109TH CONGRESS 

1ST SESSION H. R. 3402

AN ACT

To authorize appropriations for the Department of 

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

109TH CONGRESS 

1ST SESSION H. R. 3402

AN ACT

To authorize appropriations for the Department of Justice 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2

•HR 3402 EH 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Department of Justice Appropriations Authorization Act, 

4 Fiscal Years 2006 through 2009’’. 

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

6 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Authorization of appropriations for fiscal year 2006. 

Sec. 102. Authorization of appropriations for fiscal year 2007. 

Sec. 103. Authorization of appropriations for fiscal year 2008. 

Sec. 104. Authorization of appropriations for fiscal year 2009. 

Sec. 105. Organized retail theft. 

Sec. 106. United States-Mexico Border Violence Task Force. 

Sec. 107. National Gang Intelligence Center. 

TITLE II—IMPROVING THE DEPARTMENT OF JUSTICE’S GRANT 

PROGRAMS 

Subtitle A—Assisting Law Enforcement and Criminal Justice Agencies 

Sec. 201. Merger of Byrne grant program and Local Law Enforcement Block 

Grant program. 

Sec. 202. Clarification of number of recipients who may be selected in a given 

year to receive Public Safety Officer Medal of Valor. 

Sec. 203. Clarification of official to be consulted by Attorney General in considering application for emergency Federal law enforcement assistance. 

Sec. 204. Clarification of uses for regional information sharing system grants. 

Sec. 205. Integrity and enhancement of national criminal record databases. 

Sec. 206. Extension of matching grant program for law enforcement armor 

vests. 

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

Crime 

Sec. 211. Office of Weed and Seed Strategies. 

Subtitle C—Assisting Victims of Crime 

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

to victims of crime. 

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

Victims Fund. 

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

for training purposes. 

Sec. 224. Clarification of authorities relating to Violence Against Women formula and discretionary grant programs. 
3

•HR 3402 EH 

Sec. 225. Change of certain reports from annual to biennial. 

Sec. 226. Grants for young witness assistance. 

Subtitle D—Preventing Crime 

Sec. 231. Clarification of definition of violent offender for purposes of juvenile 

drug courts. 

Sec. 232. Changes to distribution and allocation of grants for drug courts. 

Sec. 233. Eligibility for grants under drug court grants program extended to 

courts that supervise non-offenders with substance abuse problems. 

Sec. 234. Term of Residential Substance Abuse Treatment program for local 

facilities. 

Sec. 235. Enhanced residential substance abuse treatment program for State 

prisoners. 

Subtitle E—Other Matters 

Sec. 241. Changes to certain financial authorities. 

Sec. 242. Coordination duties of Assistant Attorney General. 

Sec. 243. Simplification of compliance deadlines under sex-offender registration 

laws. 

Sec. 244. Repeal of certain programs. 

Sec. 245. Elimination of certain notice and hearing requirements. 

Sec. 246. Amended definitions for purposes of Omnibus Crime Control and 

Safe Streets Act of 1968. 

Sec. 247. Clarification of authority to pay subsistence payments to prisoners for 

health care items and services. 

Sec. 248. Office of Audit, Assessment, and Management. 

Sec. 249. Community Capacity Development Office. 

Sec. 250. Office of Applied Law Enforcement Technology. 

Sec. 251. Availability of funds for grants. 

Sec. 252. Consolidation of financial management systems of Office of Justice 

Programs. 

Sec. 253. Authorization and change of COPS program to single grant program. 

Sec. 254. Clarification of persons eligible for benefits under Public Safety Officers’ Death Benefits programs. 

Sec. 255. Pre-release and post-release programs for juvenile offenders. 

Sec. 256. Reauthorization of juvenile accountability block grants. 

Sec. 257. Sex offender management. 

Sec. 258. Evidence-based approaches. 

Sec. 259. Reauthorization of matching grant program for school security. 

TITLE III—MISCELLANEOUS PROVISIONS 

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

Sec. 302. Miscellaneous technical amendments. 

Sec. 303. Use of Federal training facilities. 

Sec. 304. Privacy officer. 

Sec. 305. Bankruptcy crimes. 

Sec. 306. Report to Congress on status of United States persons or residents 

detained on suspicion of terrorism. 

Sec. 307. Increased penalties and expanded jurisdiction for sexual abuse offenses in correctional facilities. 

Sec. 308. Expanded jurisdiction for contraband offenses in correctional facilities. 
4

•HR 3402 EH 

Sec. 309. Magistrate judge’s authority to continue preliminary hearing. 

Sec. 310. Technical corrections relating to steroids. 

Sec. 311. Prison Rape Commission extension. 

Sec. 312. Longer statute of limitation for human trafficking-related offenses. 

Sec. 313. Use of Center for Criminal Justice Technology. 

Sec. 314. SEARCH grants. 

Sec. 315. Reauthorization of Law Enforcement Tribute Act. 

Sec. 316. Amendment regarding bullying and gangs. 

Sec. 317. Transfer of provisions relating to the Bureau of Alcohol, Tobacco, 

Firearms, and Explosives. 

Sec. 318. Reauthorize the gang resistance education and training projects program. 

Sec. 319. National training center. 

Sec. 320. Sense of Congress relating to ‘‘good time’’ release. 

Sec. 321. Public employee uniforms. 

Sec. 322. Officially approved postage. 

Sec. 323. Authorization of additional appropriations. 

Sec. 324. Assistance to courts. 

Sec. 325. Study and report on correlation between substance abuse and domestic violence at domestic violence shelters. 

Sec. 326. Reauthorization of State criminal alien assistance program. 

TITLE IV—VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT 

OF 2005

Sec. 401. Short title. 

Sec. 402. Definitions and requirements for programs relating to violence 

against women. 

TITLE V—ENHANCING JUDICIAL AND LAW ENFORCEMENT 

TOOLS TO COMBAT VIOLENCE 

Sec. 501. STOP grants improvements. 

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

Sec. 503. Legal assistance for victims improvements. 

Sec. 504. Court training and improvements. 

Sec. 505. Full faith and credit improvements. 

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

sexual violence, and stalking. 

Sec. 507. Stalker database. 

Sec. 508. Victim assistants for District of Columbia. 

Sec. 509. Preventing cyberstalking. 

Sec. 510. Repeat offender provision. 

Sec. 511. Prohibiting dating violence. 

Sec. 512. GAO study and report. 

TITLE VI—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

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

Sec. 602. Sexual assault services program. 

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

Sec. 604. Assistance for victims of abuse. 

Sec. 605. GAO study of National Domestic Violence Hotline. 
5

•HR 3402 EH 

Sec. 606. Grants for outreach to underserved populations. 

TITLE VII—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG 

VICTIMS OF VIOLENCE 

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

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

Sec. 703. Safe havens. 

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

and stalking in middle and high schools. 

TITLE VIII—STRENGTHENING AMERICA’S FAMILIES BY 

PREVENTING VIOLENCE IN THE HOME 

Sec. 801. Preventing violence in the home. 

TITLE IX—PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE 

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

Subtitle A—Victims of Crime 

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

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

permanent residence. 

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

Subtitle B—VAWA Petitioners 

Sec. 911. Definition of VAWA petitioner. 

Sec. 912. Self-petitioning for children. 

Sec. 913. Self-petitioning parents. 

Sec. 914. Promoting consistency in VAWA adjudications. 

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

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

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

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

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

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

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

based on protected information. 

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

immigrant victims of domestic violence. 

Sec. 923. Authorization of appropriations. 

Subtitle C—Miscellaneous Provisions 

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

adopted children. 

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

Sec. 933. Employment authorization for battered spouses of certain nonimmigrants. 
6

•HR 3402 EH 

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

intended spouses. 

Sec. 935. Cancellation of removal. 

Sec. 936. Motions to reopen. 

Sec. 937. Removal proceedings. 

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

available in VAWA–2000 cancellation for bigamy. 

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

Sec. 940. Prohibiting abusers from sponsoring family immigrants. 

Sec. 941. Technical corrections. 

TITLE X—SAFETY ON TRIBAL LANDS 

Sec. 1001. Purposes. 

Sec. 1002. Consultation. 

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

Sec. 1004. Tracking of violence on tribal lands. 

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

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

and domestic violence on tribal lands. 

TITLE XI—PUBLIC AWARENESS CAMPAIGN REGARDING 

DOMESTIC VIOLENCE AGAINST PREGNANT WOMEN 

Sec. 1101. Public awareness campaign.

1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

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

5 There are authorized to be appropriated for fiscal 

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

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

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

10 (1) GENERAL ADMINISTRATION.—For General 

11 Administration: $161,407,000. 

12 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

13 For Administrative Review and Appeals: 
7

•HR 3402 EH 

1 $216,286,000 for administration of clemency peti2 tions and for immigration-related activities. 

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

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

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

7 (4) GENERAL LEGAL ACTIVITIES.—For General 

8 Legal Activities: $679,661,000, which shall in9 clude—

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

12 deportation cases involving alleged Nazi war 

13 criminals; 

14 (B) not less than $15,000,000 for the in15 vestigation and prosecution of violations of title 

16 17 of the United States Code; 

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

19 and 

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

21 prosecution of violations of chapter 77 of title 

22 18 of the United States Code. 

23 (5) ANTITRUST DIVISION.—For the Antitrust 

24 Division: $144,451,000. 
8

•HR 3402 EH 

1 (6) UNITED STATES ATTORNEYS.—For United 

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

3 (7) FEDERAL BUREAU OF INVESTIGATION.—

4 For the Federal Bureau of Investigation: 

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

6 $70,000 to meet unforeseen emergencies of a con7 fidential character. 

8 (8) UNITED STATES MARSHALS SERVICE.—For 

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

10 (9) FEDERAL PRISON SYSTEM.—For the Fed11 eral Prison System, including the National Institute 

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

13 (10) DRUG ENFORCEMENT ADMINISTRATION.—

14 For the Drug Enforcement Administration: 

15 $1,716,173,000, which shall include not to exceed 

16 $70,000 to meet unforeseen emergencies of a con17 fidential character. 

18 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE19 ARMS AND EXPLOSIVES.—For the Bureau of Alco20 hol, Tobacco, Firearms and Explosives: 

21 $923,613,000. 

22 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

25 construction of protected witness safesites. 
9

•HR 3402 EH 

1 (13) INTERAGENCY CRIME AND DRUG EN2 FORCEMENT.—For Interagency Crime and Drug 

3 Enforcement: $661,940,000 for expenses not other4 wise provided for, for the investigation and prosecu5 tion of persons involved in organized crime drug 

6 trafficking, except that any funds obligated from ap7 propriations authorized by this paragraph may be 

8 used under authorities available to the organizations 

9 reimbursed from such funds. 

10 (14) FOREIGN CLAIMS SETTLEMENT COMMIS11 SION.—For the Foreign Claims Settlement Commis12 sion: $1,270,000. 

13 (15) COMMUNITY RELATIONS SERVICE.— For 

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

15 (16) ASSETS FORFEITURE FUND.—For the As16 sets Forfeiture Fund: $21,468,000 for expenses au17 thorized by section 524 of title 28, United States 

18 Code. 

19 (17) UNITED STATES PAROLE COMMISSION.—

20 For the United States Parole Commission: 

21 $11,300,000. 

22 (18) FEDERAL DETENTION TRUSTEE.—For the 

23 necessary expenses of the Federal Detention Trust24 ee: $1,222,000,000. 
10

•HR 3402 EH 

1 (19) JUSTICE INFORMATION SHARING TECH2 NOLOGY.—For necessary expenses for information 

3 sharing technology, including planning, development, 

4 and deployment: $181,490,000. 

5 (20) NARROW BAND COMMUNICATIONS.—For 

6 the costs of conversion to narrowband communica7 tions, including the cost for operation and mainte8 nance of Land Mobile Radio legacy systems: 

9 $128,701,000. 

10 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

11 ACTIVITIES.—For the administrative expenses of the 

12 Office of Justice Programs, the Office on Violence 

13 Against Women, and Office of Community Oriented 

14 Policing Services: 

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

16 Programs. 

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

18 Against Women. 

19 (C) $31,343,000 for the Office of Commu20 nity Oriented Policing Services. 

21 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FIS22 CAL YEAR 2007. 

23 There are authorized to be appropriated for fiscal 

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

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

•HR 3402 EH 

1 commission, subdivision, unit, or other component there2 of), the following sums: 

3 (1) GENERAL ADMINISTRATION.—For General 

4 Administration: $167,863,000. 

5 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

6 For Administrative Review and Appeals: 

7 $224,937,000 for administration of clemency peti8 tions and for immigration-related activities. 

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

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

11 shall include not to exceed $10,000 to meet unfore12 seen emergencies of a confidential character. 

13 (4) GENERAL LEGAL ACTIVITIES.—For General 

14 Legal Activities: $706,847,000, which shall in15 clude—

16 (A) not less than $4,000,000 for the inves17 tigation and prosecution of denaturalization and 

18 deportation cases involving alleged Nazi war 

19 criminals; 

20 (B) not less than $15,600,000 for the in21 vestigation and prosecution of violations of title 

22 17 of the United States Code; 

23 (C) not to exceed $20,000 to meet unfore24 seen emergencies of a confidential character; 

25 and 
12

•HR 3402 EH 

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

2 prosecution of violations of chapter 77 of title 

3 18 of the United States Code. 

4 (5) ANTITRUST DIVISION.—For the Antitrust 

5 Division: $150,229,000. 

6 (6) UNITED STATES ATTORNEYS.—For United 

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

8 (7) FEDERAL BUREAU OF INVESTIGATION.—

9 For the Federal Bureau of Investigation: 

10 $5,991,686,000, which shall include not to exceed 

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

13 (8) UNITED STATES MARSHALS SERVICE.—For 

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

15 (9) FEDERAL PRISON SYSTEM.—For the Fed16 eral Prison System, including the National Institute 

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

18 (10) DRUG ENFORCEMENT ADMINISTRATION.—

19 For the Drug Enforcement Administration: 

20 $1,784,820,000, which shall include not to exceed 

21 $70,000 to meet unforeseen emergencies of a con22 fidential character. 

23 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE24 ARMS AND EXPLOSIVES.—For the Bureau of Alco-
13

•HR 3402 EH 

1 hol, Tobacco, Firearms and Explosives: 

2 $960,558,000. 

3 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

6 construction of protected witness safesites. 

7 (13) INTERAGENCY CRIME AND DRUG EN8 FORCEMENT.—For Interagency Crime and Drug 

9 Enforcement: $688,418,000, for expenses not other10 wise provided for, for the investigation and prosecu11 tion of persons involved in organized crime drug 

12 trafficking, except that any funds obligated from ap13 propriations authorized by this paragraph may be 

14 used under authorities available to the organizations 

15 reimbursed from such funds. 

16 (14) FOREIGN CLAIMS SETTLEMENT COMMIS17 SION.—For the Foreign Claims Settlement Commis18 sion: $1,321,000. 

19 (15) COMMUNITY RELATIONS SERVICE.—For 

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

21 (16) ASSETS FORFEITURE FUND.—For the As22 sets Forfeiture Fund: $22,000,000 for expenses au23 thorized by section 524 of title 28, United States 

24 Code. 
14

•HR 3402 EH 

1 (17) UNITED STATES PAROLE COMMISSION.—

2 For the United States Parole Commission: 

3 $11,752,000. 

4 (18) FEDERAL DETENTION TRUSTEE.—For the 

5 necessary expenses of the Federal Detention Trust6 ee: $1,405,300,000. 

7 (19) JUSTICE INFORMATION SHARING TECH8 NOLOGY.—For necessary expenses for information 

9 sharing technology, including planning, development, 

10 and deployment: $188,750,000. 

11 (20) NARROWBAND COMMUNICATIONS.—For 

12 the costs of conversion to narrowband communica13 tions, including the cost for operation and mainte14 nance of Land Mobile Radio legacy systems: 

15 $133,849,000. 

16 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

17 ACTIVITIES.—For the administrative expenses of the 

18 Office of Justice Programs, the Office on Violence 

19 Against Women, and the Office of Community Ori20 ented Policing Services: 

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

22 Programs. 

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

24 Against Women. 
15

•HR 3402 EH 

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

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

5 There are authorized to be appropriated for fiscal 

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

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

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

10 (1) GENERAL ADMINISTRATION.—For General 

11 Administration: $174,578,000. 

12 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

13 For Administrative Review and Appeals: 

14 $233,934,000 for administration of pardon and 

15 clemency petitions and for immigration-related ac16 tivities. 

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

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

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

21 (4) GENERAL LEGAL ACTIVITIES.—For General 

22 Legal Activities: $735,121,000, which shall in23 clude—

24 (A) not less than $4,000,000 for the inves25 tigation and prosecution of denaturalization and 
16

•HR 3402 EH 

1 deportation cases involving alleged Nazi war 

2 criminals; 

3 (B) not less than $16,224,000 for the in4 vestigation and prosecution of violations of title 

5 17 of the United States Code; 

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

8 and 

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

10 prosecution of violations of chapter 77 of title 

11 18 of the United States Code. 

12 (5) ANTITRUST DIVISION.—For the Antitrust 

13 Division: $156,238,000. 

14 (6) UNITED STATES ATTORNEYS.—For United 

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

16 (7) FEDERAL BUREAU OF INVESTIGATION.—

17 For the Federal Bureau of Investigation: 

18 $6,231,354,000, which shall include not to exceed 

19 $70,000 to meet unforeseen emergencies of a con20 fidential character. 

21 (8) UNITED STATES MARSHALS SERVICE.—For 

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

23 (9) FEDERAL PRISON SYSTEM.—For the Fed24 eral Prison System, including the National Institute 

25 of Corrections: $5,479,127,000. 
17

•HR 3402 EH 

1 (10) DRUG ENFORCEMENT ADMINISTRATION.—

2 For the Drug Enforcement Administration: 

3 $1,856,213,000, which shall include not to exceed 

4 $70,000 to meet unforeseen emergencies of a con5 fidential character. 

6 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE7 ARMS AND EXPLOSIVES.—For the Bureau of Alco8 hol, Tobacco, Firearms and Explosives: 

9 $998,980,000. 

10 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

13 construction of protected witness safesites. 

14 (13) INTERAGENCY CRIME AND DRUG EN15 FORCEMENT.—For Interagency Crime and Drug 

16 Enforcement: $715,955,000, for expenses not other17 wise provided for, for the investigation and prosecu18 tion of persons involved in organized crime drug 

19 trafficking, except that any funds obligated from ap20 propriations authorized by this paragraph may be 

21 used under authorities available to the organizations 

22 reimbursed from such funds. 

23 (14) FOREIGN CLAIMS SETTLEMENT COMMIS24 SION.—For the Foreign Claims Settlement Commis25 sion: $1,374,000. 
18

•HR 3402 EH 

1 (15) COMMUNITY RELATIONS SERVICE.—For 

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

3 (16) ASSETS FORFEITURE FUND.—For the As4 sets Forfeiture Fund: $22,000,000 for expenses au5 thorized by section 524 of title 28, United States 

6 Code. 

7 (17) UNITED STATES PAROLE COMMISSION.—

8 For the United States Parole Commission: 

9 $12,222,000. 

10 (18) FEDERAL DETENTION TRUSTEE.—For the 

11 necessary expenses of the Federal Detention Trust12 ee: $1,616,095,000. 

13 (19) JUSTICE INFORMATION SHARING TECH14 NOLOGY.—For necessary expenses for information 

15 sharing technology, including planning, development, 

16 and deployment: $196,300,000. 

17 (20) NARROWBAND COMMUNICATIONS.—For 

18 the costs of conversion to narrowband communica19 tions, including the cost for operation and mainte20 nance of Land Mobile Radio legacy systems: 

21 $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 
19

•HR 3402 EH 

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. 104. AUTHORIZATION OF APPROPRIATIONS FOR FIS10 CAL YEAR 2009. 

11 There are authorized to be appropriated for fiscal 

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

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

14 commission, subdivision, unit, or other component there15 of), the following sums: 

16 (1) GENERAL ADMINISTRATION.—For General 

17 Administration: $181,561,000. 

18 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

19 For Administrative Review and Appeals: 

20 $243,291,000 for administration of pardon and 

21 clemency petitions and for immigration-related ac22 tivities. 

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

24 Office of Inspector General: $81,922,000, which 
20

•HR 3402 EH 

1 shall include not to exceed $10,000 to meet unfore2 seen emergencies of a confidential character. 

3 (4) GENERAL LEGAL ACTIVITIES.—For General 

4 Legal Activities: $764,526,000, which shall in5 clude—

6 (A) not less than $4,000,000 for the inves7 tigation and prosecution of denaturalization and 

8 deportation cases involving alleged Nazi war 

9 criminals; 

10 (B) not less than $16,872,000 for the in11 vestigation and prosecution of violations of title 

12 17 of the United States Code; 

13 (C) not to exceed $20,000 to meet unfore14 seen emergencies of a confidential character; 

15 and 

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

17 prosecution of violations of chapter 77 of title 

18 18 of the United States Code. 

19 (5) ANTITRUST DIVISION.—For the Antitrust 

20 Division: $162,488,000. 

21 (6) UNITED STATES ATTORNEYS.—For United 

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

23 (7) FEDERAL BUREAU OF INVESTIGATION.—

24 For the Federal Bureau of Investigation: 

25 $6,480,608,000, which shall include not to exceed 
21

•HR 3402 EH 

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

3 (8) UNITED STATES MARSHALS SERVICE.—For 

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

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

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

8 (10) DRUG ENFORCEMENT ADMINISTRATION.—

9 For the Drug Enforcement Administration: 

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

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

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

16 $1,038,939,000. 

17 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

20 construction of protected witness safesites. 

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

23 Enforcement: $744,593,000, for expenses not other24 wise provided for, for the investigation and prosecu25 tion of persons involved in organized crime drug 
22

•HR 3402 EH 

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

3 used under authorities available to the organizations 

4 reimbursed from such funds. 

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

8 (15) COMMUNITY RELATIONS SERVICE.—For 

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

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

13 Code. 

14 (17) UNITED STATES PAROLE COMMISSION.—

15 For the United States Parole Commission: 

16 $12,711,000. 

17 (18) FEDERAL DETENTION TRUSTEE.—For the 

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

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

22 sharing technology, including planning, development, 

23 and deployment: $204,152,000. 

24 (20) NARROWBAND COMMUNICATIONS.—For 

25 the costs of conversion to narrowband communica-
23

•HR 3402 EH 

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

3 $144,771,000. 

4 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

5 ACTIVITIES.—For the administrative expenses of the 

6 Office of Justice Programs, the Office on Violence 

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

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

10 Programs. 

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

12 Against Women. 

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

15 SEC. 105. ORGANIZED RETAIL THEFT. 

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

17 the Federal Bureau of Investigation shall establish a task 

18 force to combat organized retail theft and provide exper19 tise to the retail community for the establishment of a na20 tional database or clearinghouse housed and maintained 

21 in the private sector to track and identify where organized 

22 retail theft type crimes are being committed in the United 

23 Sates. The national database shall allow Federal, State, 

24 and local law enforcement officials as well as authorized 

25 retail companies (and authorized associated retail data-
24

•HR 3402 EH 

1 bases) to transmit information into the database electroni2 cally and to review information that has been submitted 

3 electronically. 

4 (2) The Attorney General shall make available funds 

5 to provide for the ongoing administrative and techno6 logical costs to federal law enforcement agencies partici7 pating in the database project. 

8 (3) The Attorney General through the Bureau of Jus9 tice Assistance in the Office of Justice may make grants 

10 to help provide for the administrative and technological 

11 costs to State and local law enforcement agencies partici12 pating in the data base project. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated for each of fiscal years 2006 

15 through 2009, $5,000,000 for educating and training fed16 eral law enforcement regarding organized retail theft, for 

17 investigating, apprehending and prosecuting individuals 

18 engaged in organized retail theft, and for working with 

19 the private sector to establish and utilize the database de20 scribed in subsection (a). 

21 (c) DEFINITION OF ORGANIZED RETAIL THEFT.—

22 For purposes of this section, ‘‘organized retail theft’’ 

23 means—

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

25 merchandise theft or shoplifting, if the violation con-
25

•HR 3402 EH 

1 sists of the theft of quantities of items that would 

2 not normally be purchased for personal use or con3 sumption and for the purpose of reselling the items 

4 or for reentering the items into commerce; 

5 (2) the receipt, possession, concealment, bar6 tering, sale, transport, or disposal of any property 

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

8 in violation of paragraph (1); or 

9 (3) the coordination, organization, or recruit10 ment of persons to undertake the conduct described 

11 in paragraph (1) or (2). 

12 SEC. 106. UNITED STATES-MEXICO BORDER VIOLENCE 

13 TASK FORCE. 

14 (a) TASK FORCE.—(1) The Attorney General shall 

15 establish the United States-Mexico Border Violence Task 

16 Force in Laredo, Texas, to combat drug trafficking, vio17 lence, and kidnapping along the border between the 

18 United States and Mexico and to provide expertise to the 

19 law enforcement and homeland security agencies along the 

20 border between the United States and Mexico. The Task 

21 Force shall include personnel from the Bureau of Alcohol, 

22 Tobacco, Firearms, and Explosives, Immigration and Cus23 toms Enforcement, the Drug Enforcement Administra24 tion, Customs and Border Protection, other Federal agen-
26

•HR 3402 EH 

1 cies (as appropriate), the Texas Department of Public 

2 Safety, and local law enforcement agencies. 

3 (2) The Attorney General shall make available funds 

4 to provide for the ongoing administrative and techno5 logical costs to Federal, State, and local law enforcement 

6 agencies participating in the Task Force. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated $10,000,000 for each 

9 of the fiscal years 2006 through 2009, for—

10 (1) the establishment and operation of the 

11 United States-Mexico Border Violence Task Force; 

12 and 

13 (2) the investigation, apprehension, and pros14 ecution of individuals engaged in drug trafficking, 

15 violence, and kidnapping along the border between 

16 the United States and Mexico. 

17 SEC. 107. NATIONAL GANG INTELLIGENCE CENTER. 

18 (a) ESTABLISHMENT.—The Attorney General shall 

19 establish a National Gang Intelligence Center and gang 

20 information database to be housed at and administered 

21 by the Federal Bureau of Investigation to collect, analyze, 

22 and disseminate gang activity information from—

23 (1) the Federal Bureau of Investigation; 

24 (2) the Bureau of Alcohol, Tobacco, Firearms, 

25 and Explosives; 
27

•HR 3402 EH 

1 (3) the Drug Enforcement Administration; 

2 (4) the Bureau of Prisons; 

3 (5) the United States Marshals Service; 

4 (6) the Directorate of Border and Transpor5 tation Security of the Department of Homeland Se6 curity; 

7 (7) the Department of Housing and Urban De8 velopment; 

9 (8) State and local law enforcement; 

10 (9) Federal, State, and local prosecutors; 

11 (10) Federal, State, and local probation and pa12 role offices; 

13 (11) Federal, State, and local prisons and jails; 

14 and 

15 (12) any other entity as appropriate. 

16 (b) INFORMATION.—The Center established under 

17 subsection (a) shall make available the information re18 ferred to in subsection (a) to—

19 (1) Federal, State, and local law enforcement 

20 agencies; 

21 (2) Federal, State, and local corrections agen22 cies and penal institutions; 

23 (3) Federal, State, and local prosecutorial agen24 cies; and 

25 (4) any other entity as appropriate. 
28

•HR 3402 EH 

1 (c) ANNUAL REPORT.—The Center established under 

2 subsection (a) shall annually submit to Congress a report 

3 on gang activity. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this section 

6 $10,000,000 for fiscal year 2006 and for each fiscal year 

7 thereafter. 

8 TITLE II—IMPROVING THE DE9 PARTMENT OF JUSTICE’S 

10 GRANT PROGRAMS 

11 Subtitle A—Assisting Law Enforce12 ment and Criminal Justice 

13 Agencies 

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

15 LAW ENFORCEMENT BLOCK GRANT PRO16 GRAM. 

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

18 Crime Control and Safe Streets Act of 1968 is amended 

19 as follows: 

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

21 3759) is repealed. 

22 (2) Such part is further amended—

23 (A) by inserting before section 500 (42 

24 U.S.C. 3750) the following new heading: 
29

•HR 3402 EH 

1 ‘‘Subpart 1—Edward Byrne Memorial Justice 

2 Assistance Grant Program’’; 

3 (B) by amending section 500 to read as 

4 follows: 

5 ‘‘SEC. 500. NAME OF PROGRAM. 

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

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

8 Memorial Justice Assistance Grant Program’. 

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

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

11 record of the United States to the Edward Byrne Memo12 rial State and Local Law Enforcement Assistance Pro13 grams, or to the Local Government Law Enforcement 

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

15 to the grant program referred to in subsection (a). 

16 ‘‘(2) Any reference in a law, regulation, document, 

17 paper, or other record of the United States to section 506 

18 of this Act as such section was in effect on the date of 

19 the enactment of the Department of Justice Appropria20 tions Authorization Act, Fiscal Years 2006 through 2009, 

21 shall be deemed to be a reference to section 505(a) of this 

22 Act as amended by the Department of Justice Appropria23 tions Authorization Act, Fiscal Years 2006 through 

24 2009.’’; and 

25 (C) by inserting after section 500 the fol26 lowing new sections: 
30

•HR 3402 EH 

1 ‘‘SEC. 501. DESCRIPTION. 

2 ‘‘(a) GRANTS AUTHORIZED.—

3 ‘‘(1) IN GENERAL.—From amounts made avail4 able to carry out this subpart, the Attorney General 

5 may, in accordance with the formula established 

6 under section 505, make grants to States and units 

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

8 local government to provide additional personnel, 

9 equipment, supplies, contractual support, training, 

10 technical assistance, and information systems for 

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

12 following programs: 

13 ‘‘(A) Law enforcement programs. 

14 ‘‘(B) Prosecution and court programs. 

15 ‘‘(C) Prevention and education programs. 

16 ‘‘(D) Corrections and community correc17 tions programs. 

18 ‘‘(E) Drug treatment and enforcement pro19 grams. 

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

21 improvement programs. 

22 ‘‘(G) Crime victim and witness programs 

23 (other than compensation). 

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

25 shall be construed to ensure that a grant under that 

26 paragraph may be used for any purpose for which 
31

•HR 3402 EH 

1 a grant was authorized to be used under either or 

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

3 those programs were in effect immediately before the 

4 enactment of this paragraph. 

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

6 of local government may, in using a grant under this sub7 part for purposes authorized by subsection (a), use all or 

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

9 more subawards to one or more—

10 ‘‘(1) neighborhood or community-based organi11 zations that are private and nonprofit; 

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

13 ‘‘(3) tribal governments. 

14 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIV15 ER.—

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

17 shall contain a program assessment component, de18 veloped pursuant to guidelines established by the At19 torney General, in coordination with the National 

20 Institute of Justice. 

21 ‘‘(2) The Attorney General may waive the re22 quirement of paragraph (1) with respect to a pro23 gram if, in the opinion of the Attorney General, the 

24 program is not of sufficient size to justify a full pro25 gram assessment. 
32

•HR 3402 EH 

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

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

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

4 of the following matters: 

5 ‘‘(1) Any security enhancements or any equip6 ment to any nongovernmental entity that is not en7 gaged in criminal justice or public safety. 

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

9 extraordinary and exigent circumstances exist that 

10 make the use of such funds to provide such matters 

11 essential to the maintenance of public safety and 

12 good order—

13 ‘‘(A) vehicles (excluding police cruisers), 

14 vessels (excluding police boats), or aircraft (ex15 cluding police helicopters); 

16 ‘‘(B) luxury items; 

17 ‘‘(C) real estate; 

18 ‘‘(D) construction projects (other than 

19 penal or correctional institutions); or 

20 ‘‘(E) any similar matters. 

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

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

23 for costs incurred to administer such grant. 

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

25 subpart shall be four years, except that renewals and ex-
33

•HR 3402 EH 

1 tensions beyond that period may be granted at the discre2 tion of the Attorney General. 

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

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

5 or indirectly, of funds provided under this subpart to pro6 vide security at a public event, such as a political conven7 tion or major sports event, so long as such security is pro8 vided under applicable laws and procedures. 

9 ‘‘SEC. 502. APPLICATIONS. 

10 ‘‘To request a grant under this subpart, the chief ex11 ecutive officer of a State or unit of local government shall 

12 submit an application to the Attorney General within 90 

13 days after the date on which funds to carry out this sub14 part are appropriated for a fiscal year, in such form as 

15 the Attorney General may require. Such application shall 

16 include the following: 

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

18 available under this subpart will not be used to sup19 plant State or local funds, but will be used to in20 crease the amounts of such funds that would, in the 

21 absence of Federal funds, be made available for law 

22 enforcement activities. 

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

24 before the application (or any amendment to the ap25 plication) was submitted to the Attorney General, 
34

•HR 3402 EH 

1 the application (or amendment) was submitted for 

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

3 local government (or to an organization designated 

4 by that governing body). 

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

6 (or any amendment to the application) was sub7 mitted to the Attorney General—

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

9 made public; and 

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

11 application (or amendment) was provided to 

12 citizens and to neighborhood or community13 based organizations, to the extent applicable 

14 law or established procedure makes such an op15 portunity available. 

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

17 covered by an application, the applicant shall main18 tain and report such data, records, and information 

19 (programmatic and financial) as the Attorney Gen20 eral may reasonably require. 

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

22 to the Attorney General and executed by the chief 

23 executive officer of the applicant (or by another offi24 cer of the applicant, if qualified under regulations 

25 promulgated by the Attorney General), that—
35

•HR 3402 EH 

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

2 grant meet all the requirements of this subpart; 

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

4 application is correct; 

5 ‘‘(C) there has been appropriate coordina6 tion with affected agencies; and 

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

8 provisions of this subpart and all other applica9 ble Federal laws. 

10 ‘‘SEC. 503. REVIEW OF APPLICATIONS. 

11 ‘‘The Attorney General shall not finally disapprove 

12 any application (or any amendment to that application) 

13 submitted under this subpart without first affording the 

14 applicant reasonable notice of any deficiencies in the appli15 cation and opportunity for correction and reconsideration. 

16 ‘‘SEC. 504. RULES. 

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

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

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

20 made available to carry out this subpart. 

21 ‘‘SEC. 505. FORMULA. 

22 ‘‘(a) ALLOCATION AMONG STATES.—

23 ‘‘(1) IN GENERAL.—Of the total amount appro24 priated for this subpart, the Attorney General shall, 

25 except as provided in paragraph (2), allocate—
36

•HR 3402 EH 

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

2 to each State in amounts that bear the same 

3 ratio of—

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

5 to—

6 ‘‘(ii) the total population of the 

7 United States; and 

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

9 to each State in amounts that bear the same 

10 ratio of—

11 ‘‘(i) the average annual number of 

12 part 1 violent crimes of the Uniform Crime 

13 Reports of the Federal Bureau of Inves14 tigation reported by such State for the 

15 three most recent years reported by such 

16 State to—

17 ‘‘(ii) the average annual number of 

18 such crimes reported by all States for such 

19 years. 

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

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

22 allocation less than 0.25 percent of the total amount 

23 (in this paragraph referred to as a ‘minimum alloca24 tion State’), then paragraph (1), as so carried out, 
37

•HR 3402 EH 

1 shall not apply, and the Attorney General shall in2 stead—

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

4 amount to each State; and 

5 ‘‘(B) using the amount remaining after 

6 carrying out subparagraph (A), carry out para7 graph (1) in a manner that excludes each min8 imum allocation State, including the population 

9 of and the crimes reported by such State. 

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

11 LOCAL GOVERNMENT.—Of the amounts allocated under 

12 subsection (a)—

13 ‘‘(1) 60 percent shall be for direct grants to 

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

15 ‘‘(2) 40 percent shall be for grants to be allo16 cated under subsection (d). 

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

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

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

20 the purposes described in section 501 an amount 

21 that bears the same ratio of—

22 ‘‘(A) total expenditures on criminal justice 

23 by the State government in the most recently 

24 completed fiscal year to—
38

•HR 3402 EH 

1 ‘‘(B) the total expenditure on criminal jus2 tice by the State government and units of local 

3 government within the State in such year. 

4 ‘‘(2) REMAINING AMOUNTS.—Except as pro5 vided in subsection (e)(1), any amounts remaining 

6 after the allocation required by paragraph (1) shall 

7 be made available to units of local government by 

8 the State for the purposes described in section 501. 

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

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

11 under subsection (b)(2), grants for the purposes de12 scribed in section 501 shall be made directly to units 

13 of local government within each State in accordance 

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

15 ‘‘(2) ALLOCATION.—

16 ‘‘(A) IN GENERAL.—From the amounts re17 ferred to in paragraph (1) with respect to a 

18 State (in this subsection referred to as the 

19 ‘local amount’), the Attorney General shall allo20 cate to each unit of local government an 

21 amount which bears the same ratio to such 

22 share as the average annual number of part 1 

23 violent crimes reported by such unit to the Fed24 eral Bureau of Investigation for the 3 most re25 cent calendar years for which such data is avail-
39

•HR 3402 EH 

1 able bears to the number of part 1 violent 

2 crimes reported by all units of local government 

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

4 Federal Bureau of Investigation for such years. 

5 ‘‘(B) TRANSITIONAL RULE.—Notwith6 standing subparagraph (A), for fiscal years 

7 2006, 2007, and 2008, the Attorney General 

8 shall allocate the local amount to units of local 

9 government in the same manner that, under the 

10 Local Government Law Enforcement Block 

11 Grants program in effect immediately before 

12 the date of the enactment of this section, the 

13 reserved amount was allocated among reporting 

14 and nonreporting units of local government. 

15 ‘‘(3) ANNEXED UNITS.—If a unit of local gov16 ernment in the State has been annexed since the 

17 date of the collection of the data used by the Attor18 ney General in making allocations pursuant to this 

19 section, the Attorney General shall pay the amount 

20 that would have been allocated to such unit of local 

21 government to the unit of local government that an22 nexed it. 

23 ‘‘(4) RESOLUTION OF DISPARATE ALLOCA24 TIONS.—(A) Notwithstanding any other provision of 

25 this subpart, if—
40

•HR 3402 EH 

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

2 unit of local government bears more than 50 

3 percent of the costs of prosecution or incarcer4 ation that arise with respect to part 1 violent 

5 crimes reported by a specified geographically 

6 constituent unit of local government; and 

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

8 funds allocated under this section to—

9 ‘‘(I) any one such specified geographi10 cally constituent unit of local government 

11 exceeds 150 percent of the amount allo12 cated to the unit of local government cer13 tified pursuant to clause (i); or 

14 ‘‘(II) more than one such specified 

15 geographically constituent unit of local 

16 government exceeds 400 percent of the 

17 amount allocated to the unit of local gov18 ernment certified pursuant to clause (i), 

19 then in order to qualify for payment under this sub20 section, the unit of local government certified pursu21 ant to clause (i), together with any such specified 

22 geographically constituent units of local government 

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

24 General a joint application for the aggregate of 

25 funds allocated to such units of local government. 
41

•HR 3402 EH 

1 Such application shall specify the amount of such 

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

3 of local government and the purposes for which such 

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

5 involved may establish a joint local advisory board 

6 for the purposes of carrying out this paragraph. 

7 ‘‘(B) In this paragraph, the term ‘geographi8 cally constituent unit of local government’ means a 

9 unit of local government that has jurisdiction over 

10 areas located within the boundaries of an area over 

11 which a unit of local government certified pursuant 

12 to clause (i) has jurisdiction.

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

14 LOCAL GOVERNMENT.—

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

16 government shall receive a total allocation under this 

17 section that exceeds such unit’s total expenditures 

18 on criminal justice services for the most recently 

19 completed fiscal year for which data are available. 

20 Any amount in excess of such total expenditures 

21 shall be allocated proportionally among units of local 

22 government whose allocations under this section do 

23 not exceed their total expenditures on such services. 

24 ‘‘(2) ALLOCATIONS UNDER $10,000.—If the allo25 cation under this section to a unit of local govern-
42

•HR 3402 EH 

1 ment is less than $10,000 for any fiscal year, the di2 rect grant to the State under subsection (c) shall be 

3 increased by the amount of such allocation, to be 

4 distributed (for the purposes described in section 

5 501) among State police departments that provide 

6 criminal justice services to units of local government 

7 and units of local government whose allocation under 

8 this section is less than $10,000. 

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

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

11 government that has not reported at least three 

12 years of data on part 1 violent crimes of the Uni13 form Crime Reports to the Federal Bureau of Inves14 tigation within the immediately preceding 10 years. 

15 ‘‘(f) FUNDS NOT USED BY THE STATE.—If the At16 torney General determines, on the basis of information 

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

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

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

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

21 that a State chooses not to participate in the program es22 tablished under this subpart, then such State’s allocation 

23 (or portion thereof) shall be awarded by the Attorney Gen24 eral to units of local government, or combinations thereof, 

25 within such State, giving priority to those jurisdictions 
43

•HR 3402 EH 

1 with the highest annual number of part 1 violent crimes 

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

3 government to the Federal Bureau of Investigation for the 

4 three most recent calendar years for which such data are 

5 available. 

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

7 ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON8 WEALTH GOVERNMENT.—Notwithstanding any other 

9 provision of this subpart, the amounts allocated 

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

11 shall be for direct grants to the Commonwealth gov12 ernment of Puerto Rico. 

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

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

15 ‘‘(h) UNITS OF LOCAL GOVERNMENT IN LOU16 ISIANA.—In carrying out this section with respect to the 

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

18 means a district attorney or a parish sheriff. 

19 ‘‘SEC. 506. RESERVED FUNDS. 

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

21 subpart for a fiscal year, the Attorney General shall re22 serve not more than—

23 ‘‘(1) $20,000,000, for use by the National In24 stitute of Justice in assisting units of local govern25 ment to identify, select, develop, modernize, and pur-
44

•HR 3402 EH 

1 chase new technologies for use by law enforcement, 

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

3 of Justice Statistics to collect data necessary for car4 rying out this subpart; and 

5 ‘‘(2) $20,000,000, to be granted by the Attor6 ney General to States and units of local government 

7 to develop and implement antiterrorism training pro8 grams. 

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

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

11 local government shall establish a trust fund in which to 

12 deposit amounts received under this subpart. 

13 ‘‘(b) EXPENDITURES.—

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

15 under this subpart (including interest on such 

16 amount) shall be expended before the date on which 

17 the grant period expires. 

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

19 government that fails to expend an entire amount 

20 (including interest on such amount) as required by 

21 paragraph (1) shall repay the unexpended portion to 

22 the Attorney General not later than 3 months after 

23 the date on which the grant period expires. 

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

25 State or unit of local government fails to comply 
45

•HR 3402 EH 

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

2 shall reduce amounts to be provided to that State or 

3 unit of local government accordingly. 

4 ‘‘(c) REPAID AMOUNTS.—Amounts received as repay5 ments under this section shall be subject to section 108 

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

7 repaid. Such amounts shall be deposited in the Treasury 

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

9 carry out this subpart. Such funds are hereby made avail10 able to carry out this subpart. 

11 ‘‘SEC. 508. INCLUSION OF INDIAN TRIBES. 

12 ‘‘In this subpart, the term ‘State’ includes an Indian 

13 tribal government. 

14 ‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

18 through 2009.’’. 

19 (b) REPEALS OF CERTAIN AUTHORITIES RELATING

20 TO BYRNE GRANTS.—

21 (1) DISCRETIONARY GRANTS TO PUBLIC AND

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

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

24 Streets Act of 1968 (42 U.S.C. 3760–3762) is re25 pealed. 
46

•HR 3402 EH 

1 (2) TARGETED GRANTS TO CURB MOTOR VEHI2 CLE THEFT.—Subtitle B of title I of the Anti Car 

3 Theft Act of 1992 (42 U.S.C. 3750a–3750d) is re4 pealed. 

5 (c) CONFORMING AMENDMENTS.—

6 (1) CRIME IDENTIFICATION TECHNOLOGY

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

8 Crime Identification Technology Act of 1998 (42 

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

10 and all that follows through ‘‘the M.O.R.E. pro11 gram’’ and inserting ‘‘such as the Edward Byrne 

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

13 program’’. 

14 (2) SAFE STREETS ACT.—Title I of the Omni15 bus Crime Control and Safe Streets Act of 1968 is 

16 amended—

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

18 subsection (a)(1), by striking ‘‘pursuant to sec19 tion 511 or 515’’ and inserting ‘‘pursuant to 

20 section 515’’; 

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

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

23 ‘‘the program evaluations as required by 

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

25 ‘‘program evaluations’’; 
47

•HR 3402 EH 

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

2 ‘‘evaluations of programs funded under 

3 section 506 (formula grants) and sections 

4 511 and 515 (discretionary grants) of this 

5 part’’ and inserting ‘‘evaluations of pro6 grams funded under section 505 (formula 

7 grants) and section 515 (discretionary 

8 grants) of this part’’; and 

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

10 ‘‘programs funded under section 506 (for11 mula grants) and section 511 (discre12 tionary grants)’’ and inserting ‘‘programs 

13 funded under section 505 (formula 

14 grants)’’; 

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

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

17 preceding paragraph (1), by striking ‘‘sec18 tion 506’’ and inserting ‘‘section 505’’; and 

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

20 ‘‘an assessment of the impact of such ac21 tivities on meeting the needs identified in 

22 the State strategy submitted under section 

23 503’’ and inserting ‘‘an assessment of the 

24 impact of such activities on meeting the 

25 purposes of subpart 1’’; 
48

•HR 3402 EH 

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

2 in the matter following paragraph (5)—

3 (i) by striking ‘‘the purposes of sec4 tion 501 of this title’’ and inserting ‘‘the 

5 purposes of such subpart 1’’; and 

6 (ii) by striking ‘‘the application sub7 mitted pursuant to section 503 of this 

8 title.’’ and inserting ‘‘the application sub9 mitted pursuant to section 502 of this 

10 title. Such report shall include details iden11 tifying each applicant that used any funds 

12 to purchase any cruiser, boat, or helicopter 

13 and, with respect to such applicant, speci14 fying both the amount of funds used by 

15 such applicant for each purchase of any 

16 cruiser, boat, or helicopter and a justifica17 tion of each such purchase (and the Bu18 reau of Justice Assistance shall submit to 

19 the Committee of the Judiciary of the 

20 House of Representatives and the Com21 mittee of the Judiciary of the Senate, 

22 promptly after preparation of such report 

23 a written copy of the portion of such re24 port containing the information required 

25 by this sentence).’’; 
49

•HR 3402 EH 

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

2 striking ‘‘the State office described in section 

3 507 or 1408’’ and inserting ‘‘the State office 

4 responsible for the trust fund required by sec5 tion 507, or the State office described in section 

6 1408,’’; 

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

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

9 of section 506(a)’’ and inserting ‘‘for the pur10 poses of section 505(a)’’; 

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

12 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’’ 

20 and 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 

25 required by section 507’’; 
50

•HR 3402 EH 

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 

4 section 503(a)(1)’’; and 

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

6 in subsection (e), by striking ‘‘The Office des7 ignated under section 507’’ and inserting ‘‘The 

8 office responsible for the trust fund required by 

9 section 507’’. 

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

11 section shall apply with respect to the first fiscal year be12 ginning after the date of the enactment of this Act and 

13 each fiscal year thereafter. 

14 SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS 

15 WHO MAY BE SELECTED IN A GIVEN YEAR TO 

16 RECEIVE PUBLIC SAFETY OFFICER MEDAL 

17 OF VALOR. 

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

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

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

21 than 5 individuals, or groups of individuals, as recipients’’. 
51

•HR 3402 EH 

1 SEC. 203. CLARIFICATION OF OFFICIAL TO BE CONSULTED 

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

4 ENFORCEMENT ASSISTANCE. 

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

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

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

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

9 Programs’’. 

10 SEC. 204. CLARIFICATION OF USES FOR REGIONAL INFOR11 MATION SHARING SYSTEM GRANTS. 

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

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

14 recently amended by section 701 of the USA PATRIOT 

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

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

17 before ‘‘information sharing systems’’; 

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

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

22 sharing between Federal, State, tribal, and local law 

23 enforcement agencies;’’; and 

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

25 (4). 
52

•HR 3402 EH 

1 SEC. 205. INTEGRITY AND ENHANCEMENT OF NATIONAL 

2 CRIMINAL RECORD DATABASES. 

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

5 U.S.C. 3732) is amended—

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

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

9 and statistics and shall protect against improper or 

10 illegal use or disclosure.’’; 

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

12 (c) to read as follows: 

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

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

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

18 records including the National Instant Criminal 

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

22 participation in national records and information 

23 systems, and support statistical research for critical 

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

26 (3) in subsection (d)—
53

•HR 3402 EH 

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

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

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

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

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

8 this part, including by entering into cooperative data 

9 sharing agreements in conformity with all laws and 

10 regulations applicable to the disclosure and use of 

11 data.’’. 

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

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

15 (c) CONFIDENTIALITY OF INFORMATION.—Section 

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

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

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

19 SEC. 206. 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’’. 
54

•HR 3402 EH 

1 Subtitle B—Building Community 

2 Capacity to Prevent, Reduce, 

3 and Control Crime 

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

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

6 Crime Control and Safe Streets Act of 1968 is amended 

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

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

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

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

12 by a Director appointed by the Attorney General. 

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

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

16 strategies, as provided in section 104. 

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

18 is authorized to be appropriated to carry out this section 

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

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

21 2009, to remain available until expended. 

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

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

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

25 and Seed Strategies may implement strategies, to be 
55

•HR 3402 EH 

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

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

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

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

7 Weeding activities, which shall include promoting 

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

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

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

14 in that community. 

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

16 Seeding activities, which shall include promoting and 

17 coordinating a broad spectrum of community efforts 

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

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

23 ‘‘(B) community revitalization efforts, in24 cluding enforcement of building codes and de25 velopment of the economy. 
56

•HR 3402 EH 

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

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

5 referred to in subsection (a) shall—

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

7 under the auspices of a steering committee, properly 

8 established in the community, comprised of—

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

10 of—

11 ‘‘(i) appropriate law enforcement 

12 agencies; and 

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

14 and neighborhood and community-based 

15 organizations, interested in criminal justice 

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

18 ‘‘(B) in a voting capacity, both—

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

22 and 

23 ‘‘(ii) the United States Attorney for 

24 the District encompassing the community; 
57

•HR 3402 EH 

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

2 other public and private agencies, neighborhood and 

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

5 and 

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

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

12 subsection (a)—

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

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

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

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

21 committee has a high probability of improving 

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

24 the Director; and 
58

•HR 3402 EH 

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

2 implementing the strategy appropriately; and 

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

4 timely and effective plan to independently sustain 

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

6 best practices of the strategy) when assistance under 

7 this section is no longer available. 

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

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

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

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

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

15 includes—

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

17 States Attorney for the District encompassing 

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

21 Federal law enforcement agencies operating in 

22 the vicinity; 

23 ‘‘(B) a significant community-oriented po24 licing component; and 
59

•HR 3402 EH 

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

3 programs and initiatives; and 

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

5 specific objective indicia of performance to be used 

6 to evaluate the effectiveness of the strategy. 

7 ‘‘(e) GRANTS.—

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

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

10 may make grants to that community. 

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

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

14 the grant amounts for Seeding activities under 

15 subsection (a)(2); and 

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

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

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

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

23 such a community)—

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

25 years; 
60

•HR 3402 EH 

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

2 except that the Assistant Attorney General 

3 may, in single increments and only upon a 

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

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

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

9 General may, upon a showing of extraordinary 

10 circumstances, authorize grants for not more 

11 than an additional $500,000. 

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

13 this subsection, the Director shall ensure that—

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

16 and includes both urban and rural areas of 

17 varying population and area; and 

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

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

21 a manner that addresses the overall needs of 

22 such communities. 

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

25 this subsection may not exceed 75 percent of the 
61

•HR 3402 EH 

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

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

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

5 and 

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

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

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

13 must provide assurances that the amounts received 

14 under the grant shall be used to supplement, not 

15 supplant, non-Federal funds that would otherwise be 

16 available for programs or services provided in the 

17 community. 

18 ‘‘SEC. 105. INCLUSION OF INDIAN TRIBES. 

19 ‘‘For purposes of sections 103 and 104, the term 

20 ‘State’ includes an Indian tribal government.’’. 

21 (b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED

22 AND SEED; TRANSFERS OF FUNCTIONS.—

23 (1) ABOLISHMENT.—The Executive Office of 

24 Weed and Seed is abolished. 
62

•HR 3402 EH 

1 (2) TRANSFER.—There are hereby transferred 

2 to the Office of Weed and Seed Strategies all func3 tions and activities performed immediately before 

4 the date of the enactment of this Act by the Execu5 tive Office of Weed and Seed Strategies. 

6 (c) EFFECTIVE DATE.—This section and the amend7 ments made by this section take effect 90 days after the 

8 date of the enactment of this Act. 

9 Subtitle C—Assisting Victims of 

10 Crime 

11 SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS 

12 TO IMPROVE OUTREACH SERVICES TO VIC13 TIMS OF CRIME. 

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

15 (42 U.S.C. 10603(c)), as most recently amended by sec16 tion 623 of the USA PATRIOT Act (Public Law 107–

17 56; 115 Stat. 372), is amended—

18 (1) in paragraph (1)—

19 (A) in the matter preceding subparagraph 

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

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

22 ‘‘and’’ at the end; 

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

24 period at the end and inserting ‘‘; and’’; and 
63

•HR 3402 EH 

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

2 subparagraph: 

3 ‘‘(C) for nonprofit neighborhood and commu4 nity-based victim service organizations and coalitions 

5 to improve outreach and services to victims of 

6 crime.’’; 

7 (2) in paragraph (2)—

8 (A) in subparagraph (A)—

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

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

11 (1)(C)’’; and 

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

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

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

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

16 subparagraph: 

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

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

19 SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN 

20 AUTHORITIES RELATING TO CRIME VICTIMS 

21 FUND. 

22 Section 1402 of the Victims of Crime Act of 1984 

23 (42 U.S.C. 10601) is amended as follows: 

24 (1) AUTHORITY TO ACCEPT GIFTS.—Subsection 

25 (b)(5) of such section is amended by striking the pe-
64

•HR 3402 EH 

1 riod at the end and inserting the following: ‘‘, which 

2 the Director is hereby authorized to accept for de3 posit into the Fund, except that the Director is not 

4 hereby authorized to accept any such gift, bequest, 

5 or donation that—

6 ‘‘(A) attaches conditions inconsistent with 

7 applicable laws or regulations; or 

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

9 the expenditure of appropriated funds that are 

10 not available to the Office for Victims of 

11 Crime.’’. 

12 (2) AUTHORITY TO REPLENISH ANTITERRORISM

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

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

15 inserting ‘‘obligated’’. 

16 (3) AUTHORITY TO MAKE GRANTS TO INDIAN

17 TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Sub18 section (g) of such section is amended—

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

20 through the Director,’’; 

21 (B) by redesignating paragraph (2) as 

22 paragraph (3); and 

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

24 following new paragraph: 
65

•HR 3402 EH 

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

2 funds available under subsection (d)(2) (prior to distribu3 tion) for grants to Indian tribes to establish child victim 

4 assistance programs, as appropriate.’’. 

5 SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM 

6 GRANTS MAY BE USED BY STATE FOR TRAIN7 ING PURPOSES. 

8 (a) CRIME VICTIM COMPENSATION.—Section 

9 1403(a)(3) of the Victims of Crime Act of 1984 (42 

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

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

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

13 of such Act (42 U.S.C. 10603(b)(3)) is amended by insert14 ing after ‘‘may be used for’’ the following: ‘‘training pur15 poses and’’.

16 SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO 

17 VIOLENCE AGAINST WOMEN FORMULA AND 

18 DISCRETIONARY GRANT PROGRAMS. 

19 (a) CLARIFICATION OF SPECIFIC PURPOSES.—Sec20 tion 2001(b) of the Omnibus Crime Control and Safe 

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

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

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

24 and strengthen victim services in cases involving violent 

25 crimes against women’’. 
66

•HR 3402 EH 

1 (b) CLARIFICATION OF STATE GRANTS.—Section 

2 2007 of the Omnibus Crime Control and Safe Streets Act 

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

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

5 and all that follows through ‘‘tribal governments’’; 

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

7 and inserting ‘‘law enforcement’’; and 

8 (3) in subsection (d)—

9 (A) in the second sentence, by inserting 

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

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

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

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

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

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

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

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

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

22 General shall submit’’. 
67

•HR 3402 EH 

1 SEC. 225. CHANGE OF CERTAIN REPORTS FROM ANNUAL 

2 TO BIENNIAL. 

3 (a) STALKING AND DOMESTIC VIOLENCE.—Section 

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

5 IV of the Violent Crime Control and Law Enforcement 

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

7 ‘‘The Attorney General shall submit to the Congress an 

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

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

10 even-numbered fiscal year, the Attorney General shall sub11 mit to the Congress a biennial report that provides’’. 

12 (b) SAFE HAVENS FOR CHILDREN.—Section 

13 1301(d)(1) of the Victims of Trafficking and Violence 

14 Protection Act of 2000 (42 U.S.C. 10420(d)(1)) is amend15 ed in the matter preceding subparagraph (A) by striking 

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

17 year commencing on or after the date of the enactment 

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

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

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

21 fiscal year,’’. 

22 SEC. 226. GRANTS FOR YOUNG WITNESS ASSISTANCE. 

23 (a) IN GENERAL.—The Attorney General, acting 

24 through the Bureau of Justice Assistance, may make 

25 grants to State and local prosecutors and law enforcement 
68

•HR 3402 EH 

1 agencies in support of juvenile and young adult witness 

2 assistance programs. 

3 (b) USE OF FUNDS.—Grants made available under 

4 this section may be used—

5 (1) to assess the needs of juvenile and young 

6 adult witnesses; 

7 (2) to develop appropriate program goals and 

8 objectives; and 

9 (3) to develop and administer a variety of wit10 ness assistance services, which includes—

11 (A) counseling services to young witnesses 

12 dealing with trauma associated in witnessing a 

13 violent crime; 

14 (B) pre- and post-trial assistance for the 

15 youth and their family; 

16 (C) providing education services if the 

17 child is removed from or changes their school 

18 for safety concerns; 

19 (D) protective services for young witnesses 

20 and their families when a serious threat of 

21 harm from the perpetrators or their associates 

22 is made; and 

23 (E) community outreach and school-based 

24 initiatives that stimulate and maintain public 

25 awareness and support. 
69

•HR 3402 EH 

1 (c) DEFINITIONS.—In this section: 

2 (1) The term ‘‘juvenile’’ means an individual 

3 who is age 17 or younger. 

4 (2) The term ‘‘young adult’’ means an indi5 vidual who is age 21 or younger but not a juvenile. 

6 (3) The term ‘‘State’’ includes the District of 

7 Columbia, the Commonwealth of Puerto Rico, the 

8 Virgin Islands, American Samoa, Guam, and the 

9 Northern Mariana Islands. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 $3,000,000 for each of fiscal years 2006 through 2009. 

13 Subtitle D—Preventing Crime 

14 SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OF15 FENDER FOR PURPOSES OF JUVENILE DRUG 

16 COURTS. 

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

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

19 amended in the matter preceding paragraph (1) by strik20 ing ‘‘an offense that’’ and inserting ‘‘a felony-level offense 

21 that’’. 
70

•HR 3402 EH 

1 SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF 

2 GRANTS FOR DRUG COURTS. 

3 (a) MINIMUM ALLOCATION REPEALED.—Section 

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

5 striking subsection (b). 

6 (b) TECHNICAL ASSISTANCE AND TRAINING.—Such 

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

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

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

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

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

16 Development Office to assist such State and such eligible 

17 applicants to successfully compete for future funding 

18 under this part.’’. 

19 SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT 

20 GRANTS PROGRAM EXTENDED TO COURTS 

21 THAT SUPERVISE NON-OFFENDERS WITH 

22 SUBSTANCE ABUSE PROBLEMS. 

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

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

•HR 3402 EH 

1 other individuals under the jurisdiction of the court, with 

2 substance abuse problems’’. 

3 SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE 

4 TREATMENT PROGRAM FOR LOCAL FACILI5 TIES. 

6 Section 1904 of the Omnibus Crime Control and Safe 

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

8 adding at the end the following new subsection: 

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

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

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

13 set apart from the general population of the correctional 

14 facility, if those activities are—

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

16 of the prisoners; and 

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

20 prisoners.’’. 

21 SEC. 235. ENHANCED RESIDENTIAL SUBSTANCE ABUSE 

22 TREATMENT PROGRAM FOR STATE PRIS23 ONERS. 

24 (a) ENHANCED DRUG SCREENINGS REQUIRE25 MENT.—Subsection (b) of section 1902 of the Omnibus 
72

•HR 3402 EH 

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

2 3796ff—1(b)) is amended to read as follows: 

3 ‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—

4 To be eligible to receive funds under this part, a State 

5 must agree—

6 ‘‘(1) to implement or continue to require urinal7 ysis or other proven reliable forms of testing, includ8 ing both periodic and random testing—

9 ‘‘(A) of an individual before the individual 

10 enters a residential substance abuse treatment 

11 program and during the period in which the in12 dividual participates in the treatment program; 

13 and 

14 ‘‘(B) of an individual released from a resi15 dential substance abuse treatment program if 

16 the individual remains in the custody of the 

17 State; and 

18 ‘‘(2) to require, as a condition of participation 

19 in the treatment program, that such testing indicate 

20 that the individual has not used a controlled sub21 stance for at least the three-month period prior to 

22 the date the individual receives such testing to enter 

23 the treatment program.’’. 

24 (b) AFTERCARE SERVICES REQUIREMENT.—Sub25 section (c) of such section is amended—
73

•HR 3402 EH 

1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘ELIGIBILITY FOR PREFERENCE WITH

3 AFTER CARE COMPONENT’’ and inserting 

4 ‘‘AFTERCARE SERVICES REQUIREMENT’’; and 

5 (2) in paragraph (1), by striking ‘‘To be eligible 

6 for a preference under this part’’ and inserting ‘‘To 

7 be eligible to receive funds under this part’’. 

8 (c) PRIORITY FOR PARTNERSHIPS WITH COMMU9 NITY-BASED DRUG TREATMENT PROGRAMS.—Section 

10 1903 of such Act (42 U.S.C. 3796ff—2) is amended by 

11 adding at the end the following new subsection: 

12 ‘‘(e) PRIORITY FOR PARTNERSHIPS WITH COMMU13 NITY-BASED DRUG TREATMENT PROGRAMS.—In consid14 ering an application submitted by a State under section 

15 1902, the Attorney General shall give priority to an appli16 cation that involves a partnership between the State and 

17 a community-based drug treatment program within the 

18 State.’’. 

19 Subtitle E—Other Matters 

20 SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES. 

21 (a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM

22 PAYING STATES INTEREST ON LATE DISBURSEMENTS

23 ALSO EXEMPTED FROM PAYING CHARGE TO TREASURY

24 FOR UNTIMELY DISBURSEMENTS.—Section 204(f) of 
74

•HR 3402 EH 

1 Public Law 107–273 (116 Stat. 1776; 31 U.S.C. 6503 

2 note) is amended—

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

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

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

6 ‘‘sections 3335(b) or 6503’’. 

7 (b) SOUTHWEST BORDER PROSECUTOR INITIATIVE

8 INCLUDED AMONG SUCH EXEMPTED PROGRAMS.—Sec9 tion 204(f) of such Act is further amended by striking 

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

11 the Southwest Border Prosecutor Initiative (as carried out 

12 pursuant to paragraph (3) (117 Stat. 64) under the head13 ing relating to Community Oriented Policing Services of 

14 the Department of Justice Appropriations Act, 2003 (title 

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

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

17 (c) AUDITS AND REPORTS ON ATFE UNDERCOVER

18 INVESTIGATIVE OPERATIONS.—Section 102(b) of the De19 partment of Justice and Related Agencies Appropriations 

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

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

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

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

24 Explosives and the undercover investigative operations of 

25 the Bureau on the same basis as such section applies with 
75

•HR 3402 EH 

1 respect to any other agency and the undercover investiga2 tive operations of such agency. 

3 SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTOR4 NEY GENERAL. 

5 (a) COORDINATE AND SUPPORT OFFICE FOR VIC6 TIMS OF CRIME.—Section 102 of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3712) is 

8 amended in subsection (a)(5) by inserting after ‘‘the Bu9 reau of Justice Statistics,’’ the following: ‘‘the Office for 

10 Victims of Crime,’’. 

11 (b) SETTING GRANT CONDITIONS AND PRIOR12 ITIES.—Such section is further amended in subsection 

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

14 on all grants, and determining priority purposes for for15 mula grants’’ before the period at the end. 

16 SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES 

17 UNDER SEX-OFFENDER REGISTRATION LAWS. 

18 (a) COMPLIANCE PERIOD.—A State shall not be 

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

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

21 or 170102 (42 U.S.C. 14072) of the Violent Crime Con22 trol and Law Enforcement Act of 1994 until 36 months 

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

24 the Attorney General may grant an additional 24 months 
76

•HR 3402 EH 

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

2 such sections. 

3 (b) TIME FOR REGISTRATION OF CURRENT AD4 DRESS.—Subsection (a)(1)(B) of such section 170101 is 

5 amended by striking ‘‘unless such requirement is termi6 nated under’’ and inserting ‘‘for the time period specified 

7 in’’. 

8 SEC. 244. REPEAL OF CERTAIN PROGRAMS. 

9 (a) SAFE STREETS ACT PROGRAM.—The Criminal 

10 Justice Facility Construction Pilot program (part F; 42 

11 U.S.C. 3769–3769d) of title I of the Omnibus Crime Con12 trol and Safe Streets Act of 1968 is repealed. 

13 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE14 MENT ACT PROGRAMS.—The following provisions of the 

15 Violent Crime Control and Law Enforcement Act of 1994 

16 are repealed: 

17 (1) LOCAL CRIME PREVENTION BLOCK GRANT

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

19 13751–13758). 

20 (2) ASSISTANCE FOR DELINQUENT AND AT21 RISK YOUTH.—Subtitle G of title III (42 U.S.C. 

22 13801–13802). 

23 (3) IMPROVED TRAINING AND TECHNICAL AU24 TOMATION.—Subtitle E of title XXI (42 U.S.C. 

25 14151). 
77

•HR 3402 EH 

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

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

3 SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING 

4 REQUIREMENTS. 

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

6 Safe Streets Act of 1968 is amended as follows: 

7 (1) NOTICE AND HEARING ON DENIAL OR TER8 MINATION OF GRANT.—Section 802 (42 U.S.C. 

9 3783) of such part is amended—

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

11 and 

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

13 (2) FINALITY OF DETERMINATIONS.—Section 

14 803 (42 U.S.C. 3784) of such part is amended—

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

16 and opportunity for a hearing,’’; and 

17 (B) by striking ‘‘, except as otherwise pro18 vided herein’’. 

19 (3) REPEAL OF APPELLATE COURT REVIEW.—

20 Section 804 (42 U.S.C. 3785) of such part is re21 pealed. 
78

•HR 3402 EH 

1 SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNI2 BUS CRIME CONTROL AND SAFE STREETS 

3 ACT OF 1968. 

4 Section 901 of title I of the Omnibus Crime Control 

5 and Safe Streets Act of 1968 (42 U.S.C. 3791) is amend6 ed as follows: 

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

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

9 is defined in section 103 of the Juvenile Justice and 

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

11 5603))’’. 

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

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

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

15 (3) NEIGHBORHOOD OR COMMUNITY-BASED OR16 GANIZATIONS.—Subsection (a)(11) of such section is 

17 amended by striking ‘‘which’’ and inserting ‘‘, in18 cluding faith-based, that’’. 

19 (4) INDIAN TRIBE; PRIVATE PERSON.—Sub20 section (a) of such section is further amended—

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

22 the end; 

23 (B) in paragraph (25) by striking the pe24 riod at the end and inserting a semicolon; and 

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

26 paragraphs: 
79

•HR 3402 EH 

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

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

3 Indian Self-Determination and Education Assistance 

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

5 ‘‘(27) the term ‘private person’ means any indi6 vidual (including an individual acting in his official 

7 capacity) and any private partnership, corporation, 

8 association, organization, or entity (or any combina9 tion thereof).’’. 

10 SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSIST11 ENCE PAYMENTS TO PRISONERS FOR 

12 HEALTH CARE ITEMS AND SERVICES. 

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

14 amended—

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

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

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

18 (2) in subsection (b)(1)—

19 (A) by striking ‘‘the Immigration and Nat20 uralization Service’’ and inserting ‘‘the Depart21 ment of Homeland Security’’; 

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

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

24 amount billed, not to exceed the amount’’; 
80

•HR 3402 EH 

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

2 all that follows through ‘‘the Medicare pro3 gram’’ and inserting ‘‘items and services under 

4 the Medicare program’’; and 

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

6 through the period at the end and inserting a 

7 period. 

8 SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE9 MENT. 

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

11 Crime Control and Safe Streets Act of 1968 is amended 

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

13 this Act, the following new section: 

14 ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE15 MENT. 

16 ‘‘(a) ESTABLISHMENT.—

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

18 the Office an Office of Audit, Assessment, and Man19 agement, headed by a Director appointed by the At20 torney General. In carrying out the functions of the 

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

22 direction, and control of the Attorney General. Such 

23 authority, direction, and control may be delegated 

24 only to the Assistant Attorney General, without re25 delegation. 
81

•HR 3402 EH 

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

2 shall be to carry out and coordinate performance au3 dits of, take actions to ensure compliance with the 

4 terms of, and manage information with respect to, 

5 grants under programs covered by subsection (b). 

6 The Director shall take special conditions of the 

7 grant into account and consult with the office that 

8 issued those conditions to ensure appropriate compli9 ance. 

10 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex11 clusive element of the Department of Justice, other 

12 than the Inspector General, performing functions 

13 and activities for the purpose specified in paragraph 

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

15 functions and activities, other than functions and ac16 tivities of the Inspector General, for such purpose 

17 performed immediately before the date of the enact18 ment of this Act by any other element of the De19 partment. 

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

21 to in subsection (a) are the following: 

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

23 ‘‘(2) Any grant program carried out by the Of24 fice of Justice Programs. 
82

•HR 3402 EH 

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

2 the Department of Justice that the Attorney General 

3 considers appropriate. 

4 ‘‘(c) PERFORMANCE AUDITS REQUIRED.—

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

6 grants awarded under the programs covered by sub7 section (b) and carry out performance audits on 

8 such grants. In selecting such grants, the Director 

9 shall ensure that the aggregate amount awarded 

10 under the grants so selected represent not less than 

11 10 percent of the aggregate amount of money 

12 awarded under all such grant programs. 

13 ‘‘(2) RELATIONSHIP TO NIJ EVALUATIONS.—

14 This subsection does not affect the authority or duty 

15 of the Director of the National Institute of Justice 

16 to carry out overall evaluations of programs covered 

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

18 consult with the Director of the Office in carrying 

19 out such evaluations. 

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

21 performance audit required by paragraph (1) of a 

22 grant selected under paragraph (1) shall be carried 

23 out—
83

•HR 3402 EH 

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

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

3 year; and 

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

5 period, if the grant period is more than 1 year. 

6 ‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The Direc7 tor shall take such actions to ensure compliance with the 

8 terms of a grant as the Director considers appropriate 

9 with respect to each grant that the Director determines 

10 (in consultation with the head of the element of the De11 partment of Justice concerned), through a performance 

12 audit under subsection (a) or other means, is not in com13 pliance with such terms. In the case of a misuse of more 

14 than 1 percent of the grant amount concerned, the Direc15 tor shall, in addition to any other action to ensure compli16 ance that the Director considers appropriate, ensure that 

17 the entity responsible for such misuse ceases to receive any 

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

19 such entity repays to the Attorney General an amount 

20 equal to the amounts misused. The Director may, in un21 usual circumstances, grant relief from this requirement to 

22 ensure that an innocent party is not punished. 

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

24 shall establish and maintain, in consultation with the chief 

25 information officer of the Office, a modern, automated 
84

•HR 3402 EH 

1 system for managing all information relating to the grants 

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

3 ‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 3 per4 cent of all funding made available for a fiscal year for the 

5 programs covered by subsection (b) shall be reserved for 

6 the activities of the Office of Audit, Assessment, and Man7 agement as authorized by this section.’’. 

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

10 date of the enactment of this Act. 

11 SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE. 

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

13 Crime Control and Safe Streets Act of 1968 is amended 

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

15 this Act, the following new section: 

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

17 ‘‘(a) ESTABLISHMENT.—

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

19 the Office a Community Capacity Development Of20 fice, headed by a Director appointed by the Attorney 

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

22 the Director shall be subject to the authority, direc23 tion, and control of the Attorney General. Such au24 thority, direction, and control may be delegated only 
85

•HR 3402 EH 

1 to the Assistant Attorney General, without redelega2 tion. 

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

4 shall be to provide training to actual and prospective 

5 participants under programs covered by section 

6 105(b) to assist such participants in understanding 

7 the substantive and procedural requirements for par8 ticipating in such programs. 

9 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex10 clusive element of the Department of Justice per11 forming functions and activities for the purpose 

12 specified in paragraph (2). There are hereby trans13 ferred to the Office all functions and activities for 

14 such purpose performed immediately before the date 

15 of the enactment of this Act by any other element 

16 of the Department. This does not preclude a grant17 making office from providing specialized training 

18 and technical assistance in its area of expertise. 

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

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

21 carry out the purpose of the Office through the following 

22 means: 

23 ‘‘(1) Promoting coordination of public and pri24 vate efforts and resources within or available to 
86

•HR 3402 EH 

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, 

8 approaches, or practices. 

9 ‘‘(4) Providing in the assessment of the effec10 tiveness of neighborhood and community-based law 

11 enforcement and crime prevention strategies and 

12 techniques, in coordination with the National Insti13 tute of 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 appro18 priate, 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 characteris24 tics of those grants that were responsible for obtain25 ing those outcomes; and 
87

•HR 3402 EH 

1 ‘‘(2) incorporate those characteristics into the 

2 training provided under this section. 

3 ‘‘(e) AVAILABILITY OF FUNDS.—Not to exceed 5 per4 cent of all funding made available for a fiscal year for the 

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

6 the activities of the Community Capacity Development Of7 fice as authorized by this section.’’. 

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

10 date of the enactment of this Act. 

11 SEC. 250. 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 

16 this Act, the following new section: 

17 ‘‘SEC. 107. DIVISION OF APPLIED LAW ENFORCEMENT 

18 TECHNOLOGY. 

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 

24 those grants of the Department of Justice that are made 
88

•HR 3402 EH 

1 for the purpose of using or improving law enforcement 

2 computer 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 

6 computer systems that can be purchased using 

7 amounts 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.’’. 

11 (b) EFFECTIVE DATE.—This section and the amend12 ment made by this section take effect 90 days after the 

13 date of the enactment of this Act. 

14 SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS. 

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 107, as added by section 250 of 

18 this Act, the following new section: 

19 ‘‘SEC. 108. AVAILABILITY OF FUNDS. 

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

21 ‘‘(1) IN GENERAL.—Unless otherwise specifi22 cally provided in an authorization, DOJ grant funds 

23 for a fiscal year shall remain available to be awarded 

24 and distributed to a grantee only in that fiscal year 

25 and the three succeeding fiscal years, subject to 
89

•HR 3402 EH 

1 paragraphs (2) and (3). DOJ grant funds not so 

2 awarded and distributed shall revert to the Treas3 ury. 

4 ‘‘(2) TREATMENT OF REPROGRAMMED

5 FUNDS.—DOJ grant funds for a fiscal year that are 

6 reprogrammed in a later fiscal year shall be treated 

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

8 for such later fiscal year. 

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

10 DOJ grant funds were obligated and then 

11 deobligated, the period of availability that applies to 

12 those grant funds under paragraph (1) shall be ex13 tended by a number of days equal to the number of 

14 days from the date on which those grant funds were 

15 obligated to the date on which those grant funds 

16 were deobligated. 

17 ‘‘(b) PERIOD FOR EXPENDING GRANT FUNDS.—

18 DOJ grant funds for a fiscal year that have been awarded 

19 and distributed to a grantee may be expended by that 

20 grantee only in the period permitted under the terms of 

21 the grant. DOJ grant funds not so expended shall revert 

22 to the Treasury. 

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

24 grant funds’ means, for a fiscal year, amounts appro-
90

•HR 3402 EH 

1 priated for activities of the Department of Justice in car2 rying out 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 

8 date of the enactment of this Act. 

9 SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT 

10 SYSTEMS OF OFFICE OF JUSTICE PROGRAMS. 

11 (a) CONSOLIDATION OF ACCOUNTING ACTIVITIES

12 AND PROCUREMENT ACTIVITIES.—The Assistant Attor13 ney General of the Office of Justice Programs, in coordi14 nation with the Chief Information Officer and Chief Fi15 nancial Officer of the Department of Justice, shall ensure 

16 that—

17 (1) all accounting activities for all elements of 

18 the Office of Justice Programs are carried out under 

19 the direct management of the Office of the Comp20 troller; and 

21 (2) all procurement activities for all elements of 

22 the Office are carried out under the direct manage23 ment of the Office of Administration. 

24 (b) FURTHER CONSOLIDATION OF PROCUREMENT

25 ACTIVITIES.—The Assistant Attorney General, in coordi-
91

•HR 3402 EH 

1 nation with the Chief Information Officer and Chief Fi2 nancial Officer of the Department of Justice, shall ensure 

3 that, on and after September 30, 2008—

4 (1) all procurement activities for all elements of 

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

7 (2) all contracts and purchase orders used in 

8 carrying out those activities are processed through a 

9 single procurement system. 

10 (c) CONSOLIDATION OF FINANCIAL MANAGEMENT

11 SYSTEMS.—The Assistant Attorney General, in coordina12 tion with the Chief Information Officer and Chief Finan13 cial Officer of the Department of Justice, shall ensure 

14 that, on and after September 30, 2010, all financial man15 agement activities (including human resources, payroll, 

16 and accounting activities, as well as procurement activi17 ties) of all elements of the Office are carried out through 

18 a single financial management system. 

19 (d) ACHIEVING COMPLIANCE.—

20 (1) SCHEDULE.—The Assistant Attorney Gen21 eral shall undertake a scheduled consolidation of op22 erations to achieve compliance with the requirements 

23 of this section. 

24 (2) SPECIFIC REQUIREMENTS.—With respect to 

25 achieving compliance with the requirements of—
92

•HR 3402 EH 

1 (A) subsection (a), the consolidation of op2 erations shall be initiated not later than 90 

3 days after the date of the enactment of this 

4 Act; and 

5 (B) subsections (b) and (c), the consolida6 tion of operations shall be initiated not later 

7 than September 30, 2005, and shall be carried 

8 out by the Office of Administration, in con9 sultation with the Chief Information Officer 

10 and the Office of Audit, Assessment, and Man11 agement.

12 SEC. 253. AUTHORIZATION AND CHANGE OF COPS PRO13 GRAM TO SINGLE GRANT PROGRAM. 

14 (a) IN GENERAL.—Section 1701 of title I of the Om15 nibus Crime Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3796dd) is amended—

17 (1) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen20 eral shall carry out a single grant program under which 

21 the Attorney General makes grants to States, units of 

22 local government, Indian tribal governments, other public 

23 and private entities, and multi-jurisdictional or regional 

24 consortia for the purposes described in subsection (b).’’; 

25 (2) by striking subsections (b) and (c); 
93

•HR 3402 EH 

1 (3) by redesignating subsection (d) as sub2 section (b), and in that subsection—

3 (A) by striking ‘‘ADDITIONAL GRANT

4 PROJECTS.—Grants made under subsection (a) 

5 may include programs, projects, and other ac6 tivities to—’’ and inserting ‘‘USES OF GRANT

7 AMOUNTS.—The purposes for which grants 

8 made under subsection (a) may be made

9 are—’’; 

10 (B) by redesignating paragraphs (1) 

11 through (12) as paragraphs (6) through (17), 

12 respectively; 

13 (C) by inserting before paragraph (6) (as 

14 so redesignated) the following new paragraphs: 

15 ‘‘(1) rehire law enforcement officers who have 

16 been laid off as a result of State and local budget 

17 reductions for deployment in community-oriented po18 licing; 

19 ‘‘(2) hire and train new, additional career law 

20 enforcement officers for deployment in community21 oriented policing across the Nation; 

22 ‘‘(3) procure equipment, technology, or support 

23 systems, or pay overtime, to increase the number of 

24 officers deployed in community-oriented policing; 
94

•HR 3402 EH 

1 ‘‘(4) award grants to pay for offices hired to 

2 perform intelligence, anti-terror, or homeland secu3 rity duties;’’; and 

4 (D) by amending paragraph (9) (as so re5 designated) to read as follows: 

6 ‘‘(9) develop new technologies, including inter7 operable communications technologies, modernized 

8 criminal record technology, and forensic technology, 

9 to assist State and local law enforcement agencies in 

10 reorienting the emphasis of their activities from re11 acting to crime to preventing crime and to train law 

12 enforcement officers to use such technologies;’’; 

13 (4) by redesignating subsections (e) through (k) 

14 as subsections (c) through (i), respectively; and 

15 (5) in subsection (c) (as so redesignated) by 

16 striking ‘‘subsection (i)’’ and inserting ‘‘subsection 

17 (g)’’. 

18 (b) CONFORMING AMENDMENT.—Section 1702 of 

19 title I of such Act (42 U.S.C. 3796dd–1) is amended in 

20 subsection (d)(2) by striking ‘‘section 1701(d)’’ and in21 serting ‘‘section 1701(b)’’. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11)) 

24 is amended—
95

•HR 3402 EH 

1 (1) in subparagraph (A) by striking ‘‘ex2 pended—’’ and all that follows through ‘‘2000’’ and 

3 inserting ‘‘expended $1,047,119,000 for each of fis4 cal years 2006 through 2009’’; and 

5 (2) in subparagraph (B)—

6 (A) by striking ‘‘section 1701(f)’’ and in7 serting ‘‘section 1701(d)’’; and 

8 (B) by striking the third sentence. 

9 SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BEN10 EFITS UNDER PUBLIC SAFETY OFFICERS’ 

11 DEATH BENEFITS PROGRAMS. 

12 (a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—

13 Section 1204 of the Omnibus Crime Control and Safe 

14 Streets Act of 1968 (42 U.S.C. 3796b), as most recently 

15 amended by section 2(a) of the Mychal Judge Police and 

16 Fire Chaplains Public Safety Officers’ Benefit Act of 2002 

17 (Public Law 107–196; 116 Stat. 719), is amended—

18 (1) by redesignating paragraphs (7) and (8) as 

19 paragraphs (8) and (9), respectively; 

20 (2) by inserting after paragraph (6) the fol21 lowing new paragraph: 

22 ‘‘(7) ‘member of a rescue squad or ambulance 

23 crew’ means an officially recognized or designated 

24 public employee member of a rescue squad or ambu25 lance crew;’’; and 
96

•HR 3402 EH 

1 (3) in paragraph (4) by striking ‘‘and’’ and all 

2 that follows through the end and inserting a semi3 colon. 

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.—

9 Section 1201 of such Act (42 U.S.C. 3796) is amended 

10 by adding at the end the following: 

11 ‘‘(m) In any case in which the Bureau paid, before 

12 the date of the enactment of Public Law 107–196, any 

13 benefit under this part to an individual who—

14 ‘‘(1) before the enactment of that law was enti15 tled to receive that benefit; and 

16 ‘‘(2) by reason of the retroactive effective date 

17 of that law is no longer entitled to receive that ben18 efit, 

19 the Bureau may suspend or end activities to collect that 

20 benefit if the Bureau determines that collecting that ben21 efit is impractical or would cause undue hardship to that 

22 individual.’’. 

23 (d) DESIGNATION OF BENEFICIARY.—Section 

24 1201(a)(4) of such Act (42 U.S.C. 3796(a)(4)) is amend25 ed to read as follows: 
97

•HR 3402 EH 

1 ‘‘(4) if there is no surviving spouse or surviving 

2 child—

3 ‘‘(A) in the case of a claim made on or 

4 after the date that is 90 days after the date of 

5 the enactment of this subparagraph, to the indi6 vidual designated by such officer as beneficiary 

7 under this section in such officer’s most re8 cently executed designation of beneficiary on 

9 file at the time of death with such officer’s pub10 lic safety agency, organization, or unit, provided 

11 that such individual survived such officer; or 

12 ‘‘(B) if there is no individual qualifying 

13 under subparagraph (A), to the individual des14 ignated by such officer as beneficiary under 

15 such officer’s most recently executed life insur16 ance policy, provided that such individual sur17 vived such officer; or’’.

18 SEC. 255. PRE-RELEASE AND POST-RELEASE PROGRAMS 

19 FOR JUVENILE OFFENDERS. 

20 Section 1801(b) of the Omnibus Crime Control and 

21 Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amend22 ed—

23 (1) in paragraph (15) by striking ‘‘or’’ at the 

24 end; 
98

•HR 3402 EH 

1 (2) in paragraph (16) by striking the period at 

2 the end and inserting ‘‘; or’’; and 

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

4 ‘‘(17) establishing, improving, and coordinating 

5 pre-release and post-release systems and programs 

6 to facilitate the successful reentry of juvenile offend7 ers from State or local custody in the community.’’. 

8 SEC. 256. REAUTHORIZATION OF JUVENILE ACCOUNT9 ABILITY BLOCK GRANTS. 

10 Section 1810(a) of the Omnibus Crime Control and 

11 Safe Streets Act of 1968 (42 U.S.C. 3796gg–10(a)) is 

12 amended by striking ‘‘2002 through 2005’’ and inserting 

13 ‘‘2006 through 2009’’. 

14 SEC. 257. SEX OFFENDER MANAGEMENT. 

15 Section 40152 of the Violent Crime Control and Law 

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

17 by striking subsection (c) and inserting the following: 

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

19 are authorized to be appropriated to carry out this section 

20 $5,000,000 for each of fiscal years 2006 through 2010.’’.

21 SEC. 258. EVIDENCE-BASED APPROACHES. 

22 Section 1802 of the Omnibus Crime Control and Safe 

23 Streets Act of 1968 is amended—
99

•HR 3402 EH 

1 (1) in subsection (a)(1)(B) by inserting ‘‘, in2 cluding the extent to which evidence-based ap3 proaches are utilized’’ after ‘‘part’’; and 

4 (2) in subsection (b)(1)(A)(ii) by inserting ‘‘, 

5 including the extent to which evidence-based ap6 proaches are utilized’’ after ‘‘part’’. 

7 SEC. 259. REAUTHORIZATION OF MATCHING GRANT PRO8 GRAM FOR SCHOOL SECURITY. 

9 (a) IN GENERAL.—Section 2705 of the Omnibus 

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

11 3797e) is amended by striking ‘‘2003’’ and inserting 

12 ‘‘2009’’. 

13 (b) PROGRAM TO REMAIN UNDER COPS OFFICE.—

14 Section 2701 of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (42 U.S.C. 3797a) is amended in sub16 section (a) by inserting after ‘‘The Attorney General’’ the 

17 following: ‘‘, acting through the Office of Community Ori18 ented Policing Services,’’. 

19 TITLE III—MISCELLANEOUS 

20 PROVISIONS 

21 SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC 

22 LAW 107–56. 

23 (a) STRIKING SURPLUS WORDS.—
100

•HR 3402 EH 

1 (1) Section 2703(c)(1) of title 18, United 

2 States Code, is amended by striking ‘‘or’’ at the end 

3 of subparagraph (C). 

4 (2) Section 1960(b)(1)(C) of title 18, United 

5 States Code, is amended by striking ‘‘to be used to 

6 be used’’ and inserting ‘‘to be used’’. 

7 (b) PUNCTUATION AND GRAMMAR CORRECTIONS.—

8 Section 2516(1)(q) of title 18, United States Code, is 

9 amended—

10 (1) by striking the semicolon after the first 

11 close parenthesis; and 

12 (2) by striking ‘‘sections’’ and inserting ‘‘sec13 tion’’. 

14 (c) CROSS REFERENCE CORRECTION.—Section 322 

15 of Public Law 107–56 is amended, effective on the date 

16 of the enactment of that section, by striking ‘‘title 18’’ 

17 and inserting ‘‘title 28’’. 

18 SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS. 

19 (a) TABLE OF SECTIONS OMISSION.—The table of 

20 sections at the beginning of chapter 203 of title 18, United 

21 States Code, is amended by inserting after the item relat22 ing to section 3050 the following new item:

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and 

Explosives.’’.

23 (b) REPEAL OF DUPLICATIVE PROGRAM.—Section 

24 316 of Part A of the Runaway and Homeless Youth Act 
101

•HR 3402 EH 

1 (42 U.S.C. 5712d), as added by section 40155 of the Vio2 lent Crime Control and Law Enforcement Act of 1994 

3 (Public Law 103–322; 108 Stat. 1922), is repealed. 

4 (c) REPEAL OF PROVISION RELATING TO UNAU5 THORIZED PROGRAM.—Section 20301 of Public Law 103–

6 322 is amended by striking subsection (c).

7 SEC. 303. USE OF FEDERAL TRAINING FACILITIES. 

8 (a) FEDERAL TRAINING FACILITIES.—Unless specifi9 cally authorized in writing by the Attorney General, the 

10 Department of Justice (and each entity within it) shall 

11 use for any predominantly internal training or conference 

12 meeting only a facility that does not require a payment 

13 to a private entity for use of the facility. 

14 (b) ANNUAL REPORT.—The Attorney General shall 

15 prepare an annual report to the Chairmen and ranking 

16 minority members of the Committees on the Judiciary of 

17 the Senate and of the House of Representatives that de18 tails each training and conference meeting that requires 

19 specific authorization under subsection (a). The report 

20 shall include an explanation of why the facility was chosen, 

21 and a breakdown of any expenditures incurred in excess 

22 of the cost of conducting the training or meeting at a facil23 ity that did not require such authorization.
102

•HR 3402 EH 

1 SEC. 304. PRIVACY OFFICER. 

2 (a) IN GENERAL.—The Attorney General shall des3 ignate a senior official in the Department of Justice to 

4 assume primary responsibility for privacy policy. 

5 (b) RESPONSIBILITIES.—The responsibilities of such 

6 official shall include—

7 (1) assuring that the use of technologies sus8 tain, and do not erode, privacy protections relating 

9 to the use, collection, and disclosure of personally 

10 identifiable information; 

11 (2) assuring that personally identifiable infor12 mation contained in systems of records is handled in 

13 full compliance with fair information practices as set 

14 out in section 552a of title 5, United States Code; 

15 (3) evaluating legislative and regulatory pro16 posals involving collection, use, and disclosure of 

17 personally identifiable information by the Federal 

18 Government; 

19 (4) conducting a privacy impact assessment of 

20 proposed rules of the Department on the privacy of 

21 personally identifiable information, including the 

22 type of personally identifiable information collected 

23 and the number of people affected; 

24 (5) preparing a report to Congress on an an25 nual basis on activities of the Department that af26 fect privacy, including complaints of privacy viola-
103

•HR 3402 EH 

1 tions, implementation of section 552a of title 5, 

2 United States Code, internal controls, and other rel3 evant matters; 

4 (6) ensuring that the Department protects per5 sonally identifiable information and information sys6 tems from unauthorized access, use, disclosure, dis7 ruption, modification, or destruction in order to pro8 vide—

9 (A) integrity, which means guarding 

10 against improper information modification or 

11 destruction, and includes ensuring information 

12 nonrepudiation and authenticity; 

13 (B) confidentially, which means preserving 

14 authorized restrictions on access and disclosure, 

15 including means for protecting personal privacy 

16 and proprietary information; 

17 (C) availability, which means ensuring 

18 timely and reliable access to and use of that in19 formation; and 

20 (D) authentication, which means utilizing 

21 digital credentials to assure the identity of 

22 users and validate their access; and 

23 (7) advising the Attorney General and the Di24 rector of the Office of Management and Budget on 
104

•HR 3402 EH 

1 information security and privacy issues pertaining to 

2 Federal Government information systems. 

3 (c) REVIEW.—The Department of Justice shall re4 view its policies to assure that the Department treats per5 sonally identifiable information in its databases in a man6 ner that complies with applicable Federal law on privacy.

7 SEC. 305. BANKRUPTCY CRIMES. 

8 The Director of the Executive Office for United 

9 States Trustees shall prepare an annual report to the Con10 gress detailing—

11 (1) the number and types of criminal referrals 

12 made by the United States Trustee Program; 

13 (2) the outcomes of each criminal referral; 

14 (3) for any year in which the number of crimi15 nal referrals is less than for the prior year, an expla16 nation of the decrease; and 

17 (4) the United States Trustee Program’s efforts 

18 to prevent bankruptcy fraud and abuse, particularly 

19 with respect to the establishment of uniform internal 

20 controls to detect common, higher risk frauds, such 

21 as a debtor’s failure to disclose all assets.
105

•HR 3402 EH 

1 SEC. 306. REPORT TO CONGRESS ON STATUS OF UNITED 

2 STATES PERSONS OR RESIDENTS DETAINED 

3 ON SUSPICION OF TERRORISM. 

4 Not less often than once every 12 months, the Attor5 ney General shall submit to Congress a report on the sta6 tus of United States persons or residents detained, as of 

7 the date of the report, on suspicion of terrorism. The re8 port shall—

9 (1) specify the number of persons or residents 

10 so detained; and 

11 (2) specify the standards developed by the De12 partment of Justice for recommending or deter13 mining that a person should be tried as a criminal 

14 defendant or should be designated as an enemy com15 batant. 

16 SEC. 307. INCREASED PENALTIES AND EXPANDED JURIS17 DICTION FOR SEXUAL ABUSE OFFENSES IN 

18 CORRECTIONAL FACILITIES. 

19 (a) EXPANDED JURISDICTION.—The following provi20 sions of title 18, United States Code, are each amended 

21 by inserting ‘‘or in any prison, institution, or facility in 

22 which persons are held in custody by direction of or pursu23 ant to a contract or agreement with the Attorney General’’ 

24 after ‘‘in a Federal prison,’’: 

25 (1) Subsections (a) and (b) of section 2241. 
106

•HR 3402 EH 

1 (2) The first sentence of subsection (c) of sec2 tion 2241. 

3 (3) Section 2242. 

4 (4) Subsections (a) and (b) of section 2243. 

5 (5) Subsections (a) and (b) of section 2244. 

6 (b) INCREASED PENALTIES.—

7 (1) SEXUAL ABUSE OF A WARD.—Section 

8 2243(b) of such title is amended by striking ‘‘one 

9 year’’ and inserting ‘‘five years’’. 

10 (2) ABUSIVE SEXUAL CONTACT.—Section 2244 

11 of such title is amended by striking ‘‘six months’’ 

12 and inserting ‘‘two years’’ in each of subsections 

13 (a)(4) and (b). 

14 SEC. 308. EXPANDED JURISDICTION FOR CONTRABAND OF15 FENSES IN CORRECTIONAL FACILITIES. 

16 Section 1791(d)(4) of title 18, United States Code, 

17 is amended by inserting ‘‘or any prison, institution, or fa18 cility in which persons are held in custody by direction 

19 of or pursuant to a contract or agreement with the Attor20 ney General’’ after ‘‘penal facility’’. 

21 SEC. 309. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE 

22 PRELIMINARY HEARING. 

23 The second sentence of section 3060(c) of title 18, 

24 United States Code, is amended to read as follows: ‘‘In 

25 the absence of such consent of the accused, the judge or 
107

•HR 3402 EH 

1 magistrate judge may extend the time limits only on a 

2 showing that extraordinary circumstances exist and justice 

3 requires the delay.’’. 

4 SEC. 310. TECHNICAL CORRECTIONS RELATING TO 

5 STEROIDS. 

6 Section 102(41)(A) of the Controlled Substances Act 

7 (21 U.S.C. 802(41)(A)), as amended by the Anabolic Ster8 oid Control Act of 2004 (Public law 108–358), is amended 

9 by—

10 (1) striking clause (xvii) and inserting the fol11 lowing: 

12 ‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one;’’; 

13 and 

14 (2) striking clause (xliv) and inserting the fol15 lowing: 

16 ‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy17 [5α]-androst-2-eno[3,2-c]-pyrazole);’’. 

18 SEC. 311. PRISON RAPE COMMISSION EXTENSION. 

19 Section 7 of the Prison Rape Elimination Act of 2003 

20 (42 U.S.C. 15606) is amended in subsection (d)(3)(A) by 

21 striking ‘‘2 years’’ and inserting ‘‘3 years’’. 
108

•HR 3402 EH 

1 SEC. 312. 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 fol5 lowing new section:

6 ‘‘§ 3298. Trafficking-related offenses 

7 ‘‘No person shall be prosecuted, tried, or punished 

8 for any non-capital offense or conspiracy to commit a non9 capital offense under section 1581 (Peonage; Obstructing 

10 Enforcement), 1583 (Enticement into Slavery), 1584 

11 (Sale into Involuntary Servitude), 1589 (Forced Labor), 

12 1590 (Trafficking with Respect to Peonage, Slavery, In13 voluntary Servitude, or Forced Labor), or 1592 (Unlawful 

14 Conduct with Respect to Documents in furtherance of 

15 Trafficking, Peonage, Slavery, Involuntary Servitude, or 

16 Forced Labor) of this title or under section 274(a) of the 

17 Immigration and Nationality Act unless the indictment is 

18 found or the information is instituted not later than 10 

19 years after the commission of the offense.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at 

21 the beginning of such chapter is amended by adding at 

22 the 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 
109

•HR 3402 EH 

1 years after the offense, whichever is longer’’ after ‘‘of the 

2 child’’. 

3 SEC. 313. USE OF CENTER FOR CRIMINAL JUSTICE TECH4 NOLOGY. 

5 (a) IN GENERAL.—The Attorney General may use 

6 the services of the Center for Criminal Justice Technology, 

7 a nonprofit ‘‘center of excellence’’ that provides technology 

8 assistance and expertise to the criminal justice commu9 nity. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Attorney General 

12 to carry out this section the following amounts, to remain 

13 available until expended: 

14 (1) $7,500,000 for fiscal year 2006; 

15 (2) $7,500,000 for fiscal year 2007; and 

16 (3) $10,000,000 for fiscal year 2008. 

17 SEC. 314. SEARCH GRANTS. 

18 (a) IN GENERAL.—Pursuant to subpart 1 of part E 

19 of title I of the Omnibus Crime Control and Safe Streets 

20 Act of 1968, the Attorney General may make grants to 

21 SEARCH, the National Consortium for Justice Informa22 tion and Statistics, to carry out the operations of the Na23 tional Technical Assistance and Training Program. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Attorney General 
110

•HR 3402 EH 

1 to carry out this section $2,000,000 for each of fiscal 

2 years 2006 through 2009.

3 SEC. 315. REAUTHORIZATION OF LAW ENFORCEMENT TRIB4 UTE 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. 316. AMENDMENT REGARDING BULLYING AND GANGS. 

9 Paragraph (13) of section 1801(b) of the Omnibus 

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

11 3796ee(b)) is amended to read as follows: 

12 ‘‘(13) establishing and maintaining account13 ability-based programs that are designed to enhance 

14 school safety, which programs may include reseach15 based bullying, cyberbullying, and gang prevention 

16 programs;’’. 

17 SEC. 317. TRANSFER OF PROVISIONS RELATING TO THE BU18 REAU OF ALCOHOL, TOBACCO, FIREARMS, 

19 AND EXPLOSIVES. 

20 (a) ORGANIZATIONAL PROVISION.—Part II of title 

21 28, United States Code, is amended by adding at the end 

22 the following new chapter: 

23 ‘‘CHAPTER 40A—BUREAU OF ALCOHOL, 

24 TOBACCO, FIREARMS, AND EXPLOSIVES

‘‘Sec. 

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

‘‘599B. Personnel management demonstration project.’’.
111

•HR 3402 EH 

1 (b) TRANSFER OF PROVISIONS.—The section heading 

2 for, and subsections (a), (b), (c)(1), and (c)(3) of, section 

3 1111, and section 1115, of the Homeland Security Act 

4 of 2002 (6 U.S.C. 531(a), (b), (c)(1), and (c)(3), and 533) 

5 are hereby transferred to, and added at the end of chapter 

6 40A of such title, as added by subsection (a) of this sec7 tion. 

8 (c) CONFORMING AMENDMENTS.—

9 (1) Such section 1111 is amended—

10 (A) by striking the section heading and in11 serting the following: 

12 ‘‘§ 599A. Bureau of Alcohol, Tobacco, Firearms, and 

13 Explosives’’;

14 and 

15 (B) in subsection (b)(2), by inserting ‘‘of 

16 section 1111 of the Homeland Security Act of 

17 2002 (as enacted on the date of the enactment 

18 of such Act)’’ after ‘‘subsection (c)’’, 

19 and such section heading and such subsections (as 

20 so amended) shall constitute section 599A of such 

21 title. 

22 (2) Such section 1115 is amended by striking 

23 the section heading and inserting the following: 
112

•HR 3402 EH 

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 

6 for such part is amended by adding at the end the fol7 lowing new item:

‘‘40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives ............................................................................ 599A’’.

8 SEC. 318. REAUTHORIZE THE GANG RESISTANCE EDU9 CATION AND TRAINING PROJECTS PROGRAM. 

10 Section 32401(b) of the Violent Crime Control Act 

11 of 1994 (42 U.S.C. 13921(b)) is amended by striking 

12 paragraphs (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. 319. NATIONAL TRAINING CENTER. 

19 (a) IN GENERAL.—The Attorney General may use 

20 the 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 Na-
113

•HR 3402 EH 

1 tional Training Center in Sioux City, Iowa, seeks a com2 prehensive approach to control and reduce methamphet3 amine trafficking, production and usage through training. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Attorney General 

6 to carry out this section the following amounts, to remain 

7 available until expended: 

8 (1) $2,500,000 for fiscal year 2006. 

9 (2) $3,000,000 for fiscal year 2007. 

10 (3) $3,000,000 for fiscal year 2008. 

11 (4) $3,000,000 for fiscal year 2009. 

12 SEC. 320. SENSE OF CONGRESS RELATING TO ‘‘GOOD TIME’’ 

13 RELEASE. 

14 It is the sense of Congress that it is important to 

15 study the concept of implementing a ‘‘good time’’ release 

16 program for non-violent criminals in the Federal prison 

17 system. 

18 SEC. 321. PUBLIC EMPLOYEE UNIFORMS. 

19 (a) IN GENERAL.—Section 716 of title 18, United 

20 States Code, is amended—

21 (1) by striking ‘‘police badge’’ each place it ap22 pears in subsections (a) and (b) and inserting ‘‘offi23 cial insignia or article of clothing’’; 
114

•HR 3402 EH 

1 (2) in each of paragraphs (2) and (4) of sub2 section (a), by striking ‘‘badge of the police’’ and in3 serting ‘‘official insignia or article of clothing’’; 

4 (3) in subsection (b)—

5 (A) by striking ‘‘the badge’’ and inserting 

6 ‘‘the insignia or article of clothing’’; and 

7 (B) by inserting ‘‘is other than a counter8 feit police badge and’’ before ‘‘is used or is in9 tended to be used’’; 

10 (4) in subsection (c)—

11 (A) by striking ‘‘and’’ at the end of para12 graph (1); 

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

14 paragraph (2) and inserting ‘‘; and’’; 

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

16 ‘‘(3) the term ‘official insignia or article of 

17 clothing’ means an article of distinctive clothing or 

18 insignia, including a badge, emblem or identification 

19 card, that is an indicium of the authority of a public 

20 employee; and 

21 ‘‘(4) the term ‘public employee’ means any offi22 cer or employee of the Federal Government or of a 

23 State or local government.’’; 

24 (5) by adding at the end the following: 
115

•HR 3402 EH 

1 ‘‘(d) It is a defense to a prosecution under this sec2 tion that theofficial insignia or article of clothing is a 

3 counterfeit police badge and is used or is intended to be 

4 used exclusively—

5 ‘‘(1) for a dramatic presentation, such as a the6 atrical, film, or television production; or 

7 ‘‘(2) for legitimate law enforcement purposes.’’; 

8 and 

9 (6) in the heading for the section, by striking 

10 ‘‘Police badges’’ and inserting ‘‘Public em11 ployee insignia and clothing’’. 

12 (b) CONFORMING AMENDMENT TO TABLE OF SEC13 TIONS.—The item in the table of sections at the beginning 

14 of chapter 33 of title 18, United States Code, relating to 

15 section 716 is amended by striking ‘‘Police badges’’ and 

16 inserting ‘‘Public employee insignia and clothing’’. 

17 (c) DIRECTION TO SENTENCING COMMISSION.—The 

18 United States Sentencing Commission is directed to make 

19 appropriate amendments to sentencing guidelines, policy 

20 statements, and official commentary to assure that the 

21 sentence imposed on a defendant who is convicted of a 

22 Federal offense while wearing or displaying insignia and 

23 clothing received in violation of section 716 of title 18, 

24 United States Code, reflects the gravity of this aggra25 vating factor. 
116

•HR 3402 EH 

1 SEC. 322. OFFICIALLY APPROVED POSTAGE. 

2 Section 475 of title 18, United States Code, is 

3 amended by adding at the end the following: ‘‘Nothing in 

4 this section applies to evidence of postage payment ap5 proved by the United States Postal Service.’’. 

6 SEC. 323. AUTHORIZATION OF ADDITIONAL APPROPRIA7 TIONS. 

8 In addition to any other amounts authorized by law, 

9 there are authorized to be appropriated for grants to the 

10 American Prosecutors Research Institute under section 

11 214A of the Victims of Child Abuse Act of 1990 (42 

12 U.S.C. 13003) $7,500,000 for each of fiscal years 2006 

13 through 2010. 

14 SEC. 324. ASSISTANCE TO COURTS. 

15 The chief judge of each United States district court 

16 is encouraged to cooperate with requests from State and 

17 local authorities whose operations have been significantly 

18 disrupted as a result of Hurricane Katrina or Hurricane 

19 Rita to provide accommodations in Federal facilities for 

20 State and local courts to conduct their proceedings. 

21 SEC. 325. STUDY AND REPORT ON CORRELATION BETWEEN 

22 SUBSTANCE ABUSE AND DOMESTIC VIO23 LENCE AT DOMESTIC VIOLENCE SHELTERS. 

24 The Secretary of Health and Human Services shall 

25 carry out a study on the correlation between a perpetra26 tor’s drug and alcohol abuse and the reported incidence 
117

•HR 3402 EH 

1 of domestic violence at domestic violence shelters. The 

2 study shall cover fiscal years 2006 through 2008. Not 

3 later than February 2009, the Secretary shall submit to 

4 Congress a report on the results of the study. 

5 SEC. 326. REAUTHORIZATION OF STATE CRIMINAL ALIEN 

6 ASSISTANCE PROGRAM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 241(i)(5) of the Immigration and Nationality Act (8 

9 U.S.C. 1231(i)(5)) is amended by striking ‘‘appropriated’’ 

10 and all that follows through the period and inserting the 

11 following: ‘‘appropriated to carry out this subsection—

12 ‘‘(A) such sums as may be necessary for 

13 fiscal year 2005; 

14 ‘‘(B) $750,000,000 for fiscal year 2006; 

15 ‘‘(C) $850,000,000 for fiscal year 2007; 

16 and 

17 ‘‘(D) $950,000,000 for each of the fiscal 

18 years 2008 through 2011.’’. 

19 (b) LIMITATION ON USE OF FUNDS.—Section 

20 241(i)(6) of the Immigration and Nationality Act (8 

21 U.S.C. 1231(i)(6)) is amended to read as follows: 

22 ‘‘(6) Amounts appropriated pursuant to the au23 thorization of appropriations in paragraph (5) that 

24 are distributed to a State or political subdivision of 
118

•HR 3402 EH 

1 a State, including a municipality, may be used only 

2 for correctional purposes.’’. 

3 (c) STUDY AND REPORT ON STATE AND LOCAL AS4 SISTANCE IN INCARCERATING UNDOCUMENTED CRIMINAL

5 ALIENS.—

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of the enactment of this Act, the Inspector 

8 General of the United States Department of Justice 

9 shall perform a study, and report to the Committee 

10 on the Judiciary of the United States House of Rep11 resentatives and the Committee on the Judiciary of 

12 the United States Senate on the following: 

13 (A) Whether there are States, or political 

14 subdivisions of a State, that have received com15 pensation under section 241(i) of the Immigra16 tion and Nationality Act (8 U.S.C. 1231(i)) and 

17 are not fully cooperating in the Department of 

18 Homeland Security’s efforts to remove from the 

19 United States undocumented criminal aliens (as 

20 defined in paragraph (3) of such section). 

21 (B) Whether there are States, or political 

22 subdivisions of a State, that have received com23 pensation under section 241(i) of the Immigra24 tion and Nationality Act (8 U.S.C. 1231(i)) and 

25 that have in effect a policy that violates section 
119

•HR 3402 EH 

1 642 of the Illegal Immigration Reform and Im2 migrant Responsibility Act of 1996 (8 U.S.C. 

3 1373). 

4 (C) The number of criminal offenses that 

5 have been committed by aliens unlawfully 

6 present in the United States after having been 

7 apprehended by States or local law enforcement 

8 officials for a criminal offense and subsequently 

9 being released without being referred to the De10 partment of Homeland Security for removal 

11 from the United States. 

12 (D) The number of aliens described in sub13 paragraph (C) who were released because the 

14 State or political subdivision lacked space or 

15 funds for detention of the alien. 

16 (2) IDENTIFICATION.—In the report submitted 

17 under paragraph (1), the Inspector General of the 

18 United States Department of Justice—

19 (A) shall include a list identifying each 

20 State or political subdivision of a State that is 

21 determined to be described in subparagraph (A) 

22 or (B) of paragraph (1); and 

23 (B) shall include a copy of any written pol24 icy determined to be described in subparagraph 

25 (B). 
120

•HR 3402 EH 

1 TITLE IV—VIOLENCE AGAINST 

2 WOMEN REAUTHORIZATION 

3 ACT OF 2005

4 SEC. 401. SHORT TITLE. 

5 Titles IV through X of this Act may be cited as the 

6 ‘‘Violence Against Women Reauthorization Act of 2005’’. 

7 SEC. 402. DEFINITIONS AND REQUIREMENTS FOR PRO8 GRAMS RELATING TO VIOLENCE AGAINST 

9 WOMEN. 

10 Part T of the Omnibus Crime Control and Safe 

11 Streets Act of 1968 is amended by inserting before section 

12 2001 (42 U.S.C. 3796gg) the following new sections: 

13 ‘‘SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING 

14 TO VIOLENCE AGAINST WOMEN ARE GENDER15 NEUTRAL. 

16 ‘‘In this part, and in any other Act of Congress, un17 less the context unequivocally requires otherwise, a provi18 sion authorizing or requiring the Department of Justice 

19 to make grants, or to carry out other activities, for assist20 ance to victims of domestic violence, dating violence, stalk21 ing, sexual assault, or trafficking in persons, shall be con22 strued to cover grants that provide assistance to female 

23 victims, male victims, or both. 
121

•HR 3402 EH 

1 ‘‘SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION 

2 CARRIED OUT BY VIOLENCE AGAINST 

3 WOMEN OFFICE. 

4 ‘‘(a) IN GENERAL.—In this part, and in any violence 

5 against women provision, unless the context unequivocally 

6 requires otherwise, the following definitions apply: 

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, 

11 sexual assault or stalking, including immigration, 

12 family, juvenile, and dependency courts, and the ju13 dicial officers serving in those courts, including 

14 judges, magistrate judges, commissioners, justices of 

15 the peace, or any other person with decisionmaking 

16 authority. 

17 ‘‘(2) CHILD MALTREATMENT.—The term ‘child 

18 maltreatment’ means the physical or psychological 

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

20 assault and abuse. 

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

22 term ‘community-based organization’ means an or23 ganization that—

24 ‘‘(A) focuses primarily on domestic vio25 lence, dating violence, sexual assault, or stalk26 ing; 
122

•HR 3402 EH 

1 ‘‘(B) has established a specialized cul2 turally specific program that addresses domestic 

3 violence, dating violence, sexual assault, or 

4 stalking; 

5 ‘‘(C) has a primary focus on underserved 

6 populations (and includes representatives of 

7 these populations) and domestic violence, dating 

8 violence, sexual assault, or stalking; or 

9 ‘‘(D) obtains expertise, or shows dem10 onstrated capacity to work effectively, on do11 mestic violence, dating violence, sexual assault, 

12 and stalking through collaboration. 

13 ‘‘(4) COURT-BASED AND COURT-RELATED PER14 SONNEL.—The term ‘court-based’ and ‘court-related 

15 personnel’ mean persons working in the court, 

16 whether paid or volunteer, including—

17 ‘‘(A) clerks, special masters, domestic rela18 tions officers, administrators, mediators, cus19 tody evaluators, guardians ad litem, lawyers, 

20 negotiators, probation, parole, interpreters, vic21 tim assistants, victim advocates, and judicial, 

22 administrative, or any other professionals or 

23 personnel similarly involved in the legal process; 

24 ‘‘(B) court security personnel; 
123

•HR 3402 EH 

1 ‘‘(C) personnel working in related, supple2 mentary offices or programs (such as child sup3 port enforcement); and 

4 ‘‘(D) any other court-based or community5 based personnel having responsibilities or au6 thority to address domestic violence, dating vio7 lence, sexual assault, or stalking in the court 

8 system. 

9 ‘‘(5) DOMESTIC VIOLENCE.—The term ‘domes10 tic violence’ includes felony or misdemeanor crimes 

11 of violence committed by a current or former spouse 

12 of the victim, by a person with whom the victim 

13 shares a child in common, by a person who is co14 habitating with or has cohabitated with the victim as 

15 a spouse, by a person similarly situated to a spouse 

16 of the victim under the domestic or family violence 

17 laws of the jurisdiction receiving grant monies, or by 

18 any other person against an adult, youth, or minor 

19 victim who is protected from that person’s acts 

20 under the domestic or family violence laws of the ju21 risdiction receiving grant monies. 

22 ‘‘(6) DATING PARTNER.—The term ‘dating 

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

24 ongoing social relationship of a romantic or intimate 
124

•HR 3402 EH 

1 nature with the abuser, and existence of such a rela2 tionship based on a consideration of—

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

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

5 ‘‘(C) the frequency of interaction between 

6 the persons involved in the relationship. 

7 ‘‘(7) DATING VIOLENCE.—The term ‘dating vio8 lence’ means violence committed by a person—

9 ‘‘(A) who is or has been in an ongoing so10 cial relationship of a romantic or intimate na11 ture with the victim; and 

12 ‘‘(B) where the existence of such a rela13 tionship shall be determined based on a consid14 eration of the following factors: 

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

16 ‘‘(ii) The type of relationship. 

17 ‘‘(iii) The frequency of interaction be18 tween the persons involved in the relation19 ship. 

20 ‘‘(8) ELDER ABUSE.—The term ‘elder abuse’ 

21 means any action against a person who is 60 years 

22 of age or older that constitutes the willful—

23 ‘‘(A) infliction of injury, unreasonable con24 finement, intimidation, or cruel punishment 
125

•HR 3402 EH 

1 with resulting physical harm, pain, or mental 

2 anguish; or 

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

4 caregiver, of goods or services that are nec5 essary to avoid physical harm, mental anguish, 

6 or mental illness. 

7 ‘‘(9) INDIAN.—The term ‘Indian’ means a 

8 member of an Indian tribe. 

9 ‘‘(10) INDIAN HOUSING.—The term ‘Indian 

10 housing’ means housing assistance described in the 

11 Native American Assistance and Self-Determination 

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

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

14 means a tribe, band, pueblo, nation, or other orga15 nized group or community of Indians, including any 

16 Alaska Native village or regional or village corpora17 tion (as defined in, or established pursuant to, the 

18 Alaska Native Claims Settlement Act (43 U.S.C. 

19 1601 et seq.)), that is recognized as eligible for the 

20 special programs and services provided by the 

21 United States to Indians because of their status as 

22 Indians. 

23 ‘‘(12) INDIAN LAW ENFORCEMENT.—The term 

24 ‘Indian law enforcement’ means the departments or 
126

•HR 3402 EH 

1 individuals under the direction of the Indian tribe 

2 that maintain public order. 

3 ‘‘(13) LAW ENFORCEMENT.—The term ‘law en4 forcement’ means a public agency charged with po5 licing functions, including any of its component bu6 reaus (such as governmental victim services pro7 grams), including those referred to in section 3 of 

8 the Indian Enforcement Reform Act (25 U.S.C. 

9 2802). 

10 ‘‘(14) LEGAL ASSISTANCE.—The term ‘legal as11 sistance’— 

12 ‘‘(A) includes assistance to adult, youth, 

13 and minor victims of domestic violence, dating 

14 violence, sexual assault, and stalking in—

15 ‘‘(i) family, tribal, territorial, immi16 gration, employment, administrative agen17 cy, housing matters, campus administrative 

18 or protection or stay away order pro19 ceedings, and other similar matters; and 

20 ‘‘(ii) criminal justice investigations, 

21 prosecutions and post-trial matters (includ22 ing sentencing, parole, and probation) that 

23 impact the victim’s safety and privacy, 

24 subject to subparagraph (B); and 
127

•HR 3402 EH 

1 ‘‘(B) does not include representation of a 

2 defendant in a criminal or juvenile proceeding. 

3 ‘‘(15) LINGUISTICALLY AND CULTURALLY SPE4 CIFIC SERVICES.—The term ‘linguistically and cul5 turally specific services’ means community-based 

6 services that offer full linguistic access and cul7 turally specific services and resources, including out8 reach, collaboration, and support mechanisms pri9 marily directed toward racial and ethnic populations 

10 and other underserved communities. 

11 ‘‘(16) PERSONALLY IDENTIFYING INFORMATION

12 OR PERSONAL INFORMATION.—The term ‘personally 

13 identifying information’ or ‘personal information’ 

14 means individually identifying information for or 

15 about an individual including information likely to 

16 disclose the location of a victim of domestic violence, 

17 dating violence, sexual assault, or stalking, includ18 ing—

19 ‘‘(A) a first and last name; 

20 ‘‘(B) a home or other physical address; 

21 ‘‘(C) contact information (including a post22 al, e-mail or Internet protocol address, or tele23 phone or facsimile number); 

24 ‘‘(D) a social security number; and 
128

•HR 3402 EH 

1 ‘‘(E) any other information, including date 

2 of birth, racial or ethnic background, or reli3 gious affiliation, that, in combination with any 

4 of subparagraphs (A) through (D), would serve 

5 to identify any individual. 

6 ‘‘(17) PROSECUTION.—The term ‘prosecution’ 

7 means any public agency charged with direct respon8 sibility for prosecuting criminal offenders, including 

9 such agency’s component bureaus (such as govern10 mental victim services programs). 

11 ‘‘(18) PROTECTION ORDER OR RESTRAINING

12 ORDER.—The term ‘protection order’ or ‘restraining 

13 order’ includes—

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

15 any other order issued by a civil or criminal 

16 court for the purpose of preventing violent or 

17 threatening acts or harassment against, sexual 

18 violence or contact or communication with or 

19 physical proximity to, another person, including 

20 any temporary or final orders issued by civil or 

21 criminal courts whether obtained by filing an 

22 independent action or as a pendente lite order 

23 in another proceeding so long as any civil order 

24 was issued in response to a complaint, petition, 
129

•HR 3402 EH 

1 or motion filed by or on behalf of a person seek2 ing protection; and 

3 ‘‘(B) any support, child custody or visita4 tion provisions, orders, remedies, or relief 

5 issued as part of a protection order, restraining 

6 order, or stay away injunction pursuant to 

7 State, tribal, territorial, or local law authorizing 

8 the issuance of protection orders, restraining 

9 orders, or injunctions for the protection of vic10 tims of domestic violence, dating violence, sex11 ual assault, or stalking. 

12 ‘‘(19) RURAL AREA AND RURAL COMMUNITY.—

13 The terms ‘rural area’ and ‘rural community’ 

14 mean—

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

16 no part of which is within an area designated 

17 as a standard metropolitan statistical area by 

18 the Office of Management and Budget; or 

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

20 that is—

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

22 metropolitan statistical area or considered 

23 as part of a metropolitan statistical area; 

24 and 

25 ‘‘(ii) located in a rural census tract. 
130

•HR 3402 EH 

1 ‘‘(20) RURAL STATE.—The term ‘rural State’ 

2 means a State that has a population density of 52 

3 or fewer persons per square mile or a State in which 

4 the largest county has fewer than 150,000 people, 

5 based on the most recent decennial census. 

6 ‘‘(21) SEXUAL ASSAULT.—The term ‘sexual as7 sault’ means any conduct prescribed by chapter 

8 109A of title 18, United States Code, whether or not 

9 the conduct occurs in the special maritime and terri10 torial jurisdiction of the United States or in a Fed11 eral prison and includes both assaults committed by 

12 offenders who are strangers to the victim and as13 saults committed by offenders who are known or re14 lated by blood or marriage to the victim. 

15 ‘‘(22) STALKING.—The term ‘stalking’ means 

16 engaging in a course of conduct directed at a spe17 cific person that would cause a reasonable person 

18 to—

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

20 of others; or 

21 ‘‘(B) suffer substantial emotional distress. 

22 ‘‘(23) STATE.—The term ‘State’ means each of 

23 the several States, the District of Columbia, the 

24 Commonwealth of Puerto Rico, and except as other-
131

•HR 3402 EH 

1 wise provided, Guam, American Samoa, the Virgin 

2 Islands, and the Northern Mariana Islands. 

3 ‘‘(24) STATE DOMESTIC VIOLENCE COALI4 TION.—The term ‘State domestic violence coalition’ 

5 means a program determined by the Administration 

6 for Children and Families under the Family Violence 

7 Prevention and Services Act (42 U.S.C. 10410(b)). 

8 ‘‘(25) STATE SEXUAL ASSAULT COALITION.—

9 The term ‘State sexual assault coalition’ means a 

10 program determined by the Center for Injury Pre11 vention and Control of the Centers for Disease Con12 trol and Prevention under the Public Health Service 

13 Act (42 U.S.C. 280b et seq.). 

14 ‘‘(26) TERRITORIAL DOMESTIC VIOLENCE OR

15 SEXUAL ASSAULT COALITION.—The term ‘territorial 

16 domestic violence or sexual assault coalition’ means 

17 a program addressing domestic violence or sexual as18 sault that is—

19 ‘‘(A) an established nonprofit, nongovern20 mental territorial coalition addressing domestic 

21 violence or sexual assault within the territory; 

22 or 

23 ‘‘(B) a nongovernmental organization with 

24 a demonstrated history of addressing domestic 

25 violence or sexual assault within the territory 
132

•HR 3402 EH 

1 that proposes to incorporate as a nonprofit, 

2 nongovernmental territorial coalition. 

3 ‘‘(27) TRIBAL COALITION.—The term ‘tribal co4 alition’ means—

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

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

15 government’ means—

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

17 tribe; 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 rec24 ognized as eligible for the special programs and 
133

•HR 3402 EH 

1 services provided by the United States to Indi2 ans because of their status as Indians. 

3 ‘‘(29) TRIBAL ORGANIZATION.—The term ‘trib4 al organization’ means—

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

6 tribe; 

7 ‘‘(B) any legally established organization 

8 of Indians which is controlled, sanctioned, or 

9 chartered by such governing body of a tribe or 

10 tribes to be served, or which is democratically 

11 elected by the adult members of the Indian 

12 community to be served by such organization 

13 and which includes the maximum participation 

14 of Indians in all phases of its activities; or 

15 ‘‘(C) any tribal nonprofit organization. 

16 ‘‘(30) UNDERSERVED POPULATIONS.—The 

17 term ‘underserved populations’ includes populations 

18 underserved because of geographic location, under19 served racial and ethnic populations, populations un20 derserved because of special needs (such as language 

21 barriers, disabilities, alienage status, or age), and 

22 any other population determined to be underserved 

23 by the Attorney General. 

24 ‘‘(31) VICTIM ADVOCATE.—The term ‘victim 

25 advocate’ means a person, whether paid or serving 
134

•HR 3402 EH 

1 as a volunteer, who provides services to victims of 

2 domestic violence, sexual assault, stalking, or dating 

3 violence under the auspices or supervision of a vic4 tim services program. 

5 ‘‘(32) VICTIM ASSISTANT.—The term ‘victim 

6 assistant’ means a person, whether paid or serving 

7 as a volunteer, who provides services to victims of 

8 domestic violence, sexual assault, stalking, or dating 

9 violence under the auspices or supervision of a court 

10 or a law enforcement or prosecution agency. 

11 ‘‘(33) VICTIM SERVICES OR VICTIM SERVICE

12 PROVIDER.—The term ‘victim services’ or ‘victim 

13 service provider’ means a nonprofit, nongovern14 mental organization that assists domestic violence, 

15 dating violence, sexual assault, or stalking victims, 

16 including rape crisis centers, domestic violence shel17 ters, faith-based organizations, and other organiza18 tions, with a documented history of effective work, 

19 or a demonstrated capacity to work effectively in col20 laboration with an organization with a documented 

21 history of effective work, concerning domestic vio22 lence, dating violence, sexual assault, or stalking. 

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

24 and young adult victims of domestic violence, dating 

25 violence, sexual assault, or stalking. 
135

•HR 3402 EH 

1 ‘‘(b) VIOLENCE AGAINST WOMEN PROVISION.—In 

2 this section, the term ‘violence against women provision’ 

3 means any provision required by law to be carried out by 

4 or through the Violence Against Women Office. 

5 ‘‘SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT 

6 PROGRAM CARRIED OUT BY VIOLENCE 

7 AGAINST WOMEN OFFICE. 

8 ‘‘(a) IN GENERAL.—In carrying out grants under 

9 this part, and in carrying out grants under any other vio10 lence against women grant program, the Director of the 

11 Violence Against Women Office shall ensure each of the 

12 following: 

13 ‘‘(1) NONDISCLOSURE OF CONFIDENTIAL OR

14 PRIVATE INFORMATION.—

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

16 safety of adult, youth, and minor victims of do17 mestic violence, dating violence, sexual assault, 

18 or stalking, and their families, each grantee and 

19 subgrantee shall reasonably protect the con20 fidentiality and privacy of persons receiving 

21 services. 

22 ‘‘(B) NONDISCLOSURE.—Subject to sub23 paragraphs (C) and (D), grantees and sub24 grantees shall not—
136

•HR 3402 EH 

1 ‘‘(i) disclose any personally identifying 

2 information or individual information col3 lected in connection with services re4 quested, utilized, or denied through grant5 ees’ and subgrantees’ programs; or 

6 ‘‘(ii) reveal individual client informa7 tion without the informed, written, reason8 ably time-limited consent of the person (or 

9 in the case of an unemancipated minor, the 

10 minor and the parent or guardian or in the 

11 case of persons with disabilities, the guard12 ian) about whom information is sought, 

13 whether for this program or any other 

14 Federal, State, tribal, or territorial grant 

15 program, except that consent for release 

16 may not be given by the abuser of the 

17 minor or person with disabilities, or the 

18 abuser of the other parent of the minor. 

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

20 described in subparagraph (B) is compelled by 

21 statutory or court mandate or is requested by 

22 a Member of Congress—

23 ‘‘(i) grantees and subgrantees shall 

24 make reasonable attempts to provide notice 
137

•HR 3402 EH 

1 to victims affected by the disclosure of in2 formation; and 

3 ‘‘(ii) grantees and subgrantees shall 

4 take steps necessary to protect the privacy 

5 and safety of the persons affected by the 

6 release of the information. 

7 ‘‘(D) INFORMATION SHARING.—Grantees 

8 and subgrantees may share—

9 ‘‘(i) nonpersonally identifying data in 

10 the aggregate regarding services to their 

11 clients and nonpersonally identifying demo12 graphic information in order to comply 

13 with Federal, State, tribal, or territorial 

14 reporting, evaluation, or data collection re15 quirements; 

16 ‘‘(ii) court-generated information and 

17 law-enforcement generated information 

18 contained in secure, governmental protec19 tion order registries for investigation, pros20 ecution, and enforcement purposes; and 

21 ‘‘(iii) law enforcement- and prosecu22 tion-generated information necessary for 

23 law enforcement and prosecution purposes. 

24 ‘‘(2) APPROVED ACTIVITIES.—In carrying out 

25 activities under the grant program, grantees and 
138

•HR 3402 EH 

1 subgrantees may collaborate with and provide infor2 mation to Federal, State, local, tribal, and territorial 

3 public officials and agencies to develop and imple4 ment policies to reduce or eliminate domestic vio5 lence, dating violence, sexual assault, and stalking. 

6 ‘‘(3) NON-SUPPLANTATION.—Any Federal 

7 funds received under the grant program shall be 

8 used to supplement, not supplant, non-Federal funds 

9 that would otherwise be available for the activities 

10 carried out under the grant. 

11 ‘‘(4) USE OF FUNDS.—Funds authorized and 

12 appropriated under the grant program may be used 

13 only for the specific purposes described in the grant 

14 program and shall remain available until expended. 

15 ‘‘(5) EVALUATION.—Grantees must collect data 

16 for use to evaluate the effectiveness of the program 

17 (or for use to carry out related research), pursuant 

18 to the requirements described in paragraph (1)(D). 

19 ‘‘(6) PROHIBITION ON LOBBYING.—Any funds 

20 appropriated for the grant program shall be subject 

21 to the prohibition in section 1913 of title 18, United 

22 States Code, relating to lobbying with appropriated 

23 moneys. 

24 ‘‘(7) PROHIBITION ON TORT LITIGATION.—

25 Funds appropriated for the grant program may not 
139

•HR 3402 EH 

1 be used to fund civil representation in a lawsuit 

2 based on a tort claim. This paragraph shall not be 

3 construed as a prohibition on providing assistance to 

4 obtain restitution in a protection order or criminal 

5 case. 

6 ‘‘(b) VIOLENCE AGAINST WOMEN GRANT PRO7 GRAM.—In this section, the term ‘violence against women 

8 grant program’ means any grant program required by law 

9 to be carried out by or through the Violence Against 

10 Women Office.’’. 

11 TITLE V—ENHANCING JUDICIAL 

12 AND LAW ENFORCEMENT 

13 TOOLS TO COMBAT VIOLENCE 

14 SEC. 501. STOP GRANTS IMPROVEMENTS. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 1001(a)(18) of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is amended 

18 by striking ‘‘$185,000,000 for each of fiscal years 2001 

19 through 2005’’ and inserting ‘‘$215,000,000 for each of 

20 fiscal years 2006 through 2010’’. 

21 (b) PURPOSE AREA ENHANCEMENTS.—Section 

22 2001(b) of title I of the Omnibus Crime Control and Safe 

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

24 (1) by striking ‘‘, and specifically, for the pur25 poses of—’’ and inserting ‘‘, including collaborating 
140

•HR 3402 EH 

1 with and informing public officials and agencies in 

2 order to develop and implement policies to reduce or 

3 eliminate domestic violence, dating violence, sexual 

4 assault, and stalking, and specifically only for the 

5 purposes of—’’; 

6 (2) in paragraph (5), by inserting after ‘‘protec7 tion orders are granted,’’ the following: ‘‘supporting 

8 nonprofit nongovernmental victim services programs 

9 and tribal organizations in working with public offi10 cials and agencies to develop and implement policies, 

11 rules, and procedures in order to reduce or eliminate 

12 domestic violence, dating violence, sexual assault, 

13 and stalking,’’; 

14 (3) in paragraph (10), by striking ‘‘and’’ after 

15 the semicolon; and 

16 (4) by adding at the end the following: 

17 ‘‘(12) maintaining core victim services and 

18 criminal justice initiatives, while supporting com19 plementary new initiatives and emergency services 

20 for victims and their families; and 

21 ‘‘(13) supporting the placement of special vic22 tim assistants (to be known as ‘Jessica Gonzales 

23 Victim Assistants’) in local law enforcement agencies 

24 to serve as liaisons between victims of domestic vio25 lence, dating violence, sexual assault, and stalking 
141

•HR 3402 EH 

1 and personnel in local law enforcement agencies in 

2 order to improve the enforcement of protection or3 ders. Jessica Gonzales Victim Assistants shall have 

4 expertise in domestic violence, dating violence, sexual 

5 assault, or stalking and may undertake the following 

6 activities—

7 ‘‘(A) developing, in collaboration with pros8 ecutors, courts, and victim service providers, 

9 standardized response policies for local law en10 forcement agencies, including triage protocols to 

11 ensure that dangerous or potentially lethal 

12 cases are identified and prioritized; 

13 ‘‘(B) notifying persons seeking enforce14 ment of protection orders as to what responses 

15 will be provided by the relevant law enforcement 

16 agency; 

17 ‘‘(C) referring persons seeking enforcement 

18 of protection orders to supplementary services 

19 (such as emergency shelter programs, hotlines, 

20 or legal assistance services); and 

21 ‘‘(D) taking other appropriate action to as22 sist or secure the safety of the person seeking 

23 enforcement of a protection order.’’. 

24 (c) CLARIFICATION OF ACTIVITIES REGARDING UN25 DERSERVED POPULATIONS.—Section 2007 of the Omni-
142

•HR 3402 EH 

1 bus Crime Control and Safe Streets Act of 1968 (42 

2 U.S.C. 3796gg–1) is amended—

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

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

5 will address the needs of populations underserved 

6 because of geographic location, underserved racial 

7 and ethnic populations, populations underserved be8 cause of special needs (such as language barriers, 

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

10 population determined to be underserved by the At11 torney General’’; and 

12 (2) in subsection (e)(2), by striking subpara13 graph (D) and inserting the following: 

14 ‘‘(D) recognize and meaningfully respond 

15 to the needs of populations underserved because 

16 of geographic location, underserved racial and 

17 ethnic populations, populations underserved be18 cause of special needs (such as language bar19 riers, disabilities, alienage status, or age), and 

20 any other population determined to be under21 served by the Attorney General, and ensure 

22 that monies set aside to fund services and ac23 tivities for those populations are distributed eq24 uitably among those populations.’’. 
143

•HR 3402 EH 

1 (d) TRIBAL AND TERRITORIAL SETASIDES.—Section 

2 2007 of the Omnibus Crime Control and Safe Streets Act 

3 of 1968 (42 U.S.C. 3796gg–1), as amended by subsection 

4 (c), is further amended—

5 (1) in subsection (b)—

6 (A) in paragraph (1), by striking ‘‘5 per7 cent’’ and inserting ‘‘10 percent’’; 

(B) in paragraph (2), by striking ‘‘1 8 ⁄54’’ 

and inserting ‘‘1 9 ⁄56’’; 

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

11 coalition for the combined Territories of the 

12 United States, each receiving an amount equal 

to 1 13 ⁄54’’ and inserting ‘‘coalitions for Guam, 

14 American Samoa, the United States Virgin Is15 lands, and the Commonwealth of the Northern 

16 Mariana Islands, each receiving an amount 

equal to 1 17 ⁄56’’; 

(D) in paragraph (4), by striking ‘‘1 18 ⁄54’’ 

and inserting ‘‘1 19 ⁄56’’; 

20 (E) in paragraph (5), by striking ‘‘and’’ 

21 after the semicolon; 

22 (F) in paragraph (6), by striking the pe23 riod and inserting ‘‘; and’’; and 

24 (G) by adding at the end: 
144

•HR 3402 EH 

1 ‘‘(7) such funds shall remain available until ex2 pended.’’; 

3 (2) in subsection (c)(3)(B), by inserting after 

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

5 10 percent shall be distributed to culturally specific 

6 community-based organizations’’; and 

7 (3) in subsection (d)—

8 (A) in paragraph (2), by striking ‘‘and’’ 

9 after the semicolon; 

10 (B) in paragraph (3), by striking the pe11 riod and inserting ‘‘; and’’; and 

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

13 ‘‘(4) a memorandum of understanding showing 

14 that tribal, territorial, State, or local prosecution, 

15 law enforcement, and court and victim service pro16 vider subgrantees have consulted with tribal, terri17 torial, State, or local victim services programs dur18 ing the course of developing their grant applications 

19 in order to ensure that proposed services, activities 

20 and equipment acquisitions are designed to promote 

21 the safety, confidentiality, and economic independ22 ence of victims of domestic violence, sexual assault, 

23 stalking, and dating violence.’’. 

24 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

25 COLLECTION.—Section 2007 of the Omnibus Crime Con-
145

•HR 3402 EH 

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

2 1), as amended by this section, is further amended by add3 ing at the end the following: 

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

5 COLLECTION.—

6 ‘‘(1) IN GENERAL.—Of the total amounts ap7 propriated under this part, not less than 3 percent 

8 and up to 8 percent shall be available for providing 

9 training, technical assistance, and data collection re10 lating to the purpose areas of this part to improve 

11 the capacity of grantees, subgrantees, and other en12 tities to offer services and assistance to victims of 

13 domestic violence, sexual assault, stalking, and dat14 ing violence. 

15 ‘‘(2) INDIAN TRAINING.—The Director of the 

16 Violence Against Women Office shall ensure that 

17 training, technical assistance, and data collection re18 garding violence against Indian women will be devel19 oped and provided by entities having expertise in 

20 tribal law and culture. 

21 ‘‘(j) LIMITS ON INTERNET PUBLICATION OF REG22 ISTRATION INFORMATION.—As a condition of receiving 

23 grant amounts under this part, the recipient shall not 

24 make available publicly on the Internet any information 

25 regarding the registration or filing of a protection order, 
146

•HR 3402 EH 

1 restraining order, or injunction in either the issuing or en2 forcing State, tribal, or territorial jurisdiction, if such pub3 lication would be likely to publicly reveal the identity or 

4 location of the party protected under such order. A State, 

5 Indian tribe, or territory may share court-generated law 

6 enforcement generated information contained in secure, 

7 governmental registries for protection order enforcement 

8 purposes.’’. 

9 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

10 Section 2010 of the Omnibus Crime Control and Safe 

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

12 adding at the end the following: 

13 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov14 ernment may use Federal grant funds under this part to 

15 pay for forensic medical exams performed by trained ex16 aminers for victims of sexual assault, except that such 

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

18 by any State or Indian tribal government that requires 

19 victims of sexual assault to seek reimbursement for such 

20 exams from their insurance carriers. 

21 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to permit a State or Indian Tribal 

23 government to require a victim of sexual assault to partici24 pate in the criminal justice system or cooperate with law 

25 enforcement in order to be provided with a forensic med-
147

•HR 3402 EH 

1 ical exam, reimbursement for charges incurred on account 

2 of such an exam, or both.’’. 

3 (g) POLYGRAPH TESTING PROHIBITION.—(1) Part T 

4 of the Omnibus Crime Control and Safe Streets Act of 

5 1968 (42 U.S.C. 3796gg et seq.) is amended by adding 

6 at the end the following new section: 

7 ‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

8 ‘‘In order to be eligible for grants under this part, 

9 a State, Indian tribal government, or unit of local govern10 ment must certify within three years of enactment of the 

11 Violence Against Women Reauthorization Act of 2005 

12 must certify their laws, policies, or practices will ensure 

13 that no law enforcement officer, prosecuting officer, or 

14 other government official shall ask or require an adult, 

15 youth, or minor victim of a sex offense as defined under 

16 Federal, tribal, State, territorial or local law to submit to 

17 a polygraph examination or similar truth-telling device or 

18 method as a condition for proceeding with the investiga19 tion, charging or prosecution of such an offense. A victim’s 

20 refusal to submit to the aforementioned shall not prevent 

21 the investigation, charging or prosecution of the pending 

22 case.’’. 

23 (2) COMPLIANCE.—Section 2007(d) of the Omnibus 

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

25 3796gg-l(d)) is amended—
148

•HR 3402 EH 

1 (1) in paragraph (2) by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (3) by striking the period at 

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

5 (3) by inserting after paragraph (4) the fol6 lowing: 

7 ‘‘(4) proof of compliance with the requirements 

8 regarding polygraph testing provided in section 

9 2012.’’. 

10 (h) NO MATCHING REQUIREMENT.—Part T of the 

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

12 U.S.C. 3796gg et seq.) is further amended by adding at 

13 the end the following new section: 

14 ‘‘SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN 

15 GRANTEES. 

16 ‘‘No matching funds shall be required for a grant or 

17 subgrant made under this part, if made—

18 ‘‘(1) to a law enforcement agency having fewer 

19 than 20 officers; 

20 ‘‘(2) to a victim service provider having an an21 nual operating budget of less than $5,000,000; or 

22 ‘‘(3) to any entity that the Attorney General de23 termines has adequately demonstrated financial 

24 need.’’. 
149

•HR 3402 EH 

1 SEC. 502. GRANTS TO ENCOURAGE ARREST AND ENFORCE 

2 PROTECTION ORDERS IMPROVEMENTS. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

5 Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended 

6 by striking ‘‘$65,000,000 for each of fiscal years 2001 

7 through 2005.’’ and inserting ‘‘$65,000,000 for each of 

8 fiscal years 2006 through 2010. Funds appropriated 

9 under this paragraph shall remain available until ex10 pended.’’. 

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

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

13 U.S.C. 3796hh) is amended—

14 (1) in subsection (a), by striking ‘‘to treat do15 mestic violence as a serious violation’’ and inserting 

16 ‘‘to treat domestic violence, dating violence, sexual 

17 assault, and stalking as serious violations’’; 

18 (2) in subsection (b)—

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

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

21 territorial,’’; 

22 (B) in paragraph (1), by striking ‘‘manda23 tory arrest or’’; 

24 (C) in paragraph (2), by—
150

•HR 3402 EH 

1 (i) inserting after ‘‘educational pro2 grams,’’ the following: ‘‘protection order 

3 registries,’’; and 

4 (ii) striking ‘‘domestic violence and 

5 dating violence.’’ and inserting ‘‘domestic 

6 violence, dating violence, sexual assault, 

7 and stalking. Such policies, educational 

8 programs, registries, and training shall in9 corporate confidentiality and privacy pro10 tections for victims of domestic violence, 

11 dating violence, sexual assault, and stalk12 ing.’’; 

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 ‘‘domes21 tic violence and dating violence’’ and inserting 

22 ‘‘domestic violence, dating violence, sexual as23 sault, and stalking’’; 

24 (F) in paragraph (6), by—
151

•HR 3402 EH 

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 enhance and support the capacity of 

8 victims services programs to collaborate with and in9 form efforts by State and local jurisdictions and 

10 public officials and agencies to develop best practices 

11 and policies regarding arrest of domestic violence, 

12 dating violence, sexual assault, and stalking offend13 ers and to strengthen protection order enforcement 

14 and to reduce or eliminate domestic violence, dating 

15 violence, sexual assault, and stalking. 

16 ‘‘(10) To develop State, tribal, territorial, or 

17 local policies, procedures, and protocols for pre18 venting dual arrests and prosecutions in cases of do19 mestic violence, dating violence, sexual assault, and 

20 stalking and to develop effective methods for identi21 fying the pattern and history of abuse that indicates 

22 which party is the actual perpetrator of abuse. 

23 ‘‘(11) To plan, develop and establish com24 prehensive victim service and support centers, such 

25 as family justice centers, designed to bring together 
152

•HR 3402 EH 

1 victim advocates from non-profit, non-governmental 

2 victim services organizations, law enforcement offi3 cers, prosecutors, probation officers, governmental 

4 victim assistants, forensic medical professionals, civil 

5 legal attorneys, chaplains, legal advocates, represent6 atives from community-based organizations and 

7 other relevant public or private agencies or organiza8 tions into one centralized location, in order to im9 prove safety, access to services, and confidentiality 

10 for victims and families. Although funds may be 

11 used to support the co-location of project partners, 

12 funds may not support construction or major ren13 ovation expenses or activities that fall outside of the 

14 scope of the other statutory purpose areas. 

15 ‘‘(12) To develop and implement policies and 

16 training for police, prosecutors, probation and parole 

17 officers, and the judiciary in recognizing, inves18 tigating, and prosecuting instances of sexual assault, 

19 with an emphasis on recognizing the threat to the 

20 community for repeat crime perpetration by such in21 dividuals. 

22 ‘‘(13) To develop, to enhance, and to maintain 

23 protection order registries.’’; 

24 (3) in subsection (c)—
153

•HR 3402 EH 

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

2 after the semicolon; 

3 (B) in paragraph (4), by striking the pe4 riod and inserting ‘‘; and’’; and 

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

6 ‘‘(5) certify that within three years of enact7 ment of the Violence Against Women Reauthoriza8 tion Act of 2005 their laws, policies, or practices will 

9 ensure that—

10 ‘‘(A) no law enforcement officer, pros11 ecuting officer or other government official shall 

12 ask or require an adult, youth, or minor victim 

13 of a sex offense as defined under Federal, trib14 al, State, territorial, or local law to submit to 

15 a polygraph examination or other truth telling 

16 device as a condition for proceeding with the in17 vestigation, charging or prosecution of such an 

18 offense; and 

19 ‘‘(B) the refusal of a victim to submit to 

20 an examination described in subparagraph (A) 

21 shall not prevent the investigation, charging or 

22 prosecution of the offense.’’; and 

23 (4) by striking subsections (d) and (e) and in24 serting the following: 
154

•HR 3402 EH 

1 ‘‘(d) ALLOTMENT FOR INDIAN TRIBES.—Not less 

2 than 10 percent of the total amount made available for 

3 grants under this section for each fiscal year shall be avail4 able for grants to Indian tribal governments.’’. 

5 (c) APPLICATIONS.—Section 2102(b) of the Omnibus 

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

7 3796hh–1(b)) is amended in each of paragraphs (1) and 

8 (2) by inserting after ‘‘involving domestic violence’’ the fol9 lowing: ‘‘, dating violence, sexual assault, or stalking’’. 

10 (d) TRAINING, TECHNICAL ASSISTANCE, AND DATA

11 COLLECTION.—Part U of title I of the Omnibus Crime 

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

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

14 ‘‘SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA 

15 COLLECTION. 

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

17 not less than 5 percent and up to 8 percent shall be avail18 able for providing training, technical assistance, and data 

19 collection relating to the purpose areas of this part to im20 prove the capacity of grantees, subgrantees, and other en21 tities.’’. 

22 SEC. 503. LEGAL ASSISTANCE FOR VICTIMS IMPROVE23 MENTS. 

24 Section 1201 of the Violence Against Women Act of 

25 2000 (42 U.S.C. 3796gg–6) is amended—
155

•HR 3402 EH 

1 (1) in subsection (a), by—

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

3 following: ‘‘civil and criminal’’; 

4 (B) inserting after ‘‘effective aid to’’ the 

5 following: ‘‘adult, youth, and minor’’; and 

6 (C) striking ‘‘domestic violence, dating vio7 lence, stalking, or sexual assault’’ and inserting 

8 ‘‘domestic violence, dating violence, sexual as9 sault, or stalking’’; 

10 (2) in subsection (c), by striking ‘‘private non11 profit entities, Indian tribal governments,’’ and in12 serting ‘‘nonprofit, nongovernmental organizations, 

13 Indian tribal governments and tribal organizations, 

14 territorial organizations,’’; 

15 (3) in each of paragraphs (1), (2), and (3) of 

16 subsection (c), by striking ‘‘victims of domestic vio17 lence, stalking, and sexual assault’’ and inserting 

18 ‘‘victims of domestic violence, dating violence, sexual 

19 assault, and stalking’’; 

20 (4) in subsection (d)—

21 (A) in paragraph (1), by striking ‘‘domes22 tic violence, dating violence, or sexual assault’’ 

23 and inserting ‘‘domestic violence, dating vio24 lence, sexual assault, or stalking’’; and 
156

•HR 3402 EH 

1 (B) by striking paragraphs (2) and (3) and 

2 inserting the following: 

3 ‘‘(2) any training program conducted in satis4 faction of the requirement of paragraph (1) has been 

5 or will be developed with input from and in collabo6 ration with a tribal, State, territorial, or local do7 mestic violence, dating violence, sexual assault or 

8 stalking organization or coalition, as well as appro9 priate tribal, State, territorial, and local law enforce10 ment officials; 

11 ‘‘(3) any person or organization providing legal 

12 assistance through a program funded under sub13 section (c) has informed and will continue to inform 

14 tribal, State, territorial, or local domestic violence, 

15 dating violence, sexual assault or stalking organiza16 tions and coalitions, as well as appropriate tribal, 

17 State, territorial, and local law enforcement officials 

18 of their work; and’’; and 

19 (5) in subsection (f)—

20 (A) by striking paragraph (1) and insert21 ing the following: 

22 ‘‘(1) IN GENERAL.—There is authorized to be 

23 appropriated to carry out this section $55,000,000 

24 for each of fiscal years 2006 through 2010. Funds 

25 appropriated under this section shall remain avail-
157

•HR 3402 EH 

1 able until expended and may be used only for the 

2 specific programs and activities described in this sec3 tion. Funds appropriated under this section may not 

4 be used for advocacy.’’; and 

5 (B) in paragraph (2)—

6 (i) in subparagraph (A), by—

7 (I) striking ‘‘5 percent’’ and in8 serting ‘‘10 percent’’; 

9 (II) striking ‘‘programs’’ and in10 serting ‘‘tribal governments or tribal 

11 organizations’’; 

12 (III) inserting ‘‘adult, youth, and 

13 minor’’ after ‘‘that assist’’; and 

14 (IV) striking ‘‘domestic violence, 

15 dating violence, stalking, and sexual 

16 assault’’ and inserting ‘‘domestic vio17 lence, dating violence, sexual assault, 

18 and stalking’’; and 

19 (ii) in subparagraph (B), by striking 

20 ‘‘technical assistance to support projects 

21 focused solely or primarily on providing 

22 legal assistance to victims of sexual as23 sault’’ and inserting ‘‘technical assistance 

24 in civil and crime victim matters to adult, 
158

•HR 3402 EH 

1 youth, and minor victims of sexual as2 sault’’. 

3 SEC. 504. COURT TRAINING AND IMPROVEMENTS. 

4 The Violence Against Women Act of 1994 is amended 

5 by adding after subtitle I (42 U.S.C. 14042) the following: 

6 ‘‘Subtitle J—Violence Against 

7 Women Act Court Training and 

8 Improvements 

9 ‘‘SEC. 41001. SHORT TITLE. 

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

11 Women Act Court Training and Improvements Act of 

12 2005’. 

13 ‘‘SEC. 41002. GRANTS FOR COURT TRAINING AND IMPROVE14 MENTS. 

15 ‘‘(a) PURPOSE.—The purpose of this section is to en16 able the Attorney General, though the Director of the Of17 fice on Violence Against Women, to award grants to im18 prove court responses to adult, youth, and minor domestic 

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

20 be used for the following purposes—

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

22 functions, responses, practices, and procedures; 

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

24 personnel on issues relating to victims’ needs, in25 cluding safety, security, privacy, confidentiality and 
159

•HR 3402 EH 

1 economic independence, as well as information about 

2 perpetrator behavior and best practices for holding 

3 perpetrators accountable; 

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

5 State, and local public agencies and officials and 

6 nonprofit, non-governmental organizations to im7 prove implementation and enforcement of relevant 

8 Federal, State, tribal, territorial and local law; 

9 ‘‘(4) to enable 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 inter13 preter services and linguistically and culturally 

14 specific services, or a court system dedicated to 

15 the adjudication of domestic violence cases); 

16 ‘‘(B) community-based initiatives within 

17 the court system (such as court watch pro18 grams, victim advocates, or community-based 

19 supplementary services); 

20 ‘‘(C) offender management, monitoring, 

21 and accountability programs; 

22 ‘‘(D) safe and confidential information23 storage and -sharing databases within and be24 tween court systems; 
160

•HR 3402 EH 

1 ‘‘(E) education and outreach programs 

2 (such as interpreters) to improve community 

3 access, including enhanced access for popu4 lations underserved because of geographic loca5 tion, underserved racial and ethnic populations, 

6 populations underserved because of special 

7 needs (such as language barriers, disabilities, 

8 alienage status, or age), and any other popu9 lation determined to be underserved by the At10 torney General; and 

11 ‘‘(F) other projects likely to improve court 

12 responses to domestic violence, dating violence, 

13 sexual assault, and stalking; 

14 ‘‘(5) to provide training, technical assistance, 

15 and data collection to tribal, Federal, State, terri16 torial or local courts wishing to improve their prac17 tices and procedures or to develop new programs; 

18 and 

19 ‘‘(6) to provide training for specialized service 

20 providers, such as interpreters. 

21 ‘‘(b) GRANT REQUIREMENTS.—Grants awarded 

22 under this section shall be subject to the following condi23 tions: 

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

25 may include—
161

•HR 3402 EH 

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

2 local courts or court-based programs, provided 

3 that the court’s internal organizational policies, 

4 procedures, or rules do not require mediation or 

5 counseling between offenders and victims phys6 ically together in cases where domestic violence, 

7 dating violence, sexual assault, or stalking is an 

8 issue; and 

9 ‘‘(B) national, tribal, State, or local pri10 vate, nonprofit organizations with demonstrated 

11 expertise in developing and providing judicial 

12 education about domestic violence, dating vio13 lence, sexual assault, or stalking. 

14 ‘‘(2) CONDITIONS OF ELIGIBILITY FOR CERTAIN

15 GRANTS.—

16 ‘‘(A) COURT PROGRAMS.—To be eligible 

17 for a grant under subsection (a)(4), applicants 

18 shall certify in writing that any courts or court19 based personnel working directly with or mak20 ing decisions about adult, youth, or minor par21 ties experiencing domestic violence, dating vio22 lence, sexual assault, and stalking have com23 pleted or will complete education about domes24 tic violence, dating violence, sexual assault, and 

25 stalking. 
162

•HR 3402 EH 

1 ‘‘(B) EDUCATION PROGRAMS.—To be eligi2 ble for a grant under subsection (a)(2), appli3 cants shall certify in writing that any education 

4 program developed under subsection (a)(2) has 

5 been or will be developed with significant input 

6 from and in collaboration with a national, trib7 al, State, territorial, or local victim services pro8 vider or coalition. 

9 ‘‘(c) EVALUATION.—

10 ‘‘(1) IN GENERAL.—The Attorney General, 

11 through the Director of the Office on Violence 

12 Against Women, may evaluate the grants funded 

13 under this section. 

14 ‘‘(2) TRIBAL GRANTEES.—Evaluation of tribal 

15 grantees under this section shall be conducted by en16 tities with expertise in Federal Indian law and tribal 

17 court practice. 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

19 ‘‘(1) IN GENERAL.—There is authorized to be 

20 appropriated to carry out this section $4,000,000 for 

21 each of fiscal years 2006 to 2010. 

22 ‘‘(2) SET ASIDE.—Of the amounts made avail23 able under this section in each fiscal year, not less 

24 than 10 percent shall be used for grants to tribes. 
163

•HR 3402 EH 

1 ‘‘SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CUR2 RICULA. 

3 ‘‘(a) NATIONAL CURRICULA.—

4 ‘‘(1) IN GENERAL.—The Attorney General, 

5 through the Director of the Office on Violence 

6 Against Women, shall fund efforts to develop a na7 tional education curriculum for use by State and na8 tional judicial educators to ensure that all courts 

9 and court personnel have access to information 

10 about relevant Federal, State, territorial, or local 

11 law, promising practices, procedures, and policies re12 garding court responses to adult, youth, and minor 

13 domestic violence, dating violence, sexual assault, 

14 and stalking. 

15 ‘‘(2) ELIGIBLE ENTITIES.—Any curricula devel16 oped under this subsection—

17 ‘‘(A) shall be developed by an entity or en18 tities having demonstrated expertise in devel19 oping judicial education curricula on issues re20 lating to domestic violence, dating violence, sex21 ual assault, and stalking; or 

22 ‘‘(B) if the primary grantee does not have 

23 demonstrated expertise such issues, the cur24 ricula shall be developed by the primary grantee 

25 in partnership with an organization having such 

26 expertise. 
164

•HR 3402 EH 

1 ‘‘(b) TRIBAL CURRICULA.—

2 ‘‘(1) IN GENERAL.—The Attorney General, 

3 through the Office on Violence Against Women, 

4 shall fund efforts to develop education curricula for 

5 tribal court judges to ensure that all tribal courts 

6 have relevant information about promising practices, 

7 procedures, policies, and law regarding tribal court 

8 responses to adult, youth, and minor domestic vio9 lence, dating violence, sexual assault, and stalking. 

10 ‘‘(2) ELIGIBLE ENTITIES.—Any curricula devel11 oped under this subsection—

12 ‘‘(A) shall be developed by a tribal organi13 zation having demonstrated expertise in devel14 oping judicial education curricula on issues re15 lating to domestic violence, dating violence, sex16 ual assault, and stalking; and 

17 ‘‘(B) if the primary grantee does not have 

18 such expertise, the curricula shall be developed 

19 by the primary grantee through partnership 

20 with organizations having such expertise. 

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

22 ‘‘(1) IN GENERAL.—There is authorized to be 

23 appropriated to carry out this section $1,000,000 for 

24 each of fiscal years 2006 to 2010. 
165

•HR 3402 EH 

1 ‘‘(2) AVAILABILITY.—Funds appropriated 

2 under this section shall remain available until ex3 pended and may only be used for the specific pro4 grams and activities described in this section. 

5 ‘‘(3) SET ASIDE.—Of the amounts made avail6 able under this section in each fiscal year, not less 

7 than 10 percent shall be used for grants to tribes. 

8 ‘‘SEC. 41004. ACCESS TO JUSTICE FOR TEENS. 

9 ‘‘(a) PURPOSE.—It is the purpose of this section to 

10 encourage cross training and collaboration between the 

11 courts, domestic violence and sexual assault service pro12 viders, youth organizations and service providers, violence 

13 prevention programs, and law enforcement agencies, so 

14 that communities can establish and implement policies, 

15 procedures, and practices to protect and more comprehen16 sively and effectively serve youth victims of dating vio17 lence, domestic violence, sexual assault, and stalking be18 tween the ages of 12 and 24, and to engage, where nec19 essary, other entities addressing the safety, health, mental 

20 health, social service, housing, and economic needs of 

21 youth victims of domestic violence, dating violence, sexual 

22 assault, and stalking. 

23 ‘‘(b) GRANT AUTHORITY.—

24 ‘‘(1) IN GENERAL.—The Attorney General, 

25 through the Director of the Violence Against Women 
166

•HR 3402 EH 

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

2 shall make grants to eligible entities to enable enti3 ties to jointly carry out cross training and other col4 laborative initiatives that seek to carry out the pur5 poses of this section. Amounts appropriated under 

6 this section may only be used for programs and ac7 tivities described under subsection (c). 

8 ‘‘(2) GRANT PERIODS.—Grants shall be award9 ed under this section for a period of 3 fiscal years. 

10 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a 

11 grant under this section, a grant applicant shall es12 tablish a collaboration that shall include—

13 ‘‘(A) a Tribal, State, Territorial or local 

14 juvenile, family, civil, criminal or other trial 

15 court with jurisdiction over domestic violence, 

16 dating violence, sexual assault or stalking cases 

17 (hereinafter referred to as ‘courts’); and 

18 ‘‘(B) a victim service provider that has ex19 perience in working on domestic violence, dating 

20 violence, sexual assault, or stalking and the ef21 fect that those forms of abuse have on young 

22 people. 

23 ‘‘(c) USES OF FUNDS.—An entity that receives a 

24 grant under this section shall use the funds made available 
167

•HR 3402 EH 

1 through the grant for cross-training and collaborative ef2 forts to—

3 ‘‘(1) assess and analyze currently available serv4 ices for youth victims of domestic violence, dating vi5 olence, sexual assault, and stalking, determine rel6 evant barriers to such services in a particular local7 ity; 

8 ‘‘(2) establish and enhance linkages and col9 laboration between courts, domestic violence or sex10 ual assault service providers, and, where applicable, 

11 law enforcement agencies, and other entities ad12 dressing the safety, health, mental health, social 

13 service, housing, and economic needs of youth vic14 tims of domestic violence, dating violence, sexual as15 sault or stalking, including community-based sup16 ports such as schools, local health centers, commu17 nity action groups, and neighborhood coalitions to 

18 identify, assess, and respond appropriately to the 

19 varying needs of youth victims of dating violence, 

20 domestic violence, sexual assault or stalking; 

21 ‘‘(3) educate the staff of courts, domestic vio22 lence and sexual assault service providers, and, as 

23 applicable, the staff of law enforcement agencies, 

24 youth organizations, schools, healthcare providers 

25 and other community prevention and intervention 
168

•HR 3402 EH 

1 programs to responsibly address youth victims and 

2 perpetrators of domestic violence, dating violence, 

3 sexual assault and stalking, and to understand rel4 evant laws, court procedures and policies; and 

5 ‘‘(4) 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 youth victims are available. 

10 ‘‘(d) GRANT APPLICATIONS.—To be eligible for a 

11 grant under this section, the entities that are members 

12 of the applicant collaboration described in subsection 

13 (b)(3) shall jointly submit an application to the Director 

14 at such time, in such manner, and containing such infor15 mation as the 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 law enforce19 ment agencies and religious and community organizations 

20 and service providers that work primarily with youth, es21 pecially teens, and who have demonstrated a commitment 

22 to coalition building and cooperative problem solving in 

23 dealing with problems of dating violence, domestic vio24 lence, sexual assault, and stalking in teen populations. 
169

•HR 3402 EH 

1 ‘‘(f) DISTRIBUTION.—In awarding grants under this 

2 section—

3 ‘‘(1) not less than 10 percent of funds appro4 priated under this section in any year shall be avail5 able for grants to collaborations involving tribal 

6 courts, tribal coalitions, tribal organizations, or do7 mestic violence or sexual assault service providers 

8 the primary purpose of which is to provide culturally 

9 relevant services to American Indian or Alaska Na10 tive women or youth; 

11 ‘‘(2) the Attorney General shall not use more 

12 than 2.5 percent of funds appropriated under this 

13 section in any year for monitoring and evaluation of 

14 grants made available under this section; 

15 ‘‘(3) the Attorney General shall not use more 

16 than 2.5 percent of funds appropriated under this 

17 section in any year for administration of grants 

18 made available under this section; and 

19 ‘‘(4) up to 8 percent of funds appropriated 

20 under this section in any year shall be available to 

21 provide training, technical assistance, and data col22 lection for programs funded under this section. 

23 ‘‘(g) REPORTS.—

24 ‘‘(1) REPORTS.—Each of the entities that are 

25 members of the applicant collaboration described in 
170

•HR 3402 EH 

1 subsection (b)(3) and that receive a grant under this 

2 section shall jointly prepare and submit a report to 

3 the Attorney General detailing the activities that the 

4 entities have undertaken under the grant and such 

5 additional information as the Attorney General may 

6 require. Each such report shall contain information 

7 on the activities implemented by the recipients of the 

8 grants awarded under this section. 

9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section, 

11 $5,000,000 for each of fiscal years 2006 through 2010.’’. 

12 SEC. 505. FULL FAITH AND CREDIT IMPROVEMENTS. 

13 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

14 BY TERRITORIES.—Section 2265 of title 18, United 

15 States Code, is amended—

16 (1) by striking ‘‘State or Indian tribe’’ each 

17 place it appears and inserting ‘‘State, Indian tribe, 

18 or territory’’; 

19 (2) by striking ‘‘State or tribal’’ each place it 

20 appears and inserting ‘‘State, tribal, or territorial’’; 

21 and 

22 (3) in subsection (a) by striking ‘‘State or 

23 tribe’’ and inserting ‘‘State, Indian tribe, or terri24 tory’’. 
171

•HR 3402 EH 

1 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE2 MENT AUTHORITY AND RESPONSIBILITIES.—Section 

3 2265(a) of title 18, United States Code, is amended by 

4 striking ‘‘and enforced as if it were’’ and inserting ‘‘and 

5 enforced by the court and law enforcement personnel of 

6 the other State, Indian tribal government, or Territory as 

7 if it were’’. 

8 (c) PROTECTION ORDERS.—Sections 2265 and 2266 

9 of title 18, United States Code, are both amended by strik10 ing ‘‘protection order’’ each place it appears and inserting 

11 ‘‘protection order, restraining order, or injunction’’. 

12 (d) DEFINITIONS.—Section 2266 of title 18, United 

13 States Code, is amended by striking paragraph (5) and 

14 inserting the following: 

15 ‘‘(5) PROTECTION ORDER, RESTRAINING

16 ORDER, OR INJUNCTION.—The term ‘protection 

17 order, restraining order, or injunction’ includes—

18 ‘‘(A) any injunction or other order issued 

19 by a civil or criminal court for the purpose of 

20 preventing violent or threatening acts or har21 assment against, sexual violence, or contact or 

22 communication with or physical proximity to, 

23 another person, including any temporary or 

24 final order issued by a civil or criminal court 

25 whether obtained by filing an independent ac-
172

•HR 3402 EH 

1 tion or as a pendente lite order in another pro2 ceeding so long as any civil or criminal 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 injunction pursuant to State, tribal, terri10 torial, or local law authorizing the issuance of 

11 protection orders, restraining orders, or injunc12 tions for the protection of victims of domestic 

13 violence, sexual assault, dating violence, or 

14 stalking.’’. 

15 SEC. 506. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES16 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

17 VIOLENCE, AND STALKING. 

18 The Violence Against Women Act of 1994, as amend19 ed by this Act, is further amended by adding after subtitle 

20 J (as added by section 504) the following: 
173

•HR 3402 EH 

1 ‘‘Subtitle K—Privacy Protections 

2 for Victims of Domestic Vio3 lence, Dating Violence, Sexual 

4 Violence, and Stalking 

5 ‘‘SEC. 41101. TASK FORCE. 

6 ‘‘The Attorney General shall establish a task force 

7 to review and report on policies, procedures, and techno8 logical issues that may affect the privacy and confiden9 tiality of victims of domestic violence, dating violence, 

10 stalking and sexual assault. The Attorney General shall 

11 include representatives from States, tribes, territories, law 

12 enforcement, court personnel, and private nonprofit orga13 nizations whose mission is to help develop a best practices 

14 model to prevent personally identifying information of 

15 adult, youth, and minor victims of domestic violence, dat16 ing violence, stalking and sexual assault from being re17 leased to the detriment of such victimized persons. The 

18 Attorney General shall designate one staff member to 

19 work with the task force. The Attorney General is author20 ized to make grants to develop a demonstration project 

21 to implement the best practices identified by the Task 

22 Force. 
174

•HR 3402 EH 

1 ‘‘SEC. 41102. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There is authorized to be appro3 priated to carry out this subtitle $1,000,000 for each of 

4 fiscal years 2006 through 2010. 

5 ‘‘(b) AVAILABILITY.—Amounts appropriated under 

6 this section shall remain available until expended and may 

7 only be used for the specific programs and activities de8 scribed in this subtitle.’’. 

9 SEC. 507. STALKER DATABASE. 

10 Section 40603 of the Violence Against Women Act 

11 of 1994 (42 U.S.C. 14032) is amended—

12 (1) by striking ‘‘2001’’ and inserting ‘‘2006’’; 

13 and 

14 (2) by striking ‘‘2005’’ and inserting ‘‘2010’’. 

15 SEC. 508. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA. 

16 Section 40114 of the Violence Against Women Act 

17 of 1994 is amended to read as follows: 

18 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AS19 SISTANTS. 

20 ‘‘There are authorized to be appropriated to the At21 torney General for the purpose of appointing victim assist22 ants for the prosecution of sex crimes and domestic vio23 lence crimes where applicable (such as the District of Co24 lumbia), $1,000,000 for each of fiscal years 2006 through 

25 2010.’’. 
175

•HR 3402 EH 

1 SEC. 509. PREVENTING CYBERSTALKING. 

2 Section 2261A of title 18, United States Code, is 

3 amended—

4 (1) in paragaph (1)—

5 (A) by inserting after ‘‘intimidate’’ the fol6 lowing: ‘‘, or places under surveillance with the 

7 intent to kill, injure, haras, or intimidate,’’; and 

8 (B) by inserting after ‘‘or serious bodily in9 jury to,’’ the following: ‘‘or causes substantial 

10 emotional harm to,’’; 

11 (2) in paragraph (2)(A), by striking ‘‘to kill or 

12 injure’’ and inserting ‘‘to kill, injure, harass, or in13 timidate, or places under surveillance with the intent 

14 to kill, injure, harass, or intimidate, or to cause sub15 stantial emtional harm to,’’; and 

16 (3) in paragraph (2), in the matter following 

17 clause (iii) of subparagraph (B)—

18 (A) by inserting after ‘‘uses the mail’’ the 

19 following: ‘‘, any interactive computer service,’’; 

20 and 

21 (B) by inserting after ‘‘course of conduct 

22 that’’ the following: ‘‘causes substantial emo23 tional harm to that person or’’. 

24 SEC. 510. REPEAT OFFENDER PROVISION. 

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

26 amended by adding after section 2265 the following: 
176

•HR 3402 EH 

1 ‘‘§ 2265A. Repeat offender provision 

2 ‘‘The maximum term of imprisonment for a violation 

3 of this chapter after a prior interstate domestic violence 

4 offense (as defined in section 2261) or interstate violation 

5 of protection order (as defined in section 2262) or inter6 state stalking (as defined in sections 2261A(a) and 

7 2261A(b)) shall be twice the term otherwise provided for 

8 the violation.’’. 

9 SEC. 511. PROHIBITING DATING VIOLENCE. 

10 (a) OFFENSE.—Section 2261(a) of title 18, United 

11 States Code, is amended—

12 (1) in paragraph (1), by striking ‘‘or intimate 

13 partner’’ both places such term appears and insert14 ing ‘‘, intimate partner, or dating partner’’; and 

15 (2) in paragraph (2), by striking ‘‘or intimate 

16 partner’’ both places such term appears and insert17 ing ‘‘, intimate partner, or dating partner’’. 

18 (b) DEFINITION.—Section 2216 of title 18, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘(c) DEFINITION.—The term ‘dating partner’ refers 

22 to a person who is or has been in an ongoing relationship 

23 of a romantic or intimate nature with the abuser. Factors 

24 to consider in determining whether the relationship is or 

25 was ongoing include, but are not limited to, the length 
177

•HR 3402 EH 

1 of the relationship and the frequency of interaction be2 tween the persons involved in the relationship.’’. 

3 SEC. 512. GAO STUDY AND REPORT. 

4 (a) STUDY REQUIRED.—The Comptroller General 

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

6 women, youth, and children are victims of domestic vio7 lence, dating violence, sexual assault, and stalking and the 

8 availability to all victims of shelter, counseling, legal rep9 resentation, and other services commonly provided to vic10 tims of domestic violence. 

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

12 study, the following shall apply: 

13 (1) CRIME STATISTICS.—The Comptroller Gen14 eral shall not rely only on crime statistics, but may 

15 also use existing research available, including public 

16 health studies and academic studies. 

17 (2) SURVEY.—The Comptroller General shall 

18 survey the Department of Justice, as well as any re19 cipients of Federal funding for any purpose or an 

20 appropriate sampling of recipients, to determine—

21 (A) what services are provided to victims 

22 of domestic violence, dating violence, sexual as23 sault, and stalking; 
178

•HR 3402 EH 

1 (B) whether those services are made avail2 able to youth, child, female, and male victims; 

3 and 

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

5 receiving each available service. 

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

7 of the enactment of this Act, the Comptroller General shall 

8 submit to Congress a report on the activities carried out 

9 under this section. 

10 TITLE VI—IMPROVING SERVICES 

11 FOR VICTIMS OF DOMESTIC 

12 VIOLENCE, DATING VIO13 LENCE, SEXUAL ASSAULT, 

14 AND STALKING 

15 SEC. 601. TECHNICAL AMENDMENT TO VIOLENCE AGAINST 

16 WOMEN ACT. 

17 Section 2001 of the Omnibus Crime Control and Safe 

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

19 adding at the end the following: 

20 ‘‘(e) USE OF FUNDS.—Funds appropriated for 

21 grants under this part may be used only for the specific 

22 programs and activities expressly described in this part.’’.

23 SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM. 

24 Part T of the Omnibus Crime Control and Safe 

25 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amend-
179

•HR 3402 EH 

1 ed by adding after section 2013 (as added by section 501 

2 of this Act) the following: 

3 ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM. 

4 ‘‘(a) PURPOSE.—The purposes of this section are—

5 ‘‘(1) to assist States, Indian tribes, and terri6 tories in providing intervention, advocacy, accom7 paniment, support services, and related assistance 

8 for—

9 ‘‘(A) adult, youth, and minor victims of 

10 sexual assault; 

11 ‘‘(B) family and household members of 

12 such victims; and 

13 ‘‘(C) those collaterally affected by the vic14 timization except for the perpetrator of such 

15 victimization; 

16 ‘‘(2) to provide training and technical assist17 ance to, and to support data collection relating to 

18 sexual assault by—

19 ‘‘(A) Federal, State, tribal, territorial, and 

20 local governments, law enforcement agencies, 

21 and courts; 

22 ‘‘(B) professionals working in legal, social 

23 service, and health care settings; 

24 ‘‘(C) nonprofit organizations; 

25 ‘‘(D) faith-based organizations; and 
180

•HR 3402 EH 

1 ‘‘(E) other individuals and organizations 

2 seeking such assistance; and 

3 ‘‘(3) to enhance coordinated community re4 sponses to sexual assault. 

5 ‘‘(b) GRANTS TO STATES, TERRITORIES AND TRIBAL

6 ENTITIES.—

7 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

8 General shall award grants to States, territories and 

9 Indian tribes, tribal organizations, and non-profit 

10 tribal organizations within Indian country and Alas11 kan native villages for the establishment, mainte12 nance and expansion of rape crisis centers or other 

13 programs and projects to assist those victimized by 

14 sexual assault. 

15 ‘‘(2) SPECIAL EMPHASIS.—States, territories 

16 and tribal entities will give special emphasis to the 

17 support of community-based organizations with a 

18 demonstrated history of providing intervention and 

19 related assistance to victims of sexual assault and 

20 support coordinated community responses to sexual 

21 assault. 

22 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

23 ADDRESSING SEXUAL ASSAULT.—
181

•HR 3402 EH 

1 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

2 General shall award grants to any culturally specific 

3 community-based organization that—

4 ‘‘(A) is a private, nonprofit organization 

5 that focuses primarily on racial and ethnic com6 munities; 

7 ‘‘(B) must have documented organizational 

8 experience in the area of sexual assault inter9 vention or have entered into partnership with 

10 an organization having such expertise; 

11 ‘‘(C) has expertise in the development of 

12 community-based, linguistically and culturally 

13 specific outreach and intervention services rel14 evant for the specific racial and ethnic commu15 nities to whom assistance would be provided or 

16 have the capacity to link to existing services in 

17 the community tailored to the needs of racial 

18 and ethnic populations; and 

19 ‘‘(D) has an advisory board or steering 

20 committee and staffing which is reflective of the 

21 targeted racial and ethnic community. 

22 ‘‘(2) AWARD BASIS.—The Attorney General 

23 shall award grants under this subsection on a com24 petitive basis for a period of no less than 3 fiscal 

25 years. 
182

•HR 3402 EH 

1 ‘‘(d) SERVICES AUTHORIZED.—For grants under 

2 subsection (b) and (c) the following services and activities 

3 may include—

4 ‘‘(1) 24 hour hotline services providing crisis 

5 intervention services and referrals; 

6 ‘‘(2) accompaniment and advocacy through 

7 medical, criminal justice, and social support systems, 

8 including medical facilities, police, and court pro9 ceedings; 

10 ‘‘(3) crisis intervention, short-term individual 

11 and group support services, and comprehensive serv12 ice coordination, and supervision to assist sexual as13 sault victims and family or household members; 

14 ‘‘(4) support mechanisms that are culturally 

15 relevant to the community; 

16 ‘‘(5) information and referral to assist the sex17 ual assault victim and family or household members; 

18 ‘‘(6) community-based, linguistically and cul19 turally-specific services including outreach activities 

20 for racial and ethnic and other underserved popu21 lations and linkages to existing services in these pop22 ulations; 

23 ‘‘(7) collaborating with and informing public of24 ficials and agencies in order to develop and imple25 ment policies to reduce or eliminate sexual assault; 
183

•HR 3402 EH 

1 ‘‘(8) the development and distribution of edu2 cational materials on issues related to sexual assault 

3 and the services described in paragraphs (1) through 

4 (7); 

5 ‘‘(9) sexual assault forensic examinations per6 formed by specially trained examiners, including co7 ordination of examiners with other responders and 

8 testimony by examiners; and 

9 ‘‘(10) developing and enhancing coordinated 

10 community responses to sexual assault, including the 

11 development and enhancement of sexual assault re12 sponse teams. 

13 ‘‘(e) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

14 SEXUAL ASSAULT COALITIONS.—

15 ‘‘(1) GRANTS AUTHORIZED.—

16 ‘‘(A) IN GENERAL.—The Attorney General 

17 shall award grants to State, territorial and trib18 al sexual assault coalitions to assist in sup19 porting the establishment, maintenance and ex20 pansion of such coalitions as determined by the 

21 National Center for Injury Prevention and Con22 trol Office in collaboration with the Violence 

23 Against Women Office of the Department of 

24 Justice. 
184

•HR 3402 EH 

1 ‘‘(B) FIRST-TIME APPLICANTS.—No entity 

2 shall be prohibited from submitting an applica3 tion under this subsection because such entity 

4 has not previously applied or received funding 

5 under this subsection. 

6 ‘‘(f) COALITION ACTIVITIES AUTHORIZED.—Grant 

7 funds received under subsection (e) may be used to—

8 ‘‘(1) work with local sexual assault programs 

9 and other providers of direct services to encourage 

10 appropriate responses to sexual assault within the 

11 State, territory, or Indian tribe; 

12 ‘‘(2) work with judicial and law enforcement 

13 agencies to encourage appropriate responses to sex14 ual assault cases; 

15 ‘‘(3) work with courts, child protective services 

16 agencies, and children’s advocates to develop appro17 priate responses to child custody and visitation 

18 issues when sexual assault has been determined to 

19 be a factor; 

20 ‘‘(4) design and conduct public education cam21 paigns; 

22 ‘‘(5) plan and monitor the distribution and use 

23 of grants and grant funds to their State, territory, 

24 or Indian tribe; and 
185

•HR 3402 EH 

1 ‘‘(6) collaborate with and inform Federal, State, 

2 Tribal, or local public officials and agencies to de3 velop and implement policies to reduce or eliminate 

4 sexual assault. 

5 ‘‘(g) APPLICATION.—

6 ‘‘(1) Each eligible entity desiring a grant under 

7 subsections (c) and (e) shall submit an application 

8 to the Attorney General at such time, in such man9 ner and containing such information as the Attorney 

10 General determines to be essential to carry out the 

11 purposes of this section. 

12 ‘‘(2) Each eligible entity desiring a grant under 

13 subsection (b) shall include—

14 ‘‘(A) demonstration of meaningful involve15 ment of the State or territorial coalitions, or 

16 Tribal coalition, where applicable, in the devel17 opment of the application and implementation 

18 of the plans; 

19 ‘‘(B) a plan for an equitable distribution of 

20 grants and grant funds within the State, terri21 tory or tribal area and between urban and rural 

22 areas within such State or territory; 

23 ‘‘(C) the State, territorial or Tribal entity 

24 that is responsible for the administration of 

25 grants; and 
186

•HR 3402 EH 

1 ‘‘(D) any other information the Attorney 

2 General reasonably determines to be necessary 

3 to carry out the purposes and provisions of this 

4 section. 

5 ‘‘(h) REPORTING.—

6 ‘‘(1) Each entity receiving a grant under sub7 section (b), (c) and (e) shall submit a report to the 

8 Attorney General that describes the activities carried 

9 out with such grant funds. 

10 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—

11 ‘‘(1) IN GENERAL.—There is authorized to be 

12 appropriated $55,000,000 for each of the fiscal 

13 years 2006 through 2010 to carry out this section. 

14 Any amounts so appropriated shall remain available 

15 until expended. 

16 ‘‘(2) ALLOCATIONS.—Of the total amount ap17 propriated for each fiscal year to carry out this sec18 tion—

19 ‘‘(A) not more than 2.5 percent shall be 

20 used by the Attorney General for evaluation, 

21 monitoring and administrative costs under this 

22 section; 

23 ‘‘(B) not more than 2.5 percent shall be 

24 used for the provision of technical assistance to 

25 grantees and subgrantees under this section, ex-
187

•HR 3402 EH 

1 cept that in subsection (c) up to 5 percent of 

2 funds appropriated under that subsection may 

3 be available for technical assistance to be pro4 vided by a national organization or organiza5 tions whose primary purpose and expertise is in 

6 sexual assault within racial and ethnic commu7 nities; 

8 ‘‘(C) not less than 75 percent shall be used 

9 for making grants to states and territories and 

10 tribal entities under subsection (b) of which not 

11 less than 10 percent of this amount shall be al12 located for grants to tribal entities. State, terri13 torial and tribal governmental agencies shall 

14 use no more than 5 percent for administrative 

15 costs; 

16 ‘‘(D) not less than 10 percent shall be used 

17 for grants for culturally specific programs ad18 dressing sexual assault under subsection (c); 

19 and 

20 ‘‘(E) not less than 10 percent shall be used 

21 for making grants to state, territorial and tribal 

22 coalitions under subsection (e) of which not less 

23 than 10 percent shall be allocated for grants to 

24 tribal coalitions. 
188

•HR 3402 EH 

1 The remaining funds shall be available for grants to 

2 State and territorial coalitions, and the Attorney 

General shall allocate an amount equal to 1 3 ⁄56 of the 

4 amounts so appropriated to each of the several 

5 States, the District of Columbia, and the territories. 

6 ‘‘(3) MINIMUM AMOUNT.—Of the amount ap7 propriated under section (i)(2)(C), the Attorney 

8 General, not including the set aside for tribal enti9 ties, shall allocate not less than 1.50 percent to each 

10 State and not less than 0.125 percent to each of the 

11 territories. The remaining funds shall be allotted to 

12 each State and each territory in an amount that 

13 bears the same ratio to such remaining funds as the 

14 population of such State bears to the population of 

15 the combined States, or for territories, the popu16 lation of the combined territories.’’. 

17 SEC. 603. AMENDMENTS TO THE RURAL DOMESTIC VIO18 LENCE AND CHILD ABUSE ENFORCEMENT AS19 SISTANCE PROGRAM. 

20 Section 40295 of the Violence Against Women Act 

21 of 1994 (42 U.S.C. 13971) is amended to read as follows: 

22 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO23 LENCE, SEXUAL ASSAULT, STALKING, AND 

24 CHILD ABUSE ENFORCEMENT ASSISTANCE. 

25 ‘‘(a) PURPOSES.—The purposes of this section are—
189

•HR 3402 EH 

1 ‘‘(1) to identify, assess, and appropriately re2 spond to adult, youth, and minor domestic violence, 

3 sexual assault, dating violence, and stalking in rural 

4 communities, by encouraging collaboration among—

5 ‘‘(A) domestic violence, dating violence, 

6 sexual assault, and stalking victim service pro7 viders; 

8 ‘‘(B) law enforcement agencies; 

9 ‘‘(C) prosecutors; 

10 ‘‘(D) courts; 

11 ‘‘(E) other criminal justice service pro12 viders; 

13 ‘‘(F) human and community service pro14 viders; 

15 ‘‘(G) educational institutions; and 

16 ‘‘(H) health care providers; 

17 ‘‘(2) to establish and expand nonprofit, non18 governmental, State, tribal, and local government 

19 services in rural communities to adult, youth, and 

20 minor victims; and 

21 ‘‘(3) to increase the safety and well-being of 

22 women and children in rural communities, by—

23 ‘‘(A) dealing directly and immediately with 

24 domestic violence, sexual assault, dating vio-
190

•HR 3402 EH 

1 lence, and stalking occurring in rural commu2 nities; and 

3 ‘‘(B) creating and implementing strategies 

4 to increase awareness and prevent domestic vio5 lence, sexual assault, dating violence, and stalk6 ing. 

7 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General, 

8 acting through the Director of the Office on Violence 

9 Against Women (referred to in this section as the ‘Direc10 tor’), may award 3-year grants, with a possible extension 

11 for an additional 3 years, to States, Indian tribes, local 

12 governments, and nonprofit, public or private entities, in13 cluding tribal nonprofit organizations, to carry out pro14 grams serving rural areas or rural communities (including 

15 rural areas or rural communities in United States Terri16 tories) that address domestic violence, dating violence, sex17 ual assault, and stalking by—

18 ‘‘(1) implementing, expanding, and establishing 

19 cooperative efforts and projects among law enforce20 ment officers, prosecutors, victim advocacy groups, 

21 and other related parties to investigate and pros22 ecute incidents of domestic violence, dating violence, 

23 sexual assault, and stalking; 

24 ‘‘(2) providing treatment, counseling, and other 

25 long- and short-term assistance to adult, youth, and 
191

•HR 3402 EH 

1 minor victims of domestic violence, dating violence, 

2 sexual assault, and stalking in rural communities; 

3 and 

4 ‘‘(3) working in cooperation with the commu5 nity to develop education and prevention strategies 

6 directed toward such issues. 

7 ‘‘(c) USE OF FUNDS.—Funds appropriated pursuant 

8 to this section shall be used only for specific programs and 

9 activities expressly described in subsection (a). 

10 ‘‘(d) ALLOTMENTS AND PRIORITIES.—

11 ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not 

12 less than 10 percent of the total amount made avail13 able for each fiscal year to carry out this section 

14 shall be allocated for grants to Indian tribes or trib15 al organizations. 

16 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT SERV17 ICES.—

18 ‘‘(A) IN GENERAL.—Not less than 25 per19 cent of the total amount made available for 

20 each fiscal year to carry out this section shall 

21 be allocated for grants that meaningfully ad22 dress sexual assault in rural communities, ex23 cept as provided in subparagraph (B). 

24 ‘‘(B) ESCALATION.—The percentage re25 quired by subparagraph (A) shall be—
192

•HR 3402 EH 

1 ‘‘(i) 30 percent, for any fiscal year for 

2 which $45,000,000 or more is made avail3 able to carry out this section; 

4 ‘‘(ii) 35 percent, for any fiscal year 

5 for which $50,000,000 or more is made 

6 available to carry out this section; or 

7 ‘‘(iii) 40 percent, for any fiscal year 

8 for which $55,000,000 or more is made 

9 available to carry out this section. 

10 ‘‘(C) SAVINGS CLAUSE.—Nothing in this 

11 paragraph shall prohibit an applicant from ap12 plying for funding to address domestic violence, 

13 dating violence, sexual assault, or stalking, sep14 arately or in combination, in the same applica15 tion. 

16 ‘‘(D) REPORT TO CONGRESS.—The Attor17 ney General shall, on an annual basis, submit 

18 to Congress a report on the effectiveness of the 

19 set-aside for sexual assault services. The report 

20 shall include any recommendations of the Attor21 ney General with respect to the rural grant pro22 gram. 

23 ‘‘(3) ALLOTMENT FOR TRAINING, TECHNICAL

24 ASSISTANCE, AND DATA COLLECTION.—Of the 

25 amounts appropriated for each fiscal year to carry 
193

•HR 3402 EH 

1 out this section, not more than 8 percent may be 

2 used by the Director for training, technical assist3 ance, and data collection costs. Of the amounts so 

4 used, not less than 25 percent shall be available to 

5 nonprofit, nongovernmental organizations whose 

6 focus and expertise is in addressing sexual assault to 

7 provide training, technical assistance, and data col8 lection with respect to sexual assault grantees. 

9 ‘‘(4) UNDERSERVED POPULATIONS.—In award10 ing grants under this section, the Director shall give 

11 priority to the needs of populations underserved be12 cause of geographic location, underserved racial and 

13 ethnic populations, populations underserved because 

14 of special needs (such as language barriers, disabil15 ities, alienage status, or age), and any other popu16 lation determined to be underserved by the Attorney 

17 General. 

18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

19 ‘‘(1) IN GENERAL.—There are authorized to be 

20 appropriated $50,000,000 for each of the fiscal 

21 years 2006 through 2010 to carry out this section. 

22 ‘‘(2) ADDITIONAL FUNDING.—In addition to 

23 funds received through a grant under subsection (b), 

24 a law enforcement agency may use funds received 

25 through a grant under part Q of title I of the Omni-
194

•HR 3402 EH 

1 bus Crime Control and Safe Streets Act of 1968 (42 

2 U.S.C. 3796dd et seq.) to accomplish the objectives 

3 of this section.’’. 

4 SEC. 604. ASSISTANCE FOR VICTIMS OF ABUSE. 

5 Part T of the Omnibus Crime Control and Safe 

6 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amend7 ed by adding after section 2014 (as added by section 602 

8 of this Act) the following: 

9 ‘‘SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE. 

10 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

11 may award grants to appropriate entities—

12 ‘‘(1) to provide services for victims of domestic 

13 violence, abuse by caregivers, and sexual assault who 

14 are 50 years of age or older; 

15 ‘‘(2) to improve the physical accessibility of ex16 isting buildings in which services are or will be ren17 dered for victims of domestic violence and sexual as18 sault who are 50 years of age or older; 

19 ‘‘(3) to provide training, consultation, and in20 formation on abuse by caregivers, domestic violence, 

21 dating violence, stalking, and sexual assault against 

22 individuals with disabilities (as defined in section 3 

23 of the Americans with Disabilities Act of 1990 (42 

24 U.S.C. 12102)), and to enhance direct services to 

25 such individuals; 
195

•HR 3402 EH 

1 ‘‘(4) for training programs to assist law en2 forcement officers, prosecutors, governmental agen3 cies, victim assistants, and relevant officers of Fed4 eral, State, tribal, territorial, and local courts in rec5 ognizing, addressing, investigating, and prosecuting 

6 instances of adult, youth, or minor domestic vio7 lence, dating violence, sexual assault, stalking, elder 

8 abuse, and violence against individuals with disabil9 ities, including domestic violence and sexual assault, 

10 against older or disabled individuals; and 

11 ‘‘(5) for multidisciplinary collaborative commu12 nity responses to victims. 

13 ‘‘(b) USE OF FUNDS.—Grant funds under this sec14 tion may be used—

15 ‘‘(1) to implement or expand programs or serv16 ices to respond to the needs of persons 50 years of 

17 age or older who are victims of domestic violence, 

18 dating violence, sexual assault, stalking, or elder 

19 abuse; 

20 ‘‘(2) to provide personnel, training, technical 

21 assistance, data collection, advocacy, intervention, 

22 risk reduction and prevention of domestic violence, 

23 dating violence, stalking, and sexual assault against 

24 disabled individuals; 
196

•HR 3402 EH 

1 ‘‘(3) to conduct outreach activities to ensure 

2 that disabled individuals who are victims of domestic 

3 violence, dating violence, stalking, or sexual assault 

4 receive appropriate assistance; 

5 ‘‘(4) to conduct cross-training for victim service 

6 organizations, governmental agencies, and nonprofit, 

7 nongovernmental organizations serving individuals 

8 with disabilities; about risk reduction, intervention, 

9 prevention and the nature of dynamic of domestic vi10 olence, dating violence, stalking, and sexual assault 

11 for disabled individuals; 

12 ‘‘(5) to provide training, technical assistance, 

13 and data collection to assist with modifications to 

14 existing policies, protocols, and procedures to ensure 

15 equal access to the services, programs, and activities 

16 of victim service organizations for disabled individ17 uals; 

18 ‘‘(6) to provide training, technical assistance, 

19 and data collection on the requirements of shelters 

20 and victim services organizations under Federal 

21 antidiscrimination laws, including—

22 ‘‘(A) the Americans with Disabilities Act of 

23 1990; and 

24 ‘‘(B) section 504 of the Rehabilitation Act 

25 of 1973; 
197

•HR 3402 EH 

1 ‘‘(7) to purchase equipment, and provide per2 sonnel so that shelters and victim service organiza3 tions can accommodate the needs of disabled individ4 uals; 

5 ‘‘(8) to provide advocacy and intervention serv6 ices for disabled individuals who are victims of do7 mestic violence, dating violence, stalking, or sexual 

8 assault through collaborative partnerships between—

9 ‘‘(A) nonprofit, nongovernmental agencies; 

10 ‘‘(B) governmental agencies serving indi11 viduals with disabilities; and 

12 ‘‘(C) victim service organizations; or 

13 ‘‘(9) to develop model programs providing advo14 cacy and intervention services within organizations 

15 serving disabled individuals who are victims of do16 mestic violence, dating violence, sexual assault, or 

17 stalking. 

18 ‘‘(c) ELIGIBLE ENTITIES.—

19 ‘‘(1) IN GENERAL.—An entity shall be eligible 

20 to receive a grant under this section if the entity 

21 is—

22 ‘‘(A) a State; 

23 ‘‘(B) a unit of local government; 

24 ‘‘(C) a nonprofit, nongovernmental organi25 zation such as a victim services organization, an 
198

•HR 3402 EH 

1 organization serving individuals with disabilities 

2 or a community-based organization; and 

3 ‘‘(D) a religious organization. 

4 ‘‘(2) LIMITATION.—A grant awarded for the 

5 purposes described in subsection (b)(9) shall be 

6 awarded only to an eligible agency (as defined in 

7 section 410 of the Rehabilitation Act of 1973 (29 

8 U.S.C. 796f–5)). 

9 ‘‘(d) APPLICATION.—An eligible entity desiring a 

10 grant under this section shall submit an application to the 

11 Attorney General at such time, in such manner, and con12 taining such information as the Attorney General may re13 quire. 

14 ‘‘(e) REPORTING.—Not later than 1 year after the 

15 last day of the first fiscal year commencing on or after 

16 the date of enactment of this Act, and not later than 180 

17 days after the last day of each fiscal year thereafter, the 

18 Attorney General shall submit to Congress a report evalu19 ating the effectiveness of programs administered and oper20 ated pursuant to this section. 

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $20,500,000 for each 

23 of the fiscal years 2006 through 2010 to carry out this 

24 section.’’. 
199

•HR 3402 EH 

1 SEC. 605. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE 

2 HOTLINE. 

3 (a) STUDY REQUIRED.—Not later than 6 months 

4 after the date of enactment of this Act, the Comptroller 

5 General shall conduct a study of the National Domestic 

6 Violence Hotline to determine the effectiveness of the Hot7 line in assisting victims of domestic violence. 

8 (b) ISSUES TO BE STUDIED.—In conducting the 

9 study under subsection (a), the Comptroller General 

10 shall—

11 (1) compile statistical and substantive informa12 tion about calls received by the Hotline since its in13 ception, or a representative sample of such calls, 

14 while maintaining the confidentiality of Hotline call15 ers; 

16 (2) interpret the data compiled under para17 graph (1)—

18 (A) to determine the trends, gaps in serv19 ices, and geographical areas of need; and 

20 (B) to assess the trends and gaps in serv21 ices to underserved populations and the military 

22 community; and 

23 (3) gather other important information about 

24 domestic violence. 
200

•HR 3402 EH 

1 (c) REPORT.—Not later than 3 years after the date 

2 of enactment of this Act, the Comptroller General shall 

3 submit to Congress a report on the results of the study. 

4 SEC. 606. GRANTS FOR OUTREACH TO UNDERSERVED POP5 ULATIONS. 

6 (a) GRANTS AUTHORIZED.—

7 (1) IN GENERAL.—From amounts made avail8 able to carry out this section, the Attorney General, 

9 acting through the Director of the Office on Violence 

10 Against Women, shall award grants to eligible enti11 ties described in subsection (b) to carry out local, re12 gional, or national public information campaigns fo13 cused on addressing adult, youth, or minor domestic 

14 violence, dating violence, sexual assault, stalking, or 

15 trafficking within tribal, racial, and ethnic popu16 lations and immigrant communities, including infor17 mation on services available to victims and ways to 

18 prevent or reduce domestic violence, dating violence, 

19 sexual assault, and stalking. 

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

21 grants under this section for a period of 1 fiscal 

22 year. 

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

24 section are—
201

•HR 3402 EH 

1 (1) nonprofit, nongovernmental organizations or 

2 coalitions that represent the targeted tribal, racial, 

3 and ethnic populations or immigrant community 

4 that—

5 (A) have a documented history of creating 

6 and administering effective public awareness 

7 campaigns addressing domestic violence, dating 

8 violence, sexual assault, and stalking; or 

9 (B) work in partnership with an organiza10 tion that has a documented history of creating 

11 and administering effective public awareness 

12 campaigns addressing domestic violence, dating 

13 violence, sexual assault, and stalking; or 

14 (2) a governmental entity that demonstrates a 

15 partnership with organizations described in para16 graph (1). 

17 (c) ALLOCATION OF FUNDS.—Of the amounts appro18 priated for grants under this section—

19 (1) not more than 20 percent shall be used for 

20 national model campaign materials targeted to spe21 cific tribal, racial, or ethnic populations or immi22 grant community, including American Indian tribes 

23 and Alaskan native villages for the purposes of re24 search, testing, message development, and prepara25 tion of materials; and 
202

•HR 3402 EH 

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

2 10 State, regional, territorial, tribal, or local cam3 paigns targeting specific communities with informa4 tion and materials developed through the national 

5 campaign or, if appropriate, new materials to reach 

6 an underserved population or a particularly isolated 

7 community. 

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

9 section shall be used to conduct a public information cam10 paign and build the capacity and develop leadership of ra11 cial, ethnic populations, or immigrant community mem12 bers to address domestic violence, dating violence, sexual 

13 assault, and stalking. 

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

15 under this section shall submit an application to the Direc16 tor of the Violence Against Women Office at such time, 

17 in such form, and in such manner as the Director may 

18 prescribe. 

19 (f) CRITERIA.—In awarding grants under this sec20 tion, the Attorney General shall ensure—

21 (1) reasonable distribution among eligible 

22 grantees representing various racial, ethnic, and im23 migrant communities; 

24 (2) reasonable distribution among State, re25 gional, territorial, tribal, and local campaigns; and 
203

•HR 3402 EH 

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

2 amount appropriated under this section for each fis3 cal year is set aside for training, technical assist4 ance, and data collection. 

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

6 under this section shall submit to the Director of the Vio7 lence Against Women Office, every 18 months, a report 

8 that describes the activities carried out with grant funds. 

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 $2,000,000 for each of fiscal years 2006 through 2010. 

12 TITLE VII—SERVICES, PROTEC13 TION, AND JUSTICE FOR 

14 YOUNG VICTIMS OF VIO15 LENCE 

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

17 VIOLENCE. 

18 The Violence Against Women Act of 1994 is amended 

19 by adding after subtitle K (as added by section 506) the 

20 following: 
204

•HR 3402 EH 

1 ‘‘Subtitle L—Services, Education, 

2 Protection and Justice for 

3 Young Victims of Violence 

4 ‘‘SEC. 41201. GRANTS FOR TRAINING AND COLLABORATION 

5 ON THE INTERSECTION BETWEEN DOMESTIC 

6 VIOLENCE AND CHILD MALTREATMENT. 

7 ‘‘(a) PURPOSE.—The purpose of this section is to 

8 support efforts by domestic violence or dating violence vic9 tim services providers, courts, law enforcement, child wel10 fare agencies, and other related professionals and commu11 nity organizations to develop collaborative responses and 

12 services and provide cross-training to enhance community 

13 responses to families where there is both child maltreat14 ment and domestic violence. 

15 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General, 

16 through the Violence Against Women Office, shall award 

17 grants on a competitive basis to eligible entities for the 

18 purposes and in the manner described in this section. 

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

20 are authorized to be appropriated to carry out this section 

21 $8,000,000 for each of fiscal years 2006 through 2010. 

22 Funds appropriated under this section shall remain avail23 able until expended. Of the amounts appropriated to carry 

24 out this section for each fiscal year, the Attorney General 

25 shall—
205

•HR 3402 EH 

1 ‘‘(1) use not more than 3 percent for evalua2 tion, monitoring, site visits, grantee conferences, and 

3 other administrative costs associated with con4 ducting activities under this section; 

5 ‘‘(2) set aside not more than 10 percent for 

6 grants to programs addressing child maltreatment 

7 and domestic violence or dating violence that are op8 erated by, or in partnership with, a tribal organiza9 tion; and 

10 ‘‘(3) set aside up to 8 percent for training and 

11 technical assistance, to be provided—

12 ‘‘(A) to organizations that are establishing 

13 or have established collaborative responses and 

14 services; and 

15 ‘‘(B) by organizations having demonstrated 

16 expertise in developing collaborative community 

17 and system responses to families in which there 

18 is both child maltreatment and domestic vio19 lence or dating violence, whether or not they 

20 are receiving funds under this section. 

21 ‘‘(d) UNDERSERVED POPULATIONS.—In awarding 

22 grants under this section, the Attorney General shall con23 sider the needs of populations underserved because of geo24 graphic location, underserved racial and ethnic popu25 lations, populations underserved because of special needs 
206

•HR 3402 EH 

1 (such as language barriers, disabilities, alienage status, or 

2 age), and any other population determined to be under3 served by the Attorney General. 

4 ‘‘(e) GRANT AWARDS.—The Attorney General shall 

5 award grants under this section for periods of not more 

6 than 3 fiscal years. 

7 ‘‘(f) USES OF FUNDS.—Entities receiving grants 

8 under this section shall use amounts provided to develop 

9 collaborative responses and services and provide cross10 training to enhance community responses to families 

11 where there is both child maltreatment and domestic vio12 lence or dating violence. Amounts distributed under this 

13 section may only be used for programs and activities de14 scribed in subsection (g). 

15 ‘‘(g) PROGRAMS AND ACTIVITIES.—The programs 

16 and activities developed under this section shall—

17 ‘‘(1) encourage cross training, education, serv18 ice development, and collaboration among child wel19 fare agencies, domestic violence victim service pro20 viders, and courts, law enforcement agencies, com21 munity-based programs, and other entities, in order 

22 to ensure that such entities have the capacity to and 

23 will identify, assess, and respond appropriately to—
207

•HR 3402 EH 

1 ‘‘(A) domestic violence or dating violence 

2 in homes where children are present and may 

3 be exposed to the violence; 

4 ‘‘(B) domestic violence or dating violence 

5 in child protection cases; and 

6 ‘‘(C) the needs of both the child and non7 abusing parent; 

8 ‘‘(2) establish and implement policies, proce9 dures, programs, and practices for child welfare 

10 agencies, domestic violence victim service providers, 

11 courts, law enforcement agencies, and other entities, 

12 that are consistent with the principles of protecting 

13 and increasing the immediate and long-term safety 

14 and well being of children and non-abusing parents 

15 and caretakers by—

16 ‘‘(A) increasing the safety, autonomy, ca17 pacity, and financial security of non-abusing 

18 parents or caretakers, including developing 

19 service plans and utilizing community-based 

20 services that provide resources and support to 

21 non-abusing parents; 

22 ‘‘(B) protecting the safety, security, and 

23 well-being of children by preventing their un24 necessary removal from a non-abusing parent, 

25 or, in cases where removal of the child is nec-
208

•HR 3402 EH 

1 essary to protect the child’s safety, taking the 

2 necessary steps to provide appropriate and com3 munity-based services to the child and the non4 abusing parent to promote the safe and appro5 priately prompt reunification of the child with 

6 the non-abusing parent; 

7 ‘‘(C) recognizing the relationship between 

8 child maltreatment and domestic violence or 

9 dating violence in a family, as well as the im10 pact of and danger posed by the perpetrators’ 

11 behavior on adult, youth, and minor victims; 

12 and 

13 ‘‘(D) holding adult, youth, and minor per14 petrators of domestic violence or dating vio15 lence, not adult, youth, and minor victims of 

16 abuse or neglect, accountable for stopping the 

17 perpetrators’ abusive behaviors, including the 

18 development of separate service plans, court fil19 ings, or community-based interventions where 

20 appropriate; 

21 ‘‘(3) increase cooperation and enhance linkages 

22 between child welfare agencies, domestic violence vic23 tim service providers, courts (including family, crimi24 nal, juvenile courts, or tribal courts), law enforce25 ment agencies, and other entities to provide more 
209

•HR 3402 EH 

1 comprehensive community-based services (including 

2 health, mental health, social service, housing, and 

3 neighborhood resources) to protect and to serve 

4 adult, youth, and minor victims; 

5 ‘‘(4) identify, assess, and respond appropriately 

6 to domestic violence or dating violence in child pro7 tection cases and to child maltreatment when it co8 occurs with domestic violence or dating violence; 

9 ‘‘(5) analyze and change policies, procedures, 

10 and protocols that contribute to overrepresentation 

11 of populations underserved because of geographic lo12 cation, underserved racial and ethnic populations, 

13 populations underserved because of special needs 

14 (such as language barriers, disabilities, alienage sta15 tus, or age), and any other population determined to 

16 be underserved by the Attorney General, in the court 

17 and child welfare system; and 

18 ‘‘(6) provide appropriate referrals to commu19 nity-based programs and resources, such as health 

20 and mental health services, shelter and housing as21 sistance for adult, youth, and minor victims and 

22 their children, legal assistance and advocacy for 

23 adult, youth, and minor victims, assistance for par24 ents to help their children cope with the impact of 

25 exposure to domestic violence or dating violence and 
210

•HR 3402 EH 

1 child maltreatment, appropriate intervention and 

2 treatment for adult perpetrators of domestic violence 

3 or dating violence whose children are the subjects of 

4 child protection cases, programs providing support 

5 and assistance to populations underserved because of 

6 geographic location, underserved racial and ethnic 

7 populations, populations underserved because of spe8 cial needs (such as language barriers, disabilities, 

9 alienage status, or age), and any other population 

10 determined to be underserved by the Attorney Gen11 eral, and other necessary supportive services. 

12 ‘‘(h) GRANTEE REQUIREMENTS.—

13 ‘‘(1) APPLICATIONS.—Under this section, an 

14 entity shall prepare and submit to the Attorney Gen15 eral an application at such time, in such manner, 

16 and containing such information as the Attorney 

17 General may require, consistent with the require18 ments described herein. The application shall—

19 ‘‘(A) ensure that communities impacted by 

20 these systems or organizations are adequately 

21 represented in the development of the applica22 tion, the programs and activities to be under23 taken, and that they have a significant role in 

24 evaluating the success of the project; 
211

•HR 3402 EH 

1 ‘‘(B) describe how the training and col2 laboration activities will enhance or ensure the 

3 safety and economic security of families where 

4 both child maltreatment and domestic violence 

5 or dating violence occurs by providing appro6 priate resources, protection, and support to the 

7 victimized parents of such children and to the 

8 children themselves; and 

9 ‘‘(C) outline methods and means partici10 pating entities will use to ensure that all serv11 ices are provided in a developmentally, linguis12 tically and culturally competent manner and 

13 will utilize community-based supports and re14 sources. 

15 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a 

16 grant under this section, an entity shall be a collabo17 ration that—

18 ‘‘(A) shall include a State or local child 

19 welfare agency or Indian Tribe; 

20 ‘‘(B) shall include a domestic violence or 

21 dating violence victim service provider; 

22 ‘‘(C) shall include a court; 

23 ‘‘(D) may include a law enforcement agen24 cy, or Bureau of Indian Affairs providing tribal 

25 law enforcement; and 
212

•HR 3402 EH 

1 ‘‘(E) may include any other such agencies 

2 or private nonprofit organizations, including 

3 community-based organizations, with the capac4 ity to provide effective help to the adult, youth, 

5 and minor victims served by the collaboration. 

6 ‘‘(3) REPORTS.—Each entity receiving a grant 

7 under this section shall report to the Attorney Gen8 eral, detailing how the funds have been used. 

9 ‘‘SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND 

10 TO TEENS. 

11 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

12 shall award grants to eligible entities to conduct programs 

13 to serve youth between the ages of 12 and 24 of domestic 

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

15 Amounts appropriated under this section may only be used 

16 for programs and activities described under subsection (c). 

17 ‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive 

18 a grant under this section, an entity shall be—

19 ‘‘(1) a nonprofit, nongovernmental entity, the 

20 primary purpose of which is to provide services to 

21 victims of domestic violence, dating violence, sexual 

22 assault, or stalking; 

23 ‘‘(2) a religious or community-based organiza24 tion that specializes in working with youth victims of 
213

•HR 3402 EH 

1 domestic violence, dating violence, sexual assault, or 

2 stalking; 

3 ‘‘(3) an Indian Tribe or tribal organization pro4 viding services primarily to tribal youth or tribal vic5 tims of domestic violence, dating violence, sexual as6 sault or stalking; or 

7 ‘‘(4) a nonprofit, nongovernmental entity pro8 viding services for runaway or homeless youth. 

9 ‘‘(c) USE OF FUNDS.—

10 ‘‘(1) IN GENERAL.—An entity that receives a 

11 grant under this section shall use amounts provided 

12 under the grant to design or replicate, and imple13 ment, programs and services, using domestic vio14 lence, dating violence, sexual assault, and stalking 

15 intervention models to respond to the needs of youth 

16 who are victims of domestic violence, dating violence, 

17 sexual assault or stalking. 

18 ‘‘(2) TYPES OF PROGRAMS.—Such a program—

19 ‘‘(A) shall provide direct counseling and 

20 advocacy for teens and young adults, who have 

21 experienced domestic violence, dating violence, 

22 sexual assault or stalking; 

23 ‘‘(B) shall include linguistically, culturally, 

24 and community relevant services for populations 

25 underserved because of geographic location, un-
214

•HR 3402 EH 

1 derserved racial and ethnic populations, popu2 lations underserved because of special needs 

3 (such as language barriers, disabilities, alienage 

4 status, or age), and any other population deter5 mined to be underserved by the Attorney Gen6 eral, or linkages to existing services in the com7 munity tailored to the needs of those popu8 lations; 

9 ‘‘(C) may include mental health services; 

10 ‘‘(D) may include legal advocacy efforts on 

11 behalf of minors and young adults with respect 

12 to domestic violence, dating violence, sexual as13 sault or stalking; 

14 ‘‘(E) may work with public officials and 

15 agencies to develop and implement policies, 

16 rules, and procedures in order to reduce or 

17 eliminate domestic violence, dating violence, 

18 sexual assault, and stalking against youth and 

19 young adults; and 

20 ‘‘(F) may use not more than 25 percent of 

21 the grant funds to provide additional services 

22 and resources for youth, including childcare, 

23 transportation, educational support, and respite 

24 care. 

25 ‘‘(d) AWARDS BASIS.—
215

•HR 3402 EH 

1 ‘‘(1) GRANTS TO INDIAN TRIBES.—Not less 

2 than 10 percent of funds appropriated under this 

3 section in any year shall be available for grants to 

4 Indian Tribes or tribal organizations. 

5 ‘‘(2) ADMINISTRATION.—The Attorney General 

6 shall not use more than 2.5 percent of funds appro7 priated under this section in any year for adminis8 tration, monitoring, and evaluation of grants made 

9 available under this section. 

10 ‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND

11 DATA COLLECTION.—Not less than 5 percent of 

12 funds appropriated under this section in any year 

13 shall be available to provide training, technical as14 sistance, and data collection for programs funded 

15 under this section. 

16 ‘‘(e) TERM.—The Attorney General shall make the 

17 grants under this section for a period of 3 fiscal years. 

18 ‘‘(f) REPORTS.—An entity receiving a grant under 

19 this section shall submit to the Attorney General a report 

20 of how grant funds have been used. 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to carry out this section, 

23 $10,000,000 for each of fiscal years 2006 through 2010.’’. 
216

•HR 3402 EH 

1 SEC. 702. GRANTS TO COMBAT VIOLENT CRIMES ON CAM2 PUSES. 

3 (a) GRANTS AUTHORIZED.—

4 (1) IN GENERAL.—The Attorney General is au5 thorized to make grants to institutions of higher 

6 education, for use by such institutions or consortia 

7 consisting of campus personnel, student organiza8 tions, campus administrators, security personnel, 

9 and regional crisis centers affiliated with the institu10 tion, to develop and strengthen effective security and 

11 investigation strategies to combat domestic violence, 

12 dating violence, sexual assault, and stalking on cam13 puses, and to develop and strengthen victim services 

14 in cases involving such crimes against women on 

15 campuses, which may include partnerships with local 

16 criminal justice authorities and community-based 

17 victim services agencies. 

18 (2) AWARD BASIS.—The Attorney General shall 

19 award grants and contracts under this section on a 

20 competitive basis for a period of 3 years. The Attor21 ney General, through the Director of the Office on 

22 Violence Against Women, shall award the grants in 

23 amounts of not more than $500,000 for individual 

24 institutions of higher education and not more than 

25 $1,000,000 for consortia of such institutions. 
217

•HR 3402 EH 

1 (3) EQUITABLE PARTICIPATION.—The Attorney 

2 General shall make every effort to ensure—

3 (A) the equitable participation of private 

4 and public institutions of higher education in 

5 the activities assisted under this section; 

6 (B) the equitable geographic distribution of 

7 grants under this section among the various re8 gions of the United States; and 

9 (C) the equitable distribution of grants 

10 under this section to tribal colleges and univer11 sities and traditionally black colleges and uni12 versities. 

13 (b) USE OF GRANT FUNDS.—Grant funds awarded 

14 under this section may be used for the following purposes: 

15 (1) To provide personnel, training, technical as16 sistance, data collection, and other equipment with 

17 respect to the increased apprehension, investigation, 

18 and adjudication of persons committing domestic vi19 olence, dating violence, sexual assault, and stalking 

20 on campus. 

21 (2) To train campus administrators, campus se22 curity personnel, and personnel serving on campus 

23 disciplinary or judicial boards to develop and imple24 ment campus policies, protocols, and services that 

25 more effectively identify and respond to the crimes 
218

•HR 3402 EH 

1 domestic violence, dating violence, sexual assault, 

2 and stalking. Within 90 days after the date of enact3 ment of this Act, the Attorney General shall issue 

4 and make available minimum standards of training 

5 relating to domestic violence, dating violence, sexual 

6 assault, and stalking on campus, for all campus se7 curity personnel and personnel serving on campus 

8 disciplinary or judicial boards. 

9 (3) To implement and operate education pro10 grams for the prevention of domestic violence, dating 

11 violence, sexual assault and stalking. 

12 (4) To develop, enlarge, or strengthen victim 

13 services programs on the campuses of the institu14 tions involved, including programs providing legal, 

15 medical, or psychological counseling, for victims of 

16 domestic violence, dating violence, sexual assault, 

17 and stalking, and to improve delivery of victim as18 sistance on campus. To the extent practicable, such 

19 an institution shall collaborate with any entities car20 rying out nonprofit and other victim services pro21 grams, including domestic violence, dating violence, 

22 sexual assault, and stalking victim services programs 

23 in the community in which the institution is located. 

24 If appropriate victim services programs are not 

25 available in the community or are not accessible to 
219

•HR 3402 EH 

1 students, the institution shall, to the extent prac2 ticable, provide a victim services program on campus 

3 or create a victim services program in collaboration 

4 with a community-based organization. The institu5 tion shall use not less than 20 percent of the funds 

6 made available through the grant for a victim serv7 ices program provided in accordance with this para8 graph. 

9 (5) To create, disseminate, or otherwise provide 

10 assistance and information about victims’ options on 

11 and off campus to bring disciplinary or other legal 

12 action, including assistance to victims in immigra13 tion matters. 

14 (6) To develop, install, or expand data collec15 tion and communication systems, including comput16 erized systems, linking campus security to the local 

17 law enforcement for the purpose of identifying and 

18 tracking arrests, protection orders, violations of pro19 tection orders, prosecutions, and convictions with re20 spect to the crimes of domestic violence, dating vio21 lence, sexual assault, and stalking on campus. 

22 (7) To provide capital improvements (including 

23 improved lighting and communications facilities but 

24 not including the construction of buildings) on cam-
220

•HR 3402 EH 

1 puses to address the crimes of domestic violence, 

2 dating violence, sexual assault, and stalking. 

3 (8) To support improved coordination among 

4 campus administrators, campus security personnel, 

5 and local law enforcement to reduce domestic vio6 lence, dating violence, sexual assault, and stalking 

7 on campus. 

8 (c) APPLICATIONS.—

9 (1) IN GENERAL.—In order to be eligible to be 

10 awarded a grant under this section for any fiscal 

11 year, an institution of higher education shall submit 

12 an application to the Attorney General at such time 

13 and in such manner as the Attorney General shall 

14 prescribe. 

15 (2) CONTENTS.—Each application submitted 

16 under paragraph (1) shall—

17 (A) describe the need for grant funds and 

18 the plan for implementation for any of the pur19 poses described in subsection (b); 

20 (B) include proof that the institution of 

21 higher education collaborated with any non22 profit, nongovernmental entities carrying out 

23 other victim services programs, including do24 mestic violence, dating violence, sexual assault, 
221

•HR 3402 EH 

1 and stalking victim services programs in the 

2 community in which the institution is located; 

3 (C) describe the characteristics of the pop4 ulation being served, including type of campus, 

5 demographics of the population, and number of 

6 students; 

7 (D) provide measurable goals and expected 

8 results from the use of the grant funds; 

9 (E) provide assurances that the Federal 

10 funds made available under this section shall be 

11 used to supplement and, to the extent practical, 

12 increase the level of funds that would, in the 

13 absence of Federal funds, be made available by 

14 the institution for the purposes described in 

15 subsection (b); and 

16 (F) include such other information and as17 surances as the Attorney General reasonably 

18 determines to be necessary. 

19 (3) COMPLIANCE WITH CAMPUS CRIME REPORT20 ING REQUIRED.—No institution of higher education 

21 shall be eligible for a grant under this section unless 

22 such institution is in compliance with the require23 ments of section 485(f) of the Higher Education Act 

24 of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of the 

25 total amount of grant funds appropriated under this 
222

•HR 3402 EH 

1 section for fiscal years 2006 through 2010 may be 

2 used to provide technical assistance in complying 

3 with the mandatory reporting requirements of sec4 tion 485(f) of such Act. 

5 (d) GENERAL TERMS AND CONDITIONS.—

6 (1) NONMONETARY ASSISTANCE.—In addition 

7 to the assistance provided under this section, the At8 torney General may request any Federal agency to 

9 use the agency’s authorities and the resources grant10 ed to the agency under Federal law (including per11 sonnel, equipment, supplies, facilities, and manage12 rial, technical, and advisory services) in support of 

13 campus security, and investigation and victim service 

14 efforts. 

15 (2) CONFIDENTIALITY.—

16 (A) NONDISCLOSURE OF CONFIDENTIAL

17 OR PRIVATE INFORMATION.—In order to ensure 

18 the safety of adult and minor victims of domes19 tic violence, dating violence, sexual assault, or 

20 stalking and their families, grantees and sub21 grantees under this section shall reasonably—

22 (i) protect the confidentiality and pri23 vacy of persons receiving services under 

24 the grants and subgrants; and 
223

•HR 3402 EH 

1 (ii) not disclose and personally identi2 fying information, or individual client in3 formation, collected in connection with 

4 services requested, utilized, or denied 

5 through programs provided by such grant6 ees and subgrantees under this section. 

7 (B) CONSENT.—A grantee or subgrantee 

8 under this section shall not reveal personally 

9 any identifying information or individual client 

10 information collected as described in subpara11 graph (A) without the informed, written, and 

12 reasonably time-limited consent of the person 

13 (or, in the case of an unemancipated minor, the 

14 minor and the parent or guardian of the minor) 

15 about whom information is sought, whether for 

16 the program carried out under this section or 

17 any other Federal, State, tribal, or territorial 

18 assistance program. 

19 (C) COMPELLED RELEASE AND NOTICE.—

20 If a grantee or subgrantee under this section is 

21 compelled by statutory or court mandate to dis22 close information described in subparagraph 

23 (A), the grantee or subgrantee—
224

•HR 3402 EH 

1 (i) shall make reasonable attempts to 

2 provide notice to individuals affected by 

3 the disclosure of information; and 

4 (ii) shall take steps necessary to pro5 tect the privacy and safety of the indi6 vidual affected by the disclosure. 

7 (D) PERMISSIVE SHARING.—Grantees and 

8 subgrantees under this section may share with 

9 each other, in order to comply with Federal, 

10 State, tribal, or territorial reporting, evaluation, 

11 or data collection requirements—

12 (i) aggregate data, that is not person13 ally identifying information, regarding 

14 services provided to their clients; and 

15 (ii) demographic information that is 

16 not personally identifying information. 

17 (E) COURT-GENERATED AND LAW EN18 FORCEMENT-GENERATED INFORMATION.—

19 Grantees and subgrantees under this section 

20 may share with each other—

21 (i) court-generated information con22 tained in secure, governmental registries 

23 for protection order enforcement purposes; 

24 and 
225

•HR 3402 EH 

1 (ii) law enforcement-generated infor2 mation. 

3 (F) DEFINITION.—As used in this para4 graph, the term ‘‘personally identifying infor5 mation’’ means individually identifying informa6 tion from or about an individual, including—

7 (i) first and last name; 

8 (ii) home or other physical address, 

9 including street name and name of city or 

10 town; 

11 (iii) email address or other online con12 tact information, such as an instant-mes13 saging user identifier or a screen name 

14 that reveals an individual’s email address; 

15 (iv) telephone number; 

16 (v) social security number; 

17 (vi) Internet Protocol (‘‘IP’’) address 

18 or host name that identifies an individual; 

19 (vii) persistent identifier, such as a 

20 customer number held in a ‘‘cookie’’ or 

21 processor serial number, that is combined 

22 with other available data that identifies an 

23 individual; or 

24 (viii) information that, in combination 

25 with the information in any of the clauses 
226

•HR 3402 EH 

1 (i) through (vii), would serve to identify 

2 any individual, including—

3 (I) grade point average; 

4 (II) date of birth; 

5 (III) academic or occupational in6 terests; 

7 (IV) athletic or extracurricular 

8 interests; 

9 (V) racial or ethnic background; 

10 or 

11 (VI) religious affiliation. 

12 (3) GRANTEE REPORTING.—

13 (A) PERFORMANCE REPORT.—Each insti14 tution of higher education receiving a grant 

15 under this section shall report to the Attorney 

16 General on activities conducted with grant 

17 funds. The Attorney General shall suspend 

18 funding under this section for an institution of 

19 higher education if the institution fails to sub20 mit such a report. 

21 (B) FINAL REPORT.—Upon completion of 

22 the grant period under this section, the institu23 tion shall file a performance report with the At24 torney General and the Secretary of Education 

25 explaining the activities carried out under this 
227

•HR 3402 EH 

1 section together with an assessment of the ef2 fectiveness of those activities in achieving the 

3 purposes described in subsection (b). 

4 (4) REPORT TO CONGRESS.—Not later than 30 

5 days after the end of each even-numbered fiscal 

6 year, the Attorney General shall submit to Congress 

7 a report for the period of 2 fiscal years at any time 

8 in which grants were made under this section and 

9 ending in such even-numbered fiscal year, that in10 cludes—

11 (A) the number of grants, and the amount 

12 of funds, distributed under this section; 

13 (B) a summary of the purposes for which 

14 the grants were provided and an evaluation of 

15 the progress made under the grant; 

16 (C) a statistical summary of the persons 

17 served, detailing the nature of victimization, 

18 and providing data on age, sex, race, ethnicity, 

19 language, disability, relationship to offender, ge20 ographic distribution, and type of campus; and 

21 (D) an evaluation of the effectiveness of 

22 programs funded under this part. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—For the 

24 purpose of carrying out this section, there are authorized 
228

•HR 3402 EH 

1 to be appropriated $15,000,000 for each of fiscal years 

2 2006 through 2010. 

3 SEC. 703. SAFE HAVENS. 

4 Section 1301 of the Victims of Trafficking and Vio5 lence Protection Act of 2000 (42 U.S.C. 10420) is amend6 ed—

7 (1) by striking the section heading and insert8 ing the following: 

9 ‘‘SEC. 1301. SAFE HAVENS FOR CHILDREN.’’; 

10 (2) in subsection (a)—

11 (A) by inserting ‘‘, through the Director of 

12 the Violence Against Women Office,’’ after ‘‘At13 torney General’’; 

14 (B) by inserting ‘‘public or nonprofit non15 governmental entities, and to’’ after ‘‘may 

16 award grants to’’; 

17 (C) by inserting ‘‘dating violence,’’ after 

18 ‘‘domestic violence,’’; 

19 (D) by striking ‘‘to provide’’ and inserting 

20 the following: 

21 ‘‘(1) to provide’’; 

22 (E) by striking the period at the end and 

23 inserting a semicolon; and 

24 (F) by adding at the end the following: 
229

•HR 3402 EH 

1 ‘‘(2) to protect children from the trauma of wit2 nessing domestic or dating violence or experiencing 

3 abduction, injury, or death during parent and child 

4 visitation exchanges; 

5 ‘‘(3) to protect parents or caretakers who are 

6 victims of domestic and dating violence from experi7 encing further violence, abuse, and threats during 

8 child visitation exchanges; and 

9 ‘‘(4) to protect children from the trauma of ex10 periencing sexual assault or other forms of physical 

11 assault or abuse during parent and child visitation 

12 and visitation exchanges.’’; and 

13 (3) by striking subsection (e) and inserting the 

14 following: 

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

16 ‘‘(1) IN GENERAL.—There is authorized to be 

17 appropriated to carry out this section, $20,000,000 

18 for each of fiscal years 2006 through 2010. Funds 

19 appropriated under this section shall remain avail20 able until expended. 

21 ‘‘(2) USE OF FUNDS.—Of the amounts appro22 priated to carry out this section for each fiscal year, 

23 the Attorney General shall—
230

•HR 3402 EH 

1 ‘‘(A) set aside not less than 5 percent for 

2 grants to Indian tribal governments or tribal 

3 organizations; 

4 ‘‘(B) use not more than 3 percent for eval5 uation, monitoring, site visits, grantee con6 ferences, and other administrative costs associ7 ated with conducting activities under this sec8 tion; and 

9 ‘‘(C) set aside not more than 8 percent for 

10 training, technical assistance, and data collec11 tion to be provided by organizations having na12 tionally recognized expertise in the design of 

13 safe and secure supervised visitation programs 

14 and visitation exchange of children in situations 

15 involving domestic violence, dating violence, sex16 ual assault, or stalking.’’. 

17 SEC. 704. GRANTS TO COMBAT DOMESTIC VIOLENCE, DAT18 ING VIOLENCE, SEXUAL ASSAULT, AND 

19 STALKING IN MIDDLE AND HIGH SCHOOLS. 

20 (a) SHORT TITLE.—This section may be cited as the 

21 ‘‘Supporting Teens through Education and Protection Act 

22 of 2005’’ or the ‘‘STEP Act’’. 

23 (b) GRANTS AUTHORIZED.—The Attorney General, 

24 through the Director of the Office on Violence Against 

25 Women, is authorized to award grants to middle schools 
231

•HR 3402 EH 

1 and high schools that work with domestic violence and sex2 ual assault experts to enable the schools—

3 (1) to provide training to school administrators, 

4 faculty, counselors, coaches, healthcare providers, se5 curity personnel, and other staff on the needs and 

6 concerns of students who experience domestic vio7 lence, dating violence, sexual assault, or stalking, 

8 and the impact of such violence on students; 

9 (2) to develop and implement policies in middle 

10 and high schools regarding appropriate, safe re11 sponses to, and identification and referral proce12 dures for, students who are experiencing or perpe13 trating domestic violence, dating violence, sexual as14 sault, or stalking, including procedures for handling 

15 the requirements of court protective orders issued to 

16 or against students or school personnel, in a manner 

17 that ensures the safety of the victim and holds the 

18 perpetrator accountable; 

19 (3) to provide support services for students and 

20 school personnel, such as a resource person who is 

21 either on-site or on-call, and who is an expert de22 scribed in subsections (i)(2) and (i)(3), for the pur23 pose of developing and strengthening effective pre24 vention and intervention strategies for students and 
232

•HR 3402 EH 

1 school personnel experiencing domestic violence, dat2 ing violence, sexual assault or stalking; 

3 (4) to provide developmentally appropriate edu4 cational programming to students regarding domes5 tic violence, dating violence, sexual assault, and 

6 stalking, and the impact of experiencing domestic vi7 olence, dating violence, sexual assault, and stalking 

8 on children and youth by adapting existing curricula 

9 activities to the relevant student population; 

10 (5) to work with existing mentoring programs 

11 and develop strong mentoring programs for stu12 dents, including student athletes, to help them un13 derstand and recognize violence and violent behavior, 

14 how to prevent it and how to appropriately address 

15 their feelings; and 

16 (6) to conduct evaluations to assess the impact 

17 of programs and policies assisted under this section 

18 in order to enhance the development of the pro19 grams. 

20 (c) AWARD BASIS.—The Director shall award grants 

21 and contracts under this section on a competitive basis. 

22 (d) POLICY DISSEMINATION.—The Director shall dis23 seminate to middle and high schools any existing Depart24 ment of Justice, Department of Health and Human Serv25 ices, and Department of Education policy guidance and 
233

•HR 3402 EH 

1 curricula regarding the prevention of domestic violence, 

2 dating violence, sexual assault, and stalking, and the im3 pact of the violence on children and youth. 

4 (e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

5 INFORMATION.—In order to ensure the safety of adult, 

6 youth, and minor victims of domestic violence, dating vio7 lence, sexual assault, or stalking and their families, grant8 ees and subgrantees shall protect the confidentiality and 

9 privacy of persons receiving services. Grantees and sub10 grantees pursuant to this section shall not disclose any 

11 personally identifying information or individual informa12 tion collected in connection with services requested, uti13 lized, or denied through grantees’ and subgrantees’ pro14 grams. Grantees and subgrantees shall not reveal indi15 vidual client information without the informed, written, 

16 reasonably time-limited consent of the person (or in the 

17 case of unemancipated minor, the minor and the parent 

18 or guardian, except that consent for release may not be 

19 given by the abuser of the minor or of the other parent 

20 of the minor) about whom information is sought, whether 

21 for this program or any other Tribal, Federal, State or 

22 Territorial grant program. If release of such information 

23 is compelled by statutory or court mandate, grantees and 

24 subgrantees shall make reasonable attempts to provide no25 tice to victims affected by the disclosure of information. 
234

•HR 3402 EH 

1 If such personally identifying information is or will be re2 vealed, grantees and subgrantees shall take steps nec3 essary to protect the privacy and safety of the persons af4 fected by the release of the information. Grantees may 

5 share non-personally identifying data in the aggregate re6 garding services to their clients and non-personally identi7 fying demographic information in order to comply with 

8 Tribal, Federal, State or Territorial reporting, evaluation, 

9 or data collection requirements. Grantees and subgrantees 

10 may share court-generated information contained in se11 cure, governmental registries for protection order enforce12 ment purposes. 

13 (f) GRANT TERM AND ALLOCATION.—

14 (1) TERM.—The Director shall make the grants 

15 under this section for a period of 3 fiscal years. 

16 (2) ALLOCATION.—Not more than 15 percent 

17 of the funds available to a grantee in a given year 

18 shall be used for the purposes described in sub19 section (b)(4)(D), (b),(5), and (b)(6). 

20 (g) DISTRIBUTION.—

21 (1) IN GENERAL.—Not less than 5 percent of 

22 funds appropriated under subsection (l) in any year 

23 shall be available for grants to tribal schools, schools 

24 on tribal lands or schools whose student population 

25 is more than 25 percent Native American. 
235

•HR 3402 EH 

1 (2) ADMINISTRATION.—The Director shall not 

2 use more than 5 percent of funds appropriated 

3 under subsection (l) in any year for administration, 

4 monitoring and evaluation of grants made available 

5 under this section. 

6 (3) TRAINING, TECHNICAL ASSISTANCE, AND

7 DATA COLLECTION.—Not less than 5 percent of 

8 funds appropriated under subsection (l) in any year 

9 shall be available to provide training, technical as10 sistance, and data collection for programs funded 

11 under this section. 

12 (h) APPLICATION.—To be eligible to be awarded a 

13 grant or contract under this section for any fiscal year, 

14 a middle or secondary school, in consultation with an ex15 pert as described in subsections (i)(2) and (i)(3), shall 

16 submit an application to the Director at such time and 

17 in such manner as the Director shall prescribe. 

18 (i) ELIGIBLE ENTITIES.—To be eligible to receive a 

19 grant under this section, an entity shall be a partnership 

20 that—

21 (1) shall include a public, charter, tribal, or na22 tionally accredited private middle or high school, a 

23 school administered by the Department of Defense 

24 under 10 U.S.C. 2164 or 20 U.S.C. 921, a group of 

25 schools, or a school district; 
236

•HR 3402 EH 

1 (2) shall include a domestic violence victim 

2 service provider that has a history of working on do3 mestic violence and the impact that domestic vio4 lence and dating violence have on children and 

5 youth; 

6 (3) shall include a sexual assault victim service 

7 provider, such as a rape crisis center, program serv8 ing tribal victims of sexual assault, or coalition or 

9 other nonprofit nongovernmental organization car10 rying out a community-based sexual assault pro11 gram, that has a history of effective work concerning 

12 sexual assault and the impact that sexual assault 

13 has on children and youth; and 

14 (4) may include a law enforcement agency, the 

15 State, Tribal, Territorial or local court, nonprofit 

16 nongovernmental organizations and service providers 

17 addressing sexual harassment, bullying or gang-re18 lated violence in schools, and any other such agen19 cies or nonprofit nongovernmental organizations 

20 with the capacity to provide effective assistance to 

21 the adult, youth, and minor victims served by the 

22 partnership. 

23 (j) PRIORITY.—In awarding grants under this sec24 tion, the Director shall give priority to entities that have 
237

•HR 3402 EH 

1 submitted applications in partnership with relevant courts 

2 or law enforcement agencies. 

3 (k) REPORTING AND DISSEMINATION OF INFORMA4 TION.—

5 (1) REPORTING.—Each of the entities that are 

6 members of the applicant partnership described in 

7 subsection (i), that receive a grant under this section 

8 shall jointly prepare and submit to the Director 

9 every 18 months a report detailing the activities that 

10 the entities have undertaken under the grant and 

11 such additional information as the Director shall re12 quire. 

13 (2) DISSEMINATION OF INFORMATION.—Within 

14 9 months of the completion of the first full grant 

15 cycle, the Director shall publicly disseminate, includ16 ing through electronic means, model policies and 

17 procedures developed and implemented in middle 

18 and high schools by the grantees, including informa19 tion on the impact the policies have had on their re20 spective schools and communities. 

21 (l) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) IN GENERAL.—There is authorized to be 

23 appropriated to carry out this section, $5,000,000 

24 for each of fiscal years 2006 through 2010. 
238

•HR 3402 EH 

1 (2) AVAILABILITY.—Funds appropriated under 

2 paragraph (1) shall remain available until expended. 

3 TITLE VIII—STRENGTHENING 

4 AMERICA’S FAMILIES BY PRE5 VENTING VIOLENCE IN THE 

6 HOME 

7 SEC. 801. PREVENTING VIOLENCE IN THE HOME. 

8 The Violence Against Women Act of 1994 is amended 

9 by adding after subtitle L (as added by section 701) the 

10 following: 

11 ‘‘Subtitle M—Strengthening Amer12 ica’s Families by Preventing Vi13 olence in the Home 

14 ‘‘SEC. 41301. PURPOSE. 

15 ‘‘The purpose of this subtitle is to—

16 ‘‘(1) prevent crimes involving domestic violence, 

17 dating violence, sexual assault, and stalking, includ18 ing when committed against children and youth; 

19 ‘‘(2) increase the resources and services avail20 able to prevent domestic violence, dating violence, 

21 sexual assault, and stalking, including when com22 mitted against children and youth; 

23 ‘‘(3) reduce the impact of exposure to violence 

24 in the lives of children and youth so that the 

25 intergenerational cycle of violence is interrupted; 
239

•HR 3402 EH 

1 ‘‘(4) develop and implement education and serv2 ices programs to prevent children in vulnerable fami3 lies from becoming victims or perpetrators of domes4 tic violence, dating violence, sexual assault, or stalk5 ing; 

6 ‘‘(5) promote programs to ensure that children 

7 and youth receive the assistance they need to end 

8 the cycle of violence and develop mutually respectful, 

9 nonviolent relationships; and 

10 ‘‘(6) encourage collaboration among community11 based organizations and governmental agencies serv12 ing children and youth, providers of health and men13 tal health services and providers of domestic vio14 lence, dating violence, sexual assault, and stalking 

15 victim services to prevent violence. 

16 ‘‘SEC. 41302. GRANTS TO ASSIST CHILDREN AND YOUTH EX17 POSED TO VIOLENCE. 

18 ‘‘(a) GRANTS AUTHORIZED.—

19 ‘‘(1) IN GENERAL.—The Attorney General, act20 ing through the Director of the Office on Violence 

21 Against Women, and in consultation with the Sec22 retary of Health and Human Services, is authorized 

23 to award grants on a competitive basis to eligible en24 tities for the purpose of mitigating the effects of do25 mestic violence, dating violence, sexual assault, and 
240

•HR 3402 EH 

1 stalking on children exposed to such violence, and 

2 reducing the risk of future victimization or perpetra3 tion of domestic violence, dating violence, sexual as4 sault, and stalking. 

5 ‘‘(2) TERM.—The Director shall make grants 

6 under this section for a period of 3 fiscal years. 

7 ‘‘(3) AWARD BASIS.—The Director shall award 

8 grants—

9 ‘‘(A) considering the needs of populations 

10 underserved because of geographic location, un11 derserved racial and ethnic populations, popu12 lations underserved because of special needs 

13 (such as language barriers, disabilities, alienage 

14 status, or age), and any other population deter15 mined to be underserved by the Attorney Gen16 eral; 

17 ‘‘(B) awarding not less than 10 percent of 

18 such amounts for the funding of tribal projects 

19 from the amounts made available under this 

20 section for a fiscal year; 

21 ‘‘(C) awarding up to 8 percent for the 

22 funding of training, technical assistance, and 

23 data collection programs from the amounts 

24 made available under this section for a fiscal 

25 year; and 
241

•HR 3402 EH 

1 ‘‘(D) awarding not less than 66 percent to 

2 programs described in subsection (c)(1) from 

3 the amounts made available under this section 

4 for a fiscal year. 

5 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to carry out this section 

7 $15,000,000 for each of fiscal years 2006 through 2010. 

8 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

9 this section shall be used for—

10 ‘‘(1) programs that provide services for children 

11 exposed to domestic violence, dating violence, sexual 

12 assault, or stalking, which may include direct coun13 seling, advocacy, or mentoring, and must include 

14 support for the nonabusing parent or the child’s 

15 caretaker; 

16 ‘‘(2) training and coordination for programs 

17 that serve children and youth (such as Head Start, 

18 child care, and after-school programs) on how to 

19 safely and confidentially identify children and fami20 lies experiencing domestic violence and properly refer 

21 them to programs that can provide direct services to 

22 the family and children, and coordination with other 

23 domestic violence or other programs serving children 

24 exposed to domestic violence, dating violence, sexual 
242

•HR 3402 EH 

1 assault, or stalking that can provide the training 

2 and direct services referenced in this subsection; or 

3 ‘‘(3) advocacy within the systems that serve 

4 children to improve the system’s understanding of 

5 and response to children who have been exposed to 

6 domestic violence and the needs of the nonabusing 

7 parent. 

8 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

9 a grant under this section, an entity shall be—

10 ‘‘(1) a victim service provider, tribal nonprofit 

11 organization or community-based organization that 

12 has a documented history of effective work con13 cerning children or youth exposed to domestic vio14 lence, dating violence, sexual assault, or stalking, in15 cluding programs that provide culturally specific 

16 services, Head Start, child care, after school pro17 grams, and health and mental health providers; or 

18 ‘‘(2) a State, territorial, tribal, or local unit of 

19 government agency that is partnered with an organi20 zation described in paragraph (1). 

21 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

22 an entity shall—

23 ‘‘(1) prepare and submit to the Director an ap24 plication at such time, in such manner, and con-
243

•HR 3402 EH 

1 taining such information as the Director may re2 quire; and 

3 ‘‘(2) at a minimum, describe in the application 

4 the policies and procedures that the entity has or 

5 will adopt to—

6 ‘‘(A) enhance or ensure the safety and se7 curity of children who have been exposed to vio8 lence and their nonabusing parent, enhance or 

9 ensure the safety and security of children and 

10 their nonabusing parent in homes already expe11 riencing domestic violence, dating violence, sex12 ual assault, or stalking; and 

13 ‘‘(B) ensure linguistically, culturally, and 

14 community relevant services for populations un15 derserved because of geographic location, under16 served racial and ethnic populations, popu17 lations underserved because of special needs 

18 (such as language barriers, disabilities, alienage 

19 status, or age), and any other population deter20 mined to be underserved by the Attorney Gen21 eral. 

22 ‘‘(f) REPORTS.—An entity receiving a grant under 

23 this section shall prepare and submit to the Director a 

24 report detailing the activities undertaken with grant 
244

•HR 3402 EH 

1 funds, providing additional information as the Director 

2 shall require. 

3 ‘‘SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, 

4 AND YOUTH TO PREVENT DOMESTIC VIO5 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

6 AND STALKING. 

7 ‘‘(a) GRANTS AUTHORIZED.—

8 ‘‘(1) IN GENERAL.—The Attorney General, act9 ing through the Director of the Office on Violence 

10 Against Women, and in collaboration with the Sec11 retary of Health and Human Services, shall award 

12 grants on a competitive basis to eligible entities for 

13 the purpose of developing or enhancing programs re14 lated to building alliances among men, women, and 

15 youth to prevent domestic violence, dating violence, 

16 sexual assault, and stalking by helping them to de17 velop mutually respectful, nonviolent relationships. 

18 ‘‘(2) TERM.—The Director shall make grants 

19 under this section for a period of 3 fiscal years. 

20 ‘‘(3) AWARD BASIS.—The Director shall award 

21 grants—

22 ‘‘(A) considering the needs of populations 

23 underserved because of geographic location, un24 derserved racial and ethnic populations, popu25 lations underserved because of special needs 
245

•HR 3402 EH 

1 (such as language barriers, disabilities, alienage 

2 status, or age), and any other population deter3 mined to be underserved by the Attorney Gen4 eral; 

5 ‘‘(B) with respect to gender-specific pro6 grams described under subsection (c)(1)(A), en7 suring reasonable distribution of funds to pro8 grams for boys and programs for girls; 

9 ‘‘(C) awarding not less than 10 percent of 

10 such amounts for the funding of tribal projects 

11 from the amounts made available under this 

12 section for a fiscal year; and 

13 ‘‘(D) awarding up to 8 percent for the 

14 funding of training, technical assistance, and 

15 data collection for grantees and non-grantees 

16 working in this area and evaluation programs 

17 from the amounts made available under this 

18 section for a fiscal year. 

19 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to carry out this section 

21 $10,000,000 for each of fiscal years 2006 through 2010. 

22 ‘‘(c) USE OF FUNDS.—

23 ‘‘(1) PROGRAMS.—The funds appropriated 

24 under this section shall be used by eligible entities 

25 for—
246

•HR 3402 EH 

1 ‘‘(A) public education and community 

2 based programs, including gender-specific pro3 grams in accordance with applicable laws—

4 ‘‘(i) to encourage children and youth 

5 to pursue only mutually respectful, non6 violent relationships and empower them to 

7 reduce their risk of becoming victims or 

8 perpetrators of domestic violence, dating 

9 violence, sexual assault, or stalking; and 

10 ‘‘(ii) that include at a minimum—

11 ‘‘(I) information on domestic vio12 lence, dating violence, sexual assault, 

13 stalking, or child sexual abuse and 

14 how they affect children and youth; 

15 and 

16 ‘‘(II) strategies to help partici17 pants be as safe as possible; or 

18 ‘‘(B) public education campaigns and com19 munity organizing to encourage men and boys 

20 to work as allies with women and girls to pre21 vent domestic violence, dating violence, stalking, 

22 and sexual assault conducted by entities that 

23 have experience in conducting public education 

24 campaigns that address domestic violence, dat25 ing violence, sexual assault, or stalking. 
247

•HR 3402 EH 

1 ‘‘(2) MEDIA LIMITS.—No more than 25 percent 

2 of funds received by a grantee under this section 

3 may be used to create and distribute media mate4 rials. 

5 ‘‘(d) ELIGIBLE ENTITIES.—

6 ‘‘(1) RELATIONSHIPS.—Eligible entities under 

7 subsection (c)(1)(A) are—

8 ‘‘(A) nonprofit, nongovernmental domestic 

9 violence, dating violence, sexual assault, or 

10 stalking victim service providers or coalitions; 

11 ‘‘(B) community-based child or youth serv12 ices organizations with demonstrated experience 

13 and expertise in addressing the needs and con14 cerns of young people; 

15 ‘‘(C) a State, territorial, tribal, or unit of 

16 local governmental entity that is partnered with 

17 an organization described in subparagraph (A) 

18 or (B); or 

19 ‘‘(D) a program that provides culturally 

20 specific services. 

21 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities 

22 under subsection (c)(1)(B) are—

23 ‘‘(A) nonprofit, nongovernmental organiza24 tions or coalitions that have a documented his25 tory of creating and administering effective 
248

•HR 3402 EH 

1 public education campaigns addressing the pre2 vention of domestic violence, dating violence, 

3 sexual assault or stalking; or 

4 ‘‘(B) a State, territorial, tribal, or unit of 

5 local governmental entity that is partnered with 

6 an organization described in subparagraph (A). 

7 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

8 an entity shall—

9 ‘‘(1) prepare and submit to the Director an ap10 plication at such time, in such manner, and con11 taining such information as the Director may re12 quire; and 

13 ‘‘(2) for a grant under subsection (c)(1)(A), de14 scribe in the application the policies and procedures 

15 that the entity has or will adopt to—

16 ‘‘(A) enhance or ensure the safety and se17 curity of children and youth already experi18 encing domestic violence, dating violence, sexual 

19 assault, or stalking in their lives; 

20 ‘‘(B) provide, where appropriate, linguis21 tically, culturally, and community relevant serv22 ices for populations underserved because of geo23 graphic location, underserved racial and ethnic 

24 populations, populations underserved because of 

25 special needs (such as language barriers, dis-
249

•HR 3402 EH 

1 abilities, alienage status, or age), and any other 

2 population determined to be underserved by the 

3 Attorney General; 

4 ‘‘(C) inform participants about laws, serv5 ices, and resources in the community, and make 

6 referrals as appropriate; and 

7 ‘‘(D) ensure that State and local domestic 

8 violence, dating violence, sexual assault, and 

9 stalking victim service providers and coalitions 

10 are aware of the efforts of organizations receiv11 ing grants under this section. 

12 ‘‘(f) REPORTS.—An entity receiving a grant under 

13 this section shall prepare and submit to the Director a 

14 report detailing the activities undertaken with grant 

15 funds, including an evaluation of funded programs and 

16 providing additional information as the Director shall re17 quire. 

18 ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT 

19 PROGRAMS FOR HOME VISITATION 

20 PROJECTS. 

21 ‘‘(a) GRANTS AUTHORIZED.—

22 ‘‘(1) IN GENERAL.—The Attorney General, act23 ing through the Director of the Office on Violence 

24 Against Women, shall award grants on a competitive 

25 basis to home visitation programs, in collaboration 
250

•HR 3402 EH 

1 with law enforcement, victim service providers, for 

2 the purposes of developing and implementing model 

3 policies and procedures to train home visitation serv4 ice providers on addressing domestic violence, dating 

5 violence, sexual assault, and stalking in families ex6 periencing violence, or at risk of violence, to reduce 

7 the impact of that violence on children, maintain 

8 safety, improve parenting skills, and break 

9 intergenerational cycles of violence. 

10 ‘‘(2) TERM.—The Director shall make the 

11 grants under this section for a period of 2 fiscal 

12 years. 

13 ‘‘(3) AWARD BASIS.—The Director shall—

14 ‘‘(A) consider the needs of underserved 

15 populations; 

16 ‘‘(B) award not less than 7 percent of such 

17 amounts for the funding of tribal projects from 

18 the amounts made available under this section 

19 for a fiscal year; and 

20 ‘‘(C) award up to 8 percent for the funding 

21 of technical assistance programs from the 

22 amounts made available under this section for 

23 a fiscal year. 
251

•HR 3402 EH 

1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 $5,000,000 for each of fiscal years 2006 through 2010. 

4 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

5 a grant under this section, an entity shall be a national, 

6 Federal, State, local, territorial, or tribal—

7 ‘‘(1) home visitation program that provides 

8 services to pregnant women and to young children 

9 and their parent or primary caregiver that are pro10 vided in the permanent or temporary residence or in 

11 other familiar surroundings of the individual or fam12 ily receiving such services; or 

13 ‘‘(2) victim services organization or agency in 

14 collaboration with an organization or organizations 

15 listed in paragraph (1). 

16 ‘‘(d) GRANTEE REQUIREMENTS.—Under this section, 

17 an entity shall—

18 ‘‘(1) prepare and submit to the Director an ap19 plication at such time, in such manner, and con20 taining such information as the Director may re21 quire; and 

22 ‘‘(2) describe in the application the policies and 

23 procedures that the entity has or will adopt to—

24 ‘‘(A) enhance or ensure the safety and se25 curity of children and their nonabusing parent 
252

•HR 3402 EH 

1 in homes already experiencing domestic vio2 lence, dating violence, sexual assault, or stalk3 ing; 

4 ‘‘(B) ensure linguistically, culturally, and 

5 community relevant services for populations un6 derserved because of geographic location, under7 served racial and ethnic populations, popu8 lations underserved because of special needs 

9 (such as language barriers, disabilities, alienage 

10 status, or age), and any other population deter11 mined to be underserved by the Attorney Gen12 eral; 

13 ‘‘(C) ensure the adequate training by do14 mestic violence, dating violence, sexual assault 

15 or stalking victim service providers of home visi16 tation grantee program staff to—

17 ‘‘(i) safely screen for or recognize (or 

18 both) domestic violence, dating violence, 

19 sexual assault, and stalking; 

20 ‘‘(ii) understand the impact of domes21 tic violence or sexual assault on children 

22 and protective actions taken by a non23 abusing parent or caretaker in response to 

24 violence against anyone in the household; 

25 and 
253

•HR 3402 EH 

1 ‘‘(iii) link new parents with existing 

2 community resources in communities where 

3 resources exist; and 

4 ‘‘(D) ensure that relevant State and local 

5 domestic violence, dating violence, sexual as6 sault, and stalking victim service providers and 

7 coalitions are aware of the efforts of organiza8 tions receiving grants under this section, and 

9 are included as training partners, where pos10 sible.’’. 

11 TITLE IX—PROTECTION FOR IM12 MIGRANT VICTIMS OF VIO13 LENCE 

14 SEC. 900. SHORT TITLE; REFERENCES TO VAWA–2000; REGU15 LATIONS. 

16 (a) SHORT TITLE.—This title may be cited as ‘‘Im17 migrant Victims of Violence Protection Act of 2005’’. 

18 (b) REFERENCES TO VAWA–2000.—In this title, the 

19 term ‘‘VAWA–2000’’ means the Violence Against Women 

20 Act of 2000 (division B of Public Law 106–386). 

21 (c) REGULATIONS.—Not later than 180 days after 

22 the date of the enactment of this Act, the Attorney Gen23 eral, the Secretary of Homeland Security, and Secretary 

24 of State shall promulgate regulations to implement the 

25 provisions contained in the Battered Immigrant Women 
254

•HR 3402 EH 

1 Protection Act of 2000 (title V of VAWA–2000) and the 

2 amendments made by (and the provisions of) this title. 

3 In applying such regulations, in the case of petitions, ap4 plications, or certifications filed on or before the effective 

5 date of publication of such regulations for relief covered 

6 by such regulations, there shall be no requirement to sub7 mit an additional petition, application, or certification and 

8 any priority or similar date with respect to such a petition 

9 or application shall relate back to the date of the filing 

10 of the petition or application. 

11 Subtitle A—Victims of Crime 

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

13 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC14 TIMS OF TRAFFICKING.—Clause (ii) of section 

15 101(a)(15)(T) of the Immigration and Nationality Act (8 

16 U.S.C. 1101(a)(15)(T)) is amended to read as follows: 

17 ‘‘(ii) if accompanying, or following to join, 

18 the alien described in clause (i)—

19 ‘‘(I) in the case of an alien so de20 scribed who is under 21 years of age, the 

21 spouse, children, unmarried siblings under 

22 18 years of age on the date on which such 

23 alien applied for status under such clause, 

24 and parents of such alien; or 
255

•HR 3402 EH 

1 ‘‘(II) in the case of an alien described 

2 in clause (i) who is 21 years of age or 

3 older, the spouse and children of such 

4 alien;’’. 

5 (b) DURATION OF U AND T VISAS.—

6 (1) U VISAS.—Section 214(p) of such Act (8 

7 U.S.C. 1184(p)) is amended by adding at the end 

8 the following new paragraph: 

9 ‘‘(6) DURATION OF STATUS.—The authorized 

10 period of status of an alien as a nonimmigrant 

11 under section 101(a)(15)(U) shall be 4 years, but—

12 ‘‘(A) shall be extended on a year-by-year 

13 basis upon certification from a Federal, State 

14 or local law enforcement official, prosecutor, 

15 judge, or other Federal, State or local authority 

16 investigating or prosecuting criminal activity 

17 described in section 101(a)(15)(U)(iii) that the 

18 alien’s ongoing presence in the United States is 

19 required to assist in the investigation or pros20 ecution of such criminal activity; and 

21 ‘‘(B) shall be extended if the alien files an 

22 application for adjustment of status under sec23 tion 245(m), until final adjudication of such ap24 plication.’’. 
256

•HR 3402 EH 

1 (2) T VISAS.—Section 214(o) of such Act (8 

2 U.S.C. 1184(o)), as redesignated by section 8(a)(3) 

3 of the Trafficking Victims Protection Reauthoriza4 tion Act of 2003 (Public Law 108–193), is amended 

5 by adding at the end the following: 

6 ‘‘(7) The authorized period of status of an alien as 

7 a nonimmigrant status under section 101(a)(15)(T) shall 

8 be 4 years, but—

9 ‘‘(A) shall be extended on a year-by-year basis 

10 upon certification from a Federal, State or local law 

11 enforcement official, prosecutor, judge, or other Fed12 eral, State or local authority investigating or pros13 ecuting criminal activity relating to human traf14 ficking that the alien’s ongoing presence in the 

15 United States is required to assist in the investiga16 tion or prosecution of such criminal activity; and 

17 ‘‘(B) shall be extended if the alien files an ap18 plication for adjustment of status under section 

19 245(l), until final adjudication of such application.’’. 

20 (c) PERMITTING CHANGE OF NONIMMIGRANT STA21 TUS TO U AND T NONIMMIGRANT STATUS.—

22 (1) IN GENERAL.—Section 248 of such Act (8 

23 U.S.C. 1258) is amended—
257

•HR 3402 EH 

1 (A) by striking ‘‘The Attorney General’’ 

2 and inserting ‘‘(a) The Secretary of Homeland 

3 Security’’; 

4 (B) by inserting ‘‘(subject to subsection 

5 (b))’’ after ‘‘except’’; and 

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

7 subsection: 

8 ‘‘(b) The limitation based on inadmissibility under 

9 section 212(a)(9)(B) and the exceptions specified in num10 bered paragraphs of subsection (a) shall not apply to a 

11 change of nonimmigrant classification to that of a non12 immigrant under subparagraph (T) or (U) of section 

13 101(a)(15), other than from such classification under sub14 paragraph (C) or (D) of such section.’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 

17 amended by striking ‘‘248(2)’’ and inserting 

18 ‘‘248(a)(2)’’. 

19 (d) CERTIFICATION PROCESS FOR VICTIMS OF TRAF20 FICKING.—

21 (1) VICTIM ASSISTANCE IN INVESTIGATION OR

22 PROSECUTION.—Section 107(b)(1)(E) of the Traf23 ficking Victims Protection Act of 2000 (division A of 

24 Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) is 

25 amended—
258

•HR 3402 EH 

1 (A) in clause (i)(I), by striking ‘‘investiga2 tion and prosecution’’ and inserting ‘‘investiga3 tion or prosecution, by the United States or a 

4 State or local government’’; and 

5 (B) in clause (iii)—

6 (i) by striking ‘‘INVESTIGATION AND

7 PROSECUTION’’ and ‘‘investigation and 

8 prosecution’’ and inserting ‘‘INVESTIGA9 TION OR PROSECUTION’’ and ‘‘investigation 

10 or prosecution’’, respectively; 

11 (ii) in subclause (II), by striking 

12 ‘‘and’’ at the end; 

13 (iii) in subclause (III), by striking the 

14 period and inserting ‘‘; or’’; and 

15 (iv) by adding at the end the following 

16 new subclause: 

17 ‘‘(IV) responding to and cooper18 ating with requests for evidence and 

19 information.’’. 

20 (2) CLARIFYING ROLES OF ATTORNEY GENERAL

21 AND SECRETARY OF HOMELAND SECURITY.—

22 (A) Section 107 of the Trafficking Victims 

23 Protection Act of 2000 (division A of Public 

24 Law 106–386; 22 U.S.C. 7105) is amended—
259

•HR 3402 EH 

1 (i) in subsections (b)(1)(E)(i)(II)(bb), 

2 (b)(1)(E)(ii), (e)(5), and (g), by striking 

3 ‘‘Attorney General’’ and inserting ‘‘Sec4 retary of Homeland Security’’ each place it 

5 appears; and 

6 (ii) in subsection (c), by inserting ‘‘, 

7 Secretary of Homeland Security,’’ after 

8 ‘‘Attorney General’’. 

9 (B) Section 101(a)(15)(T) of the Immigra10 tion and Nationality Act (8 U.S.C. 

11 1101(a)(15)(T)) is amended by striking ‘‘Attor12 ney General’’ and inserting ‘‘Secretary of 

13 Homeland Security’’ each place it appears. 

14 (C) Section 212(d)(13) of the Immigration 

15 and Nationality Act (8 U.S.C. 1182(d)(13)) is 

16 amended—

17 (i) in subparagraph (A), by striking 

18 ‘‘Attorney General’’ and inserting ‘‘Sec19 retary of Homeland Security’’; 

20 (ii) in subparagraph (B), by striking 

21 ‘‘Attorney General’’ the first place it ap22 pears and inserting ‘‘Secretary of Home23 land Security’’; and 

24 (iii) in subparagraph (B), by striking 

25 ‘‘Attorney General, in the Attorney Gen-
260

•HR 3402 EH 

1 eral’s discretion’’ and inserting ‘‘Secretary, 

2 in the Secretary’s discretion’’. 

3 (D) Section 101(i) of the Immigration and 

4 Nationality Act (8 U.S.C. 1101(i)) is amend5 ed—

6 (i) in paragraph (1), by striking ‘‘At7 torney General’’ and inserting ‘‘Secretary 

8 of Homeland Security, the Attorney Gen9 eral,’’; and 

10 (ii) in paragraph (2), by striking ‘‘At11 torney General’’ and inserting ‘‘Secretary 

12 of Homeland Security’’. 

13 (E) Section 245(l) of the Immigration and 

14 Nationality Act (8 U.S.C. 1255(l)) is amend15 ed—

16 (i) by striking ‘‘Attorney General’’ 

17 and inserting ‘‘Secretary of Homeland Se18 curity’’ the first place it appears in para19 graphs (1) and (2) and in paragraph (5); 

20 (ii) by striking ‘‘Attorney General’’ 

21 and inserting ‘‘Secretary’’ the second place 

22 it appears in paragraphs (1) and (2); and 

23 (iii) in paragraph (2), by striking ‘‘At24 torney General’s’’ and inserting ‘‘Sec25 retary’s’’. 
261

•HR 3402 EH 

1 (3) REQUEST BY STATE AND LOCAL LAW EN2 FORCEMENT OFFICIALS.—Section 107(c)(3) of the 

3 Trafficking Victims Protection Act of 2000 (division 

4 A of Public Law 106–386; 22 U.S.C. 7105(c)(3)) is 

5 amended by adding at the end the following: ‘‘State 

6 or local law enforcement officials may request that 

7 such Federal law enforcement officials permit the 

8 continued presence of trafficking victims. If such a 

9 request contains a certification that a trafficking vic10 tim is a victim of a severe form of trafficking, such 

11 Federal law enforcement officials may permit the 

12 continued presence of the trafficking victim in ac13 cordance with this paragraph.’’. 

14 (e) EFFECTIVE DATES.—

15 (1) IN GENERAL.—The amendments made by 

16 subsections (a), (b)(1), (c), and (d)(3) shall take ef17 fect on the date of the enactment of this Act. 

18 (2) TRANSITION FOR DURATION OF T VISAS.—

19 In the case of an alien who is classified as a non20 immigrant under section 101(a)(15)(T) of the Immi21 gration and Nationality Act (8 U.S.C. 

22 1101(a)(15)(T)) before the the date of implementa23 tion of the amendment made by subsection (b)(2) 

24 and whose period of authorized stay was less than 

25 4 years, the authorized period of status of the alien 
262

•HR 3402 EH 

1 as such a nonimmigrant shall be extended to be 4 

2 years and shall be further extended on a year-by3 year basis as provided in section 214(o)(7) of such 

4 Act, as added by such amendment. 

5 (3) CERTIFICATION PROCESS.—(A) The amend6 ments made by subsection (d)(1) shall be effective as 

7 if included in the enactment of VAWA–2000. 

8 (B) The amendments made by subsection (d)(2) 

9 shall be effective as of the applicable date of transfer 

10 of authority from the Attorney General to the Sec11 retary of Homeland Security under the Homeland 

12 Security Act of 2002 (Public Law 107–296). 

13 SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER 

14 HARDSHIP WAIVERS FOR CONDITIONAL PER15 MANENT RESIDENCE. 

16 (a) IN GENERAL.—Section 216(c)(4) of the Immigra17 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend18 ed by adding at the end the following: ‘‘An application 

19 for relief under this paragraph may be based on one or 

20 more grounds specified in subparagraphs (A) through (D) 

21 and may be amended at any time to change the ground 

22 or grounds for such relief without the application being 

23 resubmitted.’’. 

24 (b) APPEALS.—Such section is further amended by 

25 adding at the end the following: ‘‘Such an application may 
263

•HR 3402 EH 

1 not be considered if there is a final removal order in effect 

2 with respect to the alien.’’. 

3 (c) CONFORMING AMENDMENT.—Section 

4 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 

5 is amended by inserting before the period at the end the 

6 following: ‘‘or qualifies for a waiver under section 

7 216(c)(4)’’. 

8 (d) EFFECTIVE DATES.—

9 (1) The amendment made by subsection (a) 

10 shall apply to applications for relief pending or filed 

11 on or after April 10, 2003. 

12 (2) The amendment made by subsection (b) 

13 shall apply to applications for relief filed on or after 

14 the date of the enactment of this Act. 

15 SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF16 FICKING. 

17 (a) REDUCTION IN REQUIRED PERIOD OF PRESENCE

18 AUTHORIZED.—

19 (1) IN GENERAL.—Section 245(l) of the Immi20 gration and Nationality Act (8 U.S.C. 1255(l)) is 

21 amended—

22 (A) in paragraph (1)(A), by inserting 

23 ‘‘subject to paragraph (6),’’ after ‘‘(A)’’; 

24 (B) in paragraph (1)(A), by inserting after 

25 ‘‘since’’ the following: ‘‘the earlier of (i) the 
264

•HR 3402 EH 

1 date the alien was granted continued presence 

2 under section 107(c)(3) of the Trafficking Vic3 tims Protection Act of 2000, or (ii)’’; and 

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

5 paragraph: 

6 ‘‘(6) The Secretary of Homeland Security may waive 

7 or reduce the period of physical presence required under 

8 paragraph (1)(A) for an alien’s adjustment of status 

9 under this subsection if a Federal, State, or local law en10 forcement official investigating or prosecuting trafficking 

11 described in section 101(a)(15)(T)(i) in relation to the 

12 alien or the alien’s spouse, child, parent, or sibling certifies 

13 that the official has no objection to such waiver or reduc14 tion.’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 107(c) of the Trafficking Victims Protection Act of 

17 2000 (division A of Public Law 106–386; 22 U.S.C. 

18 7105(c)) is amended by adding at the end the fol19 lowing new paragraph: 

20 ‘‘(5) CERTIFICATION OF NO OBJECTION FOR

21 WAIVER OR REDUCTION OF PERIOD OF REQUIRED

22 PHYSICAL PRESENCE FOR ADJUSTMENT OF STA23 TUS.—In order for an alien to have the required pe24 riod of physical presence under paragraph (1)(A) of 

25 section 245(l) of the Immigration and Nationality 
265

•HR 3402 EH 

1 Act waived or reduced under paragraph (6) of such 

2 section, a Federal, State, and local law enforcement 

3 official investigating or prosecuting trafficking de4 scribed in section 101(a)(15)(T)(i) in relation to the 

5 alien or the alien’s spouse, child, parent, or sibling 

6 may provide for a certification of having no objection 

7 to such waiver or reduction.’’. 

8 (b) TREATMENT OF GOOD MORAL CHARACTER.—

9 Section 245(l) of the Immigration and Nationality Act (8 

10 U.S.C. 1255(l)), as amended by subsection (a)(1), is 

11 amended—

12 (1) in paragraph (1)(B), by inserting ‘‘subject 

13 to paragraph (7),’’ after ‘‘(B)’’; and 

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

15 paragraph: 

16 ‘‘(7) For purposes of paragraph (1)(B), the Secretary 

17 of Homeland Security, in the Secretary’s sole unreviewable 

18 discretion, may waive consideration of a disqualification 

19 from good moral character described in section 101(f) with 

20 respect to an alien if there is a connection between the 

21 disqualification and the trafficking with respect to the 

22 alien described in section 101(a)(15)(T)(i).’’. 

23 (c) ANNUAL REPORT ON TRAINING OF LAW EN24 FORCEMENT.—
266

•HR 3402 EH 

1 (1) IN GENERAL.—Section 107(g) of the Traf2 ficking Victims Protection Act of 2000 (division A of 

3 Public Law 106–386; 22 U.S.C. 7105(g)) is amend4 ed by adding at the end the following: ‘‘Each such 

5 report shall also include statistics regarding the 

6 number of law enforcement officials who have been 

7 trained in the identification and protection of traf8 ficking victims and certification for assistance as 

9 nonimmigrants under section 101(a)(15)(T) of such 

10 Act.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall apply to annual reports be13 ginning with the report for fiscal year 2006. 

14 Subtitle B—VAWA Petitioners 

15 SEC. 911. DEFINITION OF VAWA PETITIONER. 

16 (a) IN GENERAL.—Section 101(a) of the Immigra17 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 

18 by adding at the end the following new paragraph: 

19 ‘‘(51) The term ‘VAWA petitioner’ means an alien 

20 whose application or petition for classification or relief 

21 under any of the following provisions (whether as a prin22 cipal or as a derivative) has been filed and has not been 

23 denied after exhaustion of administrative appeals: 

24 ‘‘(A) Clause (iii), (iv), or (vii) of section 

25 204(a)(1)(A). 
267

•HR 3402 EH 

1 ‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 

2 ‘‘(C) Subparagraph (C) or (D) of section 

3 216(c)(4). 

4 ‘‘(D) The first section of Public Law 89–732 

5 (commonly known as the Cuban Adjustment Act) as 

6 a child or spouse who has been battered or subjected 

7 to extreme cruelty. 

8 ‘‘(E) Section 902(d)(1)(B) of the Haitian Ref9 ugee Immigration Fairness Act of 1998 (division A 

10 of section 101(h) of Public Law 105–277). 

11 ‘‘(F) Section 202(d)(1) of the Nicaraguan Ad12 justment and Central American Relief Act (8 U.S.C. 

13 1255 note; Public Law 105–100). 

14 ‘‘(G) Section 309(c)(5) of the Illegal Immigra15 tion Reform and Immigrant Responsibility Act of 

16 1996 (division C of Public Law 104–208; 8 U.S.C. 

17 1101 note).’’. 

18 (b) CONFORMING AMENDMENTS.—

19 (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 

20 U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking 

21 ‘‘qualifies for immigrant status under subparagraph 

22 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

23 204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’. 

24 (2) Section 212(a)(9)(C)(ii) of such Act (8 

25 U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to 
268

•HR 3402 EH 

1 whom the Attorney General has granted classifica2 tion under clause (iii), (iv), or (v) of section 

3 204(a)(1)(A), or classification under clause (ii), (iii), 

4 or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

5 VAWA petitioner’’. 

6 (3) Subsections (h)(1)(C) and (g)(1)(C) of sec7 tion 212 (8 U.S.C. 1182) is amended by striking 

8 ‘‘qualifies for classification under clause (iii) or (iv) 

9 of section 204(a)(1)(A) or classification under clause 

10 (ii) or (iii) of section 204(a)(1)(B)’’ and inserting 

11 ‘‘is a VAWA petitioner’’. 

12 (4) Section 212(i)(1) of such Act (8 U.S.C. 

13 1182(i)(1)) is amended by striking ‘‘an alien granted 

14 classification under clause (iii) or (iv) of section 

15 204(a)(1)(A) or clause (ii) or (iii) of section 

16 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 

17 (5) Section 237(a)(1)(H)(ii) of such Act (8 

18 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 

19 an alien who qualifies for classification under clause 

20 (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 

21 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

22 VAWA petitioner’’. 

23 (6) Section 240A(b)(4)(B) of such Act (8 

24 U.S.C. 1229b(b)(4)(B)) is amended by striking 

25 ‘‘they were applications filed under section 204(a)(1) 
269

•HR 3402 EH 

1 (A)(iii), (A)(iv), (B)(ii), or (B)(iii)’’ and inserting 

2 ‘‘the applicants were VAWA petitioners’’. 

3 (7) Section 245(a) of such Act (8 U.S.C. 

4 1255(a)) is amended by striking ‘‘under subpara5 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

6 204(a)(1) or’’ and inserting ‘‘as a VAWA peti7 tioner’’. 

8 (8) Section 245(c) of such Act (8 U.S.C. 

9 1255(c)) is amended by striking ‘‘under subpara10 graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), 

11 (B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert12 ing ‘‘as a VAWA petitioner’’. 

13 (9) For additional conforming amendments to 

14 sections 212(a)(4)(C)(i) and 240(c)(7)(C)(iv)(I) of 

15 the Immigration and Nationality Act, see sections 

16 832(b)(2) and 817(a) of this Act. 

17 SEC. 912. SELF-PETITIONING FOR CHILDREN. 

18 (a) SELF-PETITIONING BY CHILDREN OF PARENT19 ABUSERS UPON DEATH OR OTHER TERMINATION OF

20 PARENT-CHILD RELATIONSHIP.—

21 (1) CITIZEN PARENTS.—Section 

22 204(a)(1)(A)(iv) of the Immigration and Nationality 

23 Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended—

24 (A) by striking ‘‘or who’’ and inserting 

25 ‘‘who’’; and 
270

•HR 3402 EH 

1 (B) by inserting after ‘‘domestic violence,’’ 

2 the following: ‘‘or who was a child of a United 

3 States citizen parent who within the past 2 

4 years (or, if later, two years after the date the 

5 child attains 18 years of age) died or otherwise 

6 terminated the parent-child relationship (as de7 fined under section 101(b)),’’. 

8 (2) LAWFUL PERMANENT RESIDENT PAR9 ENTS.—

10 (A) IN GENERAL.—Section 

11 204(a)(1)(B)(iii) of such Act (8 U.S.C. 

12 1154(a)(1)(B)(iii)) is amended—

13 (i) by striking ‘‘or who’’ and inserting 

14 ‘‘who’’; and 

15 (ii) by inserting after ‘‘domestic vio16 lence,’’ the following: ‘‘or who was a child 

17 of a lawful permanent resident resident 

18 who within the past 2 years (or, if later, 

19 two years after the date the child attains 

20 18 years of age) died or otherwise termi21 nated the parent-child relationship (as de22 fined under section 101(b)),’’. 

23 (B) CONFORMING TREATMENT OF DE24 CEASED SPOUSES.—Section 

25 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 
271

•HR 3402 EH 

1 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is 

2 amended—

3 (i) by redesignating subitems (aaa) 

4 and (bbb) as subitems (bbb) and (ccc), re5 spectively; and 

6 (ii) by inserting before subitem (bbb), 

7 as so redesignated, the following: 

8 ‘‘(aaa) whose spouse died within the past 

9 2 years;’’. 

10 (3) EFFECTIVE DATES.—

11 (A) IN GENERAL.—Subject to subpara12 graph (B), the amendment made by paragraphs 

13 (1) and (2) shall take effect on the date of the 

14 enactment of this Act. 

15 (B) TRANSITION IN CASE OF CITIZEN PAR16 ENTS WHO DIED BEFORE ENACTMENT.—In ap17 plying the amendments made by paragraphs (1) 

18 and (2)(A) in the case of an alien whose citizen 

19 parent or lawful permanent resident parent died 

20 or whose parent-child relationship with such 

21 parent terminated during the period beginning 

22 on October 28, 1998, and ending on the date 

23 of the enactment of this Act, the following rules 

24 apply: 
272

•HR 3402 EH 

1 (i) The reference to ‘‘within the past 

2 2 years’’ in section 204(a)(1)(A)(iv) or 

3 204(a)(1)(B)(iii), respectively, of the Im4 migration and Nationality Act in the mat5 ter inserted by such paragraph is deemed 

6 to be a reference to such period. 

7 (ii) The petition must be filed under 

8 such section within 2 years after the date 

9 of the enactment of this Act (or, if later, 

10 2 years after the alien’s 18th birthday). 

11 (iii) The determination of eligibility 

12 for benefits as a child under such section 

13 (including under section 204(a)(1)(D) of 

14 the Immigration and Nationality Act by 

15 reason of a petition authorized under such 

16 section) shall be determined as of the date 

17 of the death of the citizen parent or lawful 

18 permanent resident parent or the termi19 nation of the parent-child relationship. 

20 (b) PROTECTING VICTIMS OF CHILD ABUSE FROM

21 AGING OUT.—

22 (1) CLARIFICATION REGARDING CONTINUATION

23 OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF

24 CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi-
273

•HR 3402 EH 

1 gration and Nationality Act (8 U.S.C. 

2 1154(a)(1)(D)(i)(I)) is amended—

3 (A) by striking ‘‘clause (iv) of section 

4 204(a)(1)(A)’’ and inserting ‘‘subparagraph 

5 (A)(iv)’’ each place it appears; and 

6 (B) by striking ‘‘a petitioner for preference 

7 status under paragraph (1), (2), or (3) of sec8 tion 203(a), whichever paragraph is applicable’’ 

9 and inserting ‘‘to continue to be treated as an 

10 immediate relative under section 

11 201(b)(2)(A)(i), or a petitioner for preference 

12 status under section 203(a)(3) if subsequently 

13 married’’. 

14 (2) CLARIFICATION REGARDING APPLICATION

15 TO CHILDREN OF LAWFUL PERMANENT RESI16 DENTS.—Section 204(a)(1)(D) of such Act (8 

17 U.S.C. 1154(a)(1)(D)) is amended—

18 (A) in clause (i)(I)—

19 (i) by inserting after the first sentence 

20 the following new sentence: ‘‘Any child who 

21 attains 21 years of age who has filed a pe22 tition under subparagraph (B)(iii) that was 

23 filed or approved before the date on which 

24 the child attained 21 year of age shall be 

25 considered (if the child has not been ad-
274

•HR 3402 EH 

1 mitted or approved for lawful permanent 

2 residence by the date the child attained 21 

3 years of age) a petitioner for preference 

4 status under section 203(a)(2)(A), with the 

5 same priority date assigned to the self-peti6 tion filed under such subparagraph.’’; and 

7 (ii) in the last sentence, by inserting 

8 ‘‘in either such case’’ after ‘‘shall be re9 quired to be filed’’; 

10 (B) in clause (i)(III), by striking ‘‘para11 graph (1), (2), or (3) of section 203(a)’’ and in12 serting ‘‘section 203(a)(2)(A)’’; and 

13 (C) in clause (ii), by striking ‘‘(A)(iii), 

14 (A)(iv),’’. 

15 (3) EFFECTIVE DATE.—The amendments made 

16 by this subsection shall apply to applications filed 

17 before, on, or after the date of the enactment of 

18 VAWA–2000. 

19 (c) CLARIFICATION OF NO SEPARATE ADJUSTMENT

20 APPLICATION FOR DERIVATIVE CHILDREN.—

21 (1) IN GENERAL.—Section 245(a) of the Immi22 gration and Nationality Act (8 U.S.C. 1255(a)) is 

23 amended by adding at the end the following: ‘‘In the 

24 case of a petition under clause (ii), (iii), or (iv) of 

25 section 204(a)(1)(A) that includes an individual as 
275

•HR 3402 EH 

1 a derivative child of a principal alien, no adjustment 

2 application other than the adjustment application of 

3 the principal alien shall be required for adjustment 

4 of status of the individual under this subsection or 

5 subsection (c).’’. 

6 (2) EFFECTIVE DATE.—The amendment made 

7 by paragraph (1) shall take effect on the date of the 

8 enactment of this Act and shall apply to applications 

9 filed before, on, or after such date. 

10 (d) LATE PETITION PERMITTED FOR ADULTS

11 ABUSED AS CHILDREN.—

12 (1) IN GENERAL.—Section 204(a)(1)(D) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1154(a)(1)(D)), is amended by adding at the end 

15 the following new clause: 

16 ‘‘(iv) In the case of an alien who qualified to petition 

17 under subparagraph (A)(iv) or (B)(iii) as of the date the 

18 individual attained 21 years of age, the alien may file a 

19 petition under such respective subparagraph notwith20 standing that the alien has attained such age or been mar21 ried so long as the petition is filed before the date the 

22 individual attains 25 years of age. In the case of such a 

23 petition, the alien shall remain eligible for adjustment of 

24 status as a child notwithstanding that the alien has at25 tained 21 years of age or has married, or both.’’. 
276

•HR 3402 EH 

1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall take effect on the date of the 

3 enactment of this Act and shall apply to individuals 

4 who attain 21 years of age on or after the date of 

5 the enactment of VAWA–2000. 

6 SEC. 913. SELF-PETITIONING PARENTS. 

7 (a) IN GENERAL.—Section 204(a)(1)(A) of the Im8 migration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) 

9 is amended by adding at the end the following new clause: 

10 ‘‘(vii) An alien who—

11 ‘‘(I) is the parent of a citizen of the United 

12 States or was a parent of a citizen of the United 

13 States who within the past 2 years lost or renounced 

14 citizenship status related to battering or extreme 

15 cruelty by the United States citizen son or daughter 

16 or who within the past two years died; 

17 ‘‘(II) is a person of good moral character; 

18 ‘‘(III) is eligible to be classified as an imme19 diate relative under section 201(b)(2)(A)(i) by virtue 

20 of the alien’s relationship to the son or daughter re21 ferred to in subclause (I); and 

22 ‘‘(IV) resides, or has resided in the past, with 

23 the citizen daughter or son; 

24 may file a petition with the Secretary of Homeland Secu25 rity under this subparagraph for classification of the alien 
277

•HR 3402 EH 

1 under such section if the alien demonstrates that the alien 

2 has been battered by or has been the subject of extreme 

3 cruelty perpetrated by the alien’s citizen son or daugh4 ter.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall take effect on the date of the enact7 ment of this Act. 

8 SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICA9 TIONS. 

10 (a) IN GENERAL.—Section 204(a)(1) of the Immi11 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 

12 amended—

13 (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 

14 by striking ‘‘an incident of domestic violence’’ and 

15 inserting ‘‘battering or extreme cruelty by the 

16 United States citizen spouse’’; 

17 (2) in subparagraph (A)(iv), by striking ‘‘an in18 cident of domestic violence’’ and inserting ‘‘battering 

19 or extreme cruelty by such parent’’; 

20 (3) in subparagraph (B)(ii)(II)(aa)(CC)(bbb), 

21 as redesignated by section 912(a)(2)(B)(i), by strik22 ing ‘‘due to an incident of domestic violence’’ and in23 serting ‘‘related to battering or extreme cruelty by 

24 the lawful permanent resident spouse’’; and 
278

•HR 3402 EH 

1 (4) in subparagraph (B)(iii), by striking ‘‘due 

2 to an incident of domestic violence’’ and inserting 

3 ‘‘related to battering or extreme cruelty by such par4 ent’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect as if included in the enact7 ment of VAWA–2000. 

8 SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING AC9 TIONS ON PETITIONS AND APPLICATIONS 

10 FOR RELIEF. 

11 (a) RELIEF.—

12 (1) LIMITATION ON REMOVAL OR DEPORTA13 TION.—Section 237 of the Immigration and Nation14 ality Act (8 U.S.C. 1227) is amended by adding at 

15 the end the following new subsection: 

16 ‘‘(d)(1) In the case of an alien in the United States 

17 for whom a petition as a VAWA petitioner has been filed, 

18 if the petition sets forth a prima facie case for approval, 

19 the Secretary of Homeland Security, in the Secretary’s 

20 sole unreviewable discretion, may grant the alien deferred 

21 action until the petition is approved or the petition is de22 nied after exhaustion of administrative appeals. In the 

23 case of the approval of such petition, such deferred action 

24 may be extended until a final determination is made on 

25 an application for adjustment of status. 
279

•HR 3402 EH 

1 ‘‘(2) In the case of an alien in the United States for 

2 whom an application for nonimmigrant status (whether as 

3 a principal or derivative child) under subparagraph (T) 

4 or (U) of section 101(a)(15) has been filed, if the applica5 tion sets forth a prima facie case for approval, the Sec6 retary of Homeland Security, in the Secretary’s sole 

7 unreviewable discretion, may grant the alien deferred ac8 tion until the application is approved or the application 

9 is denied after exhaustion of administrative appeals. 

10 ‘‘(3) During a period in which an alien is provided 

11 deferred action under this subsection, the alien shall not 

12 be removed or deported. ’’. 

13 (2) LIMITATION ON DETENTION.—Section 236 

14 of such Act (8 U.S.C. 1226) is amended by adding 

15 at the end the following new subsection: 

16 ‘‘(f) LIMITATION ON DETENTION OF CERTAIN VIC17 TIMS OF VIOLENCE.—(1) An alien for whom a petition 

18 as a VAWA petitioner has been approved or for whom an 

19 application for nonimmigrant status (whether as a prin20 cipal or derivative child) under subparagraph (T) or (U) 

21 of section 101(a)(15) has been approved, subject to para22 graph (2), the alien shall not be detained if the only basis 

23 for detention is a ground for which—
280

•HR 3402 EH 

1 ‘‘(A) a waiver is provided under section 212(h), 

2 212(d)(13), 212(d)(14), 237(a)(7), or 

3 237(a)(2)(a)(V); or 

4 ‘‘(B) there is an exception under section 

5 204(a)(1)(C). 

6 ‘‘(2) Paragraph (1) shall not apply in the case of de7 tention that is required under subsection (c) or section 

8 236A.’’. 

9 (3) EMPLOYMENT AUTHORIZATION.—

10 (A) FOR VAWA PETITIONERS.—Section 

11 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 

12 amended by adding at the end the following: 

13 ‘‘(K)(i) In the case of an alien for whom a petition 

14 as a VAWA petitioner is approved, the alien is eligible for 

15 work authorization and shall be provided an ‘employment 

16 authorized’ endorsement or other appropriate work per17 mit.’’. 

18 (B) FOR ALIENS WITH APPROVED T

19 VISAS.—Section 214(o) of such Act (8 U.S.C. 

20 1184(o)), as amended by section 901(b)(2), is 

21 amended by adding at the end the following 

22 new paragraph: 

23 ‘‘(8) In the case of an alien for whom an application 

24 for nonimmigrant status (whether as a principal or deriva25 tive) under section 101(a)(15)(T) has been approved, the 
281

•HR 3402 EH 

1 alien is eligible for work authorization and shall be pro2 vided an ‘employment authorized’ endorsement or other 

3 appropriate work permit.’’. 

4 (4) PROCESSING OF APPLICATIONS.—Section 

5 204(a)(1)(K) of the Immigration and Nationality 

6 Act (8 U.S.C. 1154(a)(1)(K)), as added by para7 graph (3)(A), is amended by adding at the end the 

8 following: 

9 ‘‘(ii) A petition as a VAWA petitioner shall be proc10 essed without regard to whether a proceeding to remove 

11 or deport such alien is brought or pending.’’. 

12 (5) EFFECTIVE DATE.—The amendments made 

13 by this subsection shall take effect on the date of the 

14 enactment of this Act and shall apply to petitions 

15 and applications filed before, on, or after such date. 

16 (b) APPLICANTS FOR CANCELLATION OF REMOVAL

17 OR SUSPENSION OF DEPORTATION.—

18 (1) IN GENERAL.—Section 240A(b)(2) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1229b(b)(2)) is amended by adding at the end the 

21 following new subparagraph: 

22 ‘‘(E) RELIEF WHILE APPLICATION PEND23 ING.—In the case of an alien who has applied 

24 for relief under this paragraph and whose appli25 cation sets forth a prima facie case for such re-
282

•HR 3402 EH 

1 lief or who has filed an application for relief 

2 under section 244(a)(3) (as in effect on March 

3 31, 1997) that sets forth a prima facie case for 

4 such relief—

5 ‘‘(i) the alien shall not be removed or 

6 deported until the application has been ap7 proved or, in the case it is denied, until all 

8 opportunities for appeal of the denial have 

9 been exhausted; and 

10 ‘‘(ii) such an application shall be proc11 essed without regard to whether a pro12 ceeding to remove or deport such alien is 

13 brought or pending.’’. 

14 (2) EFFECTIVE DATE.—The amendment made 

15 by paragraph (1) shall take effect on the date of the 

16 enactment of this Act and shall apply to applications 

17 filed before, on, or after such date. 

18 SEC. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF 

19 MANNER OF ENTRY. 

20 (a) FIANCEES.—

21 (1) SELF-PETITIONING.—Section 

22 204(a)(1)(A)(iii) of the Immigration and Nationality 

23 Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended—

24 (A) in subclause (I)(bb), by inserting after 

25 ‘‘during the marriage’’ the following: ‘‘or rela-
283

•HR 3402 EH 

1 tionship intended by the alien to be legally a 

2 marriage or to conclude in a valid marriage’’; 

3 (B) in subclause (II)(aa)—

4 (i) by striking ‘‘or’’ at the end of 

5 subitem (BB); 

6 (ii) by inserting ‘‘or’’ at the end of 

7 subitem (CC); and 

8 (iii) by adding at the end the fol9 lowing new subitem: 

10 ‘‘(DD) who entered the United States as an 

11 alien described in section 101(a)(15)(K) with the in12 tent to enter into a valid marriage and the alien (or 

13 child of the alien) was battered or subject to extreme 

14 cruelty in the United States by the United States 

15 citizen who filed the petition to accord status under 

16 such section;’’; 

17 (C) in subclause (II)(cc), by striking ‘‘or 

18 who’’ and inserting ‘‘, who’’ and by inserting 

19 before the semicolon at the end the following: ‘‘, 

20 or who is described in subitem (aa)(DD)’’; and 

21 (D) in subclause (II)(dd), by inserting ‘‘or 

22 who is described in subitem (aa)(DD)’’ before 

23 the period at the end. 

24 (2) EXCEPTION FROM REQUIREMENT TO DE25 PART.—Section 214(d) of such Act (8 U.S.C. 
284

•HR 3402 EH 

1 1184(d)) is amended by inserting before the period 

2 at the end the following: ‘‘unless the alien (and the 

3 child of the alien) entered the United States as an 

4 alien described in section 101(a)(15)(K) with the in5 tent to enter into a valid marriage and the alien or 

6 child was battered or subject to extreme cruelty in 

7 the United States by the United States citizen who 

8 filed the petition to accord status under such sec9 tion’’. 

10 (3) EFFECTIVE DATE.—The amendments made 

11 by this subsection shall take effect on the date of the 

12 enactment of this Act and shall apply to aliens ad13 mitted before, on, or after such date. 

14 (b) SPOUSES WHO ARE CONDITIONAL PERMANENT

15 RESIDENTS.—

16 (1) IN GENERAL.—Section 245(d) of the Immi17 gration and Nationality Act (8 U.S.C. 1255(d)) is 

18 amended—

19 (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

20 (B) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) Paragraph (1) shall not apply to an alien who 

23 seeks adjustment of status on the basis of an approved 

24 petition for classification as a VAWA petitioner.’’. 
285

•HR 3402 EH 

1 (2) CONFORMING APPLICATION IN CANCELLA2 TION OF REMOVAL.—Section 240A(b)(2)(A)(i) of 

3 such Act (8 U.S.C. 1229b(b)(2)(A)(i)) is amended—

4 (A) by striking ‘‘or’’ at the end of sub5 clause (II); 

6 (B) by adding ‘‘or’’ at the end of subclause 

7 (III); and 

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

9 subclause: 

10 ‘‘(IV) the alien entered the United 

11 States as an alien described in section 

12 101(a)(15)(K) with the intent to enter into 

13 a valid marriage and the alien (or the child 

14 of the alien who is described in such sec15 tion) was battered or subject to extreme 

16 cruelty in the United States by the United 

17 States citizen who filed the petition to ac18 cord status under such section;’’. 

19 (3) EXCEPTION TO RESTRICTION ON ADJUST20 MENT OF STATUS.—The second sentence of section 

21 245(d)(1) of such Act (8 U.S.C. 1255(d)(1)), as des22 ignated by paragraph (1)(A), is amended by insert23 ing ‘‘who is not described in section 

24 204(a)(1)(A)(iii)(II)(aa)(DD)’’ after ‘‘alien described 

25 in section 101(a)(15)(K)’’. 
286

•HR 3402 EH 

1 (4) APPLICATION UNDER SUSPENSION OF DE2 PORTATION.—Section 244(a)(3) of such Act (as in 

3 effect on March 31, 1997) shall be applied (as if in 

4 effect on such date) as if the phrase ‘‘is described 

5 in section 240A(b)(2)(A)(i)(IV) or’’ were inserted 

6 before ‘‘has been battered’’ the first place it appears. 

7 (5) EFFECTIVE DATE.—The amendments made 

8 by this subsection, and the provisions of paragraph 

9 (4), shall take effect on the date of the enactment 

10 of this Act and shall apply to applications for adjust11 ment of status, for cancellation of removal, or for 

12 suspension of deportation filed before, on, or after 

13 such date. 

14 (c) INFORMATION ON CERTAIN CONVICTIONS AND

15 LIMITATION ON PETITIONS FOR K NONIMMIGRANT PETI16 TIONERS.—Section 214(d) of the Immigration and Na17 tionality Act (8 U.S.C. 1184(d)) is amended—

18 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

19 (2) by inserting after the second sentence the 

20 following: ‘‘Such information shall include informa21 tion on any criminal convictions of the petitioner for 

22 domestic violence, sexual assault, or child abuse.’’; 

23 and 

24 (3) by adding at the end the following: 
287

•HR 3402 EH 

1 ‘‘(2)(A) Subject to subparagraph (B), a consular offi2 cer may not approve a petition under paragraph (1) unless 

3 the officer has verified that—

4 ‘‘(i) the petitioner has not, previous to the 

5 pending petition, petitioned under paragraph (1) 

6 with respect to more than 2 applying aliens; and 

7 ‘‘(ii) if the petitioner has had such a petition 

8 previously approved, 2 years have elapsed since the 

9 filing of such previously approved petition. 

10 ‘‘(B) The Secretary of Homeland Security may, in 

11 the discretion of the Secretary, waive the limitation in sub12 paragraph (A), if justification exists for such a waiver. 

13 ‘‘(3) For purposes of this subsection—

14 ‘‘(A) the term ‘child abuse’ means a felony or 

15 misdemeanor crime, as defined by Federal or State 

16 law, committed by an offender who is a stranger to 

17 the victim, or committed by an offender who is 

18 known by, or related by blood or marriage to, the 

19 victim, against a victim who has not attained the 

20 lesser of—

21 ‘‘(i) 18 years of age; or 

22 ‘‘(ii) except in the case of sexual abuse, the 

23 age specified by the child protection law of the 

24 State in which the child resides; and 
288

•HR 3402 EH 

1 ‘‘(B) the terms ‘domestic violence’ and ‘sexual 

2 assault’ have the meaning given such terms in sec3 tion 2003 of title I of the Omnibus Crime Control 

4 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

5 2).’’. 

6 (d) SPOUSES AND CHILDREN OF ASYLUM APPLI7 CANTS UNDER ADJUSTMENT PROVISIONS.—

8 (1) IN GENERAL.—Section 209(b)(3) of the Im9 migration and Nationality Act (8 U.S.C. 1159(b)(3)) 

10 is amended—

11 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

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

13 ‘‘(B) was the spouse of a refugee within the 

14 meaning of section 101(a)(42)(A) at the time the 

15 asylum application was granted and who was bat16 tered or was the subject of extreme cruelty per17 petrated by such refugee or whose child was battered 

18 or subjected to extreme cruelty by such refugee 

19 (without the active participation of such spouse in 

20 the battery or cruelty), or 

21 ‘‘(C) was the child of a refugee within the 

22 meaning of section 101(a)(42)(A) at the time of the 

23 filing of the asylum application and who was bat24 tered or was the subject of extreme cruelty per25 petrated by such refugee,’’. 
289

•HR 3402 EH 

1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall take effect on the date of the 

3 enactment of this Act and—

4 (A) section 209(b)(3)(B) of the Immigra5 tion and Nationality Act, as added by para6 graph (1)(B), shall apply to spouses of refugees 

7 for whom an asylum application is granted be8 fore, on, or after such date; and 

9 (B) section 209(b)(3)(C) of such Act, as so 

10 added, shall apply with respect to the child of 

11 a refugee for whom an asylum application is 

12 filed before, on, or after such date. 

13 (e) VISA WAIVER ENTRANTS.—

14 (1) IN GENERAL.—Section 217(b)(2) of such 

15 Act (8 U.S.C. 1187(b)(2)) is amended by inserting 

16 after ‘‘asylum,’’ the following: ‘‘as a VAWA peti17 tioner, or for relief under subparagraph (T) or (U) 

18 of section 101(a)(15), under section 240A(b)(2), or 

19 under section 244(a)(3) (as in effect on March 31, 

20 1997),’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the date of the 

23 enactment of this Act and shall apply to waivers 

24 provided under section 217(b)(2) of the Immigration 
290

•HR 3402 EH 

1 and Nationality Act before, on, or after such date as 

2 if it had been included in such waivers. 

3 (f) EXCEPTION FROM FOREIGN RESIDENCE RE4 QUIREMENT FOR EDUCATIONAL VISITORS.—

5 (1) IN GENERAL.—Section 212(e) of such Act 

6 (8 U.S.C. 1182(e)) is amended, in the matter before 

7 the first proviso, by inserting ‘‘unless the alien is a 

8 VAWA petitioner or an applicant for nonimmigrant 

9 status under subparagraph (T) or (U) of section 

10 101(a)(15)’’ after ‘‘for an aggregate of a least two 

11 years following departure from the United States’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall take effect on the date of the 

14 enactment of this Act and shall apply to aliens re15 gardless of whether the foreign residence require16 ment under section 212(e) of the Immigration and 

17 Nationality Act arises out of an admission or acqui18 sition of status under section 101(a)(15)(J) of such 

19 Act before, on, or after the date of the enactment 

20 of this Act. 

21 SEC. 917. ELIMINATING ABUSERS’ CONTROL OVER APPLI22 CATIONS FOR ADJUSTMENTS OF STATUS. 

23 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

24 VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the 

25 Immigration and Nationality Act (8 U.S.C. 
291

•HR 3402 EH 

1 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 

2 of the REAL ID Act of 2005 (division B of Public Law 

3 109–13), is amended—

4 (1) in subclause (I), by striking ‘‘under clause 

5 (iii) or (iv) of section 204(a)(1)(A), clause (ii) or 

6 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a 

7 VAWA petitioner’’; and 

8 (2) in subclause (II), by inserting ‘‘or adjust9 ment of status’’ after ‘‘cancellation of removal’’. 

10 (b) APPLICATION OF VAWA DEPORTATION PROTEC11 TIONS FOR TRANSITIONAL RELIEF TO ALL VAWA PETI12 TIONERS.—Section 1506(c)(2) of the Violence Against 

13 Women Act of 2000 (8 U.S.C. 1229a note) is amended—

14 (1) in subparagraph (A)—

15 (A) by amending clause (i) to read as fol16 lows: 

17 ‘‘(i) if the basis of the motion is to 

18 apply for relief as a VAWA petitioner (as 

19 defined in section 101(a)(51) of the Immi20 gration and Nationality Act (8 U.S.C. 

21 1101(a)(51)) or under section 244(a)(3) of 

22 such Act (8 U.S.C. 1254(a)(3)); and’’; and 

23 (B) in clause (ii), by inserting ‘‘or adjust24 ment of status’’ after ‘‘suspension of deporta25 tion’’; and 
292

•HR 3402 EH 

1 (2) in subparagraph (B)(ii), by striking ‘‘for re2 lief’’ and all that follows through ‘‘1101 note))’’ and 

3 inserting ‘‘for relief described in subparagraph 

4 (A)(i)’’. 

5 (c) APPLICATION OF VAWA-RELATED RELIEF

6 UNDER SECTION 202 OF NACARA.—Section 202(d)(1) 

7 of the Nicaraguan Adjustment and Central American Re8 lief Act (8 U.S.C. 1255 note; Public Law 105–100) is 

9 amended—

10 (1) in subparagraph (B)(ii), by inserting ‘‘, or 

11 was eligible for adjustment,’’ after ‘‘whose status is 

12 adjusted’’; and 

13 (2) in subparagraph (E), by inserting after 

14 ‘‘April 1, 2000’’ the following: ‘‘, or, in the case of 

15 an alien who qualifies under subparagraph (B)(ii), 

16 applies for such adjustment during the 18-month pe17 riod beginning on the date of enactment of the Vio18 lence Against Women Act of 2005’’ . 

19 (d) PETITIONING RIGHTS OF CERTAIN FORMER

20 SPOUSES UNDER CUBAN ADJUSTMENT.—The first sec21 tion of Public Law 89–732 (8 U.S.C. 1255 note) is 

22 amended by adding at the end the following: ‘‘An alien 

23 who was the spouse of any Cuban alien described in this 

24 section and has resided with such spouse shall continue 

25 to be treated as such a spouse for 2 years after the date 
293

•HR 3402 EH 

1 on which the Cuban alien dies (or, if later, 2 years after 

2 the date of enactment of Violence Against Women Act of 

3 2005), or for 2 years after the date of termination of the 

4 marriage (or, if later, 2 years after the date of enactment 

5 of Violence Against Women Act of 2005) if the alien dem6 onstrates a connection between the termination of the 

7 marriage and the battering or extreme cruelty by the 

8 Cuban alien.’’. 

9 (e) SELF-PETITIONING RIGHTS OF HRIFA APPLI10 CANTS.—Section 902(d)(1)(B) of the Haitian Refugee Im11 migration Fairness Act of 1998 (division A of section 

12 101(h) of Public Law 105–277; 112 Stat. 2681–538; 8 

13 U.S.C. 1255 note), as amended by section 1511(a) of 

14 VAWA–2000, is amended—

15 (1) in clause (i), by striking ‘‘whose status is 

16 adjusted to that of an alien lawfully admitted for 

17 permanent residence’’ and inserting ‘‘who is or was 

18 eligible for classification’’; and 

19 (2) in clause (ii), by striking ‘‘whose status is 

20 adjusted to that of an alien lawfully admitted for 

21 permanent residence’’ and inserting ‘‘who is or was 

22 eligible for classification’’. 

23 (f) SELF-PETITIONING RIGHTS UNDER SECTION 203 

24 OF NACARA.—Section 309 of the Illegal Immigration 

25 and Reform and Immigrant Responsibility Act of 1996 
294

•HR 3402 EH 

1 (division C of Public Law 104–208; 8 U.S.C. 1101 note), 

2 as amended by section 203(a) of the Nicaraguan Adjust3 ment and Central American Relief Act (8 U.S.C. 1255 

4 note; Public Law 105–100), is amended—

5 (1) in subsection (c)(5)(C)(i)(VII)(aa), as 

6 amended by section 1510(b) of VAWA–2000—

7 (A) by striking ‘‘or’’ at the end of subitem 

8 (BB); 

9 (B) by striking ‘‘and’’ at the end of 

10 subitem (CC) and inserting ‘‘or’’; and 

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

12 subitem: 

13 ‘‘(DD) at the time at which 

14 the spouse or child files an appli15 cation for suspension of deporta16 tion or cancellation of removal; 

17 and’’; and 

18 (2) in subsection (g)—

19 (A) by inserting ‘‘(1)’’ before ‘‘Notwith20 standing’’; 

21 (B) by inserting ‘‘subject to paragraph 

22 (2),’’ after ‘‘section 101(a) of the Immigration 

23 and Nationality Act)),’’; and 

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

25 paragraph: 
295

•HR 3402 EH 

1 ‘‘(2) There shall be no limitation on a motion to re2 open removal or deportation proceedings in the case of an 

3 alien who is described in subclause (VI) or (VII) of sub4 section (c)(5)(C)(i). Motions to reopen removal or deporta5 tion proceedings in the case of such an alien shall be han6 dled under the procedures that apply to aliens seeking re7 lief under section 204(a)(1)(A)(iii) of the Immigration and 

8 Nationality Act.’’. 

9 (g) LIMITATION ON PETITIONING FOR ABUSER.—

10 Section 204(a)(1) of the Immigration and Nationality Act 

11 (8 U.S.C. 1154(a)(1)), as amended by section 

12 915(a)(3)(A), is amended by adding at the end the fol13 lowing new subparagraph: 

14 ‘‘(L) Notwithstanding the previous provisions of this 

15 paragraph, an individual who was a VAWA petitioner or 

16 who had the status of a nonimmigrant under subpara17 graph (T) or (U) of section 101(a)(15) may not file a peti18 tion for classification under this section or section 214 to 

19 classify any person who committed the battery or extreme 

20 cruelty or trafficking against the individual (or the individ21 ual’s child) which established the individual’s (or individ22 ual’s child’s) eligibility as a VAWA petitioner or for such 

23 nonimmigrant status.’’. 
296

•HR 3402 EH 

1 (h) EFFECTIVE DATE.—Except as otherwise pro2 vided in this section, the amendments made by this section 

3 shall take effect on the date of the enactment of this Act. 

4 SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DE5 RIVATIVES OF TRAFFICKING VICTIMS. 

6 (a) IN GENERAL.—Section 240A(b)(4) of the Immi7 gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 

8 amended—

9 (1) in the heading, by striking ‘‘CHILDREN OF

10 BATTERED ALIENS’’ and inserting ‘‘BATTERED

11 ALIENS, CHILDREN OF BATTERED ALIENS, AND DE12 RIVATIVE FAMILY MEMBERS OF TRAFFICKING VIC13 TIMS,’’; 

14 (2) in subparagraph (A)—

15 (A) by striking ‘‘or’’ at the end of clause 

16 (i); 

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

18 clause (ii) and inserting a semicolon; and 

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

20 clauses: 

21 ‘‘(iii) VAWA petitioner whose petition 

22 was approved based on having been bat23 tered or subjected to extreme cruelty by a 

24 United States citizen spouse, parent, or 
297

•HR 3402 EH 

1 son or daughter and who is admissible and 

2 eligible for an immigrant visa; 

3 ‘‘(iv) VAWA petitioner whose petition 

4 was approved based on having been bat5 tered or subjected to extreme cruelty by a 

6 lawful permanent resident spouse or par7 ent, who is admissible and would be eligi8 ble for an immigrant visa but for the fact 

9 that an immigrant visa is not immediately 

10 available to the alien, and who filed a peti11 tion for classification under section 

12 204(a)(1)(B), if at least 3 years has 

13 elapsed since the petitioner’s priority date; 

14 or 

15 ‘‘(v) an alien whom the Secretary of 

16 State determines would, but for an applica17 tion or approval, meet the conditions for 

18 approval as a nonimmigrant described in 

19 section 101(a)(15)(T)(ii).’’; and 

20 (3) in subparagraph (B)—

21 (A) in the first sentence, by striking ‘‘The 

22 grant of parole’’ and inserting ‘‘(i) The grant of 

23 parole under subparagraph (A)(i) or (A)(ii)’’; 
298

•HR 3402 EH 

1 (B) in the second sentence, by striking 

2 ‘‘covered under this paragraph’’ and inserting 

3 ‘‘covered under such subparagraphs’’; 

4 (C) in the last sentence, by inserting ‘‘of 

5 subparagraph (A)’’ after ‘‘clause (i) or (ii)’’; 

6 and 

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

8 clauses: 

9 ‘‘(ii) The grant of parole under subpara10 graph (A)(iii) or (A)(iv) shall extend from the 

11 date of approval of the applicable petition to the 

12 time the application for adjustment of status 

13 filed by aliens covered under such subpara14 graphs has been finally adjudicated. Applica15 tions for adjustment of status filed by aliens 

16 covered under such subparagraphs shall be 

17 treated as if they were applications filed under 

18 section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 

19 (B)(iii) for purposes of section 245 (a) and (c). 

20 ‘‘(iii) The grant of parole under subpara21 graph (A)(v) shall extend from the date of the 

22 determination of the Secretary of State de23 scribed in such subparagraph to the time the 

24 application for status under section 

25 101(a)(15)(T)(ii) has been finally adjudicated. 
299

•HR 3402 EH 

1 Failure by such an alien to exercise due dili2 gence in filing a visa petition on the alien’s be3 half may result in revocation of parole.’’. 

4 (b) CONFORMING REFERENCE.—Section 212(d)(5) 

5 of such Act (8 U.S.C. 1182(d)(5)) is amended by adding 

6 at the end the following new subparagraph: 

7 ‘‘(C) Parole is provided for certain battered aliens, 

8 children of battered aliens, and parents of battered alien 

9 children under section 240A(b)(4).’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act. 

13 SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIO14 LENCE, SEXUAL ASSAULT AND TRAFFICKING 

15 FROM SANCTIONS FOR FAILURE TO DEPART 

16 VOLUNTARILY. 

17 (a) IN GENERAL.—Section 240B(d) of the Immigra18 tion and Nationality Act (8 U.S.C. 1229c(d)) is amend19 ed—

20 (1) by striking ‘‘If’’ and inserting ‘‘(1) Subject 

21 to paragraph (2), if’’; and 

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

23 paragraph: 

24 ‘‘(2) The ineligibility for relief under paragraph (1) 

25 shall not apply to an alien who is a VAWA petitioner, who 
300

•HR 3402 EH 

1 is seeking status as a nonimmigrant under subparagraph 

2 (T) or (U) of section 101(a)(15), or who is an applicant 

3 for relief under section 240A(b)(2) or under section 

4 244(a)(3) (as in effect on March 31, 1997), if there is 

5 a connection between the failure to voluntarily depart and 

6 the battery or extreme cruelty, trafficking, or criminal ac7 tivity, referred to in the respective provision.’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall apply as if included in the enactment 

10 of the Immigration Reform and Immigrant Responsibility 

11 Act of 1996 (division C of Public Law 104–208) and shall 

12 apply to failures to depart voluntarily occurring before, on, 

13 or after the date of the enactment of this Act. 

14 SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION 

15 FOR VICTIMS OF DOMESTIC VIOLENCE. 

16 (a) IN GENERAL.—Section 319(a) of the Immigra17 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

18 by inserting after ‘‘extreme cruelty by a United States cit19 izen spouse or parent’’ the following: ‘‘, regardless of 

20 whether the lawful permanent resident status was ob21 tained on the basis of such battery or cruelty’’. 

22 (b) USE OF CREDIBLE EVIDENCE.—Such section is 

23 further amended by adding at the end the following: ‘‘The 

24 provisions of section 204(a)(1)(J) shall apply in acting on 

25 an application under this subsection in the same manner 
301

•HR 3402 EH 

1 as they apply in acting on petitions referred to in such 

2 section.’’

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date of the enactment 

5 of this Act and shall apply to applications for naturaliza6 tion filed before, on, or after the date of the enactment 

7 of this Act. 

8 SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF 

9 ADMISSIBILITY OR DEPORTABILITY BASED 

10 ON PROTECTED INFORMATION. 

11 (a) APPLICATION OF RESTRICTIONS ON ADDITIONAL

12 DEPARTMENTS.—Section 384 of the Illegal Immigration 

13 Reform and Immigrant Responsibility Act of 1996 (divi14 sion C of Public Law 104–208; 8 U.S.C. 1367) is amend15 ed—

16 (1) in subsection (a), as amended by section 

17 1513(d) of VAWA–2000—

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

19 striking ‘‘(including any bureau or agency of 

20 such Department)’’ and inserting ‘‘, or the Sec21 retary of Homeland Security, the Secretary of 

22 State, the Secretary of Health and Human 

23 Services, or the Secretary of Labor or any other 

24 official or employee of the Department of 

25 Homeland Security, the Department of State, 
302

•HR 3402 EH 

1 the Department of Health and Human Services, 

2 or the Department of Labor (including any bu3 reau or agency of any such Department)’’; and 

4 (B) in paragraph (2), by striking ‘‘of the 

5 Department,’’ and inserting ‘‘of any such De6 partment,’’; and 

7 (2) in subsection (b)—

8 (A) in paragraphs (1), by striking ‘‘The 

9 Attorney General may provide, in the Attorney 

10 General’s discretion’’ and inserting ‘‘The Attor11 ney General, Secretary of Homeland Security, 

12 Secretary of State, Secretary of Health and 

13 Human Services, and Secretary of Labor may 

14 provide, in each’s discretion’’; 

15 (B) in paragraph (2), by striking ‘‘The At16 torney General may provide in the discretion of 

17 the Attorney General’’ and inserting ‘‘The At18 torney General, Secretary of Homeland Secu19 rity, Secretary of State, Secretary of Health 

20 and Human Services, and the Secretary of 

21 Labor may provide, in each’s discretion’’; and 

22 (C) in paragraph (5), by striking ‘‘is au23 thorized to disclose’’ and inserting ‘‘, Secretary 

24 of Homeland Security, Secretary of State, Sec25 retary of Health and Human Services, and Sec-
303

•HR 3402 EH 

1 retary of Labor, or Attorney General may dis2 close’’. 

3 (b) INCREASING SCOPE OF ALIENS AND INFORMA4 TION PROTECTED.—Subsection (a) of such section is 

5 amended—

6 (1) in paragraph (1)—

7 (A) in the matter before subparagraph (A), 

8 by striking ‘‘furnished solely by’’ and inserting 

9 ‘‘furnished by or derived from information pro10 vided solely by’’; 

11 (B) by striking ‘‘or’’ at the end of subpara12 graph (D); 

13 (C) by adding ‘‘or’’ at the end of subpara14 graph (E); and 

15 (D) by inserting after subparagraph (E) 

16 the following new subparagraph: 

17 ‘‘(F) in the case of an alien applying for 

18 continued presence as a victim of trafficking 

19 under section 107(b)(1)(E)(i)(II)(bb) of the 

20 Trafficking Protection Act of 2000 or status 

21 under section 101(a)(15)(T) of the Immigration 

22 and Nationality Act, the trafficker or perpe23 trator,’’; and 

24 (2) in paragraph (2)—
304

•HR 3402 EH 

1 (A) by striking ‘‘under clause (iii) or (iv) 

2 of section 204(a)(1)(A), clause (ii) or (iii) of 

3 section 204(a)(1)(B)’’ and inserting ‘‘as a 

4 VAWA petitioner (as defined in section 

5 101(a)(51) of the Immigration and Nationality 

6 Act), or under’’; and 

7 (B) by striking ‘‘or section 244(a)(3) of 

8 such Act as an alien (or the parent of a child) 

9 who has been battered or subjected to extreme 

10 cruelty.’’ and inserting the following: ‘‘, section 

11 101(a)(15)(T), section 214(c)(15), or section 

12 240A(b)(2) of such Act, or section 244(a)(3) of 

13 such Act (as in effect on March 31, 1997), or 

14 for continued presence as a victim of trafficking 

15 under section 107(b)(1)(E)(i)(II)(bb) of the 

16 Trafficking Protection Act of 2000, or any de17 rivative of the alien;’’. 

18 (c) PROVIDING FOR CONGRESSIONAL REVIEW.—Sub19 section (b) of such section is amended by adding at the 

20 end the following new paragraph: 

21 ‘‘(6) Subsection (a) shall not apply to prevent 

22 the Attorney General and the Secretary of Home23 land Security from disclosing to the chairmen and 

24 ranking members of the Judiciary Committees of the 

25 House of Representatives and of the Senate in the 
305

•HR 3402 EH 

1 exercise of Congressional oversight authority infor2 mation on closed cases under this section in a man3 ner that protects the confidentiality of such informa4 tion and that omits personally identifying informa5 tion (including locational information about individ6 uals).’’. 

7 (d) APPLICATION TO JUVENILE SPECIAL IMMI8 GRANTS.—Subsection (a) of such section, as amended by 

9 subsection (b)(2)(B), is amended—

10 (1) by striking ‘‘or’’ at the end of paragraph 

11 (1); 

12 (2) by adding ‘‘or’’ at the end of paragraph (2); 

13 and 

14 (3) by inserting after paragraph (2) the fol15 lowing new paragraph: 

16 ‘‘(3) in the case of an alien described in section 

17 101(a)(27)(J) of the Immigration and Nationality 

18 Act who has been abused, neglected, or abandoned, 

19 contact the alleged abuser (or family member of the 

20 alleged abuser) at any stage of applying for special 

21 immigrant juvenile status, including after a request 

22 for the consent of the Secretary of Homeland Secu23 rity under clause (iii)(I) of such section.’’. 

24 (e) IMPROVED ENFORCEMENT.—Subsection (c) of 

25 such section is amended by adding at the end the fol-
306

•HR 3402 EH 

1 lowing: ‘‘The Office of Professional Responsibility in the 

2 Department of Justice shall be responsible for carrying 

3 out enforcement under the previous sentence.’’. 

4 (f) CERTIFICATION OF COMPLIANCE IN REMOVAL

5 PROCEEDINGS.—

6 (1) IN GENERAL.—Section 239 of the Immigra7 tion and Nationality Act (8 U.S.C. 1229) is amend8 ed by adding at the end the following new sub9 section: 

10 ‘‘(e) CERTIFICATION OF COMPLIANCE WITH RE11 STRICTIONS ON DISCLOSURE.—Removal proceedings shall 

12 not be initiated against an alien unless there is a certifi13 cation of either of the following: 

14 ‘‘(1) No enforcement action was taken leading 

15 to such proceedings against the alien—

16 ‘‘(A) at a domestic violence shelter, a vic17 tims services organization or program (as de18 scribed in section 2003(8) of the Omnibus 

19 Crime Control and Safe Streets Act of 1968), 

20 a rape crisis center, a family justice center, or 

21 a supervised visitation center; or 

22 ‘‘(B) at a courthouse (or in connection 

23 with the appearance of the alien at a court24 house) if the alien is appearing in connection 

25 with a protection order case, child custody case, 
307

•HR 3402 EH 

1 or other civil or criminal case relating to domes2 tic violence, sexual assault, trafficking, or stalk3 ing in which the alien has been battered or sub4 ject to extreme cruelty or if the alien is de5 scribed in subparagraph (T) or (U) of section 

6 101(a)(15). 

7 ‘‘(2) Such an enforcement action was taken, but 

8 the provisions of section 384(a)(1) of the Illegal Im9 migration Reform and Immigrant Responsibility Act 

10 of 1996 have been complied with.’’. 

11 (2) COMPLIANCE.—Section 384(c) of the Illegal 

12 Immigration Reform and Immigrant Responsibility 

13 Act of 1996 (division C of Public Law 104–208; 8 

14 U.S.C. 1367(c)) is amended by inserting ‘‘or who 

15 knowingly makes a false certification under section 

16 239(e) of the Immigration and Nationality Act’’ 

17 after ‘‘in violation of this section’’. 

18 (g) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date of the enactment 

20 of this Act and shall apply to violations or disclosures 

21 made on or after such date. 
308

•HR 3402 EH 

1 SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT 

2 LEGAL RIGHTS AND RESOURCES FOR IMMI3 GRANT VICTIMS OF DOMESTIC VIOLENCE. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity, in consultation with the Attorney General and the 

6 Secretary of State, shall develop consistent and accurate 

7 materials, including an information pamphlet described in 

8 subsection (b), on legal rights and resources for immigrant 

9 victims of domestic violence for dissemination to appli10 cants for K nonimmigrant visas. In preparing such mate11 rials, the Secretary shall consult with non-governmental 

12 organizations with expertise on the legal rights of immi13 grant victims of battery, extreme cruelty, sexual assault 

14 and other crimes. 

15 (b) INFORMATION PAMPHLET.—The information 

16 pamphlet developed under subsection (a) shall include in17 formation on the following: 

18 (1) The K nonimmigrant visa application proc19 ess and the marriage-based immigration process, in20 cluding conditional residence and adjustment of sta21 tus. 

22 (2) The illegality of domestic violence, sexual 

23 assault, and child abuse in the United States and 

24 the dynamics of domestic violence. 

25 (3) Domestic violence and sexual assault serv26 ices in the United States, including the National Do-
309

•HR 3402 EH 

1 mestic Violence Hotline and the National Sexual As2 sault Hotline. 

3 (4) The legal rights of immigrant victims of 

4 abuse and other crimes in immigration, criminal jus5 tice, family law, and other matters. 

6 (5) The obligations of parents to provide child 

7 support for children. 

8 (6) Marriage fraud under United States immi9 gration laws and the penalties for committing such 

10 fraud. 

11 (7) A warning concerning the potential use of 

12 K nonimmigrant visas by individuals who have a his13 tory of committing domestic violence, sexual assault, 

14 or child abuse. 

15 (c) SUMMARIES.—The Secretary of Homeland Secu16 rity, in consultation with the Attorney General and the 

17 Secretary of State, shall develop summaries of the pam18 phlet developed under subsection (a) that shall be used 

19 by consular officers when reviewing the pamphlet in inter20 views under section (e)(2). 

21 (d) TRANSLATION.—

22 (1) IN GENERAL.—In order to best serve the 

23 language groups having the greatest concentration of 

24 K nonimmigrant visa applicants, the information 

25 pamphlet under subsection (b) shall, subject to para-
310

•HR 3402 EH 

1 graph (2), be translated by the Secretary of State 

2 into the following languages: Russian, Spanish, Ta3 galog, Vietnamese, Chinese, Ukrainian, Thai, Ko4 rean, Polish, Japanese, French, Arabic, Portuguese, 

5 and Hindi. 

6 (2) REVISION.—Every two years, the Secretary 

7 of Homeland Security, in consultation with the At8 torney General and the Secretary of State, shall de9 termine the specific languages into which the infor10 mation pamphlet is translated based on the lan11 guages spoken by the greatest concentrations of K 

12 nonimmigrant visa applicants. 

13 (e) AVAILABILITY AND DISTRIBUTION.—The infor14 mation pamphlet developed under subsection (a) shall be 

15 made available and distributed as follows: 

16 (1) MAILINGS TO K NONIMMIGRANT VISA APPLI17 CANTS.—

18 (A) The pamphlet shall be mailed by the 

19 Secretary of State to each applicant for a K 

20 nonimmigrant visa at the same time that the 

21 instruction packet regarding the visa applica22 tion process is mailed to such applicant. The 

23 pamphlet so mailed shall be in the primary lan24 guage of the applicant, or in English if no 
311

•HR 3402 EH 

1 translation into the applicant’s primary lan2 guage is available. 

3 (B) In addition, in the case of an applicant 

4 for a nonimmigrant visa under section 

5 101(a)(15)(K)(i) of the Immigration and Na6 tionality Act (8 U.S.C. 1101(a)(15)(K)(i)) the 

7 Secretary of Homeland Security shall provide to 

8 the Secretary of State, for inclusion in the mail9 ing under subparagraph (A), a copy of the peti10 tion submitted by the petitioner for such appli11 cant under section 214(d) of such Act (8 

12 U.S.C. 1184(d)). 

13 (C) The Secretary of Homeland Security 

14 shall provide to the Secretary of State any 

15 criminal background information the Secretary 

16 of Homeland Security possesses with respect to 

17 a petitioner under such section 214(d). The 

18 Secretary of State, in turn, shall share any such 

19 criminal background information that is in the 

20 public record with the nonimmigrant visa appli21 cant who is the beneficiary of the petition. The 

22 visa applicant shall be informed that such 

23 criminal background information is based on 

24 available records and may not be complete. The 

25 Secretary of State also shall provide for the dis-
312

•HR 3402 EH 

1 closure of such criminal background informa2 tion to the visa applicant at the consular inter3 view in the primary language of the visa appli4 cant. Nothing in this subparagraph shall be 

5 construed to authorize the Secretary of Home6 land Security to conduct any new or additional 

7 criminal background check that is not otherwise 

8 conducted in the course of adjudicating such 

9 petitions. 

10 (2) CONSULAR INTERVIEWS.—The pamphlet 

11 shall be distributed directly to K nonimmigrant visa 

12 applicants at all consular interviews for such visas. 

13 The consular officer conducting the visa interview 

14 shall review the pamphlet and summary with the ap15 plicant orally in the applicant’s primary language, in 

16 addition to distributing the pamphlet to the appli17 cant in English. 

18 (3) CONSULAR ACCESS.—The pamphlet shall be 

19 made available to the public at all consular posts. 

20 Summaries of the pamphlets under subsection (c) 

21 shall be made available to foreign service officers at 

22 all consular posts. 

23 (4) POSTING ON STATE DEPARTMENT

24 WEBSITE.—The pamphlet shall be posted on the 

25 website of the Department of State as well as on the 
313

•HR 3402 EH 

1 websites of all consular posts processing K non2 immigrant visa applications. 

3 (f) K NONIMMIGRANT DEFINED.—For purposes of 

4 this section, the term ‘‘K nonimmigrant visa’’ means a 

5 nonimmigrant visa under clause (i) or (ii) of section 

6 101(a)(15)(K) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)(15)(K)). 

8 SEC. 923. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to the Sec10 retary of Homeland Security such sums as may be nec11 essary to provide for adjudication of petitions and adjust12 ment applications of VAWA petitioners (as defined in sec13 tion 101(a)(51) of the Immigration and Nationality Act, 

14 as added by section 911(a)) and of aliens seeking status 

15 as nonimmigrants under subparagraph (T) or (U) of sec16 tion 101(a)(15) of such Act. 

17 Subtitle C—Miscellaneous 

18 Provisions 

19 SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE20 QUIREMENT FOR BATTERED ADOPTED CHIL21 DREN. 

22 (a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 

23 Immigration and Nationality Act (8 U.S.C. 

24 1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 

25 two years’’ the following: ‘‘or if the child has been battered 
314

•HR 3402 EH 

1 or subject to extreme cruelty by the adopting parent or 

2 by a family member of the adopting parent residing in 

3 the same household’’. 

4 (b) CONFORMING NATURALIZATION AMENDMENT.—

5 Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 

6 amended by inserting before the period at the end the fol7 lowing: ‘‘or the child is residing in the United States pur8 suant to a lawful admission for permanent residence and 

9 has been battered or subject to extreme cruelty by the cit10 izen parent or by a family member of the citizen parent 

11 residing in the same household ’’

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on the date of the enactment 

14 of this Act and shall apply to applications pending or filed 

15 on or after such date. 

16 SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMIS17 SIBILITY FOR VAWA PETITIONERS. 

18 (a) WAIVER OF FALSE CLAIM OF U.S. CITIZEN19 SHIP.—

20 (1) IN GENERAL.—Section 212(i)(1) of such 

21 Act (8 U.S.C. 1182(i)(1)) is amended by inserting 

22 ‘‘(and, in the case of a VAWA petitioner who dem23 onstrates a connection between the false claim of 

24 United States citizenship and the petitioner being 
315

•HR 3402 EH 

1 subjected to battery or extreme cruelty, clause (ii))’’ 

2 after ‘‘clause (i)’’. 

3 (2) CONFORMING REFERENCE.—Section 

4 212(a)(6)(C)(iii) of such Act (8 U.S.C. 

5 1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 

6 (i)’’ and inserting ‘‘clauses (i) and (ii)’’. 

7 (b) EXEMPTION FROM PUBLIC CHARGE GROUND.—

8 (1) IN GENERAL.—Section 212(a)(4) of such 

9 Act (8 U.S.C. 1182(a)(4)) is amended by adding at 

10 the end the following new subparagraph: 

11 ‘‘(E) SPECIAL RULE FOR BATTERED

12 ALIENS.—Subparagraphs (A) through (C) shall 

13 not apply to an alien who is a VAWA petitioner 

14 or is a qualified alien described in section 

15 431(c) of the Personal Responsibility and Work 

16 Opportunity Reconciliation Act of 1996.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 212(a)(4)(C)(i) of such Act (8 U.S.C. 

19 1182(a)(4)(C)(i)) is amended to read as follows: 

20 ‘‘(i) the alien is described in subpara21 graph (E); or’’. 

22 (c) EFFECTIVE DATE.—Except as provided in this 

23 section, the amendments made by this section shall take 

24 effect on the date of the enactment of this Act and shall 

25 apply regardless of whether the conviction was entered, 
316

•HR 3402 EH 

1 crime, or disqualifying event occurred before, on, or after 

2 such date. 

3 SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED 

4 SPOUSES OF CERTAIN NONIMMIGRANTS. 

5 (a) IN GENERAL.—Section 214(c) of the Immigration 

6 and Nationality Act (8 U.S.C. 1184(c)), as amended by 

7 sections 403(a) and 404(a) of the REAL ID Act of 2005 

8 (division B of Public Law 109–13), is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(15) In the case of an alien spouse admitted under 

11 subparagraph (A), (E)(iii), (G), or (H) of section 

12 101(a)(15) who is accompanying or following to join a 

13 principal alien admitted under subparagraph (A), (E)(iii), 

14 (G), or (H)(i) of such section, respectively, the Secretary 

15 of Homeland Security shall authorize the alien spouse to 

16 engage in employment in the United States and provide 

17 the spouse with an ‘employment authorized’ endorsement 

18 or other appropriate work permit if the alien spouse dem19 onstrates that during the marriage the alien spouse or a 

20 child of the alien spouse has been battered or has been 

21 the subject to extreme cruelty perpetrated by the spouse 

22 of the alien spouse. Requests for relief under this para23 graph shall be handled under the procedures that apply 

24 to aliens seeking relief under section 204(a)(1)(A)(iii).’’. 
317

•HR 3402 EH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to aliens who obtained 

4 the status of an alien spouse before, on, or after such date. 

5 SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDI6 TIONAL PERMANENT RESIDENCE FOR IN7 TENDED SPOUSES. 

8 (a) IN GENERAL.—Section 216(c)(4) of the Immigra9 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend10 ed—

11 (1) by striking ‘‘or’’ at the end of subparagraph 

12 (B); 

13 (2) by striking the period at the end of sub14 paragraph (C) and inserting ‘‘, or’’; and 

15 (3) by inserting after subparagraph (C) the fol16 lowing new subparagraph: 

17 ‘‘(D) the alien meets the requirements 

18 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

19 following the marriage ceremony has been bat20 tered by or was subject to extreme cruelty per21 petrated by his or her intended spouse and was 

22 not at fault in failing to meet the requirements 

23 of paragraph (1).’’. 
318

•HR 3402 EH 

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply as if included in the enactment 

3 of VAWA–2000. 

4 SEC. 935. CANCELLATION OF REMOVAL. 

5 (a) CLARIFYING APPLICATION OF DOMESTIC VIO6 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE7 MOVAL.—

8 (1) IN GENERAL.—Section 240A(b) of the Im9 migration and Nationality Act (8 U.S.C. 1229b(b)) 

10 is amended—

11 (A) in paragraph (1)(C)—

12 (i) by inserting ‘‘subject to paragraph 

13 (5),’’ after ‘‘(C)’’; and 

14 (ii) by striking ‘‘(except in a case de15 scribed in section 237(a)(7) where the At16 torney General exercises discretion to 

17 grant a waiver)’’; 

18 (B) in paragraph (2)(A), by amending 

19 clause (iv) to read as follows: 

20 ‘‘(iv) subject to paragraph (5), the 

21 alien is not inadmissible under paragraph 

22 (2) or (3) of section 212(a), is not remov23 able under paragraph (2), (3)(D), or (4) of 

24 section 237(a), and is not removable under 

25 section 237(a)(1)(G) (except if there was a 
319

•HR 3402 EH 

1 connection between the marriage fraud de2 scribed in such section and the battery or 

3 extreme cruelty described in clause (i)); 

4 and’’; and 

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

6 paragraph: 

7 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

8 WAIVER AUTHORITY.—The provisions of section 

9 237(a)(7) shall apply in the application of para10 graphs (1)(C) and (2)(A)(iv) (including waiving 

11 grounds of deportability) in the same manner as 

12 they apply under section 237(a). In addition, for 

13 purposes of such paragraphs and in the case of an 

14 alien who has been battered or subjected to extreme 

15 cruelty and if there was a connection between the in16 admissibility or deportability and such battery or 

17 cruelty with respect to the activity involved, the At18 torney General may waive, in the sole unreviewable 

19 discretion of the Attorney General, any other ground 

20 of inadmissibility or deportability for which a waiver 

21 is authorized under section 212(h), 212(d)(13), 

22 212(d)(14), or 237(a)(2)(A)(v), and the exception 

23 described in section 204(a)(1)(C) shall apply.’’. 
320

•HR 3402 EH 

1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall apply as if included in the 

3 enactment of section 1504(a) of VAWA–2000. 

4 (b) CLARIFYING NONAPPLICATION OF CANCELLA5 TION CAP.—

6 (1) IN GENERAL.—Section 240A(e)(3) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1229b(e)(3)) is amended by adding at the end the 

9 following new subparagraph: 

10 ‘‘(C) Aliens with respect to their cancella11 tion of removal under subsection (b)(2).’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall apply to cancellations of re14 moval occurring on or after October 1, 2004. 

15 SEC. 936. MOTIONS TO REOPEN. 

16 (a) REMOVAL PROCEEDINGS.—

17 (1) IN GENERAL.—Section 240(c)(7) of the Im18 migration and Nationality Act (8 U.S.C. 

19 1230(c)(7)), as redesignated by section 101(d)(1) of 

20 the REAL ID Act of 2005 (division B of Public Law 

21 109–13), is amended—

22 (A) in subparagraph (A), by inserting ‘‘, 

23 except that this limitation shall not apply so as 

24 to prevent the filing of one motion to reopen de-
321

•HR 3402 EH 

1 scribed in subparagraph (C)(iv)’’ before the pe2 riod at the end; and 

3 (B) in subparagraph (C)—

4 (i) in the heading of clause (iv), by 

5 striking ‘‘SPOUSES AND CHILDREN’’ and 

6 inserting ‘‘SPOUSES, CHILDREN, AND PAR7 ENTS’’; 

8 (ii) in the matter before subclause (I) 

9 of clause (iv), by striking ‘‘The deadline 

10 specified in subsection (b)(5)(C) for filing 

11 a motion to reopen does not apply’’ and in12 serting ‘‘Any limitation under this section 

13 on the deadlines for filing such motions 

14 shall not apply’’; 

15 (iii) in clause (iv)(I), by inserting ‘‘or 

16 section 244(a)(3) (as in effect on March 

17 31, 1997)’’ after ‘‘section 240A(b)(2)’’; 

18 (iv) by striking ‘‘and’’ at the end of 

19 clause (iv)(II); 

20 (v) by striking the period at the end 

21 of clause (iv)(III) and inserting ‘‘; and’’; 

22 and 

23 (vi) by adding at the end the fol24 lowing: 
322

•HR 3402 EH 

1 ‘‘(IV) if the alien is physically 

2 present in the United States at the 

3 time of filing the motion. 

4 The filing of a motion to reopen under this 

5 clause shall stay the removal of the alien 

6 pending final disposition of the motion in7 cluding exhaustion of all appeals if the mo8 tion establishes a prima facie case for the 

9 relief applied for.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall take effect on the date of the 

12 enactment of this Act. 

13 (b) DEPORTATION AND EXCLUSION PROCEEDINGS.—

14 (1) IN GENERAL.—Section 1506(c)(2) of 

15 VAWA–2000 is amended—

16 (A) in the matter before clause (i) of sub17 paragraph (A), by striking ‘‘Notwithstanding 

18 any limitation imposed by law on motions to re19 open or rescind deportation’’ inserting ‘‘Not20 withstanding any limitation on the number of 

21 motions, or the deadlines for filing motions (in22 cluding the deadline specified in section 

23 242B(c)(3) of the Immigration and Nationality 

24 Act before the title III–A effective date), to re25 open or rescind deportation or exclusion’’; 
323

•HR 3402 EH 

1 (B) in the matter before clause (i) of sub2 paragraph (A), by striking ‘‘there is no time 

3 limit on the filing of a motion’’ and all that fol4 lows through ‘‘does not apply’’ and inserting 

5 ‘‘such limitations shall not apply to the filing of 

6 a single motion under this subparagraph to re7 open such proceedings’’; 

8 (C) by adding at the end of subparagraph 

9 (A) the following: 

10 ‘‘The filing of a motion under this subpara11 graph shall stay the removal of the alien pend12 ing a final disposition of the motion including 

13 the exhaustion of all appeals if the motion es14 tablishes a prima facie case for the relief ap15 plied for.’’; 

16 (D) in subparagraph (B), by inserting 

17 ‘‘who are physically present in the United 

18 States and’’ after ‘‘filed by aliens’’; and 

19 (E) in subparagraph (B)(i), by inserting 

20 ‘‘or exclusion’’ after ‘‘deportation’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by paragraph (1) shall take effect on the date of the 

23 enactment of this Act. 
324

•HR 3402 EH 

1 SEC. 937. REMOVAL PROCEEDINGS. 

2 (a) TREATMENT OF BATTERY OR EXTREME CRU3 ELTY AS EXCEPTIONAL CIRCUMSTANCES.—Section 

4 240(e)(1) of such Act (8 U.S.C. 1230(e)(1)) is amended 

5 by inserting ‘‘battery or extreme cruelty of the alien or 

6 any child or parent of the alien or’’ after ‘‘exceptional cir7 cumstances (such as’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall take effect on the date of the enact10 ment of this Act and shall apply to a failure to appear 

11 that occurs before, on, or after such date. 

12 SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPOR13 TATION PARALLEL TO THE RELIEF AVAIL14 ABLE IN VAWA–2000 CANCELLATION FOR 

15 BIGAMY. 

16 Section 244(a)(3) of the Immigration and Nationality 

17 Act (as in effect before the title III–A effective date in 

18 section 309 of the Illegal Immigration Reform and Immi19 grant Responsibility Act of 1996) shall be applied as if 

20 ‘‘or by a United States citizen or lawful permanent resi21 dent whom the alien intended to marry, but whose mar22 riage is not legitimate because of that United States citi23 zen’s or permanent resident’s bigamy’’ were inserted after 

24 ‘‘by a spouse or parent who is a United States citizen or 

25 lawful permanent resident’’. 
325

•HR 3402 EH 

1 SEC. 939. CORRECTION OF CROSS-REFERENCE TO CRED2 IBLE EVIDENCE PROVISIONS. 

3 (a) CUBAN ADJUSTMENT PROVISION.—The last sen4 tence of the first section of Public Law 89–732 (November 

5 2, 1966; 8 U.S.C. 1255 note), as amended by section 

6 1509(a) of VAWA–2000, is amended by striking 

7 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

8 (b) NACARA.—Section 202(d)(3) of the Nicaraguan 

9 Adjustment and Central American Relief Act (8 U.S.C. 

10 1255 note; Public Law 105–100), as amended by section 

11 1510(a)(2) of VAWA–2000, is amended by striking 

12 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

13 (c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille14 gal Immigration and Reform and Immigrant Responsi15 bility Act of 1996 (division C of Public Law 104–208; 8 

16 U.S.C. 1101 note), as amended by section 1510(b)(2) of 

17 VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 

18 inserting ‘‘204(a)(1)(J)’’. 

19 (d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai20 tian Refugee Immigration Fairness Act of 1998 (division 

21 A of section 101(h) of Public Law 105–277; 112 Stat. 

22 2681–538), as amended by section 1511(a) of VAWA–

23 2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert24 ing ‘‘204(a)(1)(J)’’. 
326

•HR 3402 EH 

1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect as if included in the enact3 ment of VAWA–2000. 

4 SEC. 940. PROHIBITING ABUSERS FROM SPONSORING FAM5 ILY IMMIGRANTS. 

6 Section 204 of the Immigration and Nationality Act 

7 (8 U.S.C. 1154) is amended by adding at the end the fol8 lowing: 

9 ‘‘(l) Notwithstanding subsection (a), a petition may 

10 not be approved under subparagraph (A) or (B) of such 

11 subsection if the petition is submitted by a person con12 victed of a crime described in paragraph (5), (7), (8), (21), 

13 or (22) of section 2000B of the Omnibus Crime Control 

14 and Safe Streets Act of 1968.’’. 

15 SEC. 941. TECHNICAL CORRECTIONS. 

16 (a) TECHNICAL CORRECTIONS TO REFERENCES IN

17 APPLICATION OF SPECIAL PHYSICAL PRESENCE AND

18 GOOD MORAL CHARACTER RULES.—

19 (1) PHYSICAL PRESENCE RULES.—Section 

20 240A(b)(2)(B) of the Immigration and Nationality 

21 Act (8 U.S.C. 1229b(b)(2)(B)) is amended—

22 (A) in the first sentence, by striking 

23 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and 
327

•HR 3402 EH 

1 (B) in the fourth sentence, by striking 

2 ‘‘section 240A(b)(2)(B)’’ and inserting ‘‘this 

3 subparagraph, subparagraph (A)(ii),’’. 

4 (2) MORAL CHARACTER RULES.—Section 

5 240A(b)(2)(C) of such Act (8 U.S.C. 

6 1229b(b)(2)(C)) is amended by striking 

7 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 

8 (3) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall be effective as if included in 

10 the enactment of section 1504(a) of VAWA (114 

11 Stat. 1522). 

12 (b) CORRECTION OF CROSS-REFERENCE ERROR IN

13 APPLYING GOOD MORAL CHARACTER.—

14 (1) IN GENERAL.—Section 101(f)(3) of the Im15 migration and Nationality Act (8 U.S.C. 1101(f)(3)) 

16 is amended by striking ‘‘(9)(A)’’ and inserting 

17 ‘‘(10)(A)’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall be effective as if included in 

20 the enactment of the Illegal Immigration Reform 

21 and Immigrant Responsibility Act of 1996 (Public 

22 Law 104–208). 

23 (c) PUNCTUATION CORRECTION.—Effective as if in24 cluded in the enactment of section 5(c)(2) of VAWA–

25 2000, section 237(a)(1)(H)(ii) of the Immigration and 
328

•HR 3402 EH 

1 Nationality Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended 

2 by striking the period at the end and inserting ‘‘; or’’. 

3 (d) CORRECTION OF DESIGNATION AND INDENTA4 TION.—The last sentence of section 212(a)(9)(C)(ii) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1182(a)(9)(C)(ii)), as added by section 1505(a) of 

7 VAWA–2000, is amended—

8 (1) by striking ‘‘section 212(a)(9)(C)(i)’’ and 

9 inserting ‘‘clause (i)’’; 

10 (2) by redesignating paragraphs (1) and (2), 

11 and subparagraphs (A) through (D) of paragraph 

12 (2), as subclauses (I) and (II), and items (aa) 

13 through (dd) of subclause (II), respectively; and 

14 (3) by moving the margins of each of such 

15 paragraphs and subparagraphs 6 ems to the right. 

16 (e) ADDITIONAL TECHNICAL CORRECTIONS.—(1) 

17 Section 237(a)(7)(A)(i)(I) of such Act (8 U.S.C. 

18 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is self-de19 fense’’ and inserting ‘‘in self-defense’’. 

20 (2) Section 245(l)(2)(B) of such Act (8 U.S.C. 

21 1255(l)(2)(B)) is amended by striking ‘‘(10(E))’’ and in22 serting ‘‘(10)(E))’’. 
329

•HR 3402 EH 

1 TITLE X—SAFETY ON TRIBAL 

2 LANDS 

3 SEC. 1001. PURPOSES. 

4 The purposes of this title are—

5 (1) to decrease the incidence of domestic vio6 lence, dating violence, sexual assault, and stalking 

7 on Tribal lands; 

8 (2) to strengthen the capacity of Indian tribes 

9 to exercise their sovereign authority to respond to 

10 domestic violence, dating violence, sexual assault, 

11 and stalking on Tribal lands under their jurisdiction; 

12 and 

13 (3) to ensure that perpetrators of domestic vio14 lence, dating violence, sexual assault, and stalking 

15 on Tribal lands are held accountable for their crimi16 nal behavior. 

17 SEC. 1002. CONSULTATION. 

18 (a) IN GENERAL.—The Secretary of the Interior and 

19 the Attorney General shall each conduct annual consulta20 tions with Indian tribal governments concerning the Fed21 eral administration of tribal funds and programs estab22 lished under the Violence Against Women Act of 1994 

23 (title IV of Public Law 103–322) and the Violence Against 

24 Women Act of 2000 (division B of Public Law 106–386), 

25 including consultation concerning—
330

•HR 3402 EH 

1 (1) the timeliness of the Federal grant applica2 tion and award processes; 

3 (2) the amounts awarded under each program 

4 directly to tribal governments, tribal organizations, 

5 and tribal nonprofit organizations; 

6 (3) determinations not to award grant funds; 

7 (4) grant awards made in violation of the eligi8 bility guidelines to a nontribal entity; and 

9 (5) training, technical assistance, and data col10 lection grants for tribal grant programs or programs 

11 addressing the safety of Indian women. 

12 (b) RECOMMENDATIONS.—During consultations 

13 under subsection (a), the Secretary and the Attorney Gen14 eral shall solicit recommendations from Indian tribes con15 cerning—

16 (1) administering tribal funds and programs; 

17 (2) enhancing the safety of Indian women from 

18 domestic violence, dating violence, sexual assault, 

19 and stalking; and 

20 (3) strengthening the Federal response to such 

21 violent crimes. 

22 SEC. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON 

23 TRIBAL LANDS. 

24 (a) NATIONAL BASELINE STUDY.—The Attorney 

25 General, acting through the National Institute of Justice 
331

•HR 3402 EH 

1 in consultation with the Director of the Office on Violence 

2 Against Women, shall conduct a national baseline study 

3 to examine violence against Indian women. 

4 (b) SCOPE.—

5 (1) IN GENERAL.—The study shall examine vio6 lence committed against Indian women, including—

7 (A) domestic violence; 

8 (B) dating violence; 

9 (C) sexual assault; 

10 (D) stalking; and 

11 (E) murder. 

12 (2) EVALUATION.—The study shall evaluate the 

13 effectiveness of Federal, State, tribal, and local re14 sponses to the violations described in paragraph (1) 

15 committed against Indian women. 

16 (c) TASK FORCE.—

17 (1) IN GENERAL.—The Attorney General, act18 ing through the Director of the Office on Violence 

19 Against Women, shall establish a task force to assist 

20 in the development and implementation of the study 

21 under subsection (a). 

22 (2) MEMBERS.—The Director shall appoint to 

23 the task force representatives from—

24 (A) national tribal domestic violence and 

25 sexual assault nonprofit organizations; 
332

•HR 3402 EH 

1 (B) tribal governments; and 

2 (C) the National Congress of American In3 dians. 

4 (d) REPORT.—Not later than 2 years after the date 

5 of enactment of this Act, the Attorney General shall sub6 mit to Congress a report that describes the findings made 

7 in the study. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $1,000,000 for each of fiscal years 2006 and 2007, to re11 main available until expended. 

12 SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS. 

13 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

14 DATABASES.—Section 534 of title 28, United States Code, 

15 is amended—

16 (1) by redesignating subsections (d) and (e) as 

17 subsection (e) and (f); and 

18 (2) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The 

21 Attorney General shall permit Indian law enforcement 

22 agencies, in cases of domestic violence, dating violence, 

23 sexual assault, and stalking, to enter information into 

24 Federal criminal information databases and to obtain in-
333

•HR 3402 EH 

1 formation from the databases, including information relat2 ing to—

3 ‘‘(1) identification records; 

4 ‘‘(2) criminal history records; 

5 ‘‘(3) protection orders; and 

6 ‘‘(4) wanted person records.’’. 

7 (b) TRIBAL REGISTRY.—

8 (1) ESTABLISHMENT.—The Attorney General 

9 shall contract with any interested Indian tribe, tribal 

10 organization, or tribal nonprofit organization to de11 velop and maintain—

12 (A) a national tribal sex offender registry; 

13 and 

14 (B) a tribal protection order registry con15 taining civil and criminal orders of protection 

16 issued by Indian tribes and participating juris17 dictions. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

19 There is authorized to be appropriated to carry out 

20 this section $1,000,000 for each of fiscal years 2006 

21 through 2010, to remain available until expended. 
334

•HR 3402 EH 

1 SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE 

2 AGAINST WOMEN. 

3 Part T of the Omnibus Crime Control and Safe 

4 Streets Act of 1968 is amended by adding after section 

5 2015 (as added by section 604 of this Act) the following: 

6 ‘‘SEC. 2016. TRIBAL DIVISION. 

7 ‘‘(a) IN GENERAL.—The Director of the Office on Vi8 olence Against Women shall designate one or more em9 ployees, each of whom shall have demonstrated expertise 

10 in tribal law and practice regarding domestic violence, dat11 ing violence, sexual assault, and stalking against members 

12 of Indian tribes, to be responsible for—

13 ‘‘(1) overseeing and managing the administra14 tion of grants to and contracts with Indian tribes, 

15 tribal courts, tribal organizations, tribal nonprofit 

16 organizations and the territories; 

17 ‘‘(2) ensuring that, if a grant or a contract pur18 suant to such a grant is made to an organization to 

19 perform services that benefit more than one Indian 

20 tribe, the approval of each Indian tribe to be bene21 fited shall be a prerequisite to the making of the 

22 grant or letting of the contract; 

23 ‘‘(3) assisting in the development of Federal 

24 policy, protocols, and guidelines on matters relating 

25 to domestic violence, dating violence, sexual assault, 

26 and stalking against members of Indian tribes; 
335

•HR 3402 EH 

1 ‘‘(4) advising the Director of the Office on Vio2 lence Against Women concerning policies, legislation, 

3 implementation of laws, and other issues relating to 

4 domestic violence, dating violence, sexual assault, 

5 and stalking against members of Indian tribes; 

6 ‘‘(5) representing the Office on Violence 

7 Against Women in the annual consultations under 

8 section 1002 of the Violence Against Women Reau9 thorization Act of 2005; 

10 ‘‘(6) providing assistance to the Department of 

11 Justice to develop policy and to enforce Federal law 

12 relating to domestic violence, dating violence, sexual 

13 assault, and stalking against members of Indian 

14 tribes; 

15 ‘‘(7) maintaining a liaison with the judicial 

16 branches of Federal, State and tribal governments 

17 on matters relating to domestic violence, dating vio18 lence, sexual assault, and stalking against members 

19 of Indian tribes; and 

20 ‘‘(8) ensuring that adequate tribal training, 

21 technical assistance, and data collection is made 

22 available to Indian tribes, tribal courts, tribal orga23 nizations, and tribal nonprofit organizations for all 

24 programs relating to domestic violence, dating vio-
336

•HR 3402 EH 

1 lence, sexual assault, and stalking against members 

2 of Indian tribes. 

3 ‘‘(b) AUTHORITY.—

4 ‘‘(1) IN GENERAL.—The Director shall ensure 

5 that a portion of the tribal set-aside funds from any 

6 grant awarded under the Violence Against Women 

7 Act of 1994 (title IV of Public Law 103–322) or the 

8 Violence Against Women Act of 2000 (division B of 

9 Public Law 106–386) is used to enhance the capac10 ity of Indian tribes to address the safety of members 

11 of Indian tribes. 

12 ‘‘(2) ACCOUNTABILITY.—The Director shall en13 sure that some portion of the tribal set-aside funds 

14 from any grant made under this part is used to hold 

15 offenders accountable through—

16 ‘‘(A) enhancement to the response of In17 dian tribes to crimes of domestic violence, dat18 ing violence, sexual assault, and stalking 

19 against Indian women, including legal services 

20 for victims and Indian-specific offender pro21 grams; 

22 ‘‘(B) development and maintenance of trib23 al domestic violence shelters or programs for 

24 battered members of Indian tribes, including 

25 sexual assault services, that are based upon the 
337

•HR 3402 EH 

1 unique circumstances of the members of Indian 

2 tribes to be served; 

3 ‘‘(C) development of tribal educational 

4 awareness programs and materials; 

5 ‘‘(D) support for customary tribal activities 

6 to strengthen the intolerance of an Indian tribe 

7 to violence against memberes of Indian tribes; 

8 and 

9 ‘‘(E) development, implementation, and 

10 maintenance of tribal electronic databases for 

11 tribal protection order registries. 

12 ‘‘SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS 

13 PROGRAM. 

14 ‘‘(a) ESTABLISHMENT.—

15 ‘‘(1) IN GENERAL.—Of the amounts set aside 

16 for Indian tribes and tribal organizations in a pro17 gram referred to in paragraph (2), the Attorney 

18 General, through the Director of the Office of Vio19 lence Against Women (referred to in this section as 

20 the ‘‘Director’’), shall take such setasides and com21 bine them to establish the Safety for Indian Women 

22 Formula Grants Program, a single formula grant 

23 program to enhance the response of Indian tribal 

24 governments to address domestic violence, sexual as25 sault, dating violence, and stalking. Grants made 
338

•HR 3402 EH 

1 under this program shall be administered by the 

2 Tribal Division of the Violence Against Women Of3 fice. 

4 ‘‘(2) PROGRAMS COVERED.—The programs cov5 ered by paragraph (1) are the programs carried out 

6 under the following provisions: 

7 ‘‘(A) Section 2007 (42 U.S.C. 3796gg–1), 

8 Grants to Combat Violent Crimes Against 

9 Women. 

10 ‘‘(B) Section 2101 (42 U.S.C. 3796hh), 

11 Grants to Encourage Arrest Policies. 

12 ‘‘(C) Section 1201 of the Violence Against 

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

14 Legal Assistance for Victims. 

15 ‘‘(D) Section 1301 of the Violence Against 

16 Women Act of 2000 (42 U.S.C. 10420), Safe 

17 Havens for Children Pilot Program. 

18 ‘‘(E) Section 40295 of the Violence 

19 Against Women Act of 1994 (42 U.S.C. 

20 13971), Rural Domestic Violence and Child 

21 Abuser Enforcement Assistance. 

22 ‘‘(F) Section 41002 of the Violence 

23 Against Women Act of 1994, Grants for Court 

24 Training and Improvements. 
339

•HR 3402 EH 

1 ‘‘(G) Section 2014(b), Sexual Assault 

2 Services Program, Grants to States, Territories 

3 and Indian Tribes. 

4 ‘‘(H) Title VII, section 41201, Grants for 

5 Training and Collaboration on the Intersection 

6 Between Domestic Violence and Child Maltreat7 ment. Section 41202, Services to Advocate For 

8 and Respond to Teens. 

9 ‘‘(I) Section 704, Grants to Combat Do10 mestic Violence, Dating Violence, Sexual As11 sault, and Stalking In Middle And High 

12 Schools. 

13 ‘‘(b) PURPOSE OF PROGRAM AND GRANTS.—

14 ‘‘(1) GENERAL PROGRAM PURPOSE.—The pur15 pose of the program required by this section is to as16 sist Indian tribal governments to develop and en17 hance effective governmental strategies to curtail 

18 violent crimes against and increase the safety of 

19 members of Indian tribes consistent with tribal law 

20 and custom, specifically the following: 

21 ‘‘(A) To increase tribal capacity to respond 

22 to domestic violence, dating violence, sexual as23 sault, and stalking crimes against members of 

24 Indian tribes. 
340

•HR 3402 EH 

1 ‘‘(B) To strengthen tribal justice interven2 tions including tribal law enforcement, prosecu3 tion, courts, probation, correctional facilities; 

4 and enhance services to members of Indian 

5 tribes victimized by domestic violence, dating vi6 olence, sexual assault, and stalking. 

7 ‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE

8 USED.—The Director may make grants to Indian 

9 tribes for the purpose of enhancing participating 

10 tribes’ capacity to address the safety of members of 

11 Indian tribes. Each participating tribe shall exercise 

12 its right of self-determination and self-governance in 

13 allocating and using funds made available under the 

14 program. Each participating tribe may use funds 

15 under the program to support its specific tribally 

16 based response to increasing the safety of members 

17 of Indian tribes. Grants under the program shall 

18 support the governmental efforts identified by the 

19 Indian tribe required according to its distinctive 

20 ways of life to increase the safety of members of In21 dian tribes from crimes of sexual assault, domestic 

22 violence, dating violence, stalking, kidnapping, and 

23 murder. 
341

•HR 3402 EH 

1 ‘‘(c) DISBURSEMENT.—Not later than 120 days after 

2 the receipt of an application under this section, the Attor3 ney General, through the Director, shall—

4 ‘‘(1) disburse the appropriate sums provided for 

5 under this section; or 

6 ‘‘(2) inform the Indian tribe why the applica7 tion does not conform to the terms of the application 

8 requirements. 

9 ‘‘(d) REQUIRED PROCEDURES.—

10 ‘‘(1) DEADLINE TO PROVIDE NOTICE.—No later 

11 than 60 days after receiving an appropriation of 

12 funds supporting the program required by this sec13 tion, Director shall—

14 ‘‘(A) publish in the Federal Register notifi15 cation of—

16 ‘‘(i) the availability of those funds to 

17 Indian tribes; 

18 ‘‘(ii) the total amount of funds avail19 able; and 

20 ‘‘(iii) the process by which tribes may 

21 participate in the program; and 

22 ‘‘(B) mail each Indian tribe a notification 

23 of the matters required by subparagraph (A), 

24 together with instructions on the process, copies 
342

•HR 3402 EH 

1 of application forms, and a notification of the 

2 deadline for submission of an application. 

3 ‘‘(2) DEADLINE TO MAKE FUNDS AVAILABLE.—

4 No later than 180 days after receiving an appropria5 tion referred to in paragraph (1), the Director shall 

6 distribute and make accessible those funds to Indian 

7 tribes opting to participate in the program. 

8 ‘‘(3) FORMULA.—The Director shall distribute 

9 those funds according to the following formula: 

10 ‘‘(A) 60 percent of the available funds 

11 shall be allocated equally to all Indian tribes 

12 who exercise the option to access the funds. 

13 ‘‘(B) The remaining 40 percent shall be al14 located to the same Indian tribes on a per cap15 ita basis, according to the population residing 

16 in the respective Indian tribe’s service area. 

17 ‘‘(4) SET-ASIDE.—No later than 120 days after 

18 receiving an appropriation referred to in paragraph 

19 (1), the Director shall set aside not less than 5 per20 cent and up to 7 percent of the total amount of 

21 those funds for the purpose of entering into a coop22 erative agreement or contract with one or more trib23 al organizations with demonstrated expertise in pro24 viding training and technical assistance to Indian 

25 tribes in addressing domestic violence, dating vio-
343

•HR 3402 EH 

1 lence, sexual assault, and stalking against members 

2 of Indian tribes, tribal law, and customary pratices. 

3 At least one of the cooperative agreements or con4 tracts shall be entered into with a single tribal orga5 nization to provide comprehensive technical assist6 ance to participating tribal governments. Such train7 ing and technical assistance shall be specifically de8 signed to address the unique legal unique legal sta9 tus, distinct cultural ways of life, and geographic cir10 cumstances of the Indian tribes receiving funds 

11 under the program. 

12 ‘‘(e) RECIPIENT REQUIREMENTS.—

13 ‘‘(1) IN GENERAL.—Indian tribes may receive 

14 funds under the program required by this section as 

15 individual tribes or as a consortium of tribes. 

16 ‘‘(2) SUBGRANTS AND OTHER ARRANGE17 MENTS.—Participating tribes may make subgrants 

18 or enter into contracts or cooperative agreements 

19 with the funds under the program to enhance the 

20 safety of, and end domestic violence, dating violence, 

21 sexual assault, and stalking against, members of In22 dian tribes. 

23 ‘‘(3) SET ASIDE.—Participating tribes must set 

24 aside no less than 50 percent of their total allocation 

25 under this section for tribally specific domestic vio-
344

•HR 3402 EH 

1 lence, dating violence, sexual assault, or stalking vic2 tim services and advocacy for members of Indian 

3 tribes. The services supported with funds under the 

4 program must be designed to address the unique cir5 cumstances of the individuals to be served, including 

6 the customary practices and linguistic needs of the 

7 individuals within the tribal community to be served. 

8 Tribes shall give preference to tribal organizations 

9 or tribal nonprofit organizations providing advocacy 

10 services to members of Indian tribes within the com11 munity to be served such as a safety center or shel12 ter program for members of Indian tribes. In the 

13 case where the above organizations do not exist 

14 within the participating tribe, the participation and 

15 support from members of Indian tribes in the com16 munity to be served is sufficient to meet this re17 quirement. 

18 ‘‘(f) ADMINISTRATION REQUIREMENTS.—

19 ‘‘(1) APPLICATION.—To reduce the administra20 tive burden for Indian tribes, the Director shall pre21 pare an expedited application process for Indian 

22 tribes participating in the program required by this 

23 section. The expedited process shall facilitate partici24 pating tribes’ submission of information—

25 ‘‘(A) outlining project activities; 
345

•HR 3402 EH 

1 ‘‘(B) describing how the project activities 

2 will enhance the Indian tribe’s response to do3 mestic violence, dating violence, sexual assault, 

4 and stalking against members of Indian tribes; 

5 and 

6 ‘‘(C) identifying the tribal partner pro7 viding advocacy and related services for mem8 bers of Indian tribes who are victims of crimes 

9 of domestic violence, dating violence, sexual as10 sault, and stalking. 

11 ‘‘(2) REPORTING AND EVALUATION.—The Di12 rector shall alleviate administrative burdens upon 

13 participating Indian tribes by—

14 ‘‘(A) developing a reporting and evaluation 

15 process relevant to the distinct governance of 

16 Indian tribes; 

17 ‘‘(B) requiring only essential data to be 

18 collected; and 

19 ‘‘(C) limiting reporting to an annual basis. 

20 ‘‘(3) GRANT PERIOD.—The Director shall 

21 award grants for a two-year period, with a possible 

22 extension of another two years to implement projects 

23 under the grant. 

24 ‘‘(g) PRESUMPTION THAT MATCHING FUNDS NOT

25 REQUIRED.—
346

•HR 3402 EH 

1 ‘‘(1) IN GENERAL.—Given the unique political 

2 relationship between the United States and Indian 

3 tribes differentiates tribes from other entities that 

4 deal with or are affected by, the Federal Govern5 ment, the Director shall not require an Indian tribe 

6 to match funds under this section, except as pro7 vided in paragraph (2). 

8 ‘‘(2) EXCEPTION.—If the Director determines 

9 that an Indian tribe has adequate resources to com10 ply with a matching requirement that would other11 wise apply but for the operation of paragraph (1), 

12 the Director may waive the operation of paragraph 

13 (1) for that tribe. 

14 ‘‘(h) EVALUATION.—The Director shall award a con15 tract or cooperative agreement to evaluate programs under 

16 this section to an entity with the demonstrated expertise 

17 in domestic violence, dating violence, sexual assault, and 

18 stalking and knowledge and experience in—

19 ‘‘(1) the development and delivery of services to 

20 members of Indian tribes who are victimized; 

21 ‘‘(2) the development and implementation of 

22 tribal governmental responses to such crimes; and 

23 ‘‘(3) the traditional and customary practices of 

24 Indian tribes to such crimes.’’. 
347

•HR 3402 EH 

1 SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF 

2 PROSECUTION OF SEXUAL ASSAULT AND DO3 MESTIC VIOLENCE ON TRIBAL LANDS. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this section, the Comptroller General 

6 of the United States shall submit to the Congress a report 

7 on the prosecution of sexual assault and domestic violence 

8 committed against adult American Indians and Alaska 

9 Natives. 

10 (b) CONTENTS OF REPORT.—The report required by 

11 subsection (a) shall include the following: 

12 (1) An assessment of the effectiveness of pros13 ecution of such cases by the United States district 

14 attorneys of such cases. 

15 (2) For each district containing Indian country, 

16 a summary of the number of sexual assault and do17 mestic violence related cases within Federal criminal 

18 jurisdiction and charged according to the following 

19 provisions of title 18, United States Code: Sections 

20 1153, 1152, 113, 2261(a)(1)(2), 2261A(1), 

21 2261A(2), and 922(g)(8). 

22 (3) A summary of the number of—

23 (A) reports received; 

24 (B) investigations conducted; 

25 (C) declinations and basis for declination; 
348

•HR 3402 EH 

1 (D) prosecutions, including original charge 

2 and final disposition; 

3 (E) sentences imposed upon conviction; 

4 and 

5 (F) male victims, female victims, Indian 

6 defendants, and non-Indian defendants. 

7 (4) The priority assigned by the district to the 

8 prosecution of such cases and the percentage of such 

9 cases prosecuted to total cases prosecuted. 

10 (5) Any recommendations by the Comptroller 

11 General for improved Federal prosecution of such 

12 cases. 

13 (c) YEARS COVERED.—The report required by this 

14 section shall cover the years 2000 through 2005. 

15 TITLE XI—PUBLIC AWARENESS 

16 CAMPAIGN REGARDING DO17 MESTIC VIOLENCE AGAINST 

18 PREGNANT WOMEN 

19 SEC. 1101. PUBLIC AWARENESS CAMPAIGN. 

20 (a) IN GENERAL.—The Attorney General, acting 

21 through the Office on Violence Against Women], shall 

22 make grants to States for carrying out a campaign to in23 crease public awareness of issues regarding domestic vio24 lence against pregnant women. 
349

•HR 3402 EH 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—For the 

2 purpose of carrying out this section, there are authorized 

3 to be appropriated such sums as may be necessary for 

4 each of the fiscal years 2006 through 2010.

Passed the House of Representatives September 28, 

2005. 

Attest:

Clerk.