The Attorney General, acting

12 through the Bureau of Justice Assistance, may make grants

13 to State and local prosecutors and law enforcement agencies

14 in support of juvenile and young adult witness assistance

15 programs.

16 (b) USE OF FUNDS.—Grants made available under

17 this section may be used—

18 (1) to assess the needs of juvenile and young

19 adult witnesses;

20 (2) to develop appropriate program goals and

21 objectives; and

22 (3) to develop and administer a variety of wit23 ness assistance services, which includes—
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1 (A) counseling services to young witnesses

2 dealing with trauma associated in witnessing a

3 violent crime;

4 (B) pre- and post-trial assistance for the

5 youth and their family;

6 (C) providing education services if the child

7 is removed from or changes their school for safety

8 concerns;

9 (D) protective services for young witnesses

10 and their families when a serious threat of harm

11 from the perpetrators or their associates is made;

12 and

13 (E) community outreach and school-based

14 initiatives that stimulate and maintain public

15 awareness and support.

16 (c) DEFINITIONS.—In this section:

17 (1) The term ‘‘juvenile’’ means an individual

18 who is age 17 or younger.

19 (2) The term ‘‘young adult’’ means an indi20 vidual who is age 21 or younger but not a juvenile.

21 (3) The term ‘‘State’’ includes the District of Co22 lumbia, the Commonwealth of Puerto Rico, the Virgin

23 Islands, American Samoa, Guam, and the Northern

24 Mariana Islands.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out this section

3 $3,000,000 for each of fiscal years 2006 through 2009.

4 CHAPTER 4—PREVENTING CRIME

5 SEC. 1141. CLARIFICATION OF DEFINITION OF VIOLENT OF6 FENDER FOR PURPOSES OF JUVENILE DRUG

7 COURTS.

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

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

10 in the matter preceding paragraph (1) by striking ‘‘an of11 fense that’’ and inserting ‘‘a felony-level offense that’’.

12 SEC. 1142. CHANGES TO DISTRIBUTION AND ALLOCATION

13 OF GRANTS FOR DRUG COURTS.

14 (a) MINIMUM ALLOCATION REPEALED.—Section 2957

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

16 subsection (b) and inserting the following:

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

18 one or more applications submitted by any State or unit

19 of local government within such State (other than an In20 dian tribe) for a grant under this part has been funded

21 in any fiscal year, such State, together with eligible appli22 cants within such State, shall be provided targeted technical

23 assistance and training by the Community Capacity Devel24 opment Office to assist such State and such eligible appli25 cants to successfully compete for future funding under this
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1 part, and to strengthen existing State drug court systems.

2 In providing such technical assistance and training, the

3 Community Capacity Development Office shall consider

4 and respond to the unique needs of rural States, rural areas

5 and rural communities.’’

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

7 1001(25)(A) of title I of the Omnibus Crime Control and

8 Safe Streets Act of 1968 (42 U.S.C. 3793(25)(A)) is amend9 ed by adding at the end the following:

10 ‘‘(v) $70,000,000 for each of fiscal

11 years 2007 and 2008.’’.

12 SEC. 1143. ELIGIBILITY FOR GRANTS UNDER DRUG COURT

13 GRANTS PROGRAM EXTENDED TO COURTS

14 THAT SUPERVISE NON-OFFENDERS WITH

15 SUBSTANCE ABUSE PROBLEMS.

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

17 3797u(a)(1)) is amended by striking ‘‘offenders with sub18 stance abuse problems’’ and inserting ‘‘offenders, and other

19 individuals under the jurisdiction of the court, with sub20 stance abuse problems’’.
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1 SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE ABUSE

2 TREATMENT PROGRAM FOR LOCAL FACILI3 TIES.

4 Section 1904 of the Omnibus Crime Control and Safe

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

6 adding at the end the following new subsection:

7 ‘‘(d) DEFINITION.—In this section, the term ‘residen8 tial substance abuse treatment program’ means a course of

9 individual and group activities, lasting between 6 and 12

10 months, in residential treatment facilities set apart from

11 the general prison population—

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

13 the prisoners; and

14 ‘‘(2) intended to develop the prisoner’s cognitive,

15 behavioral, social, vocational and other skills so as to

16 solve the prisoner’s substance abuse and other prob17 lems; and

18 ‘‘(3) which may include the use of

19 pharmacotherapies, where appropriate, that may ex20 tend beyond the treatment period.’’.

21 SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE ABUSE

22 TREATMENT PROGRAM FOR STATE PRIS23 ONERS.

24 (a) ENHANCED DRUG SCREENINGS REQUIREMENT.—

25 Subsection (b) of section 1902 of the Omnibus Crime Con-
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1 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ff—1(b))

2 is amended to read as follows:

3 ‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—To

4 be eligible to receive funds under this part, a State must

5 agree to implement or continue to require urinalysis or

6 other proven reliable forms of testing, including both peri7 odic and random testing—

8 ‘‘(1) of an individual before the individual enters

9 a residential substance abuse treatment program and

10 during the period in which the individual partici11 pates in the treatment program; and

12 ‘‘(2) of an individual released from a residential

13 substance abuse treatment program if the individual

14 remains in the custody of the State.’’.

15 (b) AFTERCARE SERVICES REQUIREMENT.—Sub16 section (c) of such section is amended—

17 (1) in the matter preceding paragraph (1), by

18 striking ‘‘ELIGIBILITY FOR PREFERENCE WITH

19 AFTER CARE COMPONENT’’ and inserting

20 ‘‘AFTERCARE SERVICES REQUIREMENT’’; and

21 (2) by amending paragraph (1) to read as fol22 lows:

23 ‘‘(1) To be eligible for funding under this part,

24 a State shall ensure that individuals who participate

25 in the substance abuse treatment program established
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1 or implemented with assistance provided under this

2 part will be provided with after care services.’’; and

3 (3) by adding at the end the following new para4 graph:

5 ‘‘(4) After care services required by this sub6 section shall be funded through funds provided for this

7 part.’’.

8 (c) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY9 BASED DRUG TREATMENT PROGRAMS.—Section 1903 of

10 such Act (42 U.S.C. 3796ff–2) is amended by adding at

11 the end the following new subsection:

12 ‘‘(e) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY13 BASED DRUG TREATMENT PROGRAMS.—In considering an

14 application submitted by a State under section 1902, the

15 Attorney General shall give priority to an application that

16 involves a partnership between the State and a community17 based drug treatment program within the State.’’.

18 SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

19 PROGRAM FOR FEDERAL FACILITIES.

20 Section 3621(e) of title 18, United States Code, is

21 amended—

22 (1) by striking paragraph (4) and inserting the

23 following:

24 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to carry out this subsection such
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1 sums as may be necessary for each of fiscal years

2 2007 through 2011.’’; and

3 (2) in paragraph (5)(A)—

4 (A) in clause (i) by striking ‘‘and’’ after the

5 semicolon’

6 (B) in clause (ii) by inserting ‘‘and’’ after

7 the semicolon; and

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

9 ‘‘(iii) which may include the use of

10 pharmacoptherapies, if appropriate, that

11 may extend beyond the treatment period;’’.

12 CHAPTER 5—OTHER MATTERS

13 SEC. 1151. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.

14 (a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM

15 PAYING STATES INTEREST ON LATE DISBURSEMENTS ALSO

16 EXEMPTED FROM PAYING CHARGE TO TREASURY FOR UN17 TIMELY DISBURSEMENTS.—Section 204(f) of Public Law

18 107–273 (116 Stat. 1776; 31 U.S.C. 6503 note) is

19 amended—

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

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

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

23 ‘‘sections 3335(b) or 6503’’.

24 (b) SOUTHWEST BORDER PROSECUTOR INITIATIVE IN25 CLUDED AMONG SUCH EXEMPTED PROGRAMS.—Section
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1 204(f) of such Act is further amended by striking ‘‘pursuant

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

3 Border Prosecutor Initiative (as carried out pursuant to

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

5 to Community Oriented Policing Services of the Depart6 ment of Justice Appropriations Act, 2003 (title I of division

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

8 subsequent authority) or section 501(a)’’.

9 (c) ATFE UNDERCOVER INVESTIGATIVE OPER10 ATIONS.—Section 102(b) of the Department of Justice and

11 Related Agencies Appropriations Act, 1993, as in effect pur12 suant to section 815(d) of the Antiterrorism and Effective

13 Death Penalty Act of 1996 shall apply with respect to the

14 Bureau of Alcohol, Tobacco, Firearms, and Explosives and

15 the undercover investigative operations of the Bureau on the

16 same basis as such section applies with respect to any other

17 agency and the undercover investigative operations of such

18 agency.

19 SEC. 1152. COORDINATION DUTIES OF ASSISTANT ATTOR20 NEY GENERAL.

21 (a) COORDINATE AND SUPPORT OFFICE FOR VICTIMS

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

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

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

25 Statistics,’’ the following: ‘‘the Office for Victims of Crime,’’.
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1 (b) SETTING GRANT CONDITIONS AND PRIORITIES.—

2 Such section is further amended in subsection (a)(6) by in3 serting ‘‘, including placing special conditions on all

4 grants, and determining priority purposes for formula

5 grants’’ before the period at the end.

6 SEC. 1153. SIMPLIFICATION OF COMPLIANCE DEADLINES

7 UNDER SEX-OFFENDER REGISTRATION LAWS.

8 (a) COMPLIANCE PERIOD.—A State shall not be treat9 ed, for purposes of any provision of law, as having failed

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

11 (42 U.S.C. 14072) of the Violent Crime Control and Law

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

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

14 may grant an additional 24 months to a State that is mak15 ing good faith efforts to comply with such sections.

16 (b) TIME FOR REGISTRATION OF CURRENT AD17 DRESS.—Subsection (a)(1)(B) of such section 170101 is

18 amended by striking ‘‘unless such requirement is termi19 nated under’’ and inserting ‘‘for the time period specified

20 in’’.

21 SEC. 1154. REPEAL OF CERTAIN PROGRAMS.

22 (a) SAFE STREETS ACT PROGRAM.—The Criminal

23 Justice Facility Construction Pilot program (part F; 42

24 U.S.C. 3769–3769d) of title I of the Omnibus Crime Control

25 and Safe Streets Act of 1968 is repealed.
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1 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE2 MENT ACT PROGRAMS.—The following provisions of the

3 Violent Crime Control and Law Enforcement Act of 1994

4 are repealed:

5 (1) LOCAL CRIME PREVENTION BLOCK GRANT

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

7 13758).

8 (2) ASSISTANCE FOR DELINQUENT AND AT-RISK

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

10 13802).

11 (3) IMPROVED TRAINING AND TECHNICAL AUTO12 MATION.—Subtitle E of title XXI (42 U.S.C. 14151).

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

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

15 SEC. 1155. ELIMINATION OF CERTAIN NOTICE AND HEAR16 ING REQUIREMENTS.

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

18 Safe Streets Act of 1968 is amended as follows:

19 (1) NOTICE AND HEARING ON DENIAL OR TERMI20 NATION OF GRANT.—Section 802 (42 U.S.C. 3783) of

21 such part is amended—

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

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

24 (2) FINALITY OF DETERMINATIONS.—Section 803

25 (42 U.S.C. 3784) of such part is amended—
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1 (A) by striking ‘‘, after reasonable notice

2 and opportunity for a hearing,’’; and

3 (B) by striking ‘‘, except as otherwise pro4 vided herein’’.

5 (3) REPEAL OF APPELLATE COURT REVIEW.—

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

7 SEC. 1156. AMENDED DEFINITIONS FOR PURPOSES OF OM8 NIBUS CRIME CONTROL AND SAFE STREETS

9 ACT OF 1968.

10 Section 901 of title I of the Omnibus Crime Control

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

12 as follows:

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

14 section is amended by striking ‘‘(as that term is de15 fined in section 103 of the Juvenile Justice and De16 linquency Prevention Act of 1974 (42 U.S.C. 5603))’’.

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

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

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

20 (3) NEIGHBORHOOD OR COMMUNITY-BASED OR21 GANIZATIONS.—Subsection (a)(11) of such section is

22 amended by striking ‘‘which’’ and inserting ‘‘, includ23 ing faith-based, that’’.

24 (4) INDIAN TRIBE; PRIVATE PERSON.—Sub25 section (a) of such section is further amended—
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1 (A) in paragraph (24) by striking ‘‘and’’ at

2 the end;

3 (B) in paragraph (25) by striking the pe4 riod at the end and inserting a semicolon; and

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

6 paragraphs:

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

8 given the term ‘Indian tribe’ in section 4(e) of the In9 dian Self-Determination and Education Assistance

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

11 ‘‘(27) the term ‘private person’ means any indi12 vidual (including an individual acting in his official

13 capacity) and any private partnership, corporation,

14 association, organization, or entity (or any combina15 tion thereof).’’.

16 SEC. 1157. CLARIFICATION OF AUTHORITY TO PAY SUBSIST17 ENCE PAYMENTS TO PRISONERS FOR HEALTH

18 CARE ITEMS AND SERVICES.

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

20 amended—

21 (1) in subsection (a) by inserting after ‘‘The At22 torney General’’ the following: ‘‘or the Secretary of

23 Homeland Security, as applicable,’’; and

24 (2) in subsection (b)(1)—
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1 (A) by striking ‘‘the Immigration and Nat2 uralization Service’’ and inserting ‘‘the Depart3 ment of Homeland Security’’;

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

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

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

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

8 that follows through ‘‘the Medicare program’’

9 and inserting ‘‘items and services under the

10 Medicare program’’; and

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

12 through the period at the end and inserting a pe13 riod.

14 SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE15 MENT.

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

17 Crime Control and Safe Streets Act of 1968 is amended

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

19 Act, the following new section:

20 ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE21 MENT.

22 ‘‘(a) ESTABLISHMENT.—

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

24 the Office an Office of Audit, Assessment, and Man25 agement, headed by a Director appointed by the At-
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1 torney General. In carrying out the functions of the

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

3 direction, and control of the Attorney General. Such

4 authority, direction, and control may be delegated

5 only to the Assistant Attorney General, without re6 delegation.

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

8 be to carry out and coordinate program assessments

9 of, take actions to ensure compliance with the terms

10 of, and manage information with respect to, grants

11 under programs covered by subsection (b). The Direc12 tor shall take special conditions of the grant into ac13 count and consult with the office that issued those

14 conditions to ensure appropriate compliance.

15 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex16 clusive element of the Department of Justice, other

17 than the Inspector General, performing functions and

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

19 There are hereby transferred to the Office all functions

20 and activities, other than functions and activities of

21 the Inspector General, for such purpose performed im22 mediately before the date of the enactment of this Act

23 by any other element of the Department.

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

25 in subsection (a) are the following:
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1 ‘‘(1) The program under part Q of this title.

2 ‘‘(2) Any grant program carried out by the Of3 fice of Justice Programs.

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

5 Department of Justice that the Attorney General con6 siders appropriate.

7 ‘‘(c) PROGRAM ASSESSMENTS REQUIRED.—

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

9 grants awarded under the programs covered by sub10 section (b) and carry out program assessments on

11 such grants. In selecting such grants, the Director

12 shall ensure that the aggregate amount awarded

13 under the grants so selected represent not less than 10

14 percent of the aggregate amount of money awarded

15 under all such grant programs.

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

17 subsection does not affect the authority or duty of the

18 Director of the National Institute of Justice to carry

19 out overall evaluations of programs covered by sub20 section (b), except that such Director shall consult

21 with the Director of the Office in carrying out such

22 evaluations.

23 ‘‘(3) TIMING OF PROGRAM ASSESSMENTS.—The

24 program assessment required by paragraph (1) of a
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1 grant selected under paragraph (1) shall be carried

2 out—

3 ‘‘(A) not later than the end of the grant pe4 riod, if the grant period is not more than 1 year;

5 and

6 ‘‘(B) at the end of each year of the grant pe7 riod, if the grant period is more than 1 year.

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

9 shall take such actions to ensure compliance with the terms

10 of a grant as the Director considers appropriate with re11 spect to each grant that the Director determines (in con12 sultation with the head of the element of the Department

13 of Justice concerned), through a program assessment under

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

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

16 of the grant amount concerned, the Director shall, in addi17 tion to any other action to ensure compliance that the Di18 rector considers appropriate, ensure that the entity respon19 sible for such misuse ceases to receive any funds under any

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

21 to the Attorney General an amount equal to the amounts

22 misused. The Director may, in unusual circumstances,

23 grant relief from this requirement to ensure that an inno24 cent party is not punished.
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1 ‘‘(e) GRANT MANAGEMENT SYSTEM.—The Director

2 shall establish and maintain, in consultation with the chief

3 information officer of the Office, a modern, automated sys4 tem for managing all information relating to the grants

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

6 ‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 3 percent

7 of all funding made available for a fiscal year for the pro8 grams covered by subsection (b) shall be reserved for the Of9 fice of Audit, Assessment and Management for the activities

10 authorized by this section.’’.

11 (b) EFFECTIVE DATE.—This section and the amend12 ment made by this section take effect 90 days after the date

13 of the enactment of this Act.

14 SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

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

16 Crime Control and Safe Streets Act of 1968 is amended

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

18 Act, the following new section:

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

20 ‘‘(a) ESTABLISHMENT.—

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

22 the Office a Community Capacity Development Of23 fice, headed by a Director appointed by the Attorney

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

25 the Director shall be subject to the authority, direc-
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1 tion, and control of the Attorney General. Such au2 thority, direction, and control may be delegated only

3 to the Assistant Attorney General, without redelega4 tion.

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

6 be to provide training to actual and prospective par7 ticipants under programs covered by section 105(b) to

8 assist such participants in understanding the sub9 stantive and procedural requirements for partici10 pating in such programs.

11 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex12 clusive element of the Department of Justice per13 forming functions and activities for the purpose speci14 fied in paragraph (2). There are hereby transferred to

15 the Office all functions and activities for such purpose

16 performed immediately before the date of the enact17 ment of this Act by any other element of the Depart18 ment. This does not preclude a grant-making office

19 from providing specialized training and technical as20 sistance in its area of expertise.

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

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

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

24 ‘‘(1) Promoting coordination of public and pri25 vate efforts and resources within or available to
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1 States, units of local government, and neighborhood

2 and community-based organizations.

3 ‘‘(2) Providing information, training, and tech4 nical assistance.

5 ‘‘(3) Providing support for inter- and intra6 agency task forces and other agreements and for as7 sessment of the effectiveness of programs, projects, ap8 proaches, or practices.

9 ‘‘(4) Providing in the assessment of the effective10 ness of neighborhood and community-based law en11 forcement and crime prevention strategies and tech12 niques, in coordination with the National Institute of

13 Justice.

14 ‘‘(5) Any other similar means.

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

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

17 participants. In a case in which remedial training is ap18 propriate, as recommended by the Director or the head of

19 any element of the Department, such training may be pro20 vided on a local basis to a single such participant.

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

22 ‘‘(1) identify grants under which clearly bene23 ficial outcomes were obtained, and the characteristics

24 of those grants that were responsible for obtaining

25 those outcomes; and
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1 ‘‘(2) incorporate those characteristics into the

2 training provided under this section.

3 ‘‘(e) AVAILABILITY OF FUNDS.—not to exceed 3 percent

4 of all funding made available for a fiscal year for the pro5 grams covered by section 105(b) shall be reserved for the

6 Community Capacity Development Office for the activities

7 authorized by this section.’’.

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

10 of the enactment of this Act.

11 SEC. 1160. OFFICE OF APPLIED LAW ENFORCEMENT TECH12 NOLOGY.

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

14 Crime Control and Safe Streets Act of 1968 is amended

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

16 Act, the following new section:

17 ‘‘SEC. 107. DIVISION OF APPLIED LAW ENFORCEMENT TECH18 NOLOGY.

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

20 the Office of Science and Technology, the Division of Ap21 plied Law Enforcement Technology, headed by an indi22 vidual appointed by the Attorney General. The purpose of

23 the Division shall be to provide leadership and focus to those

24 grants of the Department of Justice that are made for the
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1 purpose of using or improving law enforcement computer

2 systems.

3 ‘‘(b) DUTIES.—In carrying out the purpose of the Di4 vision, the head of the Division shall—

5 ‘‘(1) establish clear minimum standards for com6 puter systems that can be purchased using amounts

7 awarded under such grants; and

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

9 such systems to participate in crime reporting pro10 grams administered by the Department, such as Uni11 form Crime Reports or the National Incident-Based

12 Reporting System.’’.

13 (b) EFFECTIVE DATE.—This section and the amend14 ment made by this section take effect 90 days after the date

15 of the enactment of this Act.

16 SEC. 1161. AVAILABILITY OF FUNDS FOR GRANTS.

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

18 Crime Control and Safe Streets Act of 1968 is amended

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

20 Act, the following new section:

21 ‘‘SEC. 108. AVAILABILITY OF FUNDS.

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

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

24 provided in an authorization, DOJ grant funds for a

25 fiscal year shall remain available to be awarded and
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1 distributed to a grantee only in that fiscal year and

2 the three succeeding fiscal years, subject to para3 graphs (2) and (3). DOJ grant funds not so awarded

4 and distributed shall revert to the Treasury.

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

6 DOJ grant funds for a fiscal year that are repro7 grammed in a later fiscal year shall be treated for

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

9 such later fiscal year.

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

11 DOJ grant funds were obligated and then deobligated,

12 the period of availability that applies to those grant

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

14 number of days equal to the number of days from the

15 date on which those grant funds were obligated to the

16 date on which those grant funds were deobligated.

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

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

19 distributed to a grantee may be expended by that grantee

20 only in the period permitted under the terms of the grant.

21 DOJ grant funds not so expended shall revert to the Treas22 ury.

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

24 grant funds’ means, for a fiscal year, amounts appropriated
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1 for activities of the Department of Justice in carrying out

2 grant programs for that fiscal year.

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

4 grant funds for fiscal years beginning with fiscal year

5 2006.’’.

6 (b) EFFECTIVE DATE.—This section and the amend7 ment made by this section take effect 90 days after the date

8 of the enactment of this Act.

9 SEC. 1162. CONSOLIDATION OF FINANCIAL MANAGEMENT

10 SYSTEMS OF OFFICE OF JUSTICE PROGRAMS.

11 (a) CONSOLIDATION OF ACCOUNTING ACTIVITIES AND

12 PROCUREMENT ACTIVITIES.—The Assistant Attorney Gen13 eral of the Office of Justice Programs, in coordination with

14 the Chief Information Officer and Chief Financial Officer

15 of the Department of Justice, shall ensure that—

16 (1) all accounting activities for all elements of

17 the Office of Justice Programs are carried out under

18 the direct management of the Office of the Comp19 troller; and

20 (2) all procurement activities for all elements of

21 the Office are carried out under the direct manage22 ment of the Office of Administration.

23 (b) FURTHER CONSOLIDATION OF PROCUREMENT AC24 TIVITIES.—The Assistant Attorney General, in coordination

25 with the Chief Information Officer and Chief Financial Of-
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1 ficer of the Department of Justice, shall ensure that, on and

2 after September 30, 2008—

3 (1) all procurement activities for all elements of

4 the Office are carried out through a single manage5 ment office; and

6 (2) all contracts and purchase orders used in

7 carrying out those activities are processed through a

8 single procurement system.

9 (c) CONSOLIDATION OF FINANCIAL MANAGEMENT SYS10 TEMS.—The Assistant Attorney General, in coordination

11 with the Chief Information Officer and Chief Financial Of12 ficer of the Department of Justice, shall ensure that, on and

13 after September 30, 2010, all financial management activi14 ties (including human resources, payroll, and accounting

15 activities, as well as procurement activities) of all elements

16 of the Office are carried out through a single financial man17 agement system.

18 (d) ACHIEVING COMPLIANCE.—

19 (1) SCHEDULE.—The Assistant Attorney General

20 shall undertake a scheduled consolidation of oper21 ations to achieve compliance with the requirements of

22 this section.

23 (2) SPECIFIC REQUIREMENTS.—With respect to

24 achieving compliance with the requirements of—
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1 (A) subsection (a), the consolidation of oper2 ations shall be initiated not later than 90 days

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

4 (B) subsections (b) and (c), the consolida5 tion of operations shall be initiated not later

6 than September 30, 2006, and shall be carried

7 out by the Office of Administration, in consulta8 tion with the Chief Information Officer and the

9 Office of Audit, Assessment, and Management.

10 SEC. 1163. AUTHORIZATION AND CHANGE OF COPS PRO11 GRAM TO SINGLE GRANT PROGRAM.

12 (a) IN GENERAL.—Section 1701 of title I of the Omni13 bus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

14 3796dd) is amended—

15 (1) by amending subsection (a) to read as fol16 lows:

17 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General

18 shall carry out a single grant program under which the At19 torney General makes grants to States, units of local gov20 ernment, Indian tribal governments, other public and pri21 vate entities, and multi-jurisdictional or regional consortia

22 for the purposes described in subsection (b).’’;

23 (2) by striking subsections (b) and (c);

24 (3) by redesignating subsection (d) as subsection

25 (b), and in that subsection—
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1 (A) by striking ‘‘ADDITIONAL GRANT

2 PROJECTS.—Grants made under subsection (a)

3 may include programs, projects, and other ac4 tivities to—’’ and inserting ‘‘USES OF GRANT

5 AMOUNTS.—The purposes for which grants

6 made under subsection (a) may be made are—

7 ’’;

8 (B) by redesignating paragraphs (1)

9 through (12) as paragraphs (6) through (17), re10 spectively;

11 (C) by inserting before paragraph (6) (as so

12 redesignated) the following new paragraphs:

13 ‘‘(1) rehire law enforcement officers who have

14 been laid off as a result of State and local budget re15 ductions for deployment in community-oriented polic16 ing;

17 ‘‘(2) hire and train new, additional career law

18 enforcement officers for deployment in community19 oriented policing across the Nation;

20 ‘‘(3) procure equipment, technology, or support

21 systems, or pay overtime, to increase the number of

22 officers deployed in community-oriented policing;

23 ‘‘(4) award grants to pay for offices hired to per24 form intelligence, anti-terror, or homeland security

25 duties;’’; and
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1 (D) by amending paragraph (9) (as so re2 designated) to read as follows:

3 ‘‘(9) develop new technologies, including inter4 operable communications technologies, modernized

5 criminal record technology, and forensic technology,

6 to assist State and local law enforcement agencies in

7 reorienting the emphasis of their activities from react8 ing to crime to preventing crime and to train law en9 forcement officers to use such technologies;’’;

10 (4) by redesignating subsections (e) through (k)

11 as subsections (c) through (i), respectively; and

12 (5) in subsection (c) (as so redesignated) by

13 striking ‘‘subsection (i)’’ and inserting ‘‘subsection

14 (g)’’.

15 (b) CONFORMING AMENDMENT.—Section 1702 of title

16 I of such Act (42 U.S.C. 3796dd–1) is amended in sub17 section (d)(2) by striking ‘‘section 1701(d)’’ and inserting

18 ‘‘section 1701(b)’’.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

20 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11))

21 is amended—

22 (1) in subparagraph (A) by striking ‘‘ex23 pended—’’ and all that follows through ‘‘2000’’ and

24 inserting ‘‘expended $1,047,119,000 for each of fiscal

25 years 2006 through 2009’’; and
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1 (2) in subparagraph (B)—

2 (A) by striking ‘‘section 1701(f)’’ and in3 serting ‘‘section 1701(d)’’; and

4 (B) by striking the third sentence.

5 SEC. 1164. CLARIFICATION OF PERSONS ELIGIBLE FOR BEN6 EFITS UNDER PUBLIC SAFETY OFFICERS’

7 DEATH BENEFITS PROGRAMS.

8 (a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—Sec9 tion 1204 of the Omnibus Crime Control and Safe Streets

10 Act of 1968 (42 U.S.C. 3796b), as most recently amended

11 by section 2(a) of the Mychal Judge Police and Fire Chap12 lains Public Safety Officers’ Benefit Act of 2002 (Public

13 Law 107–196; 116 Stat. 719), is amended—

14 (1) by redesignating paragraphs (7) and (8) as

15 paragraphs (8) and (9), respectively;

16 (2) by inserting after paragraph (6) the fol17 lowing new paragraph:

18 ‘‘(7) ‘member of a rescue squad or ambulance

19 crew’ means an officially recognized or designated

20 public employee member of a rescue squad or ambu21 lance crew;’’; and

22 (3) in paragraph (4) by striking ‘‘and’’ and all

23 that follows through the end and inserting a semi24 colon.
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1 (4) in paragraph (6) by striking ‘‘enforcement of

2 the laws’’ and inserting ‘‘enforcement of the criminal

3 laws (including juvenile delinquency).’’

4 (b) CLARIFICATION OF LIMITATION ON PAYMENTS IN

5 NON-CIVILIAN CASES.—Section 1202(5) of such Act (42

6 U.S.C. 3796a(5)) is amended by inserting ‘‘with respect’’

7 before ‘‘to any individual’’.

8 (c) WAIVER OF COLLECTION IN CERTAIN CASES.—Sec9 tion 1201 of such Act (42 U.S.C. 3796) is amended by add10 ing at the end the following:

11 ‘‘(m) The Bureau may suspend or end collection action

12 on an amount disbursed pursuant to a statute enacted

13 retroactively or otherwise disbursed in error under sub14 section (a) or (c), where such collection would be imprac15 tical, or would cause undue hardship to a debtor who acted

16 in good faith.’’.

17 (d) DESIGNATION OF BENEFICIARY.—Section

18 1201(a)(4) of such Act (42 U.S.C. 3796(a)(4)) is amended

19 to read as follows:

20 ‘‘(4) if there is no surviving spouse or surviving

21 child—

22 ‘‘(A) in the case of a claim made on or after

23 the date that is 90 days after the date of the en24 actment of this subparagraph, to the individual

25 designated by such officer as beneficiary under
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1 this section in such officer’s most recently exe2 cuted designation of beneficiary on file at the

3 time of death with such officer’s public safety

4 agency, organization, or unit, provided that such

5 individual survived such officer; or

6 ‘‘(B) if there is no individual qualifying

7 under subparagraph (A), to the individual des8 ignated by such officer as beneficiary under such

9 officer’s most recently executed life insurance pol10 icy on file at the time of death with such officer’s

11 public safety agency, organization, or unit, pro12 vided that such individual survived such officer;

13 or’’.

14 (e) CONFIDENTIALITY.—Section 1201(1)(a) of such Act

15 (42 U.S.C. 3796(a)) is amended by adding at the end the

16 following:

17 ‘‘(6) The public safety agency, organization, or

18 unit responsible for maintaining on file an executed

19 designation of beneficiary or recently executed life in20 surance policy pursuant to paragraph (4) shall main21 tain the confidentiality of such designation or policy

22 in the same manner as it maintains personnel or

23 other similar records of the officer.’’.
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1 SEC. 1165. PRE-RELEASE AND POST-RELEASE PROGRAMS

2 FOR JUVENILE OFFENDERS.

3 Section 1801(b) of the Omnibus Crime Control and

4 Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is

5 amended—

6 (1) in paragraph (15) by striking ‘‘or’’ at the

7 end;

8 (2) in paragraph (16) by striking the period at

9 the end and inserting ‘‘; or’’; and

10 (3) by adding at the end the following:

11 ‘‘(17) establishing, improving, and coordinating

12 pre-release and post-release systems and programs to

13 facilitate the successful reentry of juvenile offenders

14 from State or local custody in the community.’’.

15 SEC. 1166. REAUTHORIZATION OF JUVENILE ACCOUNT16 ABILITY BLOCK GRANTS.

17 Section 1810(a) of the Omnibus Crime Control and

18 Safe Streets Act of 1968 (42 U.S.C. 3796gg–10(a)) is

19 amended by striking ‘‘2002 through 2005’’ and inserting

20 ‘‘2006 through 2009’’.

21 SEC. 1167. SEX OFFENDER MANAGEMENT.

22 Section 40152 of the Violent Crime Control and Law

23 Enforcement Act of 1994 (42 U.S.C. 13941) is amended by

24 striking subsection (c) and inserting the following:
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out this section

3 $5,000,000 for each of fiscal years 2006 through 2010.’’.

4 SEC. 1168. EVIDENCE-BASED APPROACHES.

5 Section 1802 of the Omnibus Crime Control and Safe

6 Streets Act of 1968 is amended—

7 (1) in subsection (a)(1)(B) by inserting ‘‘, in8 cluding the extent to which evidence-based approaches

9 are utilized’’ after ‘‘part’’; and

10 (2) in subsection (b)(1)(A)(ii) by inserting ‘‘, in11 cluding the extent to which evidence-based approaches

12 are utilized’’ after ‘‘part’’.

13 SEC. 1169. REAUTHORIZATION OF MATCHING GRANT PRO14 GRAM FOR SCHOOL SECURITY.

15 (a) IN GENERAL.—Section 2705 of the Omnibus Crime

16 Control and Safe Streets Act of 1968 (42 U.S.C. 3797e) is

17 amended by striking ‘‘2003’’ and inserting ‘‘2009’’.

18 (b) PROGRAM TO REMAIN UNDER COPS OFFICE.—

19 Section 2701 of the Omnibus Crime Control and Safe

20 Streets Act of 1968 (42 U.S.C. 3797a) is amended in sub21 section (a) by inserting after ‘‘The Attorney General’’ the

22 following: ‘‘, acting through the Office of Community Ori23 ented Policing Services,’’.
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1 SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE’S LAW.

2 Section 2001 of Div. C, Pub. L. 106–386 (42 U.S.C.

3 13713), is amended—

4 (1) in each of subsections (b), (c)(1), (c)(2),

5 (c)(3), (e)(1), and (g) by striking the first upper-case

6 letter after the heading and inserting a lower case let7 ter of such letter and the following: ‘‘Pursuant to reg8 ulations promulgated by the Attorney General here9 under,’’

10 (2) in subsection (c), paragraphs (1) and (2), re11 spectively, by—

12 (A) striking ‘‘a State’’, the first place it ap13 pears, and inserting ‘‘a criminal-records-report14 ing State’’; and

15 (B) striking ‘‘(3),’’ and all that follows

16 through ‘‘subsequent offense’’ and inserting ‘‘(3),

17 it may, under subsection (d), apply to the Attor18 ney General for $10,000, for its related appre19 hension and prosecution costs, and $22,500 per

20 year (up to a maximum of 5 years), for its re21 lated incarceration costs with both amounts for

22 costs adjusted annually for the rate of inflation’’;

23 (3) in subsection (c)(3), by—

24 (A) striking ‘‘if—’’ and inserting ‘‘unless—

25 ’’;

26 (B) striking—
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1 (i) ‘‘average’’;

2 (ii) ‘‘individuals convicted of the of3 fense for which,’’; and

4 (iii) ‘‘convicted by the State is’’; and

5 (C) inserting ‘‘not’’ before ‘‘less’’ each place

6 it appears.

7 (4) in subsections (d) and (e), respectively, by

8 striking ‘‘transferred’’;

9 (5) in subsection (e)(1), by—

10 (A) inserting ‘‘pursuant to section 506 of

11 the Omnibus Crime Control and Safe Streets Act

12 of 1968’’ before ‘‘that’’; and

13 (B) striking the last sentence and inserting

14 ‘‘No amount described under this section shall be

15 subject to section 3335(b) or 6503(d) of title 31,

16 United States Code’’.;

17 (6) in subsection (i)(1), by striking ‘‘State-’’ and

18 inserting ‘‘State (where practicable)-’’; and

19 (7) by striking subsection (i)(2) and inserting:

20 ‘‘(2) REPORT.—The Attorney General shall sub21 mit to Congress—

22 ‘‘(A) a report, by not later than 6 months

23 after the date of enactment of this Act, that pro24 vides national estimates of the nature and extent

25 of recidivism (with an emphasis on interstate re-
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1 cidivism) by State inmates convicted of murder,

2 rape, and dangerous sexual offenses;

3 ‘‘(B) a report, by not later than October 1,

4 2007, and October 1 of each year thereafter, that

5 provides statistical analysis and criminal his6 tory profiles of interstate recidivists identified in

7 any State applications under this section; and

8 ‘‘(C) reports, at regular intervals not to ex9 ceed every five years, that include the informa10 tion described in paragraph (1).’’.

11 Subtitle C—MISCELLANEOUS

12 PROVISIONS

13 SEC. 1171. TECHNICAL AMENDMENTS RELATING TO PUBLIC

14 LAW 107–56.

15 (a) STRIKING SURPLUS WORDS.—

16 (1) Section 2703(c)(1) of title 18, United States

17 Code, is amended by striking ‘‘or’’ at the end of sub18 paragraph (C).

19 (2) Section 1960(b)(1)(C) of title 18, United

20 States Code, is amended by striking ‘‘to be used to be

21 used’’ and inserting ‘‘to be used’’.

22 (b) PUNCTUATION AND GRAMMAR CORRECTIONS.—

23 Section 2516(1)(q) of title 18, United States Code, is

24 amended—
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1 (1) by striking the semicolon after the first close

2 parenthesis; and

3 (2) by striking ‘‘sections’’ and inserting ‘‘sec4 tion’’.

5 (c) CROSS REFERENCE CORRECTION.—Section 322 of

6 Public Law 107–56 is amended, effective on the date of the

7 enactment of that section, by striking ‘‘title 18’’ and insert8 ing ‘‘title 28’’.

9 SEC. 1172. MISCELLANEOUS TECHNICAL AMENDMENTS.

10 (a) TABLE OF SECTIONS OMISSION.—The table of sec11 tions at the beginning of chapter 203 of title 18, United

12 States Code, is amended by inserting after the item relating

13 to section 3050 the following new item:

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives’’.

14 (b) REPEAL OF DUPLICATIVE PROGRAM.—Section 316

15 of Part A of the Runaway and Homeless Youth Act (42

16 U.S.C. 5712d), as added by section 40155 of the Violent

17 Crime Control and Law Enforcement Act of 1994 (Public

18 Law 103–322; 108 Stat. 1922), is repealed.

19 (c) REPEAL OF PROVISION RELATING TO UNAUTHOR20 IZED PROGRAM.—Section 20301 of Public Law 103–322 is

21 amended by striking subsection (c).

22 SEC. 1173. USE OF FEDERAL TRAINING FACILITIES.

23 (a) FEDERAL TRAINING FACILITIES.—Unless author24 ized in writing by the Attorney General, or the Assistant
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1 Attorney General for Administration, if so delegated by the

2 Attorney General, the Department of Justice (and each enti3 ty within it) shall use for any predominantly internal

4 training or conference meeting only a facility that does not

5 require a payment to a private entity for use of the facility.

6 (b) ANNUAL REPORT.—The Attorney General shall

7 prepare an annual report to the Chairmen and ranking mi8 nority members of the Committees on the Judiciary of the

9 Senate and of the House of Representatives that details each

10 training and conference meeting that requires specific au11 thorization under subsection (a). The report shall include

12 an explanation of why the facility was chosen, and a break13 down of any expenditures incurred in excess of the cost of

14 conducting the training or meeting at a facility that did

15 not require such authorization.

16 SEC. 1174. PRIVACY OFFICER.

17 (a) IN GENERAL.—The Attorney General shall des18 ignate a senior official in the Department of Justice to as19 sume primary responsibility for privacy policy.

20 (b) RESPONSIBILITIES.—The responsibilities of such

21 official shall include advising the Attorney General

22 regarding—

23 (1) appropriate privacy protections, relating to

24 the collection, storage, use, disclosure, and security of

25 personally identifiable information, with respect to
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1 the Department’s existing or proposed information

2 technology and information systems;

3 (2) privacy implications of legislative and regu4 latory proposals affecting the Department and involv5 ing the collection, storage, use, disclosure, and secu6 rity of personally identifiable information;

7 (3) implementation of policies and procedures,

8 including appropriate training and auditing, to en9 sure the Department’s compliance with privacy-re10 lated laws and policies, including section 552a of title

11 5, United States Code, and Section 208 of the E-Gov12 ernment Act of 2002 (Pub. L. 107–347);

13 (4) ensuring that adequate resources and staff

14 are devoted to meeting the Department’s privacy-re15 lated functions and obligations;

16 (5) appropriate notifications regarding the De17 partment’s privacy policies and privacy-related in18 quiry and complaint procedures; and

19 (6) privacy-related reports from the Department

20 to Congress and the President.

21 (c) REVIEWOF PRIVACY RELATED FUNCTIONS, RE22 SOURCES, AND REPORT.—Within 120 days of his designa23 tion, the privacy official shall prepare a comprehensive re24 port to the Attorney General and to the Committees on the

25 Judiciary of the House of Representatives and of the Senate,
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1 describing the organization and resources of the Department

2 with respect to privacy and related information manage3 ment functions, including access, security, and records

4 management, assessing the Department’s current and future

5 needs relating to information privacy issues, and making

6 appropriate recommendations regarding the Department’s

7 organizational structure and personnel.

8 (d) ANNUAL REPORT.—The privacy official shall sub9 mit a report to the Committees on the Judiciary of the

10 House of Representatives and of the Senate on an annual

11 basis on activities of the Department that affect privacy,

12 including a summary of complaints of privacy violations,

13 implementation of section 552a of title 5, United States

14 Code, internal controls, and other relevant matters.

15 SEC. 1175. BANKRUPTCY CRIMES.

16 The Director of the Executive Office for United States

17 Trustees shall prepare an annual report to the Congress

18 detailing—

19 (1) the number and types of criminal referrals

20 made by the United States Trustee Program;

21 (2) the outcomes of each criminal referral;

22 (3) for any year in which the number of crimi23 nal referrals is less than for the prior year, an expla24 nation of the decrease; and
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1 (4) the United States Trustee Program’s efforts

2 to prevent bankruptcy fraud and abuse, particularly

3 with respect to the establishment of uniform internal

4 controls to detect common, higher risk frauds, such as

5 a debtor’s failure to disclose all assets.

6 SEC. 1176. REPORT TO CONGRESS ON STATUS OF UNITED

7 STATES PERSONS OR RESIDENTS DETAINED

8 ON SUSPICION OF TERRORISM.

9 Not less often than once every 12 months, the Attorney

10 General shall submit to Congress a report on the status of

11 United States persons or residents detained, as of the date

12 of the report, on suspicion of terrorism. The report shall—

13 (1) specify the number of persons or residents so

14 detained; and

15 (2) specify the standards developed by the De16 partment of Justice for recommending or determining

17 that a person should be tried as a criminal defendant

18 or should be designated as an enemy combatant.

19 SEC. 1177. INCREASED PENALTIES AND EXPANDED JURIS20 DICTION FOR SEXUAL ABUSE OFFENSES IN

21 CORRECTIONAL FACILITIES.

22 (a) EXPANDED JURISDICTION.—The following provi23 sions of title 18, United States Code, are each amended by

24 inserting ‘‘or in any prison, institution, or facility in

25 which persons are held in custody by direction of or pursu-
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1 ant to a contract or agreement with the Attorney General’’

2 after ‘‘in a Federal prison,’’:

3 (1) Subsections (a) and (b) of section 2241.

4 (2) The first sentence of subsection (c) of section

5 2241.

6 (3) Section 2242.

7 (4) Subsections (a) and (b) of section 2243.

8 (5) Subsections (a) and (b) of section 2244.

9 (b) INCREASED PENALTIES.—

10 (1) SEXUAL ABUSE OF A WARD.—Section

11 2243(b) of such title is amended by striking ‘‘one

12 year’’ and inserting ‘‘five years’’.

13 (2) ABUSIVE SEXUAL CONTACT.—Section 2244 of

14 such title is amended by striking ‘‘six months’’ and

15 inserting ‘‘two years’’ in each of subsections (a)(4)

16 and (b).

17 SEC. 1178. EXPANDED JURISDICTION FOR CONTRABAND

18 OFFENSES IN CORRECTIONAL FACILITIES.

19 Section 1791(d)(4) of title 18, United States Code, is

20 amended by inserting ‘‘or any prison, institution, or facil21 ity in which persons are held in custody by direction of

22 or pursuant to a contract or agreement with the Attorney

23 General’’ after ‘‘penal facility’’.
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1 SEC. 1179. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE

2 PRELIMINARY HEARING.

3 The second sentence of section 3060(c) of title 18,

4 United States Code, is amended to read as follows: ‘‘In the

5 absence of such consent of the accused, the judge or mag6 istrate judge may extend the time limits only on a showing

7 that extraordinary circumstances exist and justice requires

8 the delay.’’.

9 SEC. 1180. TECHNICAL CORRECTIONS RELATING TO

10 STEROIDS.

11 Section 102(41)(A) of the Controlled Substances Act

12 (21 U.S.C. 802(41)(A)), as amended by the Anabolic Ster13 oid Control Act of 2004 (Public law 108–358), is amended

14 by—

15 (1) striking clause (xvii) and inserting the fol16 lowing:

17 ‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one;’’;

18 and

19 (2) striking clause (xliv) and inserting the fol20 lowing:

21 ‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy-[5α]-

22 androst-2-eno[3,2-c]-pyrazole);’’.

23 SEC. 1181. PRISON RAPE COMMISSION EXTENSION.

24 Section 7 of the Prison Rape Elimination Act of 2003

25 (42 U.S.C. 15606) is amended in subsection (d)(3)(A) by

26 striking ‘‘2 years’’ and inserting ‘‘3 years’’.
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1 SEC. 1182. LONGER STATUTE OF LIMITATION FOR HUMAN

2 TRAFFICKING-RELATED OFFENSES.

3 (a) IN GENERAL.—Chapter 213 of title 18, United

4 States Code, is amended by adding at the end the following

5 new section:

6 ‘‘§ 3298. Trafficking-related offenses

7 ‘‘No person shall be prosecuted, tried, or punished for

8 any non-capital offense or conspiracy to commit a non-cap9 ital offense under section 1581 (Peonage; Obstructing En10 forcement), 1583 (Enticement into Slavery), 1584 (Sale

11 into Involuntary Servitude), 1589 (Forced Labor), 1590

12 (Trafficking with Respect to Peonage, Slavery, Involuntary

13 Servitude, or Forced Labor), or 1592 (Unlawful Conduct

14 with Respect to Documents in furtherance of Trafficking,

15 Peonage, Slavery, Involuntary Servitude, or Forced Labor)

16 of this title or under section 274(a) of the Immigration and

17 Nationality Act unless the indictment is found or the infor18 mation is instituted not later than 10 years after the com19 mission of the offense.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of such chapter is amended by adding at the

22 end the following new item:

‘‘3298. Trafficking-related offenses’’.

23 (c) MODIFICATION OF STATUTE APPLICABLE TO OF24 FENSE AGAINST CHILDREN.—Section 3283 of title 18,

25 United States Code, is amended by inserting ‘‘, or for ten
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1 years after the offense, whichever is longer’’ after ‘‘of the

2 child’’.

3 SEC. 1183. USE OF CENTER FOR CRIMINAL JUSTICE TECH4 NOLOGY.

5 (a) IN GENERAL.—The Attorney General may use the

6 services of the Center for Criminal Justice Technology, a

7 nonprofit ‘‘center of excellence’’ that provides technology as8 sistance and expertise to the criminal justice community.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

10 authorized to be appropriated to the Attorney General to

11 carry out this section the following amounts, to remain

12 available until expended:

13 (1) $7,500,000 for fiscal year 2006;

14 (2) $7,500,000 for fiscal year 2007; and

15 (3) $10,000,000 for fiscal year 2008.

16 SEC. 1184. SEARCH GRANTS.

17 (a) IN GENERAL.—Pursuant to subpart 1 of part E

18 of title I of the Omnibus Crime Control and Safe Streets

19 Act of 1968, the Attorney General may make grants to

20 SEARCH, the National Consortium for Justice Informa21 tion and Statistics, to carry out the operations of the Na22 tional Technical Assistance and Training Program.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

24 authorized to be appropriated to the Attorney General to
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1 carry out this section $4,000,000 for each of fiscal years

2 2006 through 2009.

3 SEC. 1185. REAUTHORIZATION OF LAW ENFORCEMENT

4 TRIBUTE ACT.

5 Section 11001 of Public Law 107–273 (42 U.S.C.

6 15208; 116 Stat. 1816) is amended in subsection (i) by

7 striking ‘‘2006’’ and inserting ‘‘2009’’.

8 SEC. 1186. AMENDMENT REGARDING BULLYING AND

9 GANGS.

10 Paragraph (13) of section 1801(b) of the Omnibus

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

12 3796ee(b)) is amended to read as follows:

13 ‘‘(13) establishing and maintaining account14 ability-based programs that are designed to enhance

15 school safety, which programs may include research16 based bullying, cyberbullying, and gang prevention

17 programs;’’.

18 SEC. 1187. TRANSFER OF PROVISIONS RELATING TO THE

19 BUREAU OF ALCOHOL, TOBACCO, FIREARMS,

20 AND EXPLOSIVES.

21 (a) ORGANIZATIONAL PROVISION.—Part II of title 28,

22 United States Code, is amended by adding at the end the

23 following new chapter:
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1 ‘‘CHAPTER 40A—BUREAU OF ALCOHOL,

2 TOBACCO, FIREARMS, AND EXPLOSIVES

‘‘Sec

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

‘‘599B. Personnel management demonstration project’’.

3 (b) TRANSFER OF PROVISIONS.—The section heading

4 for, and subsections (a), (b), (c)(1), and (c)(3) of, section

5 1111, and section 1115, of the Homeland Security Act of

6 2002 (6 U.S.C. 531(a), (b), (c)(1), and (c)(3), and 533) are

7 hereby transferred to, and added at the end of chapter 40A

8 of such title, as added by subsection (a) of this section.

9 (c) CONFORMING AMENDMENTS.—

10 (1) Such section 1111 is amended—

11 (A) by striking the section heading and in12 serting the following:

13 ‘‘§ 599A. Bureau of alcohol, tobacco, firearms, and Ex14 plosives’’;

15 and

16 (B) in subsection (b)(2), by inserting ‘‘of

17 section 1111 of the Homeland Security Act of

18 2002 (as enacted on the date of the enactment of

19 such Act)’’ after ‘‘subsection (c)’’,

20 and such section heading and such subsections (as so

21 amended) shall constitute section 599A of such title.

22 (2) Such section 1115 is amended by striking the

23 section heading and inserting the following:
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1 ‘‘§ 599B. Personnel Management demonstration

2 project’’,

3 and such section (as so amended) shall constitute

4 section 599B of such title.

5 (d) CLERICAL AMENDMENT.—The chapter analysis for

6 such part is amended by adding at the end the following

7 new item:

‘‘40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives2599A’’. .....................................................................

8 SEC. 1188. REAUTHORIZE THE GANG RESISTANCE EDU9 CATION AND TRAINING PROJECTS PROGRAM.

10 Section 32401(b) of the Violent Crime Control Act of

11 1994 (42 U.S.C. 13921(b)) is amended by striking para12 graphs (1) through (6) and inserting the following:

13 ‘‘(1) $20,000,000 for fiscal year 2006;

14 ‘‘(2) $20,000,000 for fiscal year 2007;

15 ‘‘(3) $20,000,000 for fiscal year 2008;

16 ‘‘(4) $20,000,000 for fiscal year 2009; and

17 ‘‘(5) $20,000,000 for fiscal year 2010.’’.

18 SEC. 1189. NATIONAL TRAINING CENTER.

19 (a) IN GENERAL.—The Attorney General may use the

20 services of the National Training Center in Sioux City,

21 Iowa, to utilize a national approach to bring communities

22 and criminal justice agencies together to receive training

23 to control the growing national problem of methamphet24 amine, poly drugs and their associated crimes. The Na25 tional Training Center in Sioux City, Iowa, seeks a com-
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1 prehensive approach to control and reduce methamphet2 amine trafficking, production and usage through training.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated to the Attorney General to

5 carry out this section the following amounts, to remain

6 available until expended:

7 (1) $2,500,000 for fiscal year 2006.

8 (2) $3,000,000 for fiscal year 2007.

9 (3) $3,000,000 for fiscal year 2008.

10 (4) $3,000,000 for fiscal year 2009.

11 SEC. 1190. SENSE OF CONGRESS RELATING TO ‘‘GOOD

12 TIME’’ RELEASE.

13 It is the sense of Congress that it is important to study

14 the concept of implementing a ‘‘good time’’ release program

15 for non-violent criminals in the Federal prison system.

16 SEC. 1191. PUBLIC EMPLOYEE UNIFORMS.

17 (a) IN GENERAL.—Section 716 of title 18, United

18 States Code, is amended—

19 (1) by striking ‘‘police badge’’ each place it ap20 pears in subsections (a) and (b) and inserting ‘‘offi21 cial insignia or uniform’’;

22 (2) in each of paragraphs (2) and (4) of sub23 section (a), by striking ‘‘badge of the police’’ and in24 serting ‘‘official insignia or uniform’’;

25 (3) in subsection (b)—
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1 (A) by striking ‘‘the badge’’ and inserting

2 ‘‘the insignia or uniform’’;

3 (B) by inserting ‘‘is other than a counterfeit

4 insignia or uniform and’’ before ‘‘is used or is

5 intended to be used’’; and

6 (C) by inserting ‘‘is not used to mislead or

7 deceive, or’’ before ‘‘is used or intended’’;

8 (4) in subsection (c)—

9 (A) by striking ‘‘and’’ at the end of para10 graph (1);

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

12 paragraph (2) and inserting ‘‘; and’’;

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

14 ‘‘(3) the term ‘official insignia or uniform’

15 means an article of distinctive clothing or insignia,

16 including a badge, emblem or identification card, that

17 is an indicium of the authority of a public employee;

18 ‘‘(4) the term ‘public employee’ means any offi19 cer or employee of the Federal Government or of a

20 State or local government; and

21 ‘‘(5) the term ‘uniform’ means distinctive cloth22 ing or other items of dress, whether real or counter23 feit, worn during the performance of official duties

24 and which identifies the wearer as a public agency

25 employee.’’; and
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1 (5) by adding at the end the following:

2 ‘‘(d) It is a defense to a prosecution under this section

3 that the official insignia or uniform is not used or intended

4 to be used to mislead or deceive, or is a counterfeit insignia

5 or uniform and is used or is intended to be used

6 exclusively—

7 ‘‘(1) for a dramatic presentation, such as a the8 atrical, film, or television production; or

9 ‘‘(2) for legitimate law enforcement purposes.’’;

10 and

11 (6) in the heading for the section, by striking

12 ‘‘POLICE BADGES’’ and inserting ‘‘PUBLIC EM13 PLOYEE INSIGNIA AND UNIFORM’’.

14 (b) CONFORMING AMENDMENT TO TABLE OF SEC15 TIONS.—The item in the table of sections at the beginning

16 of chapter 33 of title 18, United States Code, relating to

17 section 716 is amended by striking ‘‘Police badges’’ and in18 serting ‘‘Public employee insignia and uniform’’.

19 (c) DIRECTION TO SENTENCING COMMISSION.—The

20 United States Sentencing Commission is directed to make

21 appropriate amendments to sentencing guidelines, policy

22 statements, and official commentary to assure that the sen23 tence imposed on a defendant who is convicted of a Federal

24 offense while wearing or displaying insignia and uniform
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1 received in violation of section 716 of title 18, United States

2 Code, reflects the gravity of this aggravating factor.

3 SEC. 1192. OFFICIALLY APPROVED POSTAGE.

4 Section 475 of title 18, United States Code, is amended

5 by adding at the end the following: ‘‘Nothing in this section

6 applies to evidence of postage payment approved by the

7 United States Postal Service.’’.

8 SEC. 1193. AUTHORIZATION OF ADDITIONAL APPROPRIA9 TIONS.

10 In addition to any other amounts authorized by law,

11 there are authorized to be appropriated for grants to the

12 American Prosecutors Research Institute under section

13 214A of the Victims of Child Abuse Act of 1990 (42 U.S.C.

14 13003) $7,500,000 for each of fiscal years 2006 through

15 2010.

16 SEC. 1194. ASSISTANCE TO COURTS.

17 The chief judge of each United States district court is

18 encouraged to cooperate with requests from State and local

19 authorities whose operations have been significantly dis20 rupted as a result of Hurricane Katrina or Hurricane Rita

21 to provide accommodations in Federal facilities for State

22 and local courts to conduct their proceedings.
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1 SEC. 1195. STUDY AND REPORT ON CORRELATION BETWEEN

2 SUBSTANCE ABUSE AND DOMESTIC VIO3 LENCE AT DOMESTIC VIOLENCE SHELTERS.

4 The Secretary of Health and Human Services shall

5 carry out a study on the correlation between a perpetrator’s

6 drug and alcohol abuse and the reported incidence of domes7 tic violence at domestic violence shelters. The study shall

8 cover fiscal years 2006 through 2008. Not later than Feb9 ruary 2009, the Secretary shall submit to Congress a report

10 on the results of the study.

11 SEC. 1196. REAUTHORIZATION OF STATE CRIMINAL ALIEN

12 ASSISTANCE PROGRAM.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

14 241(i)(5) of the Immigration and Nationality Act (8 U.S.C.

15 1231(i)(5)) is amended by striking ‘‘appropriated’’ and all

16 that follows through the period and inserting the following:

17 ‘‘appropriated to carry out this subsection—

18 ‘‘(A) $750,000,000 for fiscal year 2006;

19 ‘‘(B) $850,000,000 for fiscal year 2007; and

20 ‘‘(C) $950,000,000 for each of the fiscal

21 years 2008 through 2011.’’.

22 (b) LIMITATION ON USE OF FUNDS.—Section 241(i)(6)

23 of the Immigration and Nationality Act (8 U.S.C.

24 1231(i)(6)) is amended to read as follows:

25 ‘‘(6) Amounts appropriated pursuant to the au26 thorization of appropriations in paragraph (5) that
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1 are distributed to a State or political subdivision of

2 a State, including a municipality, may be used only

3 for correctional purposes.’’.

4 (c) STUDY AND REPORT ON STATE AND LOCAL ASSIST5 ANCE IN INCARCERATING UNDOCUMENTED CRIMINAL

6 ALIENS.—

7 (1) IN GENERAL.—Not later than 1 year after

8 the date of the enactment of this Act, the Inspector

9 General of the United States Department of Justice

10 shall perform a study, and report to the Committee

11 on the Judiciary of the United States House of Rep12 resentatives and the Committee on the Judiciary of

13 the United States Senate on the following:

14 (A) Whether there are States, or political

15 subdivisions of a State, that have received com16 pensation under section 241(i) of the Immigra17 tion and Nationality Act (8 U.S.C. 1231(i)) and

18 are not fully cooperating in the Department of

19 Homeland Security’s efforts to remove from the

20 United States undocumented criminal aliens (as

21 defined in paragraph (3) of such section).

22 (B) Whether there are States, or political

23 subdivisions of a State, that have received com24 pensation under section 241(i) of the Immigra25 tion and Nationality Act (8 U.S.C. 1231(i)) and
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1 that have in effect a policy that violates section

2 642 of the Illegal Immigration Reform and Im3 migrant Responsibility Act of 1996 (8 U.S.C.

4 1373).

5 (C) The number of criminal offenses that

6 have been committed by aliens unlawfully

7 present in the United States after having been

8 apprehended by States or local law enforcement

9 officials for a criminal offense and subsequently

10 being released without being referred to the De11 partment of Homeland Security for removal

12 from the United States.

13 (D) The number of aliens described in sub14 paragraph (C) who were released because the

15 State or political subdivision lacked space or

16 funds for detention of the alien.

17 (2) IDENTIFICATION.—In the report submitted

18 under paragraph (1), the Inspector General of the

19 United States Department of Justice—

20 (A) shall include a list identifying each

21 State or political subdivision of a State that is

22 determined to be described in subparagraph (A)

23 or (B) of paragraph (1); and
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1 (B) shall include a copy of any written pol2 icy determined to be described in subparagraph

3 (B).

4 SEC. 1197. EXTENSION OF CHILD SAFETY PILOT PROGRAM.

5 Section 108 of the PROTECT Act (42 U.S.C. 5119a

6 note) is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (2)(B), by striking ‘‘A

9 volunteer organization in a participating State

10 may not submit background check requests under

11 paragraph (3).’’;

12 (B) in paragraph (3)—

13 (i) in subparagraph (A), by striking

14 ‘‘a 30-month’’ and inserting ‘‘a 60-month’’;

15 (ii) in subparagraph (A), by striking

16 ‘‘100,000’’ and inserting ‘‘200,000’’; and

17 (iii) by striking subparagraph (B) and

18 inserting the following:

19 ‘‘(B) PARTICIPATING ORGANIZATIONS.—

20 ‘‘(i) ELIGIBLE ORGANIZATIONS.—Eli21 gible organizations include—

22 ‘‘(I) the Boys and Girls Clubs of

23 America;

24 ‘‘(II) the MENTOR/National

25 Mentoring Partnership;
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1 ‘‘(III) the National Council of

2 Youth Sports; and

3 ‘‘(IV) any nonprofit organization

4 that provides care, as that term is de5 fined in section 5 of the National Child

6 Protection Act of 1993 (42 U.S.C.

7 5119c), for children.

8 ‘‘(ii) PILOT PROGRAM.—The eligibility

9 of an organization described in clause

10 (i)(IV) to participate in the pilot program

11 established under this section shall be deter12 mined by the National Center for Missing

13 and Exploited Children, with the rejection

14 or concurrence within 30 days of the Attor15 ney General, according to criteria estab16 lished by such Center, including the poten17 tial number of applicants and suitability of

18 the organization to the intent of this section.

19 If the Attorney General fails to reject or

20 concur within 30 days, the determination of

21 the National Center for Missing and Ex22 ploited Children shall be conclusive.’’;

23 (iv) by striking subparagraph (C) and

24 inserting the following:
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1 ‘‘(C) APPLICANTS FROM PARTICIPATING OR2 GANIZATIONS.—Participating organizations may

3 request background checks on applicants for posi4 tions as volunteers and employees who will be

5 working with children or supervising volun6 teers.’’;

7 (v) in subparagraph (D), by striking

8 ‘‘the organizations described in subpara9 graph (C)’’ and inserting ‘‘participating or10 ganizations’’; and

11 (vi) in subparagraph (F), by striking

12 ‘‘14 business days’’ and inserting ‘‘10 busi13 ness days’’;

14 (2) in subsection (c)(1), by striking ‘‘and 2005’’

15 and inserting ‘‘through 2008’’; and

16 (3) in subsection (d)(1), by adding at the end the

17 following:

18 ‘‘(O) The extent of participation by eligible

19 organizations in the state pilot program.’’.

20 SEC. 1198. TRANSPORTATION AND SUBSISTENCE FOR SPE21 CIAL SESSIONS OF DISTRICT COURTS.

22 (a) TRANSPORTATION AND SUBSISTENCE.—Section

23 141(b) of title 28, United States Code, as added by section

24 2(b) of Public Law 109–63, is amended by adding at the

25 end the following:
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1 ‘‘(5) If a district court issues an order exercising its

2 authority under paragraph (1), the court shall direct the

3 United States marshal of the district where the court is

4 meeting to furnish transportation and subsistence to the

5 same extent as that provided in sections 4282 and 4285

6 of title 18.’’.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated such sums as may be nec9 essary to carry out paragraph (5) of section 141(b) of title

10 28, United States Code, as added by subsection (a) of this

11 section.

12 SEC. 1199. YOUTH VIOLENCE REDUCTION DEMONSTRATION

13 PROJECTS.

14 (a) ESTABLISHMENT OF YOUTH VIOLENCE REDUC15 TION DEMONSTRATION PROJECTS.—

16 (1) IN GENERAL.—The Attorney General shall

17 make up to 5 grants for the purpose of carrying out

18 Youth Violence Demonstration Projects to reduce juve19 nile and young adult violence, homicides, and recidi20 vism among high-risk populations.

21 (2) ELIGIBLE ENTITIES.—An entity is eligible

22 for a grant under paragraph (1) if it is a unit of

23 local government or a combination of local govern24 ments established by agreement for purposes of under25 taking a demonstration project.
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1 (b) SELECTION OF GRANT RECIPIENTS.—

2 (1) AWARDS.—The Attorney General shall award

3 grants for Youth Violence Reduction Demonstration

4 Projects on a competitive basis.

5 (2) AMOUNT OF AWARDS.—No single grant

6 award made under subsection (a) shall exceed

7 $15,000,000 per fiscal year.

8 (3) APPLICATION.—An application for a grant

9 under paragraph (1) shall be submitted to the Attor10 ney General in such a form, and containing such in11 formation and assurances, as the Attorney General

12 may require, and at a minimum shall propose—

13 (A) a program strategy targeting areas with

14 the highest incidence of youth violence and homi15 cides;

16 (B) outcome measures and specific objective

17 indicia of performance to assess the effectiveness

18 of the program; and

19 (C) a plan for evaluation by an inde20 pendent third party.

21 (4) DISTRIBUTION.—In making grants under

22 this section, the Attorney General shall ensure the fol23 lowing:

24 (A) No less than 1 recipient is a city with

25 a population exceeding 1,000,000 and an in-
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1 crease of at least 30 percent in the aggregated ju2 venile and young adult homicide victimization

3 rate during calendar year 2005 as compared to

4 calendar year 2004.

5 (B) No less than one recipient is a non6 metropolitan county or group of counties with

7 per capita arrest rates of juveniles and young

8 adults for serious violent offenses that exceed the

9 national average for nonmetropolitan counties by

10 at least 5 percent.

11 (5) CRITERIA.—In making grants under this sec12 tion, the Attorney General shall give preference to en13 tities operating programs that meet the following cri14 teria:

15 (A) A program focus on

16 (i) reducing youth violence and homi17 cides, with an emphasis on juvenile and

18 young adult probationers and other juve19 niles and young adults who have had or are

20 likely to have contact with the juvenile jus21 tice system;

22 (ii) fostering positive relationships be23 tween program participants and supportive

24 adults in the community; and
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1 (iii) accessing comprehensive supports

2 for program participants through coordi3 nated community referral networks, includ4 ing job opportunities, educational pro5 grams, counseling services, substance abuse

6 programs, recreational opportunities, and

7 other services;

8 (B) A program goal of almost daily contacts

9 with and supervision of participating juveniles

10 and young adults through small caseloads and a

11 coordinated team approach among case man12 agers drawn from the community, probation offi13 cers, and police officers;

14 (C) The use of existing structures, local gov15 ernment agencies, and nonprofit organizations to

16 operate the program;

17 (D) Inclusion in program staff of individ18 uals who live or have lived in the community in

19 which the program operates; have personal expe20 riences or cultural competency that build credi21 bility in relationships with program partici22 pants; and will serve as a case manager, inter23 mediary, and mentor;

24 (E) Fieldwork and neighborhood outreach

25 in communities where the young violent offenders
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1 live, including support of the program from local

2 public and private organizations and commu3 nity members;

4 (F) Imposition of graduated probation

5 sanctions to deter violent and criminal behavior.

6 (G) A record of program operation and ef7 fectiveness evaluation over a period of at least

8 five years prior to the date of enactment of this

9 Act;

10 (H) A program structure that can serve as

11 a model for other communities in addressing the

12 problem of youth violence and juvenile and

13 young adult recidivism.

14 (c) AUTHORIZED ACTIVITIES.—Amounts paid to an el15 igible entity under a grant award may be used for the fol16 lowing activities:

17 (1) Designing and enhancing program activities;

18 (2) Employing and training personnel.

19 (3) Purchasing or leasing equipment.

20 (4) Providing services and training to program

21 participants and their families.

22 (5) Supporting related law enforcement and pro23 bation activities, including personnel costs.

24 (6) Establishing and maintaining a system of

25 program records.
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1 (7) Acquiring, constructing, expanding, ren2 ovating, or operating facilities to support the pro3 gram.

4 (8) Evaluating program effectiveness.

5 (9) Undertaking other activities determined by

6 the Attorney General as consistent with the purposes

7 and requirements of the demonstration program.

8 (d) EVALUATION AND REPORTS.—

9 (1) INDEPENDENT EVALUATION.—The Attorney

10 General may use up to $500,000 of funds appro11 priated annually under this such section to—

12 (A) prepare and implement a design for in13 terim and overall evaluations of performance

14 and progress of the funded demonstration

15 projects;

16 (B) provide training and technical assist17 ance to grant recipients; and

18 (C) disseminate broadly the information

19 generated and lessons learned from the operation

20 of the demonstration projects.

21 (2) REPORTS TO CONGRESS.—Not later than 120

22 days after the last day of each fiscal year for which

23 1 or more demonstration grants are awarded, the At24 torney General shall submit to Congress a report

25 which shall include—
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1 (A) a summary of the activities carried out

2 with such grants;

3 (B) an assessment by the Attorney General

4 of the program carried out; and

5 (C) such other information as the Attorney

6 General considers appropriate.

7 (e) FEDERAL SHARE.—

8 (1) IN GENERAL.—The Federal share of a grant

9 awarded under this Act shall not exceed 90 percent of

10 the total program costs.

11 (2) NON-FEDERAL SHARE.—The non-Federal

12 share of such cost may be provided in cash or in-kind.

13 (f) DEFINITIONS.—In this section:

14 (1) UNIT OF LOCAL GOVERNMENT.—The term

15 ‘‘unit of local government’’ means a county, township,

16 city, or political subdivision of a county, township, or

17 city, that is a unit of local government as determined

18 by the Secretary of Commerce for general statistical

19 purposes.

20 (2) JUVENILE.—The term ‘‘juvenile’’ means an

21 individual who is 17 years of age or younger.

22 (3) YOUNG ADULT.—The term ‘‘young adult’’

23 means an individual who is 18 through 24 years of

24 age.
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out this section

3 $50,000,000 for fiscal year 2007 and such sums as may be

4 necessary for each of fiscal years 2008 through 2009, to re5 main available until expended.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 3402

AMENDMENT