PUBLIC LAW 109–162—JAN. 5, 2006

VIOLENCE AGAINST WOMEN AND

DEPARTMENT OF JUSTICE

REAUTHORIZATION ACT OF 2005

119 STAT. 2960 PUBLIC LAW 109–162—JAN. 5, 2006

Public Law 109–162

109th Congress

An Act

To authorize appropriations for the Department of Justice for fiscal years 2006

through 2009, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Department of Justice Reauthorization Act of 2005’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Universal definitions and grant provisions.

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO

COMBAT VIOLENCE AGAINST WOMEN

Sec. 101. Stop grants improvements.

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

Sec. 103. Legal Assistance for Victims improvements.

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

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

Sec. 106. Full faith and credit improvements.

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

Sec. 108. Sex offender management.

Sec. 109. Stalker database.

Sec. 110. Federal victim assistants reauthorization.

Sec. 111. Grants for law enforcement training programs.

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

Sec. 113. Preventing cyberstalking.

Sec. 114. Criminal provision relating to stalking.

Sec. 115. Repeat offender provision.

Sec. 116. Prohibiting dating violence.

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

Sec. 118. Updating protection order definition.

Sec. 119. GAO study and report.

Sec. 120. Grants for outreach to underserved populations.

Sec. 121. Enhancing culturally and linguistically specific services for victims of domestic violence, dating violence, sexual assault, and stalking.

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE,

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

Sec. 201. Findings.

Sec. 202. Sexual assault services program.

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

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

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

Sec. 206. Strengthening the National Domestic Violence Hotline.

42 USC 13701

note.

Violence Against

Women and

Department of

Justice

Reauthorization

Act of 2005.

Jan. 5, 2006

[H.R. 3402]

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2961

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF

VIOLENCE

Sec. 301. Findings.

Sec. 302. Rape prevention and education.

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

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

Sec. 305. Juvenile justice.

Sec. 306. Safe havens.

TITLE IV—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING

VIOLENCE

Sec. 401. Preventing violence against women and children.

Sec. 403. Public Awareness Campaign.

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

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND

STALKING

Sec. 501. Findings.

Sec. 502. Purpose.

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

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

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

TITLE VI—HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED

WOMEN AND CHILDREN

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

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

dating violence, sexual assault, or stalking.

Sec. 603. Public housing authority plans reporting requirement.

Sec. 604. Housing strategies.

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

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

Sec. 607. Amendments to the public housing program.

TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

Sec. 701. Grant for National Resource Center on Workplace Responses to assist victims of domestic and sexual violence.

TITLE VIII—PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS

Subtitle A—Victims of Crime

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

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

Sec. 803. Adjustment of status.

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

Sec. 805. Protecting victims of child abuse.

Subtitle B—VAWA Self-Petitioners

Sec. 811. Definition of VAWA self-petitioner.

Sec. 812. Application in case of voluntary departure.

Sec. 813. Removal proceedings.

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

Sec. 815. Application for VAWA-related relief.

Sec. 816. Self-petitioning parents.

Sec. 817. VAWA confidentiality nondisclosure.

Subtitle C—Miscellaneous Amendments

Sec. 821. Duration of T and U visas.

Sec. 822. Technical correction to references in application of special physical presence and good moral character rules.

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

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

Sec. 825. Motions to reopen.

119 STAT. 2962 PUBLIC LAW 109–162—JAN. 5, 2006

Sec. 826. Protecting abused juveniles.

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

of information.

Sec. 828. Rulemaking.

Subtitle D—International Marriage Broker Regulation

Sec. 831. Short title.

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

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

Sec. 834. Sharing of certain information.

TITLE IX—SAFETY FOR INDIAN WOMEN

Sec. 901. Findings.

Sec. 902. Purposes.

Sec. 903. Consultation.

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

Sec. 905. Tracking of violence against Indian women.

Sec. 906. Grants to Indian tribal governments.

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

Sec. 908. Enhanced criminal law resources.

Sec. 909. Domestic assault by an habitual offender.

TITLE X—DNA FINGERPRINTING

Sec. 1001. Short title.

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

Sec. 1003. Expanded use of CODIS grants.

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

or detained under Federal authority.

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

TITLE XI—DEPARTMENT OF JUSTICE REAUTHORIZATION

Subtitle A—Authorization of Appropriations

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

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

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

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

Sec. 1105. Organized retail theft.

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

Sec. 1107. National Gang Intelligence Center.

Subtitle B—Improving the Department of Justice’s Grant Programs

CHAPTER 1—ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES

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

Grant Program.

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

to receive Public Safety Officer Medal of Valor.

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

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

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

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

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

CRIME

Sec. 1121. Office of Weed and Seed Strategies.

CHAPTER 3—ASSISTING VICTIMS OF CRIME

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

victims of crime.

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

victims fund.

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

training purposes.

Sec. 1134. Clarification of authorities relating to Violence Against Women formula

and discretionary grant programs.

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

Sec. 1136. Grants for young witness assistance.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2963

CHAPTER 4—PREVENTING CRIME

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

drug courts.

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

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

courts that supervise non-offenders with substance abuse problems.

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

Sec. 1145. Enhanced residential substance abuse treatment program for State prisoners. Sec. 1146. Residential Substance Abuse Treatment Program for Federal facilities.

CHAPTER 5—OTHER MATTERS

Sec. 1151. Changes to certain financial authorities.

Sec. 1152. Coordination duties of Assistant Attorney General.

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

laws.

Sec. 1154. Repeal of certain programs.

Sec. 1155. Elimination of certain notice and hearing requirements.

Sec. 1156. Amended definitions for purposes of Omnibus Crime Control and Safe

Streets Act of 1968.

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

health care items and services.

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

Sec. 1159. Community Capacity Development Office.

Sec. 1160. Office of Applied Law Enforcement Technology.

Sec. 1161. Availability of funds for grants.

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

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

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

death benefits programs.

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

Sec. 1166. Reauthorization of juvenile accountability block grants.

Sec. 1167. Sex offender management.

Sec. 1168. Evidence-based approaches.

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

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

Subtitle C—Miscellaneous Provisions

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

Sec. 1172. Miscellaneous technical amendments.

Sec. 1173. Use of Federal training facilities.

Sec. 1174. Privacy officer.

Sec. 1175. Bankruptcy crimes.

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

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

in correctional facilities.

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

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

Sec. 1180. Technical corrections relating to steroids.

Sec. 1181. Prison Rape Commission extension.

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

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

Sec. 1184. SEARCH Grants.

Sec. 1185. Reauthorization of Law Enforcement Tribute Act.

Sec. 1186. Amendment regarding bullying and gangs.

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

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

Sec. 1189. National Training Center.

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

Sec. 1191. Public employee uniforms.

Sec. 1192. Officially approved postage.

Sec. 1193. Authorization of additional appropriations.

Sec. 1194. Assistance to courts.

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

violence at domestic violence shelters.

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

119 STAT. 2964 PUBLIC LAW 109–162—JAN. 5, 2006

Sec. 1197. Extension of Child Safety Pilot Program.

Sec. 1198. Transportation and subsistence for special sessions of District Courts.

Sec. 1199. Youth Violence Reduction Demonstration Projects.

SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS.

(a) IN GENERAL.—The Violence Against Women Act of 1994

(108 Stat. 1902 et seq.) is amended by adding after section 40001

the following:

‘‘SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.

‘‘(a) DEFINITIONS.—In this title:

‘‘(1) COURTS.—The term ‘courts’ means any civil or criminal,

tribal, and Alaskan Village, Federal, State, local or territorial

court having jurisdiction to address domestic violence, dating

violence, sexual assault or stalking, including immigration,

family, juvenile, and dependency courts, and the judicial officers

serving in those courts, including judges, magistrate judges,

commissioners, justices of the peace, or any other person with

decisionmaking authority.

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

and neglect’ means any recent act or failure to act on the

part of a parent or caregiver with intent to cause death, serious

physical or emotional harm, sexual abuse, or exploitation, or

an act or failure to act which presents an imminent risk of

serious harm. This definition shall not be construed to mean

that failure to leave an abusive relationship, in the absence

of other action constituting abuse or neglect, is itself abuse

or neglect.

‘‘(3) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means an organization that—

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

violence, sexual assault, or stalking;

‘‘(B) has established a specialized culturally specific

program that addresses domestic violence, dating violence,

sexual assault, or stalking;

‘‘(C) has a primary focus on underserved populations

(and includes representatives of these populations) and

domestic violence, dating violence, sexual assault, or

stalking; or

‘‘(D) obtains expertise, or shows demonstrated capacity

to work effectively, on domestic violence, dating violence,

sexual assault, and stalking through collaboration.

‘‘(4) CHILD MALTREATMENT.—The term ‘child maltreatment’

means the physical or psychological abuse or neglect of a child

or youth, including sexual assault and abuse.

‘‘(5) COURT-BASED AND COURT-RELATED PERSONNEL.—The

term ‘court-based’ and ‘court-related personnel’ mean persons

working in the court, whether paid or volunteer, including—

‘‘(A) clerks, special masters, domestic relations officers,

administrators, mediators, custody evaluators, guardians

ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial,

administrative, or any other professionals or personnel

similarly involved in the legal process;

‘‘(B) court security personnel;

‘‘(C) personnel working in related, supplementary

offices or programs (such as child support enforcement);

and

42 USC 13925.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2965

‘‘(D) any other court-based or community-based personnel having responsibilities or authority to address

domestic violence, dating violence, sexual assault, or

stalking in the court system.

‘‘(6) DOMESTIC VIOLENCE.—The term ‘domestic violence’

includes felony or misdemeanor crimes of violence committed

by a current or former spouse of the victim, by a person with

whom the victim shares a child in common, by a person who

is cohabitating with or has cohabitated with the victim as

a spouse, by a person similarly situated to a spouse of the

victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against

an adult or youth victim who is protected from that person’s

acts under the domestic or family violence laws of the jurisdiction.

‘‘(7) DATING PARTNER.—The term ‘dating partner’ refers

to a person who is or has been in a social relationship of

a romantic or intimate nature with the abuser, and where

the existence of such a relationship shall be determined based

on a consideration of—

‘‘(A) the length of the relationship;

‘‘(B) the type of relationship; and

‘‘(C) the frequency of interaction between the persons

involved in the relationship.

‘‘(8) DATING VIOLENCE.—The term ‘dating violence’ means

violence committed by a person—

‘‘(A) who is or has been in a social relationship of

a romantic or intimate nature with the victim; and

‘‘(B) where the existence of such a relationship shall

be determined based on a consideration of the following

factors:

‘‘(i) The length of the relationship.

‘‘(ii) The type of relationship.

‘‘(iii) The frequency of interaction between the persons involved in the relationship.

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

action against a person who is 50 years of age or older that

constitutes the willful—

‘‘(A) infliction of injury, unreasonable confinement,

intimidation, or cruel punishment with resulting physical

harm, pain, or mental anguish; or

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

of goods or services with intent to cause physical harm,

mental anguish, or mental illness.

‘‘(10) INDIAN.—The term ‘Indian’ means a member of an

Indian tribe.

‘‘(11) INDIAN COUNTRY.—The term ‘Indian country’ has the

same meaning given such term in section 1151 of title 18,

United States Code.

‘‘(12) INDIAN HOUSING.—The term ‘Indian housing’ means

housing assistance described in the Native American Housing

Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101

et seq., as amended).

‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’ means a tribe,

band, pueblo, nation, or other organized group or community

of Indians, including any Alaska Native village or regional

or village corporation (as defined in, or established pursuant

119 STAT. 2966 PUBLIC LAW 109–162—JAN. 5, 2006

to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601

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

and services provided by the United States to Indians because

of their status as Indians.

‘‘(14) INDIAN LAW ENFORCEMENT.—The term ‘Indian law

enforcement’ means the departments or individuals under the

direction of the Indian tribe that maintain public order.

‘‘(15) LAW ENFORCEMENT.—The term ‘law enforcement’

means a public agency charged with policing functions,

including any of its component bureaus (such as governmental

victim services programs), including those referred to in section

3 of the Indian Enforcement Reform Act (25 U.S.C. 2802).

‘‘(16) LEGAL ASSISTANCE.—The term ‘legal assistance’

includes assistance to adult and youth victims of domestic

violence, dating violence, sexual assault, and stalking in—

‘‘(A) family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus

administrative or protection or stay away order proceedings, and other similar matters; and

‘‘(B) criminal justice investigations, prosecutions and

post-trial matters (including sentencing, parole, and probation) that impact the victim’s safety and privacy.

‘‘(17) LINGUISTICALLY AND CULTURALLY SPECIFIC SERVICES.—The term ‘linguistically and culturally specific services’

means community-based services that offer full linguistic access

and culturally specific services and resources, including outreach, collaboration, and support mechanisms primarily

directed toward underserved communities.

‘‘(18) PERSONALLY IDENTIFYING INFORMATION OR PERSONAL

INFORMATION.—The term ‘personally identifying information’

or ‘personal information’ means individually identifying

information for or about an individual including information

likely to disclose the location of a victim of domestic violence,

dating violence, sexual assault, or stalking, including—

‘‘(A) a first and last name;

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

‘‘(C) contact information (including a postal, e-mail or

Internet protocol address, or telephone or facsimile

number);

‘‘(D) a social security number; and

‘‘(E) any other information, including date of birth,

racial or ethnic background, or religious affiliation, that,

in combination with any of subparagraphs (A) through

(D), would serve to identify any individual.

‘‘(19) PROSECUTION.—The term ‘prosecution’ means any

public agency charged with direct responsibility for prosecuting

criminal offenders, including such agency’s component bureaus

(such as governmental victim services programs).

‘‘(20) PROTECTION ORDER OR RESTRAINING ORDER.—The

term ‘protection order’ or ‘restraining order’ includes—

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

order issued by a civil or criminal court for the purpose

of preventing violent or threatening acts or harassment

against, sexual violence or contact or communication with

or physical proximity to, another person, including any

temporary or final orders issued by civil or criminal courts

whether obtained by filing an independent action or as

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2967

a pendente lite order in another proceeding so long as

any civil order was issued in response to a complaint,

petition, or motion filed by or on behalf of a person seeking

protection; and

‘‘(B) any support, child custody or visitation provisions,

orders, remedies, or relief issued as part of a protection

order, restraining order, or stay away injunction pursuant

to State, tribal, territorial, or local law authorizing the

issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence,

dating violence, sexual assault, or stalking.

‘‘(21) RURAL AREA AND RURAL COMMUNITY.—The term ‘rural

area’ and ‘rural community’ mean—

‘‘(A) any area or community, respectively, no part of

which is within an area designated as a standard metropolitan statistical area by the Office of Management and

Budget; or

‘‘(B) any area or community, respectively, that is—

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

statistical area or considered as part of a metropolitan

statistical area; and

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

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

that has a population density of 52 or fewer persons per square

mile or a State in which the largest county has fewer than

150,000 people, based on the most recent decennial census.

‘‘(23) SEXUAL ASSAULT.—The term ‘sexual assault’ means

any conduct prescribed by chapter 109A of title 18, United

States Code, whether or not the conduct occurs in the special

maritime and territorial jurisdiction of the United States or

in a Federal prison and includes both assaults committed by

offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or

marriage to the victim.

‘‘(24) STALKING.—The term ‘stalking’ means engaging in

a course of conduct directed at a specific person that would

cause a reasonable person to—

‘‘(A) fear for his or her safety or the safety of others;

or

‘‘(B) suffer substantial emotional distress.

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

States and the District of Columbia, and except as otherwise

provided, the Commonwealth of Puerto Rico, Guam, American

Samoa, the Virgin Islands, and the Northern Mariana Islands.

‘‘(26) STATE DOMESTIC VIOLENCE COALITION.—The term

‘State domestic violence coalition’ means a program determined

by the Administration for Children and Families under the

Family Violence Prevention and Services Act (42 U.S.C.

10410(b)).

‘‘(27) STATE SEXUAL ASSAULT COALITION.—The term ‘State

sexual assault coalition’ means a program determined by the

Center for Injury Prevention and Control of the Centers for

Disease Control and Prevention under the Public Health Service

Act (42 U.S.C. 280b et seq.).

‘‘(28) TERRITORIAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT

COALITION.—The term ‘territorial domestic violence or sexual

119 STAT. 2968 PUBLIC LAW 109–162—JAN. 5, 2006

assault coalition’ means a program addressing domestic or

sexual violence that is—

‘‘(A) an established nonprofit, nongovernmental territorial coalition addressing domestic violence or sexual

assault within the territory; or

‘‘(B) a nongovernmental organization with a demonstrated history of addressing domestic violence or sexual

assault within the territory that proposes to incorporate

as a nonprofit, nongovernmental territorial coalition.

‘‘(29) TRIBAL COALITION.—The term ‘tribal coalition’

means—

‘‘(A) an established nonprofit, nongovernmental tribal

coalition addressing domestic violence and sexual assault

against American Indian or Alaskan Native women; or

‘‘(B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to

address domestic violence and sexual assault against American Indian or Alaska Native women.

‘‘(30) TRIBAL GOVERNMENT.—The term ‘tribal government’

means—

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

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

group or community of Indians, including any Alaska

Native village or regional or village corporation (as defined

in, or established pursuant to, the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized

as eligible for the special programs and services provided

by the United States to Indians because of their status

as Indians.

‘‘(31) TRIBAL ORGANIZATION.—The term ‘tribal organization’

means—

‘‘(A) the governing body of any Indian tribe;

‘‘(B) any legally established organization of Indians

which is controlled, sanctioned, or chartered by such governing body of a tribe or tribes to be served, or which

is democratically elected by the adult members of the

Indian community to be served by such organization and

which includes the maximum participation of Indians in

all phases of its activities; or

‘‘(C) any tribal nonprofit organization.

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

populations’ includes populations underserved because of

geographic location, underserved racial and ethnic populations,

populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any

other population determined to be underserved by the Attorney

General or by the Secretary of Health and Human Services,

as appropriate.

‘‘(33) VICTIM ADVOCATE.—The term ‘victim advocate’ means

a person, whether paid or serving as a volunteer, who provides

services to victims of domestic violence, sexual assault, stalking,

or dating violence under the auspices or supervision of a victim

services program.

‘‘(34) VICTIM ASSISTANT.—The term ‘victim assistant’ means

a person, whether paid or serving as a volunteer, who provides

services to victims of domestic violence, sexual assault, stalking,

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2969

or dating violence under the auspices or supervision of a court

or a law enforcement or prosecution agency.

‘‘(35) VICTIM SERVICES OR VICTIM SERVICE PROVIDER.—The

term ‘victim services’ or ‘victim service provider’ means a nonprofit, nongovernmental organization that assists domestic

violence, dating violence, sexual assault, or stalking victims,

including rape crisis centers, domestic violence shelters, faithbased organizations, and other organizations, with a documented history of effective work concerning domestic violence,

dating violence, sexual assault, or stalking.

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

adult victims of domestic violence, dating violence, sexual

assault, or stalking.

‘‘(b) GRANT CONDITIONS.—

‘‘(1) MATCH.—No matching funds shall be required for a

grant or subgrant made under this title for any tribe, territory,

victim service provider, or any entity that the Attorney General

determines has adequately demonstrated financial need.

‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

INFORMATION.—

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

adult, youth, and child victims of domestic violence, dating

violence, sexual assault, or stalking, and their families,

grantees and subgrantees under this title shall protect

the confidentiality and privacy of persons receiving services.

‘‘(B) NONDISCLOSURE.—Subject to subparagraphs (C)

and (D), grantees and subgrantees shall not—

‘‘(i) disclose any personally identifying information

or individual information collected in connection with

services requested, utilized, or denied through

grantees’ and subgrantees’ programs; or

‘‘(ii) reveal individual client information without

the informed, written, reasonably time-limited consent

of the person (or in the case of an unemancipated

minor, the minor and the parent or guardian or in

the case of persons with disabilities, the guardian)

about whom information is sought, whether for this

program or any other Federal, State, tribal, or territorial grant program, except that consent for release

may not be given by the abuser of the minor, person

with disabilities, or the abuser of the other parent

of the minor.

‘‘(C) RELEASE.—If release of information described in

subparagraph (B) is compelled by statutory or court

mandate—

‘‘(i) grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by

the disclosure of information; and

‘‘(ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons

affected by the release of the information.

‘‘(D) INFORMATION SHARING.—Grantees and subgrantees may share—

‘‘(i) nonpersonally identifying data in the aggregate

regarding services to their clients and nonpersonally

identifying demographic information in order to comply

119 STAT. 2970 PUBLIC LAW 109–162—JAN. 5, 2006

with Federal, State, tribal, or territorial reporting,

evaluation, or data collection requirements;

‘‘(ii) court-generated information and law-enforcement generated information contained in secure,

governmental registries for protection order enforcement purposes; and

‘‘(iii) law enforcement- and prosecution-generated

information necessary for law enforcement and

prosecution purposes.

‘‘(E) OVERSIGHT.—Nothing in this paragraph shall prevent the Attorney General from disclosing grant activities

authorized in this Act to the chairman and ranking members of the Committee on the Judiciary of the House of

Representatives and the Committee on the Judiciary of

the Senate exercising Congressional oversight authority.

All disclosures shall protect confidentiality and omit

personally identifying information, including location

information about individuals.

‘‘(3) APPROVED ACTIVITIES.—In carrying out the activities

under this title, grantees and subgrantees may collaborate with

and provide information to Federal, State, local, tribal, and

territorial public officials and agencies to develop and implement policies to reduce or eliminate domestic violence, dating

violence, sexual assault, and stalking.

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

under this title shall be used to supplement, not supplant,

non-Federal funds that would otherwise be available for activities under this title.

‘‘(5) USE OF FUNDS.—Funds authorized and appropriated

under this title may be used only for the specific purposes

described in this title and shall remain available until

expended.

‘‘(6) REPORTS.—An entity receiving a grant under this title

shall submit to the disbursing agency a report detailing the

activities undertaken with the grant funds, including and providing additional information as the agency shall require.

‘‘(7) EVALUATION.—Federal agencies disbursing funds under

this title shall set aside up to 3 percent of such funds in

order to conduct—

‘‘(A) evaluations of specific programs or projects funded

by the disbursing agency under this title or related

research; or

‘‘(B) evaluations of promising practices or problems

emerging in the field or related research, in order to inform

the agency or agencies as to which programs or projects

are likely to be effective or responsive to needs in the

field.

‘‘(8) NONEXCLUSIVITY.—Nothing in this title shall be construed to prohibit male victims of domestic violence, dating

violence, sexual assault, and stalking from receiving benefits

and services under this title.

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

for the grant program under this title may not be used to

fund civil representation in a lawsuit based on a tort claim.

This paragraph should not be construed as a prohibition on

providing assistance to obtain restitution in a protection order

or criminal case.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2971

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

for the grant program shall be subject to the prohibition in

section 1913 of title 18, United States Code, relating to lobbying

with appropriated moneys.

‘‘(11) TECHNICAL ASSISTANCE.—If there is a demonstrated

history that the Office on Violence Against Women has previously set aside amounts greater than 8 percent for technical

assistance and training relating to grant programs authorized

under this title, the Office has the authority to continue setting

aside amounts greater than 8 percent.’’.

(b) CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.—

(1) STALKING AND DOMESTIC VIOLENCE.—Section 40610 of

the Violence Against Women Act of 1994 (42 U.S.C. 14039)

is amended by striking ‘‘The Attorney General shall submit

to the Congress an annual report, beginning 1 year after the

date of the enactment of this Act, that provides’’ and inserting

‘‘Each even-numbered fiscal year, the Attorney General shall

submit to the Congress a biennial report that provides’’.

(2) SAFE HAVENS FOR CHILDREN.—Section 1301(d)(l) of the

Victims of Trafficking and Violence Protection Act of 2000

(42 U.S.C. 10420(d)(1)) is amended in the matter preceding

subparagraph (A) by striking ‘‘Not later than 1 year after

the last day of the first fiscal year commencing on or after

the date of enactment of this Act, and not later than 180

days after the last day of each fiscal year thereafter,’’ and

inserting ‘‘Not later than 1 month after the end of each evennumbered fiscal year,’’.

(3) STOP VIOLENCE AGAINST WOMEN FORMULA GRANTS.—

Section 2009(b) of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796gg–3) is amended by striking ‘‘Not

later than’’ and all that follows through ‘‘the Attorney General

shall submit’’ and inserting the following: ‘‘Not later than 1

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

Attorney General shall submit’’.

(4) TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD

VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL

ASSAULT.—Section 40299(f) of the Violence Against Women Act

of 1994 (42 U.S.C. 13975(f)) is amended by striking ‘‘shall

annually prepare and submit to the Committee on the Judiciary

of the House of Representatives and the Committee on the

Judiciary of the Senate a report that contains a compilation

of the information contained in the report submitted under

subsection (e) of this section.’’ and inserting ‘‘shall prepare

and submit to the Committee on the Judiciary of the House

of Representatives and the Committee on the Judiciary of the

Senate a report that contains a compilation of the information

contained in the report submitted under subsection (e) of this

section not later than 1 month after the end of each evennumbered fiscal year.’’.

(c) DEFINITIONS AND GRANT CONDITIONS IN CRIME CONTROL

ACT.—

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

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

amended by striking section 2008 and inserting the following:

119 STAT. 2972 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘SEC. 2008. DEFINITIONS AND GRANT CONDITIONS.

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

40002 of the Violence Against Women Act of 1994 shall apply.’’.

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

and Safe Streets Act of 1968 is amended to read as follows:

‘‘SEC. 2105. DEFINITIONS AND GRANT CONDITIONS.

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

40002 of the Violence Against Women Act of 1994 shall apply.’’.

(d) DEFINITIONS AND GRANT CONDITIONS IN 2000 ACT.—Section

1002 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg–

2 note) is amended to read as follows:

‘‘SEC. 1002. DEFINITIONS AND GRANT CONDITIONS.

‘‘In this division the definitions and grant conditions in section

40002 of the Violence Against Women Act of 1994 shall apply.’’.

TITLE I—ENHANCING JUDICIAL AND

LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN

SEC. 101. STOP GRANTS IMPROVEMENTS.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(18)

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

of 1968 (42 U.S.C. 3793(a)(18)) is amended by striking ‘‘$185,000,000

for each of fiscal years 2001 through 2005’’ and inserting

‘‘$225,000,000 for each of fiscal years 2007 through 2011’’.

(b) PURPOSE AREA ENHANCEMENTS.—Section 2001(b) of title

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

(42 U.S.C. 3796gg(b)) is amended—

(1) in paragraph (10), by striking ‘‘and’’ after the semicolon;

(2) in paragraph (11), by striking the period and inserting

a semicolon; and

(3) by adding at the end the following:

‘‘(12) maintaining core victim services and criminal justice

initiatives, while supporting complementary new initiatives and

emergency services for victims and their families;

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

(to be known as ‘Jessica Gonzales Victim Assistants’) in local

law enforcement agencies to serve as liaisons between victims

of domestic violence, dating violence, sexual assault, and

stalking and personnel in local law enforcement agencies in

order to improve the enforcement of protection orders. Jessica

Gonzales Victim Assistants shall have expertise in domestic

violence, dating violence, sexual assault, or stalking and may

undertake the following activities—

‘‘(A) developing, in collaboration with prosecutors,

courts, and victim service providers, standardized response

policies for local law enforcement agencies, including triage

protocols to ensure that dangerous or potentially lethal

cases are identified and prioritized;

‘‘(B) notifying persons seeking enforcement of protection orders as to what responses will be provided by the

relevant law enforcement agency;

Jessica Gonzales.

Applicability.

Applicability.

42 USC

3796hh–4.

Applicability.

42 USC

3796gg–2.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2973

‘‘(C) referring persons seeking enforcement of protection orders to supplementary services (such as emergency

shelter programs, hotlines, or legal assistance services);

and

‘‘(D) taking other appropriate action to assist or secure

the safety of the person seeking enforcement of a protection

order; and

‘‘(14) to provide funding to law enforcement agencies, nonprofit nongovernmental victim services providers, and State,

tribal, territorial, and local governments, (which funding stream

shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote—

‘‘(A) the development and implementation of training

for local victim domestic violence service providers, and

to fund victim services personnel, to be known as ‘Crystal

Judson Victim Advocates,’ to provide supportive services

and advocacy for victims of domestic violence committed

by law enforcement personnel;

‘‘(B) the implementation of protocols within law

enforcement agencies to ensure consistent and effective

responses to the commission of domestic violence by personnel within such agencies (such as the model policy

promulgated by the International Association of Chiefs of

Police (‘Domestic Violence by Police Officers: A Policy of

the IACP, Police Response to Violence Against Women

Project’ July 2003));

‘‘(C) the development of such protocols in collaboration

with State, tribal, territorial and local victim service providers and domestic violence coalitions.

Any law enforcement, State, tribal, territorial, or local government agency receiving funding under the Crystal Judson

Domestic Violence Protocol Program under paragraph (14) shall

on an annual basis, receive additional training on the topic

of incidents of domestic violence committed by law enforcement

personnel from domestic violence and sexual assault nonprofit

organizations and, after a period of 2 years, provide a report

of the adopted protocol to the Department of Justice, including

a summary of progress in implementing such protocol.’’.

(c) CLARIFICATION OF ACTIVITIES REGARDING UNDERSERVED

POPULATIONS.—Section 2007 of the Omnibus Crime Control and

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

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

the following: ‘‘and describe how the State will address the

needs of underserved populations’’; and

(2) in subsection (e)(2), by striking subparagraph (D) and

inserting the following:

‘‘(D) recognize and meaningfully respond to the needs

of underserved populations and ensure that monies set

aside to fund linguistically and culturally specific services

and activities for underserved populations are distributed

equitably among those populations.’’.

(d) TRIBAL AND TERRITORIAL SETASIDES.—Section 2007 of the

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

3796gg–1) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘5 percent’’ and

inserting ‘‘10 percent’’;

Reports.

Crystal Judson.

119 STAT. 2974 PUBLIC LAW 109–162—JAN. 5, 2006

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

‘‘1⁄56’’;

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

for the combined Territories of the United States, each

receiving an amount equal to 1⁄54’’ and inserting ‘‘coalitions

for Guam, American Samoa, the United States Virgin

Islands, and the Commonwealth of the Northern Mariana

Islands, each receiving an amount equal to 1⁄56’’; and

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

‘‘1⁄56’’;

(2) in subsection (c)(3)(B), by inserting after ‘‘victim services’’ the following: ‘‘, of which at least 10 percent shall be

distributed to culturally specific community-based organization’’; and

(3) in subsection (d)—

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

inserting ‘‘; and’’; and

(B) by adding at the end the following:

‘‘(4) documentation showing that tribal, territorial, State

or local prosecution, law enforcement, and courts have consulted

with tribal, territorial, State, or local victim service programs

during the course of developing their grant applications in

order to ensure that proposed services, activities and equipment

acquisitions are designed to promote the safety, confidentiality,

and economic independence of victims of domestic violence,

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

(e) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—

Section 2007 of the Omnibus Crime Control and Safe Streets Act

of 1968 (42 U.S.C. 3796gg–1) is amended by adding at the end

the following:

‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—

‘‘(1) IN GENERAL.—Of the total amounts appropriated under

this part, not less than 3 percent and up to 8 percent shall

be available for providing training and technical assistance

relating to the purpose areas of this part to improve the capacity

of grantees, subgrantees and other entities.

‘‘(2) INDIAN TRAINING.—The Director of the Office on

Violence Against Women shall ensure that training or technical

assistance regarding violence against Indian women will be

developed and provided by entities having expertise in tribal

law, customary practices, and Federal Indian law.’’.

(f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—Section 2010

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

U.S.C. 3796gg–4) is amended by adding at the end the following:

‘‘(c) USE OF FUNDS.—A State or Indian tribal government may

use Federal grant funds under this part to pay for forensic medical

exams performed by trained examiners for victims of sexual assault,

except that such funds may not be used to pay for forensic medical

exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement

for such exams from their insurance carriers.

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed to permit a State, Indian tribal government, or territorial government to require a victim of sexual assault to participate

in the criminal justice system or cooperate with law enforcement

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2975

in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both.

‘‘(e) JUDICIAL NOTIFICATION.—

‘‘(1) IN GENERAL.—A State or unit of local government

shall not be entitled to funds under this part unless the State

or unit of local government—

‘‘(A) certifies that its judicial administrative policies

and practices include notification to domestic violence

offenders of the requirements delineated in section

922(g)(8) and (g)(9) of title 18, United States Code, and

any applicable related Federal, State, or local laws; or

‘‘(B) gives the Attorney General assurances that its

judicial administrative policies and practices will be in

compliance with the requirements of subparagraph (A)

within the later of—

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

next session of the State legislature ends; or

‘‘(ii) 2 years.

‘‘(2) REDISTRIBUTION.—Funds withheld from a State or unit

of local government under subsection (a) shall be distributed

to other States and units of local government, pro rata.’’.

(g) POLYGRAPH TESTING PROHIBITION.—Part T of title I of the

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

3796gg et seq.) is amended by adding at the end the following:

‘‘SEC. 2013. POLYGRAPH TESTING PROHIBITION.

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

this part, a State, Indian tribal government, territorial government,

or unit of local government shall certify that, not later than 3

years after the date of enactment of this section, their laws, policies,

or practices will ensure that no law enforcement officer, prosecuting

officer or other government official shall ask or require an adult,

youth, or child victim of an alleged sex offense as defined under

Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition

for proceeding with the investigation of such an offense.

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

examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.’’.

SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS IMPROVEMENTS.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(19)

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

of 1968 (42 U.S.C. 3793(a)(19)) is amended by striking ‘‘$65,000,000

for each of fiscal years 2001 through 2005’’ and inserting

‘‘$75,000,000 for each of fiscal years 2007 through 2011. Funds

appropriated under this paragraph shall remain available until

expended.’’.

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

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

is amended—

(1) in subsection (a), by striking ‘‘to treat domestic violence

as a serious violation’’ and inserting ‘‘to treat domestic violence,

dating violence, sexual assault, and stalking as serious violations’’;

(2) in subsection (b)—

Deadline.

42 USC

3796gg–8.

Deadline.

Certification.

119 STAT. 2976 PUBLIC LAW 109–162—JAN. 5, 2006

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

after ‘‘State’’ the following: ‘‘, tribal, territorial,’’;

(B) in paragraph (1), by—

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

(ii) striking ‘‘mandatory arrest programs and’’;

(C) in paragraph (2), by—

(i) inserting after ‘‘educational programs,’’ the following: ‘‘protection order registries,’’;

(ii) striking ‘‘domestic violence and dating violence’’

and inserting ‘‘domestic violence, dating violence,

sexual assault, and stalking. Policies, educational programs, protection order registries, and training

described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic

violence, dating violence, sexual assault, and stalking’’;

(D) in paragraph (3), by—

(i) striking ‘‘domestic violence cases’’ and inserting

‘‘domestic violence, dating violence, sexual assault, and

stalking cases’’; and

(ii) striking ‘‘groups’’ and inserting ‘‘teams’’;

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

and dating violence’’ and inserting ‘‘domestic violence,

dating violence, sexual assault, and stalking’’;

(F) in paragraph (6), by—

(i) striking ‘‘other’’ and inserting ‘‘civil’’; and

(ii) inserting after ‘‘domestic violence’’ the following: ‘‘, dating violence, sexual assault, and stalking’’;

and

(G) by adding at the end the following:

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

procedures, and protocols for preventing dual arrests and

prosecutions in cases of domestic violence, dating violence,

sexual assault, and stalking, and to develop effective methods

for identifying the pattern and history of abuse that indicates

which party is the actual perpetrator of abuse.

‘‘(10) To plan, develop and establish comprehensive victim

service and support centers, such as family justice centers,

designed to bring together victim advocates from non-profit,

non-governmental victim services organizations, law enforcement officers, prosecutors, probation officers, governmental

victim assistants, forensic medical professionals, civil legal

attorneys, chaplains, legal advocates, representatives from

community-based organizations and other relevant public or

private agencies or organizations into one centralized location,

in order to improve safety, access to services, and confidentiality

for victims and families. Although funds may be used to support

the colocation of project partners under this paragraph, funds

may not support construction or major renovation expenses

or activities that fall outside of the scope of the other statutory

purpose areas.

‘‘(11) To develop and implement policies and training for

police, prosecutors, probation and parole officers, and the

judiciary in recognizing, investigating, and prosecuting

instances of sexual assault, with an emphasis on recognizing

the threat to the community for repeat crime perpetration

by such individuals.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2977

‘‘(12) To develop, enhance, and maintain protection order

registries.

‘‘(13) To develop human immunodeficiency virus (HIV)

testing programs for sexual assault perpetrators and notification and counseling protocols.’’;

(3) in subsection (c)—

(A) in paragraph (3), by striking ‘‘and’’ after the semicolon;

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

inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(5) certify that, not later than 3 years after the date

of enactment of this section, their laws, policies, or practices

will ensure that—

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

other government official shall ask or require an adult,

youth, or child victim of a sex offense as defined under

Federal, tribal, State, territorial, or local law to submit

to a polygraph examination or other truth telling device

as a condition for proceeding with the investigation of

such an offense; and

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

described in subparagraph (A) shall not prevent the investigation of the offense.’’; and

(4) by striking subsections (d) and (e) and inserting the

following:

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

government shall not be entitled to 5 percent of the funds allocated

under this part unless the State or unit of local government—

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

‘‘(A) the State or unit of local government at the request

of a victim to administer to a defendant, against whom

an information or indictment is presented for a crime in

which by force or threat of force the perpetrator compels

the victim to engage in sexual activity, testing for the

immunodeficiency virus (HIV) not later than 48 hours after

the date on which the information or indictment is presented;

‘‘(B) as soon as practicable notification to the victim,

or parent and guardian of the victim, and defendant of

the testing results; and

‘‘(C) follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such

test the results be made available in accordance with

subparagraph (B); or

‘‘(2) gives the Attorney General assurances that it laws

and regulations will be in compliance with requirements of

paragraph (1) within the later of—

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

session of the State legislature ends; or

‘‘(B) 2 years.

‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not less than 10 percent

of the total amount made available for grants under this section

for each fiscal year shall be available for grants to Indian tribal

governments.’’.

(c) APPLICATIONS.—Section 2102(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(b)) is

Deadline.

HIV.

Deadline.

Certification.

Certification.

Deadline.

HIV.

119 STAT. 2978 PUBLIC LAW 109–162—JAN. 5, 2006

amended in each of paragraphs (1) and (2) by inserting after

‘‘involving domestic violence’’ the following: ‘‘, dating violence, sexual

assault, or stalking’’.

(d) TRAINING, TECHNICAL ASSISTANCE, CONFIDENTIALITY.—Part

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

of 1968 (42 U.S.C. 3796hh et seq.) is amended by adding at the

end the following:

‘‘SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE.

‘‘Of the total amounts appropriated under this part, not less

than 5 percent and up to 8 percent shall be available for providing

training and technical assistance relating to the purpose areas

of this part to improve the capacity of grantees and other entities.’’.

SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.

Section 1201 of the Violence Against Women Act of 2000 (42

U.S.C. 3796gg–6) is amended—

(1) in subsection (a), by—

(A) inserting before ‘‘legal assistance’’ the following:

‘‘civil and criminal’’;

(B) inserting after ‘‘effective aid to’’ the following:

‘‘adult and youth’’; and

(C) inserting at the end the following: ‘‘Criminal legal

assistance provided for under this section shall be limited

to criminal matters relating to domestic violence, sexual

assault, dating violence, and stalking.’’;

(2) by striking subsection (b) and inserting the following:

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

section 40002 of the Violence Against Women Act of 1994 shall

apply.’’;

(3) in subsection (c), by inserting ‘‘and tribal organizations,

territorial organizations’’ after ‘‘Indian tribal governments’’;

(4) in subsection (d) by striking paragraph (2) and inserting

the following:

‘‘(2) any training program conducted in satisfaction of the

requirement of paragraph (1) has been or will be developed

with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault

or stalking organization or coalition, as well as appropriate

tribal, State, territorial, and local law enforcement officials;’’.

(5) in subsection (e), by inserting ‘‘dating violence,’’ after

‘‘domestic violence,’’; and

(6) in subsection (f)—

(A) by striking paragraph (1) and inserting the following:

‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $65,000,000 for each of fiscal years

2007 through 2011.’’; and

(B) in paragraph (2)(A), by—

(i) striking ‘‘5 percent’’ and inserting ‘‘10 percent’’;

and

(ii) inserting ‘‘adult and youth’’ after ‘‘that assist’’.

SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.

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

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119; 111 Stat. 2510) is amended—

(1) in subsection (a)(2)(C)—

Applicability.

42 USC

3796hh–5.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2979

(A) in the matter preceding clause (i), by striking ‘‘using

funds derived from a source other than the Corporation

to provide’’ and inserting ‘‘providing’’;

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

and all that follows and inserting ‘‘or a victim of sexual

assault or trafficking in the United States, or qualifies

for immigration relief under section 101(a)(15)(U) of the

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

or’’; and

(C) in clause (ii), by striking ‘‘has been battered’’ and

all that follows and inserting ‘‘, without the active participation of the alien, has been battered or subjected to extreme

cruelty or a victim of sexual assault or trafficking in the

United States, or qualifies for immigration relief under

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

Act (8 U.S.C. 1101(a)(15)(U)).’’; and

(2) in subsection (b)(2), by striking ‘‘described in such subsection’’ and inserting ‘‘, sexual assault or trafficking, or the

crimes listed in section 101(a)(15)(U)(iii) of the Immigration

and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’.

(b) SAVINGS PROVISION.—Nothing in this Act, or the amendments made by this Act, shall be construed to restrict the legal

assistance provided to victims of trafficking and certain family

members authorized under section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)).

SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT TRAINING AND

IMPROVEMENTS.

(a) VIOLENCE AGAINST WOMEN ACT COURT TRAINING AND

IMPROVEMENTS.—The Violence Against Women Act of 1994 (108

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

‘‘Subtitle J—Violence Against Women Act

Court Training and Improvements

‘‘SEC. 41001. SHORT TITLE.

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

Act Court Training and Improvements Act of 2005’.

‘‘SEC. 41002. PURPOSE.

‘‘The purpose of this subtitle is to enable the Attorney General,

though the Director of the Office on Violence Against Women,

to award grants to improve court responses to adult and youth

domestic violence, dating violence, sexual assault, and stalking

to be used for—

‘‘(1) improved internal civil and criminal court functions,

responses, practices, and procedures;

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

on issues relating to victims’ needs, including safety, security,

privacy, confidentiality, and economic independence, as well

as information about perpetrator behavior and best practices

for holding perpetrators accountable;

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

territorial, and local public agencies and officials and nonprofit,

nongovernmental organizations to improve implementation and

42 USC 14043.

42 USC 13701

note.

Violence Against

Women Act

Court Training

and

Improvements

Act of 2005.

Grants.

22 USC 7105

note.

119 STAT. 2980 PUBLIC LAW 109–162—JAN. 5, 2006

enforcement of relevant Federal, State, tribal, territorial, and

local law;

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

‘‘(A) court infrastructure (such as specialized courts,

dockets, intake centers, or interpreter services);

‘‘(B) community-based initiatives within the court

system (such as court watch programs, victim assistants,

or community-based supplementary services);

‘‘(C) offender management, monitoring, and accountability programs;

‘‘(D) safe and confidential information-storage and

-sharing databases within and between court systems;

‘‘(E) education and outreach programs to improve

community access, including enhanced access for underserved populations; and

‘‘(F) other projects likely to improve court responses

to domestic violence, dating violence, sexual assault, and

stalking; and

‘‘(5) providing technical assistance to Federal, State, tribal,

territorial, or local courts wishing to improve their practices

and procedures or to develop new programs.

‘‘SEC. 41003. GRANT REQUIREMENTS.

‘‘Grants awarded under this subtitle shall be subject to the

following conditions:

‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees may include—

‘‘(A) Federal, State, tribal, territorial, or local courts

or court-based programs; and

‘‘(B) national, State, tribal, territorial, or local private,

nonprofit organizations with demonstrated expertise in

developing and providing judicial education about domestic

violence, dating violence, sexual assault, or stalking.

‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eligible for a grant

under this section, applicants shall certify in writing that—

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

directly with or making decisions about adult or youth

parties experiencing domestic violence, dating violence,

sexual assault, and stalking have completed or will complete education about domestic violence, dating violence,

sexual assault, and stalking;

‘‘(B) any education program developed under section

41002 has been or will be developed with significant input

from and in collaboration with a national, tribal, State,

territorial, or local victim services provider or coalition;

and

‘‘(C) the grantee’s internal organizational policies,

procedures, or rules do not require mediation or counseling

between offenders and victims physically together in cases

where domestic violence, dating violence, sexual assault,

or stalking is an issue.

‘‘SEC. 41004. NATIONAL EDUCATION CURRICULA.

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

of the Office on Violence Against Women, shall fund efforts to

develop a national education curriculum for use by State and

national judicial educators to ensure that all courts and court

personnel have access to information about relevant Federal, State,

42 USC

14043a–1.

42 USC 14043a.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2981

territorial, or local law, promising practices, procedures, and policies

regarding court responses to adult and youth domestic violence,

dating violence, sexual assault, and stalking.

‘‘(b) ELIGIBLE ENTITIES.—Any curricula developed under this

section—

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

demonstrated expertise in developing judicial education curricula on issues relating to domestic violence, dating violence,

sexual assault, and stalking; or

‘‘(2) if the primary grantee does not have demonstrated

expertise with such issues, shall be developed by the primary

grantee in partnership with an organization having such expertise.

‘‘SEC. 41005. TRIBAL CURRICULA.

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

on Violence Against Women, shall fund efforts to develop education

curricula for tribal court judges to ensure that all tribal courts

have relevant information about promising practices, procedures,

policies, and law regarding tribal court responses to adult and

youth domestic violence, dating violence, sexual assault, and

stalking.

‘‘(b) ELIGIBLE ENTITIES.—Any curricula developed under this

section—

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

demonstrated expertise in developing judicial education curricula on issues relating to domestic violence, dating violence,

sexual assault, and stalking; or

‘‘(2) if the primary grantee does not have such expertise,

the curricula shall be developed by the primary grantee through

partnership with organizations having such expertise.

‘‘SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There is authorized to be appropriated to

carry out this subtitle $5,000,000 for each of fiscal years 2007

to 2011.

‘‘(b) AVAILABILITY.—Funds appropriated under this section shall

remain available until expended and may only be used for the

specific programs and activities described in this subtitle.

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

subsection in each fiscal year, not less than 10 percent shall be

used for grants for tribal courts, tribal court-related programs,

and tribal nonprofits.’’.

SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.

(a) ENFORCEMENT OF PROTECTION ORDERS ISSUED BY TERRITORIES.—Section 2265 of title 18, United States Code, is amended

by—

(1) striking ‘‘or Indian tribe’’ each place it appears and

inserting ‘‘, Indian tribe, or territory’’; and

(2) striking ‘‘State or tribal’’ each place it appears and

inserting ‘‘State, tribal, or territorial’’.

(b) CLARIFICATION OF ENTITIES HAVING ENFORCEMENT

AUTHORITY AND RESPONSIBILITIES.—Section 2265(a) of title 18,

United States Code, is amended by striking ‘‘and enforced as if

it were’’ and inserting ‘‘and enforced by the court and law enforcement personnel of the other State, Indian tribal government or

Territory as if it were’’.

42 USC

14043a–3.

42 USC

14043a–2.

119 STAT. 2982 PUBLIC LAW 109–162—JAN. 5, 2006

(c) LIMITS ON INTERNET PUBLICATION OF PROTECTION ORDER

INFORMATION.—Section 2265(d) of title 18, United States Code,

is amended by adding at the end the following:

‘‘(3) LIMITS ON INTERNET PUBLICATION OF REGISTRATION

INFORMATION.—A State, Indian tribe, or territory shall not

make available publicly on the Internet any information

regarding the registration or filing of a protection order,

restraining order, or injunction in either the issuing or enforcing

State, tribal or territorial jurisdiction, if such publication would

be likely to publicly reveal the identity or location of the party

protected under such order. A State, Indian tribe, or territory

may share court-generated and law enforcement-generated

information contained in secure, governmental registries for

protection order enforcement purposes.’’.

(d) DEFINITIONS.—Section 2266 of title 18, United States Code,

is amended—

(1) by striking paragraph (5) and inserting the following:

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

includes—

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

order issued by a civil or criminal court for the purpose

of preventing violent or threatening acts or harassment

against, sexual violence, or contact or communication with

or physical proximity to, another person, including any

temporary or final order issued by a civil or criminal court

whether obtained by filing an independent action or as

a pendente lite order in another proceeding so long as

any civil or criminal order was issued in response to a

complaint, petition, or motion filed by or on behalf of a

person seeking protection; and

‘‘(B) any support, child custody or visitation provisions,

orders, remedies or relief issued as part of a protection

order, restraining order, or injunction pursuant to State,

tribal, territorial, or local law authorizing the issuance

of protection orders, restraining orders, or injunctions for

the protection of victims of domestic violence, sexual

assault, dating violence, or stalking.’’; and

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

‘‘2261A, a spouse or former spouse of the abuser, a person

who shares a child in common with the abuser, and a person

who cohabits or has cohabited as a spouse with the abuser’’

and inserting ‘‘2261A—

‘‘(I) a spouse or former spouse of the abuser,

a person who shares a child in common with the

abuser, and a person who cohabits or has cohabited

as a spouse with the abuser; or

‘‘(II) a person who is or has been in a social

relationship of a romantic or intimate nature with

the abuser, as determined by the length of the

relationship, the type of relationship, and the frequency of interaction between the persons involved

in the relationship’’.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2983

SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC

VIOLENCE, DATING VIOLENCE, SEXUAL VIOLENCE, AND

STALKING.

The Violence Against Women Act of 1994 (108 Stat. 1902 et

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

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

‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF VICTIMS OF DOMESTIC VIOLENCE, DATING

VIOLENCE, SEXUAL ASSAULT, AND STALKING.

‘‘The Attorney General, through the Director of the Office on

Violence Against Women, may award grants under this subtitle

to States, Indian tribes, territories, or local agencies or nonprofit,

nongovernmental organizations to ensure that personally identifying information of adult, youth, and child victims of domestic

violence, sexual violence, stalking, and dating violence shall not

be released or disclosed to the detriment of such victimized persons.

‘‘SEC. 41102. PURPOSE AREAS.

‘‘Grants made under this subtitle may be used—

‘‘(1) to develop or improve protocols, procedures, and policies for the purpose of preventing the release of personally

identifying information of victims (such as developing alternative identifiers);

‘‘(2) to defray the costs of modifying or improving existing

databases, registries, and victim notification systems to ensure

that personally identifying information of victims is protected

from release, unauthorized information sharing and disclosure;

‘‘(3) to develop confidential opt out systems that will enable

victims of violence to make a single request to keep personally

identifying information out of multiple databases, victim

notification systems, and registries; or

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

requirements regarding electronic surveillance by government

entities), to protect against abuses of technology (such as electronic or GPS stalking), or providing training for law enforcement on high tech electronic crimes of domestic violence, dating

violence, sexual assault, and stalking.

‘‘SEC. 41103. ELIGIBLE ENTITIES.

‘‘Entities eligible for grants under this subtitle include—

‘‘(1) jurisdictions or agencies within jurisdictions having

authority or responsibility for developing or maintaining public

databases, registries or victim notification systems;

‘‘(2) nonprofit nongovernmental victim advocacy organizations having expertise regarding confidentiality, privacy, and

information technology and how these issues are likely to

impact the safety of victims;

‘‘(3) States or State agencies;

‘‘(4) local governments or agencies;

‘‘(5) Indian tribal governments or tribal organizations;

‘‘(6) territorial governments, agencies, or organizations; or

42 USC

14043b–2.

42 USC

14043b–1.

42 USC 14043b.

119 STAT. 2984 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(7) nonprofit nongovernmental victim advocacy organizations, including statewide domestic violence and sexual assault

coalitions.

‘‘SEC. 41104. GRANT CONDITIONS.

‘‘Applicants described in paragraph (1) and paragraphs (3)

through (6) shall demonstrate that they have entered into a significant partnership with a State, tribal, territorial, or local victim

service or advocacy organization or condition in order to develop

safe, confidential, and effective protocols, procedures, policies, and

systems for protecting personally identifying information of victims.

‘‘SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There is authorized to be appropriated to

carry out this subtitle $5,000,000 for each of fiscal years 2007

through 2011.

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

this section in each fiscal year, 10 percent shall be used for grants

to Indian tribes for programs that assist victims of domestic

violence, dating violence, stalking, and sexual assault.

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

made available under this section in each fiscal year, not less

than 5 percent shall be used for grants to organizations that have

expertise in confidentiality, privacy, and technology issues

impacting victims of domestic violence, dating violence, sexual

assault, and stalking to provide technical assistance and training

to grantees and non-grantees on how to improve safety, privacy,

confidentiality, and technology to protect victimized persons.’’.

SEC. 108. SEX OFFENDER MANAGEMENT.

Section 40152 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and inserting the following:

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

to be appropriated to carry out this section $3,000,000 for each

of fiscal years 2007 through 2011.’’.

SEC. 109. STALKER DATABASE.

Section 40603 of the Violence Against Women Act of 1994

(42 U.S.C. 14032) is amended—

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

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

SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.

Section 40114 of the Violence Against Women Act of 1994

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

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

‘‘There are authorized to be appropriated for the United States

attorneys for the purpose of appointing victim assistants for the

prosecution of sex crimes and domestic violence crimes where

applicable (such as the District of Columbia), $1,000,000 for each

of fiscal years 2007 through 2011.’’.

SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.

(a) DEFINITIONS.—In this section:

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

means an act or practice described in paragraph (8) of section

42 USC 14044f.

108 Stat. 1910

42 USC

14043b–4.

42 USC

14043b–3.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2985

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

7102).

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a

State or a local government.

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

United States, the District of Columbia, the Commonwealth

of Puerto Rico, Guam, the United States Virgin Islands, the

Commonwealth of the Northern Mariana Islands, American

Samoa, and any other territory or possession of the United

States.

(4) VICTIM OF TRAFFICKING.—The term ‘‘victim of trafficking’’ means a person subjected to an act of trafficking.

(b) GRANTS AUTHORIZED.—The Attorney General may award

grants to eligible entities to provide training to State and local

law enforcement personnel to identify and protect victims of trafficking.

(c) USE OF FUNDS.—A grant awarded under this section shall

be used to—

(1) train law enforcement personnel to identify and protect

victims of trafficking, including training such personnel to utilize Federal, State, or local resources to assist victims of trafficking;

(2) train law enforcement or State or local prosecutors

to identify, investigate, or prosecute acts of trafficking; or

(3) train law enforcement or State or local prosecutors

to utilize laws that prohibit acts of trafficking and to assist

in the development of State and local laws to prohibit acts

of trafficking.

(d) RESTRICTIONS.—

(1) ADMINISTRATIVE EXPENSES.—An eligible entity that

receives a grant under this section may use not more than

5 percent of the total amount of such grant for administrative

expenses.

(2) NONEXCLUSIVITY.—Nothing in this section may be construed to restrict the ability of an eligible entity to apply

for or obtain funding from any other source to carry out the

training described in subsection (c).

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $10,000,000 for each of the fiscal years 2007

through 2011 to carry out the provisions of this section.

SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED SPECIAL

ADVOCATE PROGRAM.

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

of 1990 (42 U.S.C. 13011) is amended by striking paragraphs (1)

and (2) and inserting the following:

‘‘(1) Court Appointed Special Advocates, who may serve

as guardians ad litem, are trained volunteers appointed by

courts to advocate for the best interests of children who are

involved in the juvenile and family court system due to abuse

or neglect; and

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

represented 288,000 children, more than 50 percent of the

estimated 540,000 children in foster care because of substantiated cases of child abuse or neglect.’’.

119 STAT. 2986 PUBLIC LAW 109–162—JAN. 5, 2006

(b) IMPLEMENTATION DATE.—Section 216 of the Victims of Child

Abuse Act of 1990 (42 U.S.C. 13012) is amended by striking

‘‘January 1, 1995’’ and inserting ‘‘January 1, 2010’’.

(c) CLARIFICATION OF PROGRAM GOALS.—Section 217 of the

Victims of Child Abuse Act of 1990 (42 U.S.C. 13013) is amended—

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

‘‘to initiate, sustain, and expand’’;

(2) subsection (b)—

(A) in paragraph (1)—

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

inserting the following: ‘‘subsection (a)—

‘‘(A) shall be’’;

(ii) by striking ‘‘(2) may be’’ and inserting the

following:

‘‘(B) may be’’; and

(iii) in subparagraph (B) (as redesignated), by

striking ‘‘to initiate or expand’’ and inserting ‘‘to initiate, sustain, and expand’’; and

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

(i) by striking ‘‘(1)(a)’’ and inserting ‘‘(1)(A)’’; and

(ii) striking ‘‘to initiate and to expand’’ and

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

(3) by adding at the end the following:

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

Special Advocate programs are authorized to request fingerprintbased criminal background checks from the Federal Bureau of

Investigation’s criminal history database for prospective volunteers.

The requesting program is responsible for the reasonable costs

associated with the Federal records check.’’.

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

Abuse Act of 1990 (42 U.S.C. 13011 et seq.) is amended—

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

(2) by inserting after section 217 the following new section:

‘‘SEC. 218. REPORT.

‘‘(a) REPORT REQUIRED.—Not later than December 31, 2006,

the Inspector General of the Department of Justice shall submit

to Congress a report on the types of activities funded by the National

Court-Appointed Special Advocate Association and a comparison

of outcomes in cases where court-appointed special advocates are

involved and cases where court-appointed special advocates are

not involved.

‘‘(b) ELEMENTS OF REPORT.—The report submitted under subsection (a) shall include information on the following:

‘‘(1) The types of activities the National Court-Appointed

Special Advocate Association has funded since 1993.

‘‘(2) The outcomes in cases where court-appointed special

advocates are involved as compared to cases where courtappointed special advocates are not involved, including—

‘‘(A) the length of time a child spends in foster care;

‘‘(B) the extent to which there is an increased provision

of services;

‘‘(C) the percentage of cases permanently closed; and

‘‘(D) achievement of the permanent plan for reunification or adoption.’’.

(e) AUTHORIZATION OF APPROPRIATIONS.—

42 USC 13013a.

42 USC 13014.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2987

(1) AUTHORIZATION.—Section 219 of the Victims of Child

Abuse Act of 1990, as redesignated by subsection (d), is

amended by striking subsection (a) and inserting the following:

‘‘(a) AUTHORIZATION.—There is authorized to be appropriated

to carry out this subtitle $12,000,000 for each of fiscal years 2007

through 2011.’’.

(2) PROHIBITION ON LOBBYING.—Section 219 of the Victims

of Child Abuse Act of 1990, as redesignated by subsection

(d) and amended by paragraphs (1) and (2), is further amended

by adding at the end the following new subsection:

‘‘(c) PROHIBITION ON LOBBYING.—No funds authorized under

this subtitle may be used for lobbying activities in contravention

of OMB Circular No. A–122.’’.

SEC. 113. PREVENTING CYBERSTALKING.

(a) IN GENERAL.—Paragraph (1) of section 223(h) of the Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended—

(1) in subparagraph (A), by striking ‘‘and’’ at the end;

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

end and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(C) in the case of subparagraph (C) of subsection

(a)(1), includes any device or software that can be used

to originate telecommunications or other types of communications that are transmitted, in whole or in part, by

the Internet (as such term is defined in section 1104 of

the Internet Tax Freedom Act (47 U.S.C. 151 note)).’’.

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

made by this section may not be construed to affect the meaning

given the term ‘‘telecommunications device’’ in section 223(h)(1)

of the Communications Act of 1934, as in effect before the date

of the enactment of this section.

SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.

(a) INTERSTATE STALKING.—Section 2261A of title 18, United

States Code, is amended to read as follows:

‘‘§ 2261A. Stalking

‘‘Whoever—

‘‘(1) travels in interstate or foreign commerce or within

the special maritime and territorial jurisdiction of the United

States, or enters or leaves Indian country, with the intent

to kill, injure, harass, or place under surveillance with intent

to kill, injure, harass, or intimidate another person, and in

the course of, or as a result of, such travel places that person

in reasonable fear of the death of, or serious bodily injury

to, or causes substantial emotional distress to that person,

a member of the immediate family (as defined in section 115)

of that person, or the spouse or intimate partner of that person;

or

‘‘(2) with the intent—

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

with intent to kill, injure, harass, or intimidate, or cause

substantial emotional distress to a person in another State

or tribal jurisdiction or within the special maritime and

territorial jurisdiction of the United States; or

47 USC 223 note.

42 USC 13014.

119 STAT. 2988 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death

of, or serious bodily injury to—

‘‘(i) that person;

‘‘(ii) a member of the immediate family (as defined

in section 115 of that person; or

‘‘(iii) a spouse or intimate partner of that person;

uses the mail, any interactive computer service, or any

facility of interstate or foreign commerce to engage in a

course of conduct that causes substantial emotional distress

to that person or places that person in reasonable fear

of the death of, or serious bodily injury to, any of the

persons described in clauses (i) through (iii) of subparagraph (B);

shall be punished as provided in section 2261(b) of this title.’’.

(b) ENHANCED PENALTIES FOR STALKING.—Section 2261(b) of

title 18, United States Code, is amended by adding at the end

the following:

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

of a temporary or permanent civil or criminal injunction,

restraining order, no-contact order, or other order described

in section 2266 of title 18, United States Code, shall be punished

by imprisonment for not less than 1 year.’’.

SEC. 115. REPEAT OFFENDER PROVISION.

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

by adding after section 2265 the following:

‘‘§ 2265A. Repeat offenders

‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term

of imprisonment for a violation of this chapter after a prior domestic

violence or stalking offense shall be twice the term otherwise provided under this chapter.

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

‘‘(1) the term ‘prior domestic violence or stalking offense’

means a conviction for an offense—

‘‘(A) under section 2261, 2261A, or 2262 of this chapter;

or

‘‘(B) under State law for an offense consisting of conduct that would have been an offense under a section

referred to in subparagraph (A) if the conduct had occurred

within the special maritime and territorial jurisdiction of

the United States, or in interstate or foreign commerce;

and

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

the District of Columbia, or any commonwealth, territory, or

possession of the United States.’’.

SEC. 116. PROHIBITING DATING VIOLENCE.

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

Code, is amended—

(1) in paragraph (1), striking ‘‘or intimate partner’’ and

inserting ‘‘, intimate partner, or dating partner’’; and

(2) in paragraph (2), striking ‘‘or intimate partner’’ and

inserting ‘‘, intimate partner, or dating partner’’.

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

is amended by adding at the end the following:

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2989

‘‘(10) DATING PARTNER.—The term ‘dating partner’ refers

to a person who is or has been in a social relationship of

a romantic or intimate nature with the abuser and the existence

of such a relationship based on a consideration of—

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

‘‘(B) the type of relationship; and

‘‘(C) the frequency of interaction between the persons

involved in the relationship.’’.

SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME AND TERRITORIAL JURISDICTION.

(a) DOMESTIC VIOLENCE.—Section 2261(a)(1) of title 18, United

States Code, is amended by inserting after ‘‘Indian country’’ the

following: ‘‘or within the special maritime and territorial jurisdiction

of the United States’’.

(b) PROTECTION ORDER.—Section 2262(a)(1) of title 18, United

States Code, is amended by inserting after ‘‘Indian country’’ the

following: ‘‘or within the special maritime and territorial jurisdiction

of the United States’’.

SEC. 118. UPDATING PROTECTION ORDER DEFINITION.

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

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

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

‘‘(i) any injunction, restraining order, or any other

order issued by a civil or criminal court for the purpose

of preventing violent or threatening acts or harassment

against, sexual violence or contact or communication

with or physical proximity to, another person, including

any temporary or final orders issued by civil or criminal

courts whether obtained by filing an independent

action or as a pendente lite order in another proceeding

so long as any civil order was issued in response to

a complaint, petition, or motion filed by or on behalf

of a person seeking protection; and

‘‘(ii) any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a

protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law

authorizing the issuance of protection orders,

restraining orders, or injunctions for the protection

of victims of domestic violence, dating violence, sexual

assault, or stalking.’’.

SEC. 119. GAO STUDY AND REPORT.

(a) STUDY REQUIRED.—The Comptroller General shall conduct

a study to establish the extent to which men, women, youth, and

children are victims of domestic violence, dating violence, sexual

assault, and stalking and the availability to all victims of shelter,

counseling, legal representation, and other services commonly provided to victims of domestic violence.

(b) ACTIVITIES UNDER STUDY.—In conducting the study, the

following shall apply:

(1) CRIME STATISTICS.—The Comptroller General shall not

rely only on crime statistics, but may also use existing research

available, including public health studies and academic studies.

(2) SURVEY.—The Comptroller General shall survey the

Department of Justice, as well as any recipients of Federal

Applicability.

119 STAT. 2990 PUBLIC LAW 109–162—JAN. 5, 2006

funding for any purpose or an appropriate sampling of recipients, to determine—

(A) what services are provided to victims of domestic

violence, dating violence, sexual assault, and stalking;

(B) whether those services are made available to youth,

child, female, and male victims; and

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

each available service.

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress

a report on the activities carried out under this section.

SEC. 120. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS.

(a) GRANTS AUTHORIZED.—

(1) IN GENERAL.—From amounts made available to carry

out this section, the Attorney General, acting through the

Director of the Office on Violence Against Women, shall award

grants to eligible entities described in subsection (b) to carry

out local, regional, or national public information campaigns

focused on addressing adult, youth, or minor domestic violence,

dating violence, sexual assault, stalking, or trafficking within

tribal and underserved populations and immigrant communities, including information on services available to victims

and ways to prevent or reduce domestic violence, dating

violence, sexual assault, and stalking.

(2) TERM.—The Attorney General shall award grants under

this section for a period of 1 fiscal year.

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

are—

(1) nonprofit, nongovernmental organizations or coalitions

that represent the targeted tribal and underserved populations

or immigrant community that—

(A) have a documented history of creating and administering effective public awareness campaigns addressing

domestic violence, dating violence, sexual assault, and

stalking; or

(B) work in partnership with an organization that has

a documented history of creating and administering effective public awareness campaigns addressing domestic

violence, dating violence, sexual assault, and stalking; or

(2) a governmental entity that demonstrates a partnership

with organizations described in paragraph (1).

(c) ALLOCATION OF FUNDS.—Of the amounts appropriated for

grants under this section—

(1) not more than 20 percent shall be used for national

model campaign materials targeted to specific tribal and underserved populations or immigrant community, including American Indian tribes and Alaskan native villages for the purposes

of research, testing, message development, and preparation of

materials; and

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

regional, territorial, tribal, or local campaigns targeting specific

communities with information and materials developed through

the national campaign or, if appropriate, new materials to

reach an underserved population or a particularly isolated

community.

42 USC 14045.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2991

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

shall be used to conduct a public information campaign and build

the capacity and develop leadership of racial, ethnic populations,

or immigrant community members to address domestic violence,

dating violence, sexual assault, and stalking.

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

this section shall submit an application to the Director of the

Office on Violence Against Women at such time, in such form,

and in such manner as the Director may prescribe.

(f) CRITERIA.—In awarding grants under this section, the

Attorney General shall ensure—

(1) reasonable distribution among eligible grantees representing various underserved and immigrant communities;

(2) reasonable distribution among State, regional, territorial, tribal, and local campaigns; and

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

appropriated under this section for each fiscal year is set aside

for training, technical assistance, and data collection.

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

section shall submit to the Director of the Office of Violence Against

Women, every 18 months, a report that describes the activities

carried out with grant funds.

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $2,000,000 for each

of fiscal years 2007 through 2011.

SEC. 121. ENHANCING CULTURALLY AND LINGUISTICALLY SPECIFIC

SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE,

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—Of the amounts appropriated under certain grant programs identified in paragraph (a)(2) of this Section, the Attorney General, through the Director of the Violence

Against Women Office (referred to in this section as the

‘‘Director’’), shall take 5 percent of such appropriated amounts

and combine them to establish a new grant program to enhance

culturally and linguistically specific services for victims of

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

Grants made under this new program shall be administered

by the Director.

(2) PROGRAMS COVERED.—The programs covered by paragraph (1) are the programs carried out under the following

provisions:

(A) Section 2101 (42 U.S.C. 3796hh), Grants to Encourage Arrest Policies.

(B) Section 1201 of the Violence Against Women Act

of 2000 (42 U.S.C. 3796gg–6), Legal Assistance for Victims.

(C) Section 40295 of the Violence Against Women Act

of 1994 (42 U.S.C. 13971), Rural Domestic Violence and

Child Abuser Enforcement Assistance.

(D) Section lll of the Violence Against Women Act

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

(E) Section lll of the Violence Against Women Act

of 2000 (42 U.S.C. lll), Disabled Women Program.

(b) PURPOSE OF PROGRAM AND GRANTS.— (1) GENERAL PROGRAM PURPOSE.—The purpose of the program required by this section is to promote:

42 USC 14045a.

119 STAT. 2992 PUBLIC LAW 109–162—JAN. 5, 2006

(A) The maintenance and replication of existing

successful services in domestic violence, dating violence,

sexual assault, and stalking community-based programs

providing culturally and linguistically specific services and

other resources.

(B) The development of innovative culturally and

linguistically specific strategies and projects to enhance

access to services and resources for victims of domestic

violence, dating violence, sexual assault, and stalking who

face obstacles to using more traditional services and

resources.

(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—The

Director shall make grants to community-based programs for

the purpose of enhancing culturally and linguistically specific

services for victims of domestic violence, dating violence, sexual

assault, and stalking. Grants under the program shall support

community-based efforts to address distinctive cultural and

linguistic responses to domestic violence, dating violence, sexual

assault, and stalking.

(3) TECHNICAL ASSISTANCE AND TRAINING.—The Director

shall provide technical assistance and training to grantees of

this and other programs under this Act regarding the development and provision of effective culturally and linguistically

specific community-based services by entering into cooperative

agreements or contracts with an organization or organizations

having a demonstrated expertise in and whose primary purpose

is addressing the development and provision of culturally and

linguistically specific community-based services to victims of

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

(c) ELIGIBLE ENTITIES.—Eligible entities for grants under this

Section include—

(1) community-based programs whose primary purpose is

providing culturally and linguistically specific services to victims of domestic violence, dating violence, sexual assault, and

stalking; and

(2) community-based programs whose primary purpose is

providing culturally and linguistically specific services who can

partner with a program having demonstrated expertise in

serving victims of domestic violence, dating violence, sexual

assault, and stalking.

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

the distribution of funding under this section, the progress made

in replicating and supporting increased services to victims of

domestic violence, dating violence, sexual assault, and stalking

who face obstacles to using more traditional services and resources,

and the types of culturally and linguistically accessible programs,

strategies, technical assistance, and training developed or enhanced

through this program.

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

2-year period, with a possible extension of another 2 years to

implement projects under the grant.

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

cooperative agreement to evaluate programs under this section

to an entity with the demonstrated expertise in and primary goal

of providing enhanced cultural and linguistic access to services

and resources for victims of domestic violence, dating violence,

Contracts.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2993

sexual assault, and stalking who face obstacles to using more traditional services and resources.

(g) NON-EXCLUSIVITY.—Nothing in this Section shall be interpreted to exclude linguistic and culturally specific community-based

programs from applying to other grant programs authorized under

this Act.

TITLE II—IMPROVING SERVICES FOR

VICTIMS OF DOMESTIC VIOLENCE,

DATING VIOLENCE, SEXUAL ASSAULT,

AND STALKING

SEC. 201. FINDINGS.

Congress finds the following:

(1) Nearly 1⁄3 of American women report physical or sexual

abuse by a husband or boyfriend at some point in their lives.

(2) According to the National Crime Victimization Survey,

248,000 Americans 12 years of age and older were raped or

sexually assaulted in 2002.

(3) Rape and sexual assault in the United States is estimated to cost $127,000,000,000 per year, including—

(A) lost productivity;

(B) medical and mental health care;

(C) police and fire services;

(D) social services;

(E) loss of and damage to property; and

(F) reduced quality of life.

(4) Nonreporting of sexual assault in rural areas is a particular problem because of the high rate of nonstranger sexual

assault.

(5) Geographic isolation often compounds the problems

facing sexual assault victims. The lack of anonymity and accessible support services can limit opportunities for justice for

victims.

(6) Domestic elder abuse is primarily family abuse. The

National Elder Abuse Incidence Study found that the perpetrator was a family member in 90 percent of cases.

(7) Barriers for older victims leaving abusive relationships

include—

(A) the inability to support themselves;

(B) poor health that increases their dependence on

the abuser;

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

(D) ineffective responses by domestic abuse programs

and law enforcement.

(8) Disabled women comprise another vulnerable population with unmet needs. Women with disabilities are more

likely to be the victims of abuse and violence than women

without disabilities because of their increased physical, economic, social, or psychological dependence on others.

(9) Many women with disabilities also fail to report the

abuse, since they are dependent on their abusers and fear

being abandoned or institutionalized.

(10) Of the 598 battered women’s programs surveyed—

42 USC 13925

note.

119 STAT. 2994 PUBLIC LAW 109–162—JAN. 5, 2006

(A) only 35 percent of these programs offered disability

awareness training for their staff; and

(B) only 16 percent dedicated a staff member to provide

services to women with disabilities.

(11) Problems of domestic violence are exacerbated for

immigrants when spouses control the immigration status of

their family members, and abusers use threats of refusal to

file immigration papers and threats to deport spouses and

children as powerful tools to prevent battered immigrant

women from seeking help, trapping battered immigrant women

in violent homes because of fear of deportation.

(12) Battered immigrant women who attempt to flee abusive relationships may not have access to bilingual shelters

or bilingual professionals, and face restrictions on public or

financial assistance. They may also lack assistance of a certified

interpreter in court, when reporting complaints to the police

or a 9–1–1 operator, or even in acquiring information about

their rights and the legal system.

(13) More than 500 men and women call the National

Domestic Violence Hotline every day to get immediate,

informed, and confidential assistance to help deal with family

violence.

(14) The National Domestic Violence Hotline service is

available, toll-free, 24 hours a day and 7 days a week, with

bilingual staff, access to translators in 150 languages, and

a TTY line for the hearing-impaired.

(15) With access to over 5,000 shelters and service providers

across the United States, Puerto Rico, and the United States

Virgin Islands, the National Domestic Violence Hotline provides

crisis intervention and immediately connects callers with

sources of help in their local community.

(16) Approximately 60 percent of the callers indicate that

calling the Hotline is their first attempt to address a domestic

violence situation and that they have not called the police

or any other support services.

(17) Between 2000 and 2003, there was a 27 percent

increase in call volume at the National Domestic Violence Hotline.

(18) Improving technology infrastructure at the National

Domestic Violence Hotline and training advocates, volunteers,

and other staff on upgraded technology will drastically increase

the Hotline’s ability to answer more calls quickly and effectively.

SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.

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

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

after section 2012, as added by this Act, the following:

‘‘SEC. 2014. SEXUAL ASSAULT SERVICES.

‘‘(a) PURPOSES.—The purposes of this section are—

‘‘(1) to assist States, Indian tribes, and territories in providing intervention, advocacy, accompaniment, support services,

and related assistance for—

‘‘(A) adult, youth, and child victims of sexual assault;

‘‘(B) family and household members of such victims;

and

42 USC

3796gg–9.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2995

‘‘(C) those collaterally affected by the victimization,

except for the perpetrator of such victimization;

‘‘(2) to provide for technical assistance and training relating

to sexual assault to—

‘‘(A) Federal, State, tribal, territorial and local governments, law enforcement agencies, and courts;

‘‘(B) professionals working in legal, social service, and

health care settings;

‘‘(C) nonprofit organizations;

‘‘(D) faith-based organizations; and

‘‘(E) other individuals and organizations seeking such

assistance.

‘‘(b) GRANTS TO STATES AND TERRITORIES.—

‘‘(1) GRANTS AUTHORIZED.—The Attorney General shall

award grants to States and territories to support the establishment, maintenance, and expansion of rape crisis centers and

other programs and projects to assist those victimized by sexual

assault.

‘‘(2) ALLOCATION AND USE OF FUNDS.—

‘‘(A) ADMINISTRATIVE COSTS.—Not more than 5 percent

of the grant funds received by a State or territory governmental agency under this subsection for any fiscal year

may be used for administrative costs.

‘‘(B) GRANT FUNDS.—Any funds received by a State

or territory under this subsection that are not used for

administrative costs shall be used to provide grants to

rape crisis centers and other nonprofit, nongovernmental

organizations for programs and activities within such State

or territory that provide direct intervention and related

assistance.

‘‘(C) INTERVENTION AND RELATED ASSISTANCE.—Intervention and related assistance under subparagraph (B)

may include—

‘‘(i) 24 hour hotline services providing crisis intervention services and referral;

‘‘(ii) accompaniment and advocacy through medical, criminal justice, and social support systems,

including medical facilities, police, and court proceedings;

‘‘(iii) crisis intervention, short-term individual and

group support services, and comprehensive service

coordination and supervision to assist sexual assault

victims and family or household members;

‘‘(iv) information and referral to assist the sexual

assault victim and family or household members;

‘‘(v) community-based, linguistically and culturally

specific services and support mechanisms, including

outreach activities for underserved communities; and

‘‘(vi) the development and distribution of materials

on issues related to the services described in clauses

(i) through (v).

‘‘(3) APPLICATION.—

‘‘(A) IN GENERAL.—Each eligible entity desiring a grant

under this subsection shall submit an application to the

Attorney General at such time and in such manner as

the Attorney General may reasonably require.

119 STAT. 2996 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(B) CONTENTS.—Each application submitted under

subparagraph (A) shall—

‘‘(i) set forth procedures designed to ensure meaningful involvement of the State or territorial sexual

assault coalition and representatives from underserved

communities in the development of the application and

the implementation of the plans;

‘‘(ii) set forth procedures designed to ensure an

equitable distribution of grants and grant funds within

the State or territory and between urban and rural

areas within such State or territory;

‘‘(iii) identify the State or territorial agency that

is responsible for the administration of programs and

activities; and

‘‘(iv) meet other such requirements as the Attorney

General reasonably determines are necessary to carry

out the purposes and provisions of this section.

‘‘(4) MINIMUM AMOUNT.—The Attorney General shall allocate to each State not less than 1.50 percent of the total

amount appropriated in a fiscal year for grants under this

section, except that the United States Virgin Islands, American

Samoa, Guam, the District of Columbia, Puerto Rico, and the

Commonwealth of the Northern Mariana Islands shall each

be allocated 0.125 percent of the total appropriations. The

remaining funds shall be allotted to each State and each territory in an amount that bears the same ratio to such remaining

funds as the population of such State and such territory bears

to the population of the combined States or the population

of the combined territories.

‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS ADDRESSING

SEXUAL ASSAULT.—

‘‘(1) GRANTS AUTHORIZED.—The Attorney General shall

award grants to eligible entities to support the establishment,

maintenance, and expansion of culturally specific intervention

and related assistance for victims of sexual assault.

‘‘(2) ELIGIBLE ENTITIES.—To be eligible to receive a grant

under this section, an entity shall—

‘‘(A) be a private nonprofit organization that focuses

primarily on culturally specific communities;

‘‘(B) must have documented organizational experience

in the area of sexual assault intervention or have entered

into a partnership with an organization having such expertise;

‘‘(C) have expertise in the development of communitybased, linguistically and culturally specific outreach and

intervention services relevant for the specific communities

to whom assistance would be provided or have the capacity

to link to existing services in the community tailored to

the needs of culturally specific populations; and

‘‘(D) have an advisory board or steering committee

and staffing which is reflective of the targeted culturally

specific community.

‘‘(3) AWARD BASIS.—The Attorney General shall award

grants under this section on a competitive basis.

‘‘(4) DISTRIBUTION.— ‘‘(A) The Attorney General shall not use more than

2.5 percent of funds appropriated under this subsection

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2997

in any year for administration, monitoring, and evaluation

of grants made available under this subsection.

‘‘(B) Up to 5 percent of funds appropriated under this

subsection in any year shall be available for technical

assistance by a national, nonprofit, nongovernmental

organization or organizations whose primary focus and

expertise is in addressing sexual assault within underserved culturally specific populations.

‘‘(5) TERM.—The Attorney General shall make grants under

this section for a period of no less than 2 fiscal years.

‘‘(6) REPORTING.—Each entity receiving a grant under this

subsection shall submit a report to the Attorney General that

describes the activities carried out with such grant funds.

‘‘(d) GRANTS TO STATE, TERRITORIAL, AND TRIBAL SEXUAL

ASSAULT COALITIONS.— ‘‘(1) GRANTS AUTHORIZED.— ‘‘(A) IN GENERAL.—The Attorney General shall award

grants to State, territorial, and tribal sexual assault coalitions to assist in supporting the establishment, maintenance, and expansion of such coalitions.

‘‘(B) MINIMUM AMOUNT.—Not less than 10 percent of

the total amount appropriated to carry out this section

shall be used for grants under subparagraph (A).

‘‘(C) ELIGIBLE APPLICANTS.—Each of the State, territorial, and tribal sexual assault coalitions.

‘‘(2) USE OF FUNDS.—Grant funds received under this subsection may be used to—

‘‘(A) work with local sexual assault programs and other

providers of direct services to encourage appropriate

responses to sexual assault within the State, territory,

or tribe;

‘‘(B) work with judicial and law enforcement agencies

to encourage appropriate responses to sexual assault cases;

‘‘(C) work with courts, child protective services agencies, and children’s advocates to develop appropriate

responses to child custody and visitation issues when sexual

assault has been determined to be a factor;

‘‘(D) design and conduct public education campaigns;

‘‘(E) plan and monitor the distribution of grants and

grant funds to their State, territory, or tribe; or

‘‘(F) collaborate with and inform Federal, State, or

local public officials and agencies to develop and implement

policies to reduce or eliminate sexual assault.

‘‘(3) ALLOCATION AND USE OF FUNDS.—From amounts appropriated for grants under this subsection for each fiscal year—

‘‘(A) not less than 10 percent of the funds shall be

available for grants to tribal sexual assault coalitions; and

‘‘(B) the remaining funds shall be available for grants

to State and territorial coalitions, and the Attorney General

shall allocate an amount equal to 1⁄56 of the amounts so

appropriated to each of those State and territorial coalitions.

‘‘(4) APPLICATION.—Each eligible entity desiring a grant

under this subsection shall submit an application to the

Attorney General at such time, in such manner, and containing

such information as the Attorney General determines to be

essential to carry out the purposes of this section.

119 STAT. 2998 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(5) FIRST-TIME APPLICANTS.—No entity shall be prohibited

from submitting an application under this subsection during

any fiscal year for which funds are available under this subsection because such entity has not previously applied or

received funding under this subsection.

‘‘(e) GRANTS TO TRIBES.— ‘‘(1) GRANTS AUTHORIZED.—The Attorney General may

award grants to Indian tribes, tribal organizations, and nonprofit tribal organizations for the operation of sexual assault

programs or projects in Indian country and Alaska Native

villages to support the establishment, maintenance, and expansion of programs and projects to assist those victimized by

sexual assault.

‘‘(2) ALLOCATION AND USE OF FUNDS.— ‘‘(A) ADMINISTRATIVE COSTS.—Not more than 5 percent

of the grant funds received by an Indian tribe, tribal

organization, and nonprofit tribal organization under this

subsection for any fiscal year may be used for administrative costs.

‘‘(B) GRANT FUNDS.—Any funds received under this

subsection that are not used for administrative costs shall

be used to provide grants to tribal organizations and nonprofit tribal organizations for programs and activities

within Indian country and Alaskan native villages that

provide direct intervention and related assistance.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated

$50,000,000 for each of the fiscal years 2007 through 2011

to carry out the provisions of this section.

‘‘(2) ALLOCATIONS.—Of the total amounts appropriated for

each fiscal year to carry out this section—

‘‘(A) not more than 2.5 percent shall be used by the

Attorney General for evaluation, monitoring, and other

administrative costs under this section;

‘‘(B) not more than 2.5 percent shall be used for the

provision of technical assistance to grantees and subgrantees under this section;

‘‘(C) not less than 65 percent shall be used for grants

to States and territories under subsection (b);

‘‘(D) not less than 10 percent shall be used for making

grants to State, territorial, and tribal sexual assault coalitions under subsection (d);

‘‘(E) not less than 10 percent shall be used for grants

to tribes under subsection (e); and

‘‘(F) not less than 10 percent shall be used for grants

for culturally specific programs addressing sexual assault

under subsection (c).’’.

SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND

CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.

Section 40295 of the Safe Homes for Women Act of 1994 (42

U.S.C. 13971) is amended to read as follows:

‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT

ASSISTANCE.

‘‘(a) PURPOSES.—The purposes of this section are—

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 2999

‘‘(1) to identify, assess, and appropriately respond to child,

youth, and adult victims of domestic violence, sexual assault,

dating violence, and stalking in rural communities, by encouraging collaboration among—

‘‘(A) domestic violence, dating violence, sexual assault,

and stalking victim service providers;

‘‘(B) law enforcement agencies;

‘‘(C) prosecutors;

‘‘(D) courts;

‘‘(E) other criminal justice service providers;

‘‘(F) human and community service providers;

‘‘(G) educational institutions; and

‘‘(H) health care providers;

‘‘(2) to establish and expand nonprofit, nongovernmental,

State, tribal, territorial, and local government victim services

in rural communities to child, youth, and adult victims; and

‘‘(3) to increase the safety and well-being of women and

children in rural communities, by—

‘‘(A) dealing directly and immediately with domestic

violence, sexual assault, dating violence, and stalking

occurring in rural communities; and

‘‘(B) creating and implementing strategies to increase

awareness and prevent domestic violence, sexual assault,

dating violence, and stalking.

‘‘(b) GRANTS AUTHORIZED.—The Attorney General, acting

through the Director of the Office on Violence Against Women

(referred to in this section as the ‘Director’), may award grants

to States, Indian tribes, local governments, and nonprofit, public

or private entities, including tribal nonprofit organizations, to carry

out programs serving rural areas or rural communities that address

domestic violence, dating violence, sexual assault, and stalking

by—

‘‘(1) implementing, expanding, and establishing cooperative

efforts and projects among law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence, dating

violence, sexual assault, and stalking;

‘‘(2) providing treatment, counseling, advocacy, and other

long- and short-term assistance to adult and minor victims

of domestic violence, dating violence, sexual assault, and

stalking in rural communities, including assistance in immigration matters; and

‘‘(3) working in cooperation with the community to develop

education and prevention strategies directed toward such

issues.

‘‘(c) USE OF FUNDS.—Funds appropriated pursuant to this section shall be used only for specific programs and activities expressly

described in subsection (a).

‘‘(d) ALLOTMENTS AND PRIORITIES.—

‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not less than 10 percent of the total amount made available for each fiscal year

to carry out this section shall be allocated for grants to Indian

tribes or tribal organizations.

‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT.—

‘‘(A) IN GENERAL.—Not less than 25 percent of the

total amount appropriated in a fiscal year under this section shall fund services that meaningfully address sexual

119 STAT. 3000 PUBLIC LAW 109–162—JAN. 5, 2006

assault in rural communities, however at such time as

the amounts appropriated reach the amount of $45,000,000,

the percentage allocated shall rise to 30 percent of the

total amount appropriated, at such time as the amounts

appropriated reach the amount of $50,000,000, the percentage allocated shall rise to 35 percent of the total amount

appropriated, and at such time as the amounts appropriated reach the amount of $55,000,000, the percentage

allocated shall rise to 40 percent of the amounts appropriated.

‘‘(B) MULTIPLE PURPOSE APPLICATIONS.—Nothing in

this section shall prohibit any applicant from applying

for funding to address sexual assault, domestic violence,

stalking, or dating violence in the same application.

‘‘(3) ALLOTMENT FOR TECHNICAL ASSISTANCE.—Of the

amounts appropriated for each fiscal year to carry out this

section, not more than 8 percent may be used by the Director

for technical assistance costs. Of the amounts appropriated

in this subsection, no less than 25 percent of such amounts

shall be available to a nonprofit, nongovernmental organization

or organizations whose focus and expertise is in addressing

sexual assault to provide technical assistance to sexual assault

grantees.

‘‘(4) UNDERSERVED POPULATIONS.—In awarding grants

under this section, the Director shall give priority to the needs

of underserved populations.

‘‘(5) ALLOCATION OF FUNDS FOR RURAL STATES.—Not less

than 75 percent of the total amount made available for each

fiscal year to carry out this section shall be allocated to eligible

entities located in rural States.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated $55,000,000 for each of the fiscal years 2007 through 2011

to carry out this section.

‘‘(2) ADDITIONAL FUNDING.—In addition to funds received

through a grant under subsection (b), a law enforcement agency

may use funds received through a grant under part Q of title

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

(42 U.S.C. 3796dd et seq.) to accomplish the objectives of this

section.’’.

SEC. 204. TRAINING AND SERVICES TO END VIOLENCE AGAINST

WOMEN WITH DISABILITIES.

(a) IN GENERAL.—Section 1402 of the Violence Against Women

Act of 2000 (42 U.S.C. 3796gg–7) is amended to read as follows:

‘‘SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END

VIOLENCE AGAINST AND ABUSE OF WOMEN WITH

DISABILITIES.

‘‘(a) IN GENERAL.—The Attorney General, in consultation with

the Secretary of Health and Human Services, may award grants

to eligible entities—

‘‘(1) to provide training, consultation, and information on

domestic violence, dating violence, stalking, and sexual assault

against individuals with disabilities (as defined in section 3

of the Americans with Disabilities Act of 1990 (42 U.S.C.

12102)); and

‘‘(2) to enhance direct services to such individuals.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3001

‘‘(b) USE OF FUNDS.—Grants awarded under this section shall

be used—

‘‘(1) to provide personnel, training, technical assistance,

advocacy, intervention, risk reduction and prevention of

domestic violence, dating violence, stalking, and sexual assault

against disabled individuals;

‘‘(2) to conduct outreach activities to ensure that disabled

individuals who are victims of domestic violence, dating

violence, stalking, or sexual assault receive appropriate assistance;

‘‘(3) to conduct cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving individuals with

disabilities about risk reduction, intervention, prevention and

the nature of domestic violence, dating violence, stalking, and

sexual assault for disabled individuals;

‘‘(4) to provide technical assistance to assist with modifications to existing policies, protocols, and procedures to ensure

equal access to the services, programs, and activities of victim

service organizations for disabled individuals;

‘‘(5) to provide training and technical assistance on the

requirements of shelters and victim services organizations

under Federal antidiscrimination laws, including—

‘‘(A) the Americans with Disabilities Act of 1990; and

‘‘(B) section 504 of the Rehabilitation Act of 1973;

‘‘(6) to modify facilities, purchase equipment, and provide

personnel so that shelters and victim service organizations

can accommodate the needs of disabled individuals;

‘‘(7) to provide advocacy and intervention services for disabled individuals who are victims of domestic violence, dating

violence, stalking, or sexual assault; or

‘‘(8) to develop model programs providing advocacy and

intervention services within organizations serving disabled

individuals who are victims of domestic violence, dating

violence, sexual assault, or stalking.

‘‘(c) ELIGIBLE ENTITIES.—

‘‘(1) IN GENERAL.—An entity shall be eligible to receive

a grant under this section if the entity is—

‘‘(A) a State;

‘‘(B) a unit of local government;

‘‘(C) an Indian tribal government or tribal organization;

or

‘‘(D) a nonprofit and nongovernmental victim services

organization, such as a State domestic violence or sexual

assault coalition or a nonprofit, nongovernmental organization serving disabled individuals.

‘‘(2) LIMITATION.—A grant awarded for the purpose

described in subsection (b)(8) shall only be awarded to an

eligible agency (as defined in section 410 of the Rehabilitation

Act of 1973 (29 U.S.C. 796f–5)).

‘‘(d) UNDERSERVED POPULATIONS.—In awarding grants under

this section, the Director shall ensure that the needs of underserved

populations are being addressed.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $10,000,000 for each of the fiscal years 2007

through 2011 to carry out this section.’’.

119 STAT. 3002 PUBLIC LAW 109–162—JAN. 5, 2006

SEC. 205. TRAINING AND SERVICES TO END VIOLENCE AGAINST

WOMEN IN LATER LIFE.

(a) TRAINING PROGRAMS.—Section 40802 of the Violence Against

Women Act of 1994 (42 U.S.C. 14041a) is amended to read as

follows:

‘‘SEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE

AGAINST AND ABUSE OF WOMEN LATER IN LIFE.

‘‘(a) GRANTS AUTHORIZED.—The Attorney General, through the

Director of the Office on Violence Against Women, may award

grants, which may be used for—

‘‘(1) training programs to assist law enforcement, prosecutors, governmental agencies, victim assistants, and relevant

officers of Federal, State, tribal, territorial, and local courts

in recognizing, addressing, investigating, and prosecuting

instances of elder abuse, neglect, and exploitation, including

domestic violence, dating violence, sexual assault, or stalking

against victims who are 50 years of age or older;

‘‘(2) providing or enhancing services for victims of elder

abuse, neglect, and exploitation, including domestic violence,

dating violence, sexual assault, or stalking, who are 50 years

of age or older;

‘‘(3) creating or supporting multidisciplinary collaborative

community responses to victims of elder abuse, neglect, and

exploitation, including domestic violence, dating violence, sexual

assault, and stalking, who are 50 years of age or older; and

‘‘(4) conducting cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving victims of elder

abuse, neglect, and exploitation, including domestic violence,

dating violence, sexual assault, and stalking, who are 50 years

of age or older.

‘‘(b) ELIGIBLE ENTITIES.—An entity shall be eligible to receive

a grant under this section if the entity is—

‘‘(1) a State;

‘‘(2) a unit of local government;

‘‘(3) an Indian tribal government or tribal organization;

or

‘‘(4) a nonprofit and nongovernmental victim services

organization with demonstrated experience in assisting elderly

women or demonstrated experience in addressing domestic

violence, dating violence, sexual assault, and stalking.

‘‘(c) UNDERSERVED POPULATIONS.—In awarding grants under

this section, the Director shall ensure that services are culturally

and linguistically relevant and that the needs of underserved populations are being addressed.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 40803 of the

Violence Against Women Act of 1994 (42 U.S.C. 14041b) is amended

by striking ‘‘$5,000,000 for each of fiscal years 2001 through 2005’’

and inserting ‘‘$10,000,000 for each of the fiscal years 2007 through

2011’’.

SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIOLENCE HOTLINE.

Section 316 of the Family Violence Prevention and Services

Act (42 U.S.C. 10416) is amended—

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3003

(1) in subsection (d)(2), by inserting ‘‘(including technology

training)’’ after ‘‘train;’’;

(2) in subsection (f)(2)(A), by inserting ‘‘, including technology training to ensure that all persons affiliated with the

hotline are able to effectively operate any technological systems

used by the hotline’’ after ‘‘hotline personnel’’; and

(3) in subsection (g)(2), by striking ‘‘shall’’ and inserting

‘‘may’’.

TITLE III—SERVICES, PROTECTION,

AND JUSTICE FOR YOUNG VICTIMS OF

VIOLENCE

SEC. 301. FINDINGS.

Congress finds the following:

(1) Youth, under the age of 18, account for 67 percent

of all sexual assault victimizations reported to law enforcement

officials.

(2) The Department of Justice consistently finds that young

women between the ages of 16 and 24 experience the highest

rate of non-fatal intimate partner violence.

(3) In 1 year, over 4,000 incidents of rape or sexual assault

occurred in public schools across the country.

(4) Young people experience particular obstacles to seeking

help. They often do not have access to money, transportation,

or shelter services. They must overcome issues such as distrust

of adults, lack of knowledge about available resources, or pressure from peers and parents.

(5) A needs assessment on teen relationship abuse for

the State of California, funded by the California Department

of Health Services, identified a desire for confidentiality and

confusion about the law as 2 of the most significant barriers

to young victims of domestic and dating violence seeking help.

(6) Only one State specifically allows for minors to petition

the court for protection orders.

(7) Many youth are involved in dating relationships, and

these relationships can include the same kind of domestic

violence and dating violence seen in the adult population. In

fact, more than 40 percent of all incidents of domestic violence

involve people who are not married.

(8) 40 percent of girls ages 14 to 17 report knowing someone

their age who has been hit or beaten by a boyfriend, and

13 percent of college women report being stalked.

(9) Of college women who said they had been the victims

of rape or attempted rape, 12.8 percent of completed rapes,

35 percent of attempted rapes, and 22.9 percent of threatened

rapes took place on a date. Almost 60 percent of the completed

rapes that occurred on campus took place in the victim’s residence.

(10) According to a 3-year study of student-athletes at

10 Division I universities, male athletes made up only 3.3

percent of the general male university population, but they

accounted for 19 percent of the students reported for sexual

assault and 35 percent of domestic violence perpetrators.

42 USC 13925

note.

119 STAT. 3004 PUBLIC LAW 109–162—JAN. 5, 2006

SEC. 302. RAPE PREVENTION AND EDUCATION.

Section 393B(c) of part J of title III of the Public Health

Service Act (42 U.S.C. 280b–1c(c)) is amended to read as follows:

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated

to carry out this section $80,000,000 for each of fiscal years

2007 through 2011.

‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE CENTER ALLOTMENT.—Of the total amount made available under this subsection in each fiscal year, not less than $1,500,000 shall be

available for allotment under subsection (b).’’.

SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUSTICE FOR

YOUNG VICTIMS OF VIOLENCE.

The Violence Against Women Act of 1994 (Public Law 103–

322, Stat. 1902 et seq.) is amended by adding at the end the

following:

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

‘‘SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH.

‘‘(a) GRANTS AUTHORIZED.—The Attorney General, in consultation with the Department of Health and Human Services, shall

award grants to eligible entities to conduct programs to serve youth

victims of domestic violence, dating violence, sexual assault, and

stalking. Amounts appropriated under this section may only be

used for programs and activities described under subsection (c).

‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive a grant

under this section, an entity shall be—

‘‘(1) a nonprofit, nongovernmental entity, the primary purpose of which is to provide services to teen and young adult

victims of domestic violence, dating violence, sexual assault,

or stalking;

‘‘(2) a community-based organization specializing in intervention or violence prevention services for youth;

‘‘(3) an Indian Tribe or tribal organization providing services primarily to tribal youth or tribal victims of domestic

violence, dating violence, sexual assault or stalking; or

‘‘(4) a nonprofit, nongovernmental entity providing services

for runaway or homeless youth affected by domestic or sexual

abuse.

‘‘(c) USE OF FUNDS.—

‘‘(1) IN GENERAL.—An entity that receives a grant under

this section shall use amounts provided under the grant to

design or replicate, and implement, programs and services,

using domestic violence, dating violence, sexual assault, and

stalking intervention models to respond to the needs of youth

who are victims of domestic violence, dating violence, sexual

assault or stalking.

‘‘(2) TYPES OF PROGRAMS.—Such a program—

‘‘(A) shall provide direct counseling and advocacy for

youth and young adults, who have experienced domestic

violence, dating violence, sexual assault or stalking;

42 USC 14043c.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3005

‘‘(B) shall include linguistically, culturally, and community relevant services for underserved populations or linkages to existing services in the community tailored to the

needs of underserved populations;

‘‘(C) may include mental health services for youth and

young adults who have experienced domestic violence,

dating violence, sexual assault, or stalking;

‘‘(D) may include legal advocacy efforts on behalf of

youth and young adults with respect to domestic violence,

dating violence, sexual assault or stalking;

‘‘(E) may work with public officials and agencies to

develop and implement policies, rules, and procedures in

order to reduce or eliminate domestic violence, dating

violence, sexual assault, and stalking against youth and

young adults; and

‘‘(F) may use not more than 25 percent of the grant

funds to provide additional services and resources for youth,

including childcare, transportation, educational support,

and respite care.

‘‘(d) AWARDS BASIS.—

‘‘(1) GRANTS TO INDIAN TRIBES.—Not less than 7 percent

of funds appropriated under this section in any year shall

be available for grants to Indian Tribes or tribal organizations.

‘‘(2) ADMINISTRATION.—The Attorney General shall not use

more than 2.5 percent of funds appropriated under this section

in any year for administration, monitoring, and evaluation of

grants made available under this section.

‘‘(3) TECHNICAL ASSISTANCE.—Not less than 5 percent of

funds appropriated under this section in any year shall be

available to provide technical assistance for programs funded

under this section.

‘‘(e) TERM.—The Attorney General shall make the grants under

this section for a period of 3 fiscal years.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $15,000,000 for each

of fiscal years 2007 through 2011.

‘‘SEC. 41202. ACCESS TO JUSTICE FOR YOUTH.

‘‘(a) PURPOSE.—It is the purpose of this section to encourage

cross training and collaboration between the courts, domestic

violence and sexual assault service providers, youth organizations

and service providers, violence prevention programs, and law

enforcement agencies, so that communities can establish and implement policies, procedures, and practices to protect and more comprehensively and effectively serve young victims of dating violence,

domestic violence, sexual assault, and stalking who are between

the ages of 12 and 24, and to engage, where necessary, other

entities addressing the safety, health, mental health, social service,

housing, and economic needs of young victims of domestic violence,

dating violence, sexual assault, and stalking, including communitybased supports such as schools, local health centers, community

action groups, and neighborhood coalitions.

‘‘(b) GRANT AUTHORITY.—

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

Director of the Office on Violence Against Women (in this

section referred to as the ‘Director’), shall make grants to

eligible entities to carry out the purposes of this section.

42 USC

14043c–1.

119 STAT. 3006 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(2) GRANT PERIODS.—Grants shall be awarded under this

section for a period of 2 fiscal years.

‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a grant under

this section, a grant applicant shall establish a collaboration

that—

‘‘(A) shall include a victim service provider that has

a documented history of effective work concerning domestic

violence, dating violence, sexual assault, or stalking and

the effect that those forms of abuse have on young people;

‘‘(B) shall include a court or law enforcement agency

partner; and

‘‘(C) may include—

‘‘(i) batterer intervention programs or sex offender

treatment programs with specialized knowledge and

experience working with youth offenders;

‘‘(ii) community-based youth organizations that

deal specifically with the concerns and problems faced

by youth, including programs that target teen parents

and underserved communities;

‘‘(iii) schools or school-based programs designed

to provide prevention or intervention services to youth

experiencing problems;

‘‘(iv) faith-based entities that deal with the concerns and problems faced by youth;

‘‘(v) healthcare entities eligible for reimbursement

under title XVIII of the Social Security Act, including

providers that target the special needs of youth;

‘‘(vi) education programs on HIV and other sexually transmitted diseases that are designed to target

teens;

‘‘(vii) Indian Health Service, tribal child protective

services, the Bureau of Indian Affairs, or the Federal

Bureau of Investigations; or

‘‘(viii) law enforcement agencies of the Bureau of

Indian Affairs providing tribal law enforcement.

‘‘(c) USES OF FUNDS.—An entity that receives a grant under

this section shall use the funds made available through the grant

for cross-training and collaborative efforts—

‘‘(1) addressing domestic violence, dating violence, sexual

assault, and stalking, assessing and analyzing currently available services for youth and young adult victims, determining

relevant barriers to such services in a particular locality, and

developing a community protocol to address such problems

collaboratively;

‘‘(2) to establish and enhance linkages and collaboration

between—

‘‘(A) domestic violence and sexual assault service providers; and

‘‘(B) where applicable, law enforcement agencies,

courts, Federal agencies, and other entities addressing the

safety, health, mental health, social service, housing, and

economic needs of young victims of abuse, including

community-based supports such as schools, local health

centers, community action groups, and neighborhood

coalitions—

‘‘(i) to respond effectively and comprehensively to

the varying needs of young victims of abuse;

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3007

‘‘(ii) to include linguistically, culturally, and

community relevant services for underserved populations or linkages to existing services in the community tailored to the needs of underserved populations;

and

‘‘(iii) to include where appropriate legal assistance,

referral services, and parental support;

‘‘(3) to educate the staff of courts, domestic violence and

sexual assault service providers, and, as applicable, the staff

of law enforcement agencies, Indian child welfare agencies,

youth organizations, schools, healthcare providers, and other

community prevention and intervention programs to responsibly address youth victims and perpetrators of domestic

violence, dating violence, sexual assault, and stalking;

‘‘(4) to identify, assess, and respond appropriately to dating

violence, domestic violence, sexual assault, or stalking against

teens and young adults and meet the needs of young victims

of violence; and

‘‘(5) to provide appropriate resources in juvenile court matters to respond to dating violence, domestic violence, sexual

assault, and stalking and ensure necessary services dealing

with the health and mental health of victims are available.

‘‘(d) GRANT APPLICATIONS.—To be eligible for a grant under

this section, the entities that are members of the applicant

collaboration described in subsection (b)(3) shall jointly submit an

application to the Director at such time, in such manner, and

containing such information as the Director may require.

‘‘(e) PRIORITY.—In awarding grants under this section, the

Director shall give priority to entities that have submitted applications in partnership with community organizations and service

providers that work primarily with youth, especially teens, and

who have demonstrated a commitment to coalition building and

cooperative problem solving in dealing with problems of dating

violence, domestic violence, sexual assault, and stalking in teen

populations.

‘‘(f) DISTRIBUTION.—In awarding grants under this section—

‘‘(1) not less than 10 percent of funds appropriated under

this section in any year shall be available to Indian tribal

governments to establish and maintain collaborations involving

the appropriate tribal justice and social services departments

or domestic violence or sexual assault service providers, the

purpose of which is to provide culturally appropriate services

to American Indian women or youth;

‘‘(2) the Director shall not use more than 2.5 percent of

funds appropriated under this section in any year for monitoring and evaluation of grants made available under this section;

‘‘(3) the Attorney General of the United States shall not

use more than 2.5 percent of funds appropriated under this

section in any year for administration of grants made available

under this section; and

‘‘(4) up to 8 percent of funds appropriated under this section

in any year shall be available to provide technical assistance

for programs funded under this section.

‘‘(g) DISSEMINATION OF INFORMATION.—Not later than 12

months after the end of the grant period under this section, the

Deadline.

119 STAT. 3008 PUBLIC LAW 109–162—JAN. 5, 2006

Director shall prepare, submit to Congress, and make widely available, including through electronic means, summaries that contain

information on—

‘‘(1) the activities implemented by the recipients of the

grants awarded under this section; and

‘‘(2) related initiatives undertaken by the Director to promote attention to dating violence, domestic violence, sexual

assault, and stalking and their impact on young victims by—

‘‘(A) the staffs of courts;

‘‘(B) domestic violence, dating violence, sexual assault,

and stalking victim service providers; and

‘‘(C) law enforcement agencies and community

organizations.

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section, $5,000,000 in each

of fiscal years 2007 through 2011.

‘‘SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION ON THE

INTERSECTION BETWEEN DOMESTIC VIOLENCE AND

CHILD MALTREATMENT.

‘‘(a) PURPOSE.—The purpose of this section is to support efforts

by child welfare agencies, domestic violence or dating violence victim

services providers, courts, law enforcement, and other related

professionals and community organizations to develop collaborative

responses and services and provide cross-training to enhance

community responses to families where there is both child maltreatment and domestic violence.

‘‘(b) GRANTS AUTHORIZED.—The Secretary of the Department

of Health and Human Services (in this section referred to as the

‘Secretary’), through the Family and Youth Services Bureau, and

in consultation with the Office on Violence Against Women, shall

award grants on a competitive basis to eligible entities for the

purposes and in the manner described in this section.

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

to be appropriated to carry out this section $5,000,000 for each

of fiscal years 2007 through 2011. Funds appropriated under this

section shall remain available until expended. Of the amounts

appropriated to carry out this section for each fiscal year, the

Secretary shall—

‘‘(1) use not more than 3 percent for evaluation, monitoring,

site visits, grantee conferences, and other administrative costs

associated with conducting activities under this section;

‘‘(2) set aside not more than 7 percent for grants to Indian

tribes to develop programs addressing child maltreatment and

domestic violence or dating violence that are operated by, or

in partnership with, a tribal organization; and

‘‘(3) set aside up to 8 percent for technical assistance and

training to be provided by organizations having demonstrated

expertise in developing collaborative community and system

responses to families in which there is both child maltreatment

and domestic violence or dating violence, which technical assistance and training may be offered to jurisdictions in the process

of developing community responses to families in which children

are exposed to child maltreatment and domestic violence or

dating violence, whether or not they are receiving funds under

this section.

42 USC

14043c–2.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3009

‘‘(d) UNDERSERVED POPULATIONS.—In awarding grants under

this section, the Secretary shall consider the needs of underserved

populations.

‘‘(e) GRANT AWARDS.—The Secretary shall award grants under

this section for periods of not more than 2 fiscal years.

‘‘(f) USES OF FUNDS.—Entities receiving grants under this section shall use amounts provided to develop collaborative responses

and services and provide cross-training to enhance community

responses to families where there is both child maltreatment and

domestic violence or dating violence. Amounts distributed under

this section may only be used for programs and activities described

in subsection (g).

‘‘(g) PROGRAMS AND ACTIVITIES.—The programs and activities

developed under this section shall—

‘‘(1) encourage cross training, education, service development, and collaboration among child welfare agencies, domestic

violence victim service providers, and courts, law enforcement

agencies, community-based programs, and other entities, in

order to ensure that such entities have the capacity to and

will identify, assess, and respond appropriately to—

‘‘(A) domestic violence or dating violence in homes

where children are present and may be exposed to the

violence;

‘‘(B) domestic violence or dating violence in child protection cases; and

‘‘(C) the needs of both the child and nonabusing parent;

‘‘(2) establish and implement policies, procedures, programs, and practices for child welfare agencies, domestic

violence victim service providers, courts, law enforcement agencies, and other entities, that are consistent with the principles

of protecting and increasing the immediate and long-term safety

and well being of children and non-abusing parents and caretakers;

‘‘(3) increase cooperation and enhance linkages between

child welfare agencies, domestic violence victim service providers, courts, law enforcement agencies, and other entities

to provide more comprehensive community-based services

(including health, mental health, social service, housing, and

neighborhood resources) to protect and to serve both child and

adult victims;

‘‘(4) identify, assess, and respond appropriately to domestic

violence or dating violence in child protection cases and to

child maltreatment when it co-occurs with domestic violence

or dating violence;

‘‘(5) analyze and change policies, procedures, and protocols

that contribute to overrepresentation of certain populations

in the court and child welfare system; and

‘‘(6) provide appropriate referrals to community-based programs and resources, such as health and mental health services,

shelter and housing assistance for adult and youth victims

and their children, legal assistance and advocacy for adult

and youth victims, assistance for parents to help their children

cope with the impact of exposure to domestic violence or dating

violence and child maltreatment, appropriate intervention and

treatment for adult perpetrators of domestic violence or dating

violence whose children are the subjects of child protection

119 STAT. 3010 PUBLIC LAW 109–162—JAN. 5, 2006

cases, programs providing support and assistance to underserved populations, and other necessary supportive services.

‘‘(h) GRANTEE REQUIREMENTS.—

‘‘(1) APPLICATIONS.—Under this section, an entity shall prepare and submit to the Secretary an application at such time,

in such manner, and containing such information as the Secretary may require, consistent with the requirements described

herein. The application shall—

‘‘(A) ensure that communities impacted by these systems or organizations are adequately represented in the

development of the application, the programs and activities

to be undertaken, and that they have a significant role

in evaluating the success of the project;

‘‘(B) describe how the training and collaboration activities will enhance or ensure the safety and economic security

of families where both child maltreatment and domestic

violence or dating violence occurs by providing appropriate

resources, protection, and support to the victimized parents

of such children and to the children themselves; and

‘‘(C) outline methods and means participating entities

will use to ensure that all services are provided in a

developmentally, linguistically and culturally competent

manner and will utilize community-based supports and

resources.

‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a grant under

this section, an entity shall be a collaboration that—

‘‘(A) shall include a State or local child welfare agency

or Indian Tribe;

‘‘(B) shall include a domestic violence or dating violence

victim service provider;

‘‘(C) shall include a law enforcement agency or Bureau

of Indian Affairs providing tribal law enforcement;

‘‘(D) may include a court; and

‘‘(E) may include any other such agencies or private

nonprofit organizations and faith-based organizations,

including community-based organizations, with the

capacity to provide effective help to the child and adult

victims served by the collaboration.

‘‘SEC. 41204. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING

VIOLENCE, SEXUAL ASSAULT, AND STALKING IN MIDDLE

AND HIGH SCHOOLS.

‘‘(a) SHORT TITLE.—This section may be cited as the ‘Supporting

Teens through Education and Protection Act of 2005’ or the ‘STEP

Act’.

‘‘(b) GRANTS AUTHORIZED.—The Attorney General, through the

Director of the Office on Violence Against Women, is authorized

to award grants to middle schools and high schools that work

with domestic violence and sexual assault experts to enable the

schools—

‘‘(1) to provide training to school administrators, faculty,

counselors, coaches, healthcare providers, security personnel,

and other staff on the needs and concerns of students who

experience domestic violence, dating violence, sexual assault,

or stalking, and the impact of such violence on students;

Supporting Teens

through

Education and

Protection Act of

2005.

42 USC

14043c–3.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3011

‘‘(2) to develop and implement policies in middle and high

schools regarding appropriate, safe responses to, and identification and referral procedures for, students who are experiencing

or perpetrating domestic violence, dating violence, sexual

assault, or stalking, including procedures for handling the

requirements of court protective orders issued to or against

students or school personnel, in a manner that ensures the

safety of the victim and holds the perpetrator accountable;

‘‘(3) to provide support services for students and school

personnel, such as a resource person who is either on-site

or on-call, and who is an expert described in subsections (i)(2)

and (i)(3), for the purpose of developing and strengthening

effective prevention and intervention strategies for students

and school personnel experiencing domestic violence, dating

violence, sexual assault or stalking;

‘‘(4) to provide developmentally appropriate educational

programming to students regarding domestic violence, dating

violence, sexual assault, and stalking, and the impact of experiencing domestic violence, dating violence, sexual assault, and

stalking on children and youth by adapting existing curricula

activities to the relevant student population;

‘‘(5) to work with existing mentoring programs and develop

strong mentoring programs for students, including student athletes, to help them understand and recognize violence and

violent behavior, how to prevent it and how to appropriately

address their feelings; and

‘‘(6) to conduct evaluations to assess the impact of programs

and policies assisted under this section in order to enhance

the development of the programs.

‘‘(c) AWARD BASIS.—The Director shall award grants and contracts under this section on a competitive basis.

‘‘(d) POLICY DISSEMINATION.—The Director shall disseminate

to middle and high schools any existing Department of Justice,

Department of Health and Human Services, and Department of

Education policy guidance and curricula regarding the prevention

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

and the impact of the violence on children and youth.

‘‘(e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION.—In order to ensure the safety of adult, youth, and minor

victims of domestic violence, dating violence, sexual assault, or

stalking and their families, grantees and subgrantees shall protect

the confidentiality and privacy of persons receiving services.

Grantees and subgrantees pursuant to this section shall not disclose

any personally identifying information or individual information

collected in connection with services requested, utilized, or denied

through grantees’ and subgrantees’ programs. Grantees and subgrantees shall not reveal individual client information without the

informed, written, reasonably time-limited consent of the person

(or in the case of unemancipated minor, the minor and the parent

or guardian, except that consent for release may not be given

by the abuser of the minor or of the other parent of the minor)

about whom information is sought, whether for this program or

any other Tribal, Federal, State or Territorial grant program. If

release of such information is compelled by statutory or court mandate, grantees and subgrantees shall make reasonable attempts

to provide notice to victims affected by the disclosure of information.

If such personally identifying information is or will be revealed,

119 STAT. 3012 PUBLIC LAW 109–162—JAN. 5, 2006

grantees and subgrantees shall take steps necessary to protect

the privacy and safety of the persons affected by the release of

the information. Grantees may share non-personally identifying

data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply

with Tribal, Federal, State or Territorial reporting, evaluation, or

data collection requirements. Grantees and subgrantees may share

court-generated information contained in secure, governmental registries for protection order enforcement purposes.

‘‘(f) GRANT TERM AND ALLOCATION.— ‘‘(1) TERM.—The Director shall make the grants under this

section for a period of 3 fiscal years.

‘‘(2) ALLOCATION.—Not more than 15 percent of the funds

available to a grantee in a given year shall be used for the

purposes described in subsection (b)(4)(D), (b)(5), and (b)(6).

‘‘(g) DISTRIBUTION.— ‘‘(1) IN GENERAL.—Not less than 5 percent of funds appropriated under subsection (l) in any year shall be available

for grants to tribal schools, schools on tribal lands or schools

whose student population is more than 25 percent Native American.

‘‘(2) ADMINISTRATION.—The Director shall not use more

than 5 percent of funds appropriated under subsection (l) in

any year for administration, monitoring and evaluation of

grants made available under this section.

‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—Not less than 5 percent of funds appropriated under

subsection (l) in any year shall be available to provide training,

technical assistance, and data collection for programs funded

under this section.

‘‘(h) APPLICATION.—To be eligible to be awarded a grant or

contract under this section for any fiscal year, a middle or secondary

school, in consultation with an expert as described in subsections

(i)(2) and (i)(3), shall submit an application to the Director at

such time and in such manner as the Director shall prescribe.

‘‘(i) ELIGIBLE ENTITIES.—To be eligible to receive a grant under

this section, an entity shall be a partnership that—

‘‘(1) shall include a public, charter, tribal, or nationally

accredited private middle or high school, a school administered

by the Department of Defense under 10 U.S.C. 2164 or 20

U.S.C. 921, a group of schools, or a school district;

‘‘(2) shall include a domestic violence victim service provider

that has a history of working on domestic violence and the

impact that domestic violence and dating violence have on

children and youth;

‘‘(3) shall include a sexual assault victim service provider,

such as a rape crisis center, program serving tribal victims

of sexual assault, or coalition or other nonprofit nongovernmental organization carrying out a community-based sexual

assault program, that has a history of effective work concerning

sexual assault and the impact that sexual assault has on children and youth; and

‘‘(4) may include a law enforcement agency, the State,

Tribal, Territorial or local court, nonprofit nongovernmental

organizations and service providers addressing sexual harassment, bullying or gang-related violence in schools, and any

other such agencies or nonprofit nongovernmental organizations

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3013

with the capacity to provide effective assistance to the adult,

youth, and minor victims served by the partnership.

‘‘(j) PRIORITY.—In awarding grants under this section, the

Director shall give priority to entities that have submitted applications in partnership with relevant courts or law enforcement agencies.

‘‘(k) REPORTING AND DISSEMINATION OF INFORMATION.—

‘‘(1) REPORTING.—Each of the entities that are members

of the applicant partnership described in subsection (i), that

receive a grant under this section shall jointly prepare and

submit to the Director every 18 months a report detailing

the activities that the entities have undertaken under the grant

and such additional information as the Director shall require.

‘‘(2) DISSEMINATION OF INFORMATION.—Within 9 months

of the completion of the first full grant cycle, the Director

shall publicly disseminate, including through electronic means,

model policies and procedures developed and implemented in

middle and high schools by the grantees, including information

on the impact the policies have had on their respective schools

and communities.

‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated

to carry out this section, $5,000,000 for each of fiscal years

2007 through 2011.

‘‘(2) AVAILABILITY.—Funds appropriated under paragraph

(1) shall remain available until expended.’’.

SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

(a) GRANTS AUTHORIZED.—

(1) IN GENERAL.—The Attorney General is authorized to

make grants to institutions of higher education, for use by

such institutions or consortia consisting of campus personnel,

student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution,

to develop and strengthen effective security and investigation

strategies to combat domestic violence, dating violence, sexual

assault, and stalking on campuses, and to develop and

strengthen victim services in cases involving such crimes

against women on campuses, which may include partnerships

with local criminal justice authorities and community-based

victim services agencies.

(2) AWARD BASIS.—The Attorney General shall award

grants and contracts under this section on a competitive basis

for a period of 3 years. The Attorney General, through the

Director of the Office on Violence Against Women, shall award

the grants in amounts of not more than $500,000 for individual

institutions of higher education and not more than $1,000,000

for consortia of such institutions.

(3) EQUITABLE PARTICIPATION.—The Attorney General shall

make every effort to ensure—

(A) the equitable participation of private and public

institutions of higher education in the activities assisted

under this section;

(B) the equitable geographic distribution of grants

under this section among the various regions of the United

States; and

42 USC 14045b.

119 STAT. 3014 PUBLIC LAW 109–162—JAN. 5, 2006

(C) the equitable distribution of grants under this section to tribal colleges and universities and traditionally

black colleges and universities.

(b) USE OF GRANT FUNDS.—Grant funds awarded under this

section may be used for the following purposes:

(1) To provide personnel, training, technical assistance,

data collection, and other equipment with respect to the

increased apprehension, investigation, and adjudication of persons committing domestic violence, dating violence, sexual

assault, and stalking on campus.

(2) To train campus administrators, campus security personnel, and personnel serving on campus disciplinary or judicial

boards to develop and implement campus policies, protocols,

and services that more effectively identify and respond to the

crimes of domestic violence, dating violence, sexual assault,

and stalking. Within 90 days after the date of enactment of

this Act, the Attorney General shall issue and make available

minimum standards of training relating to domestic violence,

dating violence, sexual assault, and stalking on campus, for

all campus security personnel and personnel serving on campus

disciplinary or judicial boards.

(3) To implement and operate education programs for the

prevention of domestic violence, dating violence, sexual assault,

and stalking.

(4) To develop, enlarge, or strengthen victim services programs on the campuses of the institutions involved, including

programs providing legal, medical, or psychological counseling,

for victims of domestic violence, dating violence, sexual assault,

and stalking, and to improve delivery of victim assistance on

campus. To the extent practicable, such an institution shall

collaborate with any entities carrying out nonprofit and other

victim services programs, including domestic violence, dating

violence, sexual assault, and stalking victim services programs

in the community in which the institution is located. If appropriate victim services programs are not available in the community or are not accessible to students, the institution shall,

to the extent practicable, provide a victim services program

on campus or create a victim services program in collaboration

with a community-based organization. The institution shall

use not less than 20 percent of the funds made available

through the grant for a victim services program provided in

accordance with this paragraph.

(5) To create, disseminate, or otherwise provide assistance

and information about victims’ options on and off campus to

bring disciplinary or other legal action, including assistance

to victims in immigration matters.

(6) To develop, install, or expand data collection and

communication systems, including computerized systems,

linking campus security to the local law enforcement for the

purpose of identifying and tracking arrests, protection orders,

violations of protection orders, prosecutions, and convictions

with respect to the crimes of domestic violence, dating violence,

sexual assault, and stalking on campus.

(7) To provide capital improvements (including improved

lighting and communications facilities but not including the

construction of buildings) on campuses to address the crimes

Deadline.

Standards.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3015

of domestic violence, dating violence, sexual assault, and

stalking.

(8) To support improved coordination among campus

administrators, campus security personnel, and local law

enforcement to reduce domestic violence, dating violence, sexual

assault, and stalking on campus.

(c) APPLICATIONS.— (1) IN GENERAL.—In order to be eligible to be awarded

a grant under this section for any fiscal year, an institution

of higher education shall submit an application to the Attorney

General at such time and in such manner as the Attorney

General shall prescribe.

(2) CONTENTS.—Each application submitted under paragraph (1) shall—

(A) describe the need for grant funds and the plan

for implementation for any of the purposes described in

subsection (b);

(B) include proof that the institution of higher education collaborated with any non-profit, nongovernmental

entities carrying out other victim services programs,

including domestic violence, dating violence, sexual assault,

and stalking victim services programs in the community

in which the institution is located;

(C) describe the characteristics of the population being

served, including type of campus, demographics of the population, and number of students;

(D) provide measurable goals and expected results from

the use of the grant funds;

(E) provide assurances that the Federal funds made

available under this section shall be used to supplement

and, to the extent practical, increase the level of funds

that would, in the absence of Federal funds, be made

available by the institution for the purposes described in

subsection (b); and

(F) include such other information and assurances as

the Attorney General reasonably determines to be necessary.

(3) COMPLIANCE WITH CAMPUS CRIME REPORTING

REQUIRED.—No institution of higher education shall be eligible

for a grant under this section unless such institution is in

compliance with the requirements of section 485(f) of the Higher

Education Act of 1965 (20 U.S.C. 1092(f)). Up to $200,000

of the total amount of grant funds appropriated under this

section for fiscal years 2007 through 2011 may be used to

provide technical assistance in complying with the mandatory

reporting requirements of section 485(f) of such Act.

(d) GENERAL TERMS AND CONDITIONS.—

(1) NONMONETARY ASSISTANCE.—In addition to the assistance provided under this section, the Attorney General may

request any Federal agency to use the agency’s authorities

and the resources granted to the agency under Federal law

(including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of campus

security, and investigation and victim service efforts.

(2) GRANTEE REPORTING.— (A) ANNUAL REPORT.—Each institution of higher education receiving a grant under this section shall submit

119 STAT. 3016 PUBLIC LAW 109–162—JAN. 5, 2006

a biennial performance report to the Attorney General.

The Attorney General shall suspend funding under this

section for an institution of higher education if the institution fails to submit such a report.

(B) FINAL REPORT.—Upon completion of the grant

period under this section, the institution shall file a

performance report with the Attorney General and the

Secretary of Education explaining the activities carried

out under this section together with an assessment of the

effectiveness of those activities in achieving the purposes

described in subsection (b).

(3) REPORT TO CONGRESS.—Not later than 180 days after

the end of the fiscal year for which grants are awarded under

this section, the Attorney General shall submit to Congress

a report that includes—

(A) the number of grants, and the amount of funds,

distributed under this section;

(B) a summary of the purposes for which the grants

were provided and an evaluation of the progress made

under the grant;

(C) a statistical summary of the persons served,

detailing the nature of victimization, and providing data

on age, sex, race, ethnicity, language, disability, relationship to offender, geographic distribution, and type of campus; and

(D) an evaluation of the effectiveness of programs

funded under this part.

(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

$12,000,000 for fiscal year 2007 and $15,000,000 for each of fiscal

years 2008 through 2011.

(f) REPEAL.—Section 826 of the Higher Education Amendments

of 1998 (20 U.S.C. 1152) is repealed.

SEC. 305. JUVENILE JUSTICE.

Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended—

(1) in paragraph (7)(B)—

(A) by redesignating clauses (i), (ii) and (iii), as clauses

(ii), (iii), and (iv), respectively; and

(B) by inserting before clause (ii) the following:

‘‘(i) an analysis of gender-specific services for the

prevention and treatment of juvenile delinquency, including

the types of such services available and the need for such

services;’’.

SEC. 306. SAFE HAVENS.

Section 1301 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 10420) is amended—

(1) by striking the section heading and inserting the following:

‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’;

(2) in subsection (a)—

(A) by inserting ‘‘, through the Director of the Office

on Violence Against Women,’’ after ‘‘Attorney General’’;

(B) by inserting ‘‘dating violence,’’ after ‘‘domestic

violence,’’;

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3017

(C) by striking ‘‘to provide’’ and inserting the following:

‘‘(1) to provide’’;

(D) by striking the period at the end and inserting

a semicolon; and

(E) by adding at the end the following:

‘‘(2) to protect children from the trauma of witnessing

domestic or dating violence or experiencing abduction, injury,

or death during parent and child visitation exchanges;

‘‘(3) to protect parents or caretakers who are victims of

domestic and dating violence from experiencing further

violence, abuse, and threats during child visitation exchanges;

and

‘‘(4) to protect children from the trauma of experiencing

sexual assault or other forms of physical assault or abuse

during parent and child visitation and visitation exchanges.’’;

and

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

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated

to carry out this section, $20,000,000 for each of fiscal years

2007 through 2011. Funds appropriated under this section shall

remain available until expended.

‘‘(2) USE OF FUNDS.—Of the amounts appropriated to carry

out this section for each fiscal year, the Attorney General

shall—

‘‘(A) set aside not less than 7 percent for grants to

Indian tribal governments or tribal organizations;

‘‘(B) use not more than 3 percent for evaluation, monitoring, site visits, grantee conferences, and other administrative costs associated with conducting activities under

this section; and

‘‘(C) set aside not more than 8 percent for technical

assistance and training to be provided by organizations

having nationally recognized expertise in the design of

safe and secure supervised visitation programs and visitation exchange of children in situations involving domestic

violence, dating violence, sexual assault, or stalking.’’.

TITLE IV—STRENGTHENING AMERICA’S

FAMILIES BY PREVENTING VIOLENCE

SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.

The Violence Against Women Act of 1994 (108 Stat. 1902 et

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

‘‘Subtitle M—Strengthening America’s

Families by Preventing Violence Against

Women and Children

‘‘SEC. 41301. FINDINGS.

‘‘Congress finds that—

42 USC 14043d.

119 STAT. 3018 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(1) the former United States Advisory Board on Child

Abuse suggests that domestic violence may be the single major

precursor to child abuse and neglect fatalities in this country;

‘‘(2) studies suggest that as many as 10,000,000 children

witness domestic violence every year;

‘‘(3) studies suggest that among children and teenagers,

recent exposure to violence in the home was a significant factor

in predicting a child’s violent behavior;

‘‘(4) a study by the Nurse-Family Partnership found that

children whose parents did not participate in home visitation

programs that provided coaching in parenting skills, advice

and support, were almost 5 times more likely to be abused

in their first 2 years of life;

‘‘(5) a child’s exposure to domestic violence seems to pose

the greatest independent risk for being the victim of any act

of partner violence as an adult;

‘‘(6) children exposed to domestic violence are more likely

to believe that using violence is an effective means of getting

one’s needs met and managing conflict in close relationships;

‘‘(7) children exposed to abusive parenting, harsh or erratic

discipline, or domestic violence are at increased risk for juvenile

crime; and

‘‘(8) in a national survey of more than 6,000 American

families, 50 percent of men who frequently assaulted their

wives also frequently abused their children.

‘‘SEC. 41302. PURPOSE.

‘‘The purpose of this subtitle is to—

‘‘(1) prevent crimes involving violence against women, children, and youth;

‘‘(2) increase the resources and services available to prevent

violence against women, children, and youth;

‘‘(3) reduce the impact of exposure to violence in the lives

of children and youth so that the intergenerational cycle of

violence is interrupted;

‘‘(4) develop and implement education and services programs to prevent children in vulnerable families from becoming

victims or perpetrators of domestic violence, dating violence,

sexual assault, or stalking;

‘‘(5) promote programs to ensure that children and youth

receive the assistance they need to end the cycle of violence

and develop mutually respectful, nonviolent relationships; and

‘‘(6) encourage collaboration among community-based

organizations and governmental agencies serving children and

youth, providers of health and mental health services and providers of domestic violence, dating violence, sexual assault,

and stalking victim services to prevent violence against women

and children.

‘‘SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO

VIOLENCE.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Attorney General, acting through

the Director of the Office on Violence Against Women, and

in collaboration with the Department of Health and Human

Services, is authorized to award grants on a competitive basis

to eligible entities for the purpose of mitigating the effects

of domestic violence, dating violence, sexual assault, and

42 USC

14043d–2.

42 USC

14043d–1.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3019

stalking on children exposed to such violence, and reducing

the risk of future victimization or perpetration of domestic

violence, dating violence, sexual assault, and stalking.

‘‘(2) TERM.—The Director shall make grants under this

section for a period of 2 fiscal years.

‘‘(3) AWARD BASIS.—The Director shall award grants—

‘‘(A) considering the needs of underserved populations;

‘‘(B) awarding not less than 10 percent of such amounts

to Indian tribes for the funding of tribal projects from

the amounts made available under this section for a fiscal

year;

‘‘(C) awarding up to 8 percent for the funding of technical assistance programs from the amounts made available

under this section for a fiscal year; and

‘‘(D) awarding not less than 66 percent to programs

described in subsection (c)(1) from the amounts made available under this section for a fiscal year.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $20,000,000 for each

of fiscal years 2007 through 2011.

‘‘(c) USE OF FUNDS.—The funds appropriated under this section

shall be used for—

‘‘(1) programs that provide services for children exposed

to domestic violence, dating violence, sexual assault, or stalking,

which may include direct counseling, advocacy, or mentoring,

and must include support for the nonabusing parent or the

child’s caretaker; or

‘‘(2) training, coordination, and advocacy for programs that

serve children and youth (such as Head Start, child care, and

after-school programs) on how to safely and confidentially identify children and families experiencing domestic violence and

properly refer them to programs that can provide direct services

to the family and children, and coordination with other domestic

violence or other programs serving children exposed to domestic

violence, dating violence, sexual assault, or stalking that can

provide the training and direct services referenced in this subsection.

‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive a grant under

this section, an entity shall be a—

‘‘(1) a victim service provider, tribal nonprofit organization

or community-based organization that has a documented history of effective work concerning children or youth exposed

to domestic violence, dating violence, sexual assault, or stalking,

including programs that provide culturally specific services,

Head Start, childcare, faith-based organizations, after school

programs, and health and mental health providers; or

‘‘(2) a State, territorial, or tribal, or local unit of government

agency that is partnered with an organization described in

paragraph (1).

‘‘(e) GRANTEE REQUIREMENTS.—Under this section, an entity

shall—

‘‘(1) prepare and submit to the Director an application

at such time, in such manner, and containing such information

as the Director may require; and

‘‘(2) at a minimum, describe in the application the policies

and procedures that the entity has or will adopt to—

119 STAT. 3020 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(A) enhance or ensure the safety and security of children who have been or are being exposed to violence and

their nonabusing parent, enhance or ensure the safety and

security of children and their nonabusing parent in homes

already experiencing domestic violence, dating violence,

sexual assault, or stalking; and

‘‘(B) ensure linguistically, culturally, and community

relevant services for underserved communities.

‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS

FOR HOME VISITATION PROJECTS.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Attorney General, acting through

the Director of the Office on Violence Against Women, and

in collaboration with the Department of Health and Human

Services, shall award grants on a competitive basis to home

visitation programs, in collaboration with victim service providers, for the purposes of developing and implementing model

policies and procedures to train home visitation service providers on addressing domestic violence, dating violence, sexual

assault, and stalking in families experiencing violence, or at

risk of violence, to reduce the impact of that violence on children, maintain safety, improve parenting skills, and break

intergenerational cycles of violence.

‘‘(2) TERM.—The Director shall make the grants under this

section for a period of 2 fiscal years.

‘‘(3) AWARD BASIS.—The Director shall—

‘‘(A) consider the needs of underserved populations;

‘‘(B) award not less than 7 percent of such amounts

for the funding of tribal projects from the amounts made

available under this section for a fiscal year; and

‘‘(C) award up to 8 percent for the funding of technical

assistance programs from the amounts made available

under this section for a fiscal year.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $7,000,000 for each

of fiscal years 2007 through 2011.

‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a grant under

this section, an entity shall be a national, Federal, State, local,

territorial, or tribal—

‘‘(1) home visitation program that provides services to pregnant women and to young children and their parent or primary

caregiver that are provided in the permanent or temporary

residence or in other familiar surroundings of the individual

or family receiving such services; or

‘‘(2) victim services organization or agency in collaboration

with an organization or organizations listed in paragraph (1).

‘‘(d) GRANTEE REQUIREMENTS.—Under this section, an entity

shall—

‘‘(1) prepare and submit to the Director an application

at such time, in such manner, and containing such information

as the Director may require; and

‘‘(2) describe in the application the policies and procedures

that the entity has or will adopt to—

42 USC

14043d–3.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3021

‘‘(A) enhance or ensure the safety and security of children and their nonabusing parent in homes already experiencing domestic violence, dating violence, sexual assault,

or stalking;

‘‘(B) ensure linguistically, culturally, and community

relevant services for underserved communities;

‘‘(C) ensure the adequate training by domestic violence,

dating violence, sexual assault or stalking victim service

providers of home visitation grantee program staff to—

‘‘(i) safely screen for and/or recognize domestic

violence, dating violence, sexual assault, and stalking;

‘‘(ii) understand the impact of domestic violence

or sexual assault on children and protective actions

taken by a nonabusing parent or caretaker in response

to violence against anyone in the household; and

‘‘(iii) link new parents with existing community

resources in communities where resources exist; and

‘‘(D) ensure that relevant State and local domestic

violence, dating violence, sexual assault, and stalking

victim service providers and coalitions are aware of the

efforts of organizations receiving grants under this section,

and are included as training partners, where possible.

‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND

STALKING.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL—The Attorney General, acting through

the Director of the Office on Violence Against Women, and

in collaboration with the Department of Health and Human

Services, shall award grants on a competitive basis to eligible

entities for the purpose of developing or enhancing programs

related to engaging men and youth in preventing domestic

violence, dating violence, sexual assault, and stalking by

helping them to develop mutually respectful, nonviolent relationships.

‘‘(2) TERM.—The Director shall make grants under this

section for a period of 2 fiscal years.

‘‘(3) AWARD BASIS.—The Director shall award grants—

‘‘(A) considering the needs of underserved populations;

‘‘(B) awarding not less than 10 percent of such amounts

for the funding of Indian tribes from the amounts made

available under this section for a fiscal year; and

‘‘(C) awarding up to 8 percent for the funding of technical assistance for grantees and non-grantees working

in this area from the amounts made available under this

section for a fiscal year.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $10,000,000 for each

of fiscal years 2007 through 2011.

‘‘(c) USE OF FUNDS.—

‘‘(1) PROGRAMS.—The funds appropriated under this section

shall be used by eligible entities—

‘‘(A) to develop or enhance community-based programs,

including gender-specific programs in accordance with

applicable laws that—

42 USC

14043d–4.

119 STAT. 3022 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(i) encourage children and youth to pursue nonviolent relationships and reduce their risk of becoming

victims or perpetrators of domestic violence, dating

violence, sexual assault, or stalking; and

‘‘(ii) that include at a minimum—

‘‘(I) information on domestic violence, dating

violence, sexual assault, stalking, or child sexual

abuse and how they affect children and youth;

and

‘‘(II) strategies to help participants be as safe

as possible; or

‘‘(B) to create public education campaigns and community organizing to encourage men and boys to work as

allies with women and girls to prevent violence against

women and girls conducted by entities that have experience

in conducting public education campaigns that address

domestic violence, dating violence, sexual assault, or

stalking.

‘‘(2) MEDIA LIMITS.—No more than 40 percent of funds

received by a grantee under this section may be used to create

and distribute media materials.

‘‘(d) ELIGIBLE ENTITIES.—

‘‘(1) RELATIONSHIPS.—Eligible entities under subsection

(c)(1)(A) are—

‘‘(A) nonprofit, nongovernmental domestic violence,

dating violence, sexual assault, or stalking victim service

providers or coalitions;

‘‘(B) community-based child or youth services organizations with demonstrated experience and expertise in

addressing the needs and concerns of young people;

‘‘(C) a State, territorial, tribal, or unit of local governmental entity that is partnered with an organization

described in subparagraph (A) or (B); or

‘‘(D) a program that provides culturally specific services.

‘‘(2) AWARENESS CAMPAIGN.—Eligible entities under subsection (c)(1)(B) are—

‘‘(A) nonprofit, nongovernmental organizations or coalitions that have a documented history of creating and

administering effective public education campaigns

addressing the prevention of domestic violence, dating

violence, sexual assault or stalking; or

‘‘(B) a State, territorial, tribal, or unit of local governmental entity that is partnered with an organization

described in subparagraph (A).

‘‘(e) GRANTEE REQUIREMENTS.—Under this section, an entity

shall—

‘‘(1) prepare and submit to the Director an application

at such time, in such manner, and containing such information

as the Director may require; and

‘‘(2) eligible entities pursuant to subsection (c)(1)(A) shall

describe in the application the policies and procedures that

the entity has or will adopt to—

‘‘(A) enhance or ensure the safety and security of children and youth already experiencing domestic violence,

dating violence, sexual assault, or stalking in their lives;

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3023

‘‘(B) ensure linguistically, culturally, and community

relevant services for underserved communities;

‘‘(C) inform participants about laws, services, and

resources in the community, and make referrals as appropriate; and

‘‘(D) ensure that State and local domestic violence,

dating violence, sexual assault, and stalking victim service

providers and coalitions are aware of the efforts of organizations receiving grants under this section.’’.

SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.

(a) PURPOSES.—The Secretary of Health and Human Services

acting through the National Center for Injury Prevention and Control at the Centers for Disease Control Prevention shall make

grants to entities, including domestic and sexual assault coalitions

and programs, research organizations, tribal organizations, and academic institutions to support research to examine prevention and

intervention programs to further the understanding of sexual and

domestic violence by and against adults, youth, and children.

(b) USE OF FUNDS.—The research conducted under this section

shall include evaluation and study of best practices for reducing

and preventing violence against women and children addressed

by the strategies included in Department of Health and Human

Services-related provisions this title, including strategies addressing

underserved communities.

(c) AUTHORIZATION OF APPROPRIATIONS.—There shall be authorized to be appropriated to carry out this title $2,000,000 for each

of the fiscal years 2007 through 2011.

SEC. 403. PUBLIC AWARENESS CAMPAIGN.

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

Office on Violence Against Women], shall make grants to States

for carrying out a campaign to increase public awareness of issues

regarding domestic violence against pregnant women.

(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2006

through 2010.

TITLE V—STRENGTHENING THE

HEALTHCARE SYSTEM’S RESPONSE

TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND

STALKING

SEC. 501. FINDINGS.

Congress makes the following findings:

(1) The health-related costs of intimate partner violence

in the United States exceed $5,800,000,000 annually.

(2) Thirty-seven percent of all women who sought care

in hospital emergency rooms for violence-related injuries were

injured by a current or former spouse, boyfriend, or girlfriend.

42 USC 280g–4

note.

Grants.

42 USC 14045c.

Grants.

42 USC 280b–4.

119 STAT. 3024 PUBLIC LAW 109–162—JAN. 5, 2006

(3) In addition to injuries sustained during violent episodes,

physical and psychological abuse is linked to a number of

adverse physical and mental health effects. Women who have

been abused are much more likely to suffer from chronic pain,

diabetes, depression, unintended pregnancies, substance abuse

and sexually transmitted infections, including HIV/AIDS.

(4) Health plans spend an average of $1,775 more a year

on abused women than on general enrollees.

(5) Each year about 324,000 pregnant women in the United

States are battered by the men in their lives. This battering

leads to complications of pregnancy, including low weight gain,

anemia, infections, and first and second trimester bleeding.

(6) Pregnant and recently pregnant women are more likely

to be victims of homicide than to die of any other pregnancyrelated cause, and evidence exists that a significant proportion

of all female homicide victims are killed by their intimate

partners.

(7) Children who witness domestic violence are more likely

to exhibit behavioral and physical health problems including

depression, anxiety, and violence towards peers. They are also

more likely to attempt suicide, abuse drugs and alcohol, run

away from home, engage in teenage prostitution, and commit

sexual assault crimes.

(8) Recent research suggests that women experiencing

domestic violence significantly increase their safety-promoting

behaviors over the short- and long-term when health care providers screen for, identify, and provide followup care and

information to address the violence.

(9) Currently, only about 10 percent of primary care physicians routinely screen for intimate partner abuse during new

patient visits and 9 percent routinely screen for intimate

partner abuse during periodic checkups.

(10) Recent clinical studies have proven the effectiveness

of a 2-minute screening for early detection of abuse of pregnant

women. Additional longitudinal studies have tested a 10-minute

intervention that was proven highly effective in increasing the

safety of pregnant abused women. Comparable research does

not yet exist to support the effectiveness of screening men.

(11) Seventy to 81 percent of the patients studied reported

that they would like their healthcare providers to ask them

privately about intimate partner violence.

SEC. 502. PURPOSE.

It is the purpose of this title to improve the health care system’s

response to domestic violence, dating violence, sexual assault, and

stalking through the training and education of health care providers, developing comprehensive public health responses to

violence against women and children, increasing the number of

women properly screened, identified, and treated for lifetime exposure to violence, and expanding research on effective interventions

in the health care setting.

SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFESSIONALS IN

DOMESTIC AND SEXUAL VIOLENCE.

Part D of title VII of the Public Health Service Act (42 U.S.C.

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

42 USC 280g–4

note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3025

‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON

DOMESTIC VIOLENCE AND OTHER TYPES OF VIOLENCE

AND ABUSE.

‘‘(a) GRANTS.—The Secretary, acting through the Director of

the Health Resources and Services Administration, shall award

grants under this section to develop interdisciplinary training and

education programs that provide undergraduate, graduate, postgraduate medical, nursing (including advanced practice nursing

students), and other health professions students with an understanding of, and clinical skills pertinent to, domestic violence, sexual

assault, stalking, and dating violence.

‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under this

section an entity shall—

‘‘(1) be an accredited school of allopathic or osteopathic

medicine;

‘‘(2) prepare and submit to the Secretary an application

at such time, in such manner, and containing such information

as the Secretary may require, including—

‘‘(A) information to demonstrate that the applicant

includes the meaningful participation of a school of nursing

and at least one other school of health professions or graduate program in public health, dentistry, social work, midwifery, or behavioral and mental health;

‘‘(B) strategies for the dissemination and sharing of

curricula and other educational materials developed under

the grant to other interested medical and nursing schools

and national resource repositories for materials on domestic

violence and sexual assault; and

‘‘(C) a plan for consulting with community-based coalitions or individuals who have experience and expertise

in issues related to domestic violence, sexual assault, dating

violence, and stalking for services provided under the program carried out under the grant.

‘‘(c) USE OF FUNDS.—

‘‘(1) REQUIRED USES.—Amounts provided under a grant

under this section shall be used to—

‘‘(A) fund interdisciplinary training and education

projects that are designed to train medical, nursing, and

other health professions students and residents to identify

and provide health care services (including mental or

behavioral health care services and referrals to appropriate

community services) to individuals who are or who have

experienced domestic violence, sexual assault, and stalking

or dating violence; and

‘‘(B) plan and develop culturally competent clinical

components for integration into approved residency

training programs that address health issues related to

domestic violence, sexual assault, dating violence, and

stalking, along with other forms of violence as appropriate,

and include the primacy of victim safety and confidentiality.

‘‘(2) PERMISSIVE USES.—Amounts provided under a grant

under this section may be used to—

‘‘(A) offer community-based training opportunities in

rural areas for medical, nursing, and other students and

residents on domestic violence, sexual assault, stalking,

and dating violence, and other forms of violence and abuse,

which may include the use of distance learning networks

42 USC 294h.

119 STAT. 3026 PUBLIC LAW 109–162—JAN. 5, 2006

and other available technologies needed to reach isolated

rural areas; or

‘‘(B) provide stipends to students who are underrepresented in the health professions as necessary to promote

and enable their participation in clerkships, preceptorships,

or other offsite training experiences that are designed to

develop health care clinical skills related to domestic

violence, sexual assault, dating violence, and stalking.

‘‘(3) REQUIREMENTS.— ‘‘(A) CONFIDENTIALITY AND SAFETY.—Grantees under

this section shall ensure that all educational programs

developed with grant funds address issues of confidentiality

and patient safety, and that faculty and staff associated

with delivering educational components are fully trained

in procedures that will protect the immediate and ongoing

security of the patients, patient records, and staff.

Advocacy-based coalitions or other expertise available in

the community shall be consulted on the development and

adequacy of confidentially and security procedures, and

shall be fairly compensated by grantees for their services.

‘‘(B) RURAL PROGRAMS.—Rural training programs carried out under paragraph (2)(A) shall reflect adjustments

in protocols and procedures or referrals that may be needed

to protect the confidentiality and safety of patients who

live in small or isolated communities and who are currently

or have previously experienced violence or abuse.

‘‘(4) CHILD AND ELDER ABUSE.—Issues related to child and

elder abuse may be addressed as part of a comprehensive

programmatic approach implemented under a grant under this

section.

‘‘(d) REQUIREMENTS OF GRANTEES.— ‘‘(1) LIMITATION ON ADMINISTRATIVE EXPENSES.—A grantee

shall not use more than 10 percent of the amounts received

under a grant under this section for administrative expenses.

‘‘(2) CONTRIBUTION OF FUNDS.—A grantee under this section, and any entity receiving assistance under the grant for

training and education, shall contribute non-Federal funds,

either directly or through in-kind contributions, to the costs

of the activities to be funded under the grant in an amount

that is not less than 25 percent of the total cost of such

activities.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $3,000,000 for each

of fiscal years 2007 through 2011. Amounts appropriated under

this subsection shall remain available until expended.’’.

SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT, AND STALKING GRANTS.

Part P of title III of the Public Health Service Act (42 U.S.C.

280g et seq.) is amended by adding at the end the following:

‘‘SEC. 399O. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT, AND STALKING.

‘‘(a) AUTHORITY TO AWARD GRANTS.—

‘‘(1) IN GENERAL.—The Secretary, acting through the

Director of the Centers for Disease Control and Prevention,

42 USC 280g–4.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3027

shall award grants to eligible State, tribal, territorial, or local

entities to strengthen the response of State, tribal, territorial,

or local health care systems to domestic violence, dating

violence, sexual assault, and stalking.

‘‘(2) ELIGIBLE ENTITIES.—To be eligible to receive a grant

under this section, an entity shall—

‘‘(A) be—

‘‘(i) a State department (or other division) of health,

a State domestic or sexual assault coalition or servicebased program, State law enforcement task force, or

any other nonprofit, nongovernmental, tribal, territorial, or State entity with a history of effective work

in the fields of domestic violence, dating violence,

sexual assault or stalking, and health care; or

‘‘(ii) a local, nonprofit domestic violence, dating

violence, sexual assault, or stalking service-based program, a local department (or other division) of health,

a local health clinic, hospital, or health system, or

any other nonprofit, tribal, or local entity with a history

of effective work in the field of domestic or sexual

violence and health;

‘‘(B) prepare and submit to the Secretary an application

at such time, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out the purposes for which

the grant is to be made; and

‘‘(C) demonstrate that the entity is representing a team

of organizations and agencies working collaboratively to

strengthen the response of the health care system involved

to domestic violence, dating violence, sexual assault, or

stalking and that such team includes domestic violence,

dating violence, sexual assault or stalking and health care

organizations.

‘‘(3) DURATION.—A program conducted under a grant

awarded under this section shall not exceed 2 years.

‘‘(b) USE OF FUNDS.—

‘‘(1) IN GENERAL.—An entity shall use amounts received

under a grant under this section to design and implement

comprehensive strategies to improve the response of the health

care system involved to domestic or sexual violence in clinical

and public health settings, hospitals, clinics, managed care

settings (including behavioral and mental health), and other

health settings.

‘‘(2) MANDATORY STRATEGIES.—Strategies implemented

under paragraph (1) shall include the following:

‘‘(A) The implementation, dissemination, and evaluation of policies and procedures to guide health care professionals and behavioral and public health staff in responding

to domestic violence, dating violence, sexual assault, and

stalking, including strategies to ensure that health information is maintained in a manner that protects the patient’s

privacy and safety and prohibits insurance discrimination.

‘‘(B) The development of on-site access to services to

address the safety, medical, mental health, and economic

needs of patients either by increasing the capacity of

existing health care professionals and behavioral and public

health staff to address domestic violence, dating violence,

119 STAT. 3028 PUBLIC LAW 109–162—JAN. 5, 2006

sexual assault, and stalking, by contracting with or hiring

domestic or sexual assault advocates to provide the services, or to model other services appropriate to the

geographic and cultural needs of a site.

‘‘(C) The evaluation of practice and the institutionalization of identification, intervention, and documentation

including quality improvement measurements.

‘‘(D) The provision of training and followup technical

assistance to health care professionals, behavioral and

public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of

domestic violence, dating violence, sexual violence, or

stalking.

‘‘(3) PERMISSIVE STRATEGIES.—Strategies implemented

under paragraph (1) may include the following:

‘‘(A) Where appropriate, the development of training

modules and policies that address the overlap of child

abuse, domestic violence, dating violence, sexual assault,

and stalking and elder abuse as well as childhood exposure

to domestic violence.

‘‘(B) The creation, adaptation, and implementation of

public education campaigns for patients concerning

domestic violence, dating violence, sexual assault, and

stalking prevention.

‘‘(C) The development, adaptation, and dissemination

of domestic violence, dating violence, sexual assault, and

stalking education materials to patients and health care

professionals and behavioral and public health staff.

‘‘(D) The promotion of the inclusion of domestic

violence, dating violence, sexual assault, and stalking into

health professional training schools, including medical,

dental, nursing school, social work, and mental health curriculum.

‘‘(E) The integration of domestic violence, dating

violence, sexual assault, and stalking into health care

accreditation and professional licensing examinations, such

as medical, dental, social work, and nursing boards.

‘‘(c) ALLOCATION OF FUNDS.—Funds appropriated under this

section shall be distributed equally between State and local programs.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to award grants under this section, $5,000,000

for each of fiscal years 2007 through 2011.’’.

SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE

HEALTHCARE SETTING.

Subtitle B of the Violence Against Women Act of 1994 (Public

Law 103–322; 108 Stat. 1902 et seq.), as amended by the Violence

Against Women Act of 2000 (114 Stat. 1491 et seq.), and as amended

by this Act, is further amended by adding at the end the following:

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3029

‘‘CHAPTER 11—RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE AGAINST WOMEN

‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE

HEALTH CARE SETTING.

‘‘(a) PURPOSE.—The Secretary, acting through the Director of

the Centers for Disease Control and Prevention and the Director

of the Agency for Healthcare Research and Quality, shall award

grants and contracts to fund research on effective interventions

in the health care setting that prevent domestic violence, dating

violence, and sexual assault across the lifespan and that prevent

the health effects of such violence and improve the safety and

health of individuals who are currently being victimized.

‘‘(b) USE OF FUNDS.—Research conducted with amounts received

under a grant or contract under this section shall include the

following:

‘‘(1) With respect to the authority of the Centers for Disease

Control and Prevention—

‘‘(A) research on the effects of domestic violence, dating

violence, sexual assault, and childhood exposure to

domestic, dating, or sexual violence, on health behaviors,

health conditions, and the health status of individuals,

families, and populations;

‘‘(B) research and testing of best messages and strategies to mobilize public and health care provider action

concerning the prevention of domestic, dating, or sexual

violence; and

‘‘(C) measure the comparative effectiveness and outcomes of efforts under this Act to reduce violence and

increase women’s safety.

‘‘(2) With respect to the authority of the Agency for

Healthcare Research and Quality—

‘‘(A) research on the impact on the health care system,

health care utilization, health care costs, and health status

of domestic violence, dating violence, and childhood exposure to domestic and dating violence, sexual violence and

stalking and childhood exposure; and

‘‘(B) research on effective interventions within primary

care and emergency health care settings and with health

care settings that include clinical partnerships within

community domestic violence providers for adults and children exposed to domestic or dating violence.

‘‘(c) USE OF DATA.—Research funded under this section shall

be utilized by eligible entities under section 399O of the Public

Health Service Act.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $5,000,000 for each

of fiscal years 2007 through 2011.’’.

Grants.

Contracts.

42 USC 13973.

119 STAT. 3030 PUBLIC LAW 109–162—JAN. 5, 2006

TITLE VI—HOUSING OPPORTUNITIES

AND SAFETY FOR BATTERED WOMEN

AND CHILDREN

SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT, AND STALKING.

The Violence Against Women Act of 1994 (42 U.S.C. 13701

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

‘‘Subtitle N—Addressing the Housing

Needs of Victims of Domestic Violence,

Dating Violence, Sexual Assault, and

Stalking

‘‘SEC. 41401. FINDINGS.

‘‘Congress finds that:

‘‘(1) There is a strong link between domestic violence and

homelessness. Among cities surveyed, 44 percent identified

domestic violence as a primary cause of homelessness.

‘‘(2) Ninety-two percent of homeless women have experienced severe physical or sexual abuse at some point in their

lives. Of all homeless women and children, 60 percent had

been abused by age 12, and 63 percent have been victims

of intimate partner violence as adults.

‘‘(3) Women and families across the country are being

discriminated against, denied access to, and even evicted from

public and subsidized housing because of their status as victims

of domestic violence.

‘‘(4) A recent survey of legal service providers around the

country found that these providers have responded to almost

150 documented eviction cases in the last year alone where

the tenant was evicted because of the domestic violence crimes

committed against her. In addition, nearly 100 clients were

denied housing because of their status as victims of domestic

violence.

‘‘(5) Women who leave their abusers frequently lack adequate emergency shelter options. The lack of adequate emergency options for victims presents a serious threat to their

safety and the safety of their children. Requests for emergency

shelter by homeless women with children increased by 78 percent of United States cities surveyed in 2004. In the same

year, 32 percent of the requests for shelter by homeless families

went unmet due to the lack of available emergency shelter

beds.

‘‘(6) The average stay at an emergency shelter is 60 days,

while the average length of time it takes a homeless family

to secure housing is 6 to 10 months.

‘‘(7) Victims of domestic violence often return to abusive

partners because they cannot find long-term housing.

‘‘(8) There are not enough Federal housing rent vouchers

available to accommodate the number of people in need of

42 USC 14043e.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3031

long-term housing. Some people remain on the waiting list

for Federal housing rent vouchers for years, while some lists

are closed.

‘‘(9) Transitional housing resources and services provide

an essential continuum between emergency shelter provision

and independent living. A majority of women in transitional

housing programs stated that had these programs not existed,

they would have likely gone back to abusive partners.

‘‘(10) Because abusers frequently manipulate finances in

an effort to control their partners, victims often lack steady

income, credit history, landlord references, and a current

address, all of which are necessary to obtain long-term permanent housing.

‘‘(11) Victims of domestic violence in rural areas face additional barriers, challenges, and unique circumstances, such as

geographical isolation, poverty, lack of public transportation

systems, shortages of health care providers, under-insurance

or lack of health insurance, difficulty ensuring confidentiality

in small communities, and decreased access to many resources

(such as advanced education, job opportunities, and adequate

childcare).

‘‘(12) Congress and the Secretary of Housing and Urban

Development have recognized in recent years that families

experiencing domestic violence have unique needs that should

be addressed by those administering the Federal housing programs.

‘‘SEC. 41402. PURPOSE.

‘‘The purpose of this subtitle is to reduce domestic violence,

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

homelessness by—

‘‘(1) protecting the safety of victims of domestic violence,

dating violence, sexual assault, and stalking who reside in

homeless shelters, public housing, assisted housing, tribally

designated housing, or other emergency, transitional, permanent, or affordable housing, and ensuring that such victims

have meaningful access to the criminal justice system without

jeopardizing such housing;

‘‘(2) creating long-term housing solutions that develop

communities and provide sustainable living solutions for victims

of domestic violence, dating violence, sexual assault, and

stalking;

‘‘(3) building collaborations among victim service providers,

homeless service providers, housing providers, and housing

agencies to provide appropriate services, interventions, and

training to address the housing needs of victims of domestic

violence, dating violence, sexual assault, and stalking; and

‘‘(4) enabling public and assisted housing agencies, tribally

designated housing entities, private landlords, property

management companies, and other housing providers and agencies to respond appropriately to domestic violence, dating

violence, sexual assault, and stalking, while maintaining a

safe environment for all housing residents.

‘‘SEC. 41403. DEFINITIONS.

‘‘For purposes of this subtitle—

‘‘(1) the term ‘assisted housing’ means housing assisted—

42 USC

14043e–2.

42 USC

14043e–1.

119 STAT. 3032 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(A) under sections 213, 220, 221(d)(3), 221(d)(4),

223(e), 231, or 236 of the National Housing Act (12 U.S.C.

1715l(d)(3), (d)(4), or 1715z–1);

‘‘(B) under section 101 of the Housing and Urban

Development Act of 1965 (12 U.S.C. 1701s);

‘‘(C) under section 202 of the Housing Act of 1959

(12 U.S.C. 1701q);

‘‘(D) under section 811 of the Cranston-Gonzales

National Affordable Housing Act (42 U.S.C. 8013);

‘‘(E) under title II of the Cranston-Gonzales National

Affordable Housing Act (42 U.S.C. 12701 et seq.);

‘‘(F) under subtitle D of title VIII of the CranstonGonzalez National Affordable Housing Act (42 U.S.C. 12901

et seq.);

‘‘(G) under title I of the Housing and Community

Development Act of 1974 (42 U.S.C. 5301 et seq.); or

‘‘(H) under section 8 of the United States Housing

Act of 1937 (42 U.S.C. 1437f);

‘‘(2) the term ‘continuum of care’ means a community plan

developed to organize and deliver housing and services to meet

the specific needs of people who are homeless as they move

to stable housing and achieve maximum self-sufficiency;

‘‘(3) the term ‘low-income housing assistance voucher’

means housing assistance described in section 8 of the United

States Housing Act of 1937 (42 U.S.C. 1437f);

‘‘(4) the term ‘public housing’ means housing described

in section 3(b)(1) of the United States Housing Act of 1937

(42 U.S.C. 1437a(b)(1));

‘‘(5) the term ‘public housing agency’ means an agency

described in section 3(b)(6) of the United States Housing Act

of 1937 (42 U.S.C. 1437a(b)(6));

‘‘(6) the terms ‘homeless’, ‘homeless individual’, and ‘homeless person’—

‘‘(A) mean an individual who lacks a fixed, regular,

and adequate nighttime residence; and

‘‘(B) includes—

‘‘(i) an individual who—

‘‘(I) is sharing the housing of other persons

due to loss of housing, economic hardship, or a

similar reason;

‘‘(II) is living in a motel, hotel, trailer park,

or campground due to the lack of alternative adequate accommodations;

‘‘(III) is living in an emergency or transitional

shelter;

‘‘(IV) is abandoned in a hospital; or

‘‘(V) is awaiting foster care placement;

‘‘(ii) an individual who has a primary nighttime

residence that is a public or private place not designed

for or ordinarily used as a regular sleeping accommodation for human beings; or

‘‘(iii) migratory children (as defined in section 1309

of the Elementary and Secondary Education Act of

1965; 20 U.S.C. 6399) who qualify as homeless under

this section because the children are living in circumstances described in this paragraph;

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3033

‘‘(7) the term ‘homeless service provider’ means a nonprofit,

nongovernmental homeless service provider, such as a homeless

shelter, a homeless service or advocacy program, a tribal

organization serving homeless individuals, or coalition or other

nonprofit, nongovernmental organization carrying out a community-based homeless or housing program that has a documented

history of effective work concerning homelessness;

‘‘(8) the term ‘tribally designated housing’ means housing

assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et

seq.); and

‘‘(9) the term ‘tribally designated housing entity’ means

a housing entity described in the Native American Housing

Assistance and Self-Determination Act of 1996 (25 U.S.C.

4103(21));

‘‘SEC. 41404. COLLABORATIVE GRANTS TO INCREASE THE LONG-TERM

STABILITY OF VICTIMS.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary of Health and Human

Services, acting through the Administration of Children and

Families, in partnership with the Secretary of Housing and

Urban Development, shall award grants, contracts, or cooperative agreements for a period of not less than 2 years to eligible

entities to develop long-term sustainability and self-sufficiency

options for adult and youth victims of domestic violence, dating

violence, sexual assault, and stalking who are currently homeless or at risk for becoming homeless.

‘‘(2) AMOUNT.—The Secretary of Health and Human Services shall award funds in amounts—

‘‘(A) not less than $25,000 per year; and

‘‘(B) not more than $1,000,000 per year.

‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive funds under

this section, an entity shall demonstrate that it is a coalition or

partnership, applying jointly, that—

‘‘(1) shall include a domestic violence victim service provider;

‘‘(2) shall include—

‘‘(A) a homeless service provider;

‘‘(B) a nonprofit, nongovernmental community housing

development organization or a Department of Agriculture

rural housing service program; or

‘‘(C) in the absence of a homeless service provider

on tribal lands or nonprofit, nongovernmental community

housing development organization on tribal lands, a tribally

designated housing entity or tribal housing consortium;

‘‘(3) may include a dating violence, sexual assault, or

stalking victim service provider;

‘‘(4) may include housing developers, housing corporations,

State housing finance agencies, other housing agencies, and

associations representing landlords;

‘‘(5) may include a public housing agency or tribally designated housing entity;

‘‘(6) may include tenant organizations in public or tribally

designated housing, as well as nonprofit, nongovernmental tenant organizations;

Contracts.

42 USC

14043e–3.

119 STAT. 3034 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(7) may include other nonprofit, nongovernmental

organizations participating in the Department of Housing and

Urban Development’s Continuum of Care process;

‘‘(8) may include a State, tribal, territorial, or local government or government agency; and

‘‘(9) may include any other agencies or nonprofit, nongovernmental organizations with the capacity to provide effective help to adult and youth victims of domestic violence, dating

violence, sexual assault, or stalking.

‘‘(c) APPLICATION.—Each eligible entity seeking funds under

this section shall submit an application to the Secretary of Health

and Human Services at such time, in such manner, and containing

such information as the Secretary of Health and Human Services

may require.

‘‘(d) USE OF FUNDS.— ‘‘(1) IN GENERAL.—Funds awarded to eligible entities under

subsection (a) shall be used to design or replicate and implement new activities, services, and programs to increase the

stability and self-sufficiency of, and create partnerships to

develop long-term housing options for adult and youth victims

of domestic violence, dating violence, sexual assault, or stalking,

and their dependents, who are currently homeless or at risk

of becoming homeless.

‘‘(2) ACTIVITIES, SERVICES, PROGRAMS.—Such activities,

services, or programs described in paragraph (1) shall develop

sustainable long-term living solutions in the community by—

‘‘(A) coordinating efforts and resources among the various groups and organizations comprised in the entity to

access existing private and public funding;

‘‘(B) assisting with the placement of individuals and

families in long-term housing; and

‘‘(C) providing services to help individuals or families

find and maintain long-term housing, including financial

assistance and support services;

‘‘(3) may develop partnerships with individuals, organizations, corporations, or other entities that provide capital costs

for the purchase, preconstruction, construction, renovation,

repair, or conversion of affordable housing units;

‘‘(4) may use funds for the administrative expenses related

to the continuing operation, upkeep, maintenance, and use

of housing described in paragraph (3); and

‘‘(5) may provide to the community information about

housing and housing programs, and the process to locate and

obtain long-term housing.

‘‘(e) LIMITATION.—Funds provided under paragraph (a) shall

not be used for construction, modernization or renovation.

‘‘(f) UNDERSERVED POPULATIONS AND PRIORITIES.—In awarding

grants under this section, the Secretary of Health and Human

Services shall—

‘‘(1) give priority to linguistically and culturally specific

services;

‘‘(2) give priority to applications from entities that include

a sexual assault service provider as described in subsection

(b)(3); and

‘‘(3) award a minimum of 15 percent of the funds appropriated under this section in any fiscal year to tribal organizations.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3035

‘‘(g) DEFINITIONS.—For purposes of this section:

‘‘(1) AFFORDABLE HOUSING.—The term ‘affordable housing’

means housing that complies with the conditions set forth

in section 215 of the Cranston-Gonzalez National Affordable

Housing Act (42 U.S.C. 12745).

‘‘(2) LONG-TERM HOUSING.—The term ‘long-term housing’

means housing that is sustainable, accessible, affordable, and

safe for the foreseeable future and is—

‘‘(A) rented or owned by the individual;

‘‘(B) subsidized by a voucher or other program which

is not time-limited and is available for as long as the

individual meets the eligibility requirements for the

voucher or program; or

‘‘(C) provided directly by a program, agency, or

organization and is not time-limited and is available for

as long as the individual meets the eligibility requirements

for the program, agency, or organization.

‘‘(h) EVALUATION, MONITORING, ADMINISTRATION, AND TECHNICAL ASSISTANCE.—For purposes of this section—

‘‘(1) up to 5 percent of the funds appropriated under subsection (i) for each fiscal year may be used by the Secretary

of Health and Human Services for evaluation, monitoring, and

administration costs under this section; and

‘‘(2) up to 8 percent of the funds appropriated under subsection (i) for each fiscal year may be used to provide technical

assistance to grantees under this section.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $10,000,000 for each of fiscal years 2007 through

2011 to carry out the provisions of this section.

‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN

PUBLIC AND ASSISTED HOUSING.

‘‘(a) PURPOSE.—It is the purpose of this section to assist eligible

grantees in responding appropriately to domestic violence, dating

violence, sexual assault, and stalking so that the status of being

a victim of such a crime is not a reason for the denial or loss

of housing. Such assistance shall be accomplished through—

‘‘(1) education and training of eligible entities;

‘‘(2) development and implementation of appropriate

housing policies and practices;

‘‘(3) enhancement of collaboration with victim service providers and tenant organizations; and

‘‘(4) reduction of the number of victims of such crimes

who are evicted or denied housing because of crimes and lease

violations committed or directly caused by the perpetrators

of such crimes.

‘‘(b) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Attorney General, acting through

the Director of the Violence Against Women Office of the

Department of Justice (‘Director’), and in consultation with

the Secretary of Housing and Urban Development (‘Secretary’),

and the Secretary of Health and Human Services, acting

through the Administration for Children, Youth and Families

(‘ACYF’), shall award grants and contracts for not less than

2 years to eligible grantees to promote the full and equal

access to and use of housing by adult and youth victims of

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

Contracts.

42 USC

14043e–4.

119 STAT. 3036 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(2) AMOUNTS.—Not less than 15 percent of the funds

appropriated to carry out this section shall be available for

grants to tribally designated housing entities.

‘‘(3) AWARD BASIS.—The Attorney General shall award

grants and contracts under this section on a competitive basis.

‘‘(4) LIMITATION.—Appropriated funds may only be used

for the purposes described in subsection (f).

‘‘(c) ELIGIBLE GRANTEES.— ‘‘(1) IN GENERAL.—Eligible grantees are—

‘‘(A) public housing agencies;

‘‘(B) principally managed public housing resident

management corporations, as determined by the Secretary;

‘‘(C) public housing projects owned by public housing

agencies;

‘‘(D) tribally designated housing entities; and

‘‘(E) private, for-profit, and nonprofit owners or managers of assisted housing.

‘‘(2) SUBMISSION REQUIRED FOR ALL GRANTEES.—To receive

assistance under this section, an eligible grantee shall certify

that—

‘‘(A) its policies and practices do not prohibit or limit

a resident’s right to summon police or other emergency

assistance in response to domestic violence, dating violence,

sexual assault, or stalking;

‘‘(B) programs and services are developed that give

a preference in admission to adult and youth victims of

such violence, consistent with local housing needs, and

applicable law and the Secretary’s instructions;

‘‘(C) it does not discriminate against any person—

‘‘(i) because that person is or is perceived to be,

or has a family or household member who is or is

perceived to be, a victim of such violence; or

‘‘(ii) because of the actions or threatened actions

of the individual who the victim, as certified in subsection (e), states has committed or threatened to

commit acts of such violence against the victim, or

against the victim’s family or household member;

‘‘(D) plans are developed that establish meaningful consultation and coordination with local victim service providers, tenant organizations, linguistically and culturally

specific service providers, State domestic violence and

sexual assault coalitions, and, where they exist, tribal

domestic violence and sexual assault coalitions; and

‘‘(E) its policies and practices will be in compliance

with those described in this paragraph within the later

of 1 year or a period selected by the Attorney General

in consultation with the Secretary and ACYF.

‘‘(d) APPLICATION.—Each eligible entity seeking a grant under

this section shall submit an application to the Attorney General

at such a time, in such a manner, and containing such information

as the Attorney General may require.

‘‘(e) CERTIFICATION.—

‘‘(1) IN GENERAL.—A public housing agency, tribally designated housing entity, or assisted housing provider receiving

funds under this section may request that an individual

claiming relief under this section certify that the individual

is a victim of domestic violence, dating violence, sexual assault,

Deadline.

Certification.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3037

or stalking. The individual shall provide a copy of such certification to the public housing agency, tribally designated housing

entity, or assisted housing provider within a reasonable period

of time after the agency or authority requests such certification.

‘‘(2) CONTENTS.—An individual may satisfy the certification

requirement of paragraph (1) by—

‘‘(A) providing the public housing agency, tribally designated housing entity, or assisted housing provider with

documentation, signed by an employee, agent, or volunteer

of a victim service provider, an attorney, a member of

the clergy, a medical professional, or any other professional

from whom the victim has sought assistance in addressing

domestic violence, dating violence, sexual assault, or

stalking, or the effects of abuse; or

‘‘(B) producing a Federal, State, tribal, territorial, or

local police or court record.

‘‘(3) LIMITATION.—Nothing in this subsection shall be construed to require any housing agency, assisted housing provider,

tribally designated housing entity, owner, or manager to

demand that an individual produce official documentation or

physical proof of the individual’s status as a victim of domestic

violence, dating violence, sexual assault, or stalking, in order

to receive any of the benefits provided in this section. A housing

agency, assisted housing provider, tribally designated housing

entity, owner, or manager may provide benefits to an individual

based solely on the individual’s statement or other corroborating

evidence.

‘‘(4) CONFIDENTIALITY.—

‘‘(A) IN GENERAL.—All information provided to any

housing agency, assisted housing provider, tribally designated housing entity, owner, or manager pursuant to

paragraph (1), including the fact that an individual is a

victim of domestic violence, dating violence, sexual assault,

or stalking, shall be retained in confidence by such agency,

and shall neither be entered into any shared database,

nor provided to any related housing agency, assisted

housing provider, tribally designated housing entity, owner,

or manager, except to the extent that disclosure is—

‘‘(i) requested or consented to by the individual

in writing; or

‘‘(ii) otherwise required by applicable law.

‘‘(B) NOTIFICATION.—Public housing agencies must provide notice to tenants of their rights under this section,

including their right to confidentiality and the limits

thereof, and to owners and managers of their rights and

obligations under this section.

‘‘(f) USE OF FUNDS.—Grants and contracts awarded pursuant

to subsection (a) shall provide to eligible entities personnel, training,

and technical assistance to develop and implement policies, practices, and procedures, making physical improvements or changes,

and developing or enhancing collaborations for the purposes of—

‘‘(1) enabling victims of domestic violence, dating violence,

sexual assault, and stalking with otherwise disqualifying rental,

credit, or criminal histories to be eligible to obtain housing

or housing assistance, if such victims would otherwise qualify

for housing or housing assistance and can provide documented

Records.

119 STAT. 3038 PUBLIC LAW 109–162—JAN. 5, 2006

evidence that demonstrates the causal connection between such

violence or abuse and the victims’ negative histories;

‘‘(2) permitting applicants for housing or housing assistance

to provide incomplete rental and employment histories, otherwise required as a condition of admission or assistance, if

the victim believes that providing such rental and employment

history would endanger the victim’s or the victim children’s

safety;

‘‘(3) protecting victims’ confidentiality, including protection

of victims’ personally identifying information, address, or rental

history;

‘‘(4) assisting victims who need to leave a public housing,

tribally designated housing, or assisted housing unit quickly

to protect their safety, including those who are seeking transfer

to a new public housing unit, tribally designated housing unit,

or assisted housing unit, whether in the same or a different

neighborhood or jurisdiction;

‘‘(5) enabling the public housing agency, tribally designated

housing entity, or assisted housing provider, or the victim,

to remove, consistent with applicable State law, the perpetrator

of domestic violence, dating violence, sexual assault, or stalking

without evicting, removing, or otherwise penalizing the victim;

‘‘(6) enabling the public housing agency, tribally designated

housing entity, or assisted housing provider, when notified,

to honor court orders addressing rights of access to or control

of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where

a family breaks up;

‘‘(7) developing and implementing more effective security

policies, protocols, and services;

‘‘(8) allotting not more than 15 percent of funds awarded

under the grant to make modest physical improvements to

enhance safety;

‘‘(9) training personnel to more effectively identify and

respond to victims of domestic violence, dating violence, sexual

assault, and stalking; and

‘‘(10) effectively providing notice to applicants and residents

of the above housing policies, practices, and procedures.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $10,000,000 for each of fiscal years 2007 through

2011 to carry out the provisions of this section.

‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of the amount

appropriated under subsection (g) for each fiscal year shall be

used by the Attorney General for technical assistance costs under

this section.’’.

SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS

OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT, OR STALKING.

(a) IN GENERAL.—Section 40299 of the Violence Against Women

Act of 1994 (42 U.S.C. 13975) is amended—

(1) in subsection (a)—

(A) by inserting ‘‘the Department of Housing and

Urban Development, and the Department of Health and

Human Services,’’ after ‘‘Department of Justice,’’;

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3039

(B) by inserting ‘‘, including domestic violence and

sexual assault victim service providers, domestic violence

and sexual assault coalitions, other nonprofit, nongovernmental organizations, or community-based and culturally

specific organizations, that have a documented history of

effective work concerning domestic violence, dating

violence, sexual assault, or stalking’’ after ‘‘other organizations’’; and

(C) in paragraph (1), by inserting ‘‘, dating violence,

sexual assault, or stalking’’ after ‘‘domestic violence’’;

(2) in subsection (b)—

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;

(B) in paragraph (3), as redesignated, by inserting

‘‘, dating violence, sexual assault, or stalking’’ after

‘‘violence’’;

(C) by inserting before paragraph (2), as redesignated,

the following:

‘‘(1) transitional housing, including funding for the operating expenses of newly developed or existing transitional

housing.’’; and

(D) in paragraph (3)(B) as redesignated, by inserting

‘‘Participation in the support services shall be voluntary.

Receipt of the benefits of the housing assistance described

in paragraph (2) shall not be conditioned upon the participation of the youth, adults, or their dependents in any

or all of the support services offered them.’’ after ‘‘assistance.’’;

(3) in paragraph (1) of subsection (c), by striking ‘‘18

months’’ and inserting ‘‘24 months’’;

(4) in subsection (d)(2)—

(A) by striking ‘‘and’’ at the end of subparagraph (A);

(B) by redesignating subparagraph (B) as subparagraph (C); and

(C) by inserting after subparagraph (A) the following:

‘‘(B) provide assurances that any supportive services

offered to participants in programs developed under subsection (b)(3) are voluntary and that refusal to receive

such services shall not be grounds for termination from

the program or eviction from the victim’s housing; and’’;

(5) in subsection (e)(2)—

(A) in subparagraph (A), by inserting ‘‘purpose and’’

before ‘‘amount’’;

(B) in clause (ii) of subparagraph (C), by striking ‘‘and’’;

(C) in subparagraph (D), by striking the period and

inserting ‘‘; and’’; and

(D) by adding at the end the following new subparagraph:

‘‘(E) the client population served and the number of

individuals requesting services that the transitional

housing program is unable to serve as a result of a lack

of resources.’’; and

(6) in subsection (g)—

(A) in paragraph (1), by striking ‘‘$30,000,000’’ and

inserting ‘‘$40,000,000’’;

(B) in paragraph (1), by striking ‘‘2004’’ and inserting

‘‘2007’’;

119 STAT. 3040 PUBLIC LAW 109–162—JAN. 5, 2006

(C) in paragraph (1), by striking ‘‘2008’’ and inserting

‘‘2011’’;

(D) in paragraph (2), by striking ‘‘not more than 3

percent’’ and inserting ‘‘up to 5 percent’’;

(E) in paragraph (2), by inserting ‘‘evaluation, monitoring, technical assistance,’’ before ‘‘salaries’’; and

(F) in paragraph (3), by adding at the end the following

new subparagraphs:

‘‘(C) UNDERSERVED POPULATIONS.— ‘‘(i) A minimum of 7 percent of the total amount

appropriated in any fiscal year shall be allocated to

tribal organizations serving adult and youth victims

of domestic violence, dating violence, sexual assault,

or stalking, and their dependents.

‘‘(ii) Priority shall be given to projects developed

under subsection (b) that primarily serve underserved

populations.’’.

SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING REQUIREMENT.

Section 5A of the United States Housing Act of 1937 (42 U.S.C.

1437c–1) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘paragraph (2)’’ and

inserting ‘‘paragraph (3)’’;

(B) by redesignating paragraph (2) as paragraph (3);

and

(C) by inserting after paragraph (1) the following:

‘‘(2) STATEMENT OF GOALS.—The 5-year plan shall include

a statement by any public housing agency of the goals, objectives, policies, or programs that will enable the housing

authority to serve the needs of child and adult victims of

domestic violence, dating violence, sexual assault, or stalking.’’;

(2) in subsection (d), by redesignating paragraphs (13),

(14), (15), (16), (17), and (18), as paragraphs (14), (15), (16),

(17), (18), and (19), respectively; and

(3) by inserting after paragraph (12) the following:

‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT, OR STALKING PROGRAMS.—A description of—

‘‘(A) any activities, services, or programs provided or

offered by an agency, either directly or in partnership

with other service providers, to child or adult victims of

domestic violence, dating violence, sexual assault, or

stalking;

‘‘(B) any activities, services, or programs provided or

offered by a public housing agency that helps child and

adult victims of domestic violence, dating violence, sexual

assault, or stalking, to obtain or maintain housing; and

‘‘(C) any activities, services, or programs provided or

offered by a public housing agency to prevent domestic

violence, dating violence, sexual assault, and stalking, or

to enhance victim safety in assisted families.’’.

SEC. 604. HOUSING STRATEGIES.

Section 105(b)(1) of the Cranston-Gonzalez National Affordable

Housing Act (42 U.S.C. 12705(b)(1)) is amended by inserting after

‘‘immunodeficiency syndrome,’’ the following: ‘‘victims of domestic

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

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3041

SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

Section 423 of the Stewart B. McKinney Homeless Assistance

Act (42 U.S.C. 11383) is amended—

(1) by adding at the end of subsection (a) the following:

‘‘(8) CONFIDENTIALITY.—

‘‘(A) VICTIM SERVICE PROVIDERS.—In the course of

awarding grants or implementing programs under this subsection, the Secretary shall instruct any victim service provider that is a recipient or subgrantee not to disclose for

purposes of a Homeless Management Information System

personally identifying information about any client. The

Secretary may, after public notice and comment, require

or ask such recipients and subgrantees to disclose for purposes of a Homeless Management Information System nonpersonally identifying data that has been de-identified,

encrypted, or otherwise encoded. Nothing in this section

shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection

than this paragraph for victims of domestic violence, dating

violence, sexual assault, or stalking.

‘‘(B) DEFINITIONS.—

‘‘(i) PERSONALLY IDENTIFYING INFORMATION OR PER- SONAL INFORMATION.—The term ‘personally identifying

information’ or ‘personal information’ means individually identifying information for or about an individual

including information likely to disclose the location

of a victim of domestic violence, dating violence, sexual

assault, or stalking, including—

‘‘(I) a first and last name;

‘‘(II) a home or other physical address;

‘‘(III) contact information (including a postal,

e-mail or Internet protocol address, or telephone

or facsimile number);

‘‘(IV) a social security number; and

‘‘(V) any other information, including date of

birth, racial or ethnic background, or religious

affiliation, that, in combination with any other

non-personally identifying information would serve

to identify any individual.

‘‘(ii) VICTIM SERVICE PROVIDER.—The term ‘victim

service provider’ or ‘victim service providers’ means

a nonprofit, nongovernmental organization including

rape crisis centers, battered women’s shelters, domestic

violence transitional housing programs, and other programs whose primary mission is to provide services

to victims of domestic violence, dating violence, sexual

assault, or stalking.’’.

SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE

VOUCHER PROGRAM.

Section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437f) is amended—

(1) in subsection (c), by adding at the end the following

new paragraph:

‘‘(9)(A) That an applicant or participant is or has been

a victim of domestic violence, dating violence, or stalking is

119 STAT. 3042 PUBLIC LAW 109–162—JAN. 5, 2006

not an appropriate basis for denial of program assistance or

for denial of admission, if the applicant otherwise qualifies

for assistance or admission.

‘‘(B) An incident or incidents of actual or threatened

domestic violence, dating violence, or stalking will not be construed as a serious or repeated violation of the lease by the

victim or threatened victim of that violence and shall not be

good cause for terminating the assistance, tenancy, or occupancy rights of the victim of such violence.

‘‘(C)(i) Criminal activity directly relating to domestic

violence, dating violence, or stalking, engaged in by a member

of a tenant’s household or any guest or other person under

the tenant’s control shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate

member of the tenant’s family is the victim or threatened

victim of that domestic violence, dating violence, or stalking.

‘‘(ii) Notwithstanding clause (i), an owner or manager may

bifurcate a lease under this section, in order to evict, remove,

or terminate assistance to any individual who is a tenant

or lawful occupant and who engages in criminal acts of physical

violence against family members or others, without evicting,

removing, terminating assistance to, or otherwise penalizing

the victim of such violence who is also a tenant or lawful

occupant.

‘‘(iii) Nothing in clause (i) may be construed to limit the

authority of a public housing agency, owner, or manager, when

notified, to honor court orders addressing rights of access to

or control of the property, including civil protection orders

issued to protect the victim and issued to address the distribution or possession of property among the household members

in cases where a family breaks up.

‘‘(iv) Nothing in clause (i) limits any otherwise available

authority of an owner or manager to evict or the public housing

agency to terminate assistance to a tenant for any violation

of a lease not premised on the act or acts of violence in question

against the tenant or a member of the tenant’s household,

provided that the owner or manager does not subject an individual who is or has been a victim of domestic violence, dating

violence, or stalking to a more demanding standard than other

tenants in determining whether to evict or terminate.

‘‘(v) Nothing in clause (i) may be construed to limit the

authority of an owner, manager, or public housing agency to

evict or terminate from assistance any tenant or lawful occupant if the owner, manager or public housing agency can demonstrate an actual and imminent threat to other tenants or

those employed at or providing service to the property if that

tenant is not evicted or terminated from assistance.

‘‘(vi) Nothing in this section shall be construed to supersede

any provision of any Federal, State, or local law that provides

greater protection than this section for victims of domestic

violence, dating violence, or stalking.’’;

(2) in subsection (d)—

(A) in paragraph (1)(A), by inserting after ‘‘public

housing agency’’ the following: ‘‘and that an applicant or

participant is or has been a victim of domestic violence,

dating violence, or stalking is not an appropriate basis

for denial of program assistance or for denial of admission

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3043

if the applicant otherwise qualifies for assistance or admission’’;

(B) in paragraph (1)(B)(ii), by inserting after ‘‘other

good cause’’ the following: ‘‘, and that an incident or

incidents of actual or threatened domestic violence, dating

violence, or stalking will not be construed as a serious

or repeated violation of the lease by the victim or threatened victim of that violence and will not be good cause

for terminating the tenancy or occupancy rights of the

victim of such violence’’; and

(C) in paragraph (1)(B)(iii), by inserting after ‘‘termination of tenancy’’ the following: ‘‘, except that: (I) criminal

activity directly relating to domestic violence, dating

violence, or stalking, engaged in by a member of a tenant’s

household or any guest or other person under the tenant’s

control, shall not be cause for termination of the tenancy

or occupancy rights or program assistance, if the tenant

or immediate member of the tenant’s family is a victim

of that domestic violence, dating violence, or stalking; (II)

notwithstanding subclause (I), a public housing agency may

terminate assistance to any individual who is a tenant

or lawful occupant and who engages in criminal acts of

physical violence against family members or others, or

an owner or manager under this section may bifurcate

a lease, in order to evict, remove, or terminate assistance

to any individual who is a tenant or lawful occupant and

who engages in criminal acts of physical violence against

family members or others, without evicting, removing,

terminating assistance to, or otherwise penalizing the

victim of such violence who is also a tenant or lawful

occupant; (III) nothing in subclause (I) may be construed

to limit the authority of a public housing agency, owner,

or manager, when notified, to honor court orders addressing

rights of access to or control of the property, including

civil protection orders issued to protect the victim and

issued to address the distribution or possession of property

among the household members in cases where a family

breaks up; (IV) nothing in subclause (I) limits any otherwise available authority of an owner or manager to evict

or the public housing agency to terminate assistance to

a tenant for any violation of a lease not premised on

the act or acts of violence in question against the tenant

or a member of the tenant’s household, provided that the

owner, manager, or public housing agency does not subject

an individual who is or has been a victim of domestic

violence, dating violence, or stalking to a more demanding

standard than other tenants in determining whether to

evict or terminate; (V) nothing in subclause (I) may be

construed to limit the authority of an owner or manager

to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public

housing agency can demonstrate an actual and imminent

threat to other tenants or those employed at or providing

service to the property if that tenant is not evicted or

terminated from assistance; and (VI) nothing in this section

shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection

119 STAT. 3044 PUBLIC LAW 109–162—JAN. 5, 2006

than this section for victims of domestic violence, dating

violence, or stalking.’’;

(3) in subsection (f)—

(A) in paragraph (6), by striking ‘‘and’’;

(B) in paragraph (7), by striking the period at the

end and inserting a semicolon; and

(C) by adding at the end the following new paragraphs:

‘‘(8) the term ‘domestic violence’ has the same meaning

given the term in section 40002 of the Violence Against Women

Act of 1994;

‘‘(9) the term ‘dating violence’ has the same meaning given

the term in section 40002 of the Violence Against Women

Act of 1994; and

‘‘(10) the term ‘stalking’ means—

‘‘(A)(i) to follow, pursue, or repeatedly commit acts

with the intent to kill, injure, harass, or intimidate another

person; and

‘‘(ii) to place under surveillance with the intent to

kill, injure, harass, or intimidate another person; and

‘‘(B) in the course of, or as a result of, such following,

pursuit, surveillance, or repeatedly committed acts, to place

a person in reasonable fear of the death of, or serious

bodily injury to, or to cause substantial emotional harm

to—

‘‘(i) that person;

‘‘(ii) a member of the immediate family of that

person; or

‘‘(iii) the spouse or intimate partner of that person;

and

‘‘(11) the term ‘immediate family member’ means, with

respect to a person—

‘‘(A) a spouse, parent, brother or sister, or child of

that person, or an individual to whom that person stands

in loco parentis; or

‘‘(B) any other person living in the household of that

person and related to that person by blood and marriage.’’;

(4) in subsection (o)—

(A) by inserting at the end of paragraph (6)(B) the

following new sentence: ‘‘That an applicant or participant

is or has been a victim of domestic violence, dating violence,

or stalking is not an appropriate basis for denial of program

assistance by or for denial of admission if the applicant

otherwise qualifies for assistance for admission, and that

nothing in this section shall be construed to supersede

any provision of any Federal, State, or local law that provides greater protection than this section for victims of

domestic violence, dating violence, or stalking.’’;

(B) in paragraph (7)(C), by inserting after ‘‘other good

cause’’ the following: ‘‘, and that an incident or incidents

of actual or threatened domestic violence, dating violence,

or stalking shall not be construed as a serious or repeated

violation of the lease by the victim or threatened victim

of that violence and shall not be good cause for terminating

the tenancy or occupancy rights of the victim of such

violence’’;

(C) in paragraph (7)(D), by inserting after ‘‘termination

of tenancy’’ the following: ‘‘; except that (i) criminal activity

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3045

directly relating to domestic violence, dating violence, or

stalking, engaged in by a member of a tenant’s household

or any guest or other person under the tenant’s control

shall not be cause for termination of the tenancy or occupancy rights, if the tenant or immediate member of the

tenant’s family is a victim of that domestic violence, dating

violence, or stalking; (ii) notwithstanding clause (i), a public

housing agency may terminate assistance to any individual

who is a tenant or lawful occupant and who engages in

criminal acts of physical violence against family members

or others, or an owner or manager may bifurcate a lease

under this section, in order to evict, remove, or terminate

assistance to any individual who is a tenant or lawful

occupant and who engages in criminal acts of physical

violence against family members or others, without

evicting, removing, terminating assistance to, or otherwise

penalizing the victim of such violence who is also a tenant

or lawful occupant; (iii) nothing in clause (i) may be construed to limit the authority of a public housing agency,

owner, or manager, when notified, to honor court orders

addressing rights of access to control of the property,

including civil protection orders issued to protect the victim

and issued to address the distribution or possession of

property among the household members in cases where

a family breaks up; (iv) nothing in clause (i) limits any

otherwise available authority of an owner or manager to

evict or the public housing agency to terminate assistance

to a tenant for any violation of a lease not premised on

the act or acts of violence in question against the tenant

or a member of the tenant’s household, provided that the

owner, manager, or public housing agency does not subject

an individual who is or has been a victim of domestic

violence, dating violence, or stalking to a more demanding

standard than other tenants in determining whether to

evict or terminate; (v) nothing in clause (i) may be construed to limit the authority of an owner or manager to

evict, or the public housing agency to terminate, assistance

to any tenant if the owner, manager, or public housing

agency can demonstrate an actual and imminent threat

to other tenants or those employed at or providing service

to the property if that tenant is not evicted or terminated

from assistance; and (vi) nothing in this section shall be

construed to supersede any provision of any Federal, State,

or local law that provides greater protection than this

section for victims of domestic violence, dating violence,

or stalking.’’; and

(D) by adding at the end the following new paragraph:

‘‘(20) PROHIBITED BASIS FOR TERMINATION OF ASSISTANCE.—

‘‘(A) IN GENERAL.—A public housing agency may not terminate assistance to a participant in the voucher program on

the basis of an incident or incidents of actual or threatened

domestic violence, dating violence, or stalking against that

participant.

‘‘(B) CONSTRUAL OF LEASE PROVISIONS.—Criminal activity

directly relating to domestic violence, dating violence, or

stalking shall not be considered a serious or repeated violation

of the lease by the victim or threatened victim of that criminal

119 STAT. 3046 PUBLIC LAW 109–162—JAN. 5, 2006

activity justifying termination of assistance to the victim or

threatened victim.

‘‘(C) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY.—

Criminal activity directly relating to domestic violence, dating

violence, or stalking shall not be considered cause for termination of assistance for any participant or immediate member

of a participant’s family who is a victim of the domestic violence,

dating violence, or stalking.

‘‘(D) EXCEPTIONS.— ‘‘(i) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE

FOR CRIMINAL ACTS.—Nothing in subparagraph (A), (B),

or (C) may be construed to limit the authority of the

public housing agency to terminate voucher assistance to

individuals who engage in criminal acts of physical violence

against family members or others.

‘‘(ii) COMPLIANCE WITH COURT ORDERS.—Nothing in

subparagraph (A), (B), or (C) may be construed to limit

the authority of a public housing agency, when notified,

to honor court orders addressing rights of access to or

control of the property, including civil protection orders

issued to protect the victim and issued to address the

distribution possession of property among the household

members in cases where a family breaks up.

‘‘(iii) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE

VOUCHER ASSISTANCE FOR LEASE VIOLATIONS.—Nothing in

subparagraph (A), (B), or (C) limit any otherwise available

authority of the public housing agency to terminate voucher

assistance to a tenant for any violation of a lease not

premised on the act or acts of violence in question against

the tenant or a member of the tenant’s household, provided

that the public housing agency does not subject an individual who is or has been a victim of domestic violence,

dating violence, or stalking to a more demanding standard

than other tenants in determining whether to terminate.

‘‘(iv) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE

VOUCHER ASSISTANCE FOR IMMINENT THREAT.—Nothing in

subparagraph (A), (B), or (C) may be construed to limit

the authority of the public housing agency to terminate

voucher assistance to a tenant if the public housing agency

can demonstrate an actual and imminent threat to other

tenants or those employed at or providing service to the

property or public housing agency if that tenant is not

evicted or terminated from assistance.

‘‘(v) PREEMPTION.—Nothing in this section shall be construed to supersede any provision of any Federal, State,

or local law that provides greater protection than this

section for victims of domestic violence, dating violence,

or stalking.’’;

(5) in subsection (r)(5), by inserting after ‘‘violation of a

lease’’ the following: ‘‘, except that a family may receive a

voucher from a public housing agency and move to another

jurisdiction under the tenant-based assistance program if the

family has complied with all other obligations of the section

8 program and has moved out of the assisted dwelling unit

in order to protect the health or safety of an individual who

is or has been the victim of domestic violence, dating violence,

or stalking and who reasonably believed he or she was

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3047

imminently threatened by harm from further violence if he

or she remained in the assisted dwelling unit’’; and

(6) by adding at the end the following new subsection:

‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.—

‘‘(1) CERTIFICATION.—

‘‘(A) IN GENERAL.—An owner, manager, or public

housing agency responding to subsections (c)(9),

(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and

(r)(5) may request that an individual certify via a HUD

approved certification form that the individual is a victim

of domestic violence, dating violence, or stalking, and that

the incident or incidents in question are bona fide incidents

of such actual or threatened abuse and meet the requirements set forth in the aforementioned paragraphs. Such

certification shall include the name of the perpetrator. The

individual shall provide such certification within 14 business days after the owner, manager, or public housing

agency requests such certification.

‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If the individual does not provide the certification within 14 business

days after the owner, manager, public housing agency,

or assisted housing provider has requested such certification in writing, nothing in this subsection or in subsection

(c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20),

or (r)(5) may be construed to limit the authority of an

owner or manager to evict, or the public housing agency

or assisted housing provider to terminate voucher assistance for, any tenant or lawful occupant that commits violations of a lease. The owner, manager, public housing

agency, or assisted housing provider may extend the 14-

day deadline at their discretion.

‘‘(C) CONTENTS.—An individual may satisfy the certification requirement of subparagraph (A) by—

‘‘(i) providing the requesting owner, manager, or

public housing agency with documentation signed by

an employee, agent, or volunteer of a victim service

provider, an attorney, or a medical professional, from

whom the victim has sought assistance in addressing

domestic violence, dating violence, sexual assault, or

stalking, or the effects of the abuse, in which the

professional attests under penalty of perjury (28 U.S.C.

1746) to the professional’s belief that the incident or

incidents in question are bona fide incidents of abuse,

and the victim of domestic violence, dating violence,

or stalking has signed or attested to the documentation; or

‘‘(ii) producing a Federal, State, tribal, territorial,

or local police or court record.

‘‘(D) LIMITATION.—Nothing in this subsection shall be

construed to require an owner, manager, or public housing

agency to demand that an individual produce official documentation or physical proof of the individual’s status as

a victim of domestic violence, dating violence, sexual

assault, or stalking in order to receive any of the benefits

provided in this section. At their discretion, the owner,

manager, or public housing agency may provide benefits

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119 STAT. 3048 PUBLIC LAW 109–162—JAN. 5, 2006

to an individual based solely on the individual’s statement

or other corroborating evidence.

‘‘(E) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF UNREASONABLE ACT.—Compliance with this

statute by an owner, manager, public housing agency, or

assisted housing provider based on the certification specified in paragraphs (1)(A) and (B) of this subsection or

based solely on the victim’s statement or other corroborating evidence, as permitted by paragraph (1)(C) of this

subsection, shall not alone be sufficient to constitute evidence of an unreasonable act or omission by an owner,

manger, public housing agency, or assisted housing provider, or employee thereof. Nothing in this subparagraph

shall be construed to limit liability for failure to comply

with the requirements of subsection (c)(9), (d)(1)(B)(ii),

(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), or (r)(5).

‘‘(F) PREEMPTION.—Nothing in this section shall be

construed to supersede any provision of any Federal, State,

or local law that provides greater protection than this

section for victims of domestic violence, dating violence,

or stalking.

‘‘(2) CONFIDENTIALITY.—

‘‘(A) IN GENERAL.—All information provided to an

owner, manager, or public housing agency pursuant to

paragraph (1), including the fact that an individual is a

victim of domestic violence, dating violence, or stalking,

shall be retained in confidence by an owner, manager,

or public housing agency, and shall neither be entered

into any shared database nor provided to any related entity,

except to the extent that disclosure is—

‘‘(i) requested or consented to by the individual

in writing;

‘‘(ii) required for use in an eviction proceeding

under subsection (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii),

(o)(7)(C), (o)(7)(D), or (o)(20),; or

‘‘(iii) otherwise required by applicable law.

‘‘(B) NOTIFICATION.—Public housing agencies must provide notice to tenants assisted under Section 8 of the United

States Housing Act of 1937 of their rights under this subsection and subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii),

(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5), including their right

to confidentiality and the limits thereof, and to owners

and managers of their rights and obligations under this

subsection and subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii),

(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5).’’.

SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM.

Section 6 of the United States Housing Act of 1937 (42 U.S.C.

1437d) is amended—

(1) in subsection (c), by redesignating paragraph (3) and

(4), as paragraphs (4) and (5), respectively;

(2) by inserting after paragraph (2) the following:

‘‘(3) the public housing agency shall not deny admission

to the project to any applicant on the basis that the applicant

is or has been a victim of domestic violence, dating violence,

or stalking if the applicant otherwise qualifies for assistance

or admission, and that nothing in this section shall be construed

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3049

to supersede any provision of any Federal, State, or local law

that provides greater protection than this section for victims

of domestic violence, dating violence, or stalking’’;

(3) in subsection (l)(5), by inserting after ‘‘other good cause’’

the following: ‘‘, and that an incident or incidents of actual

or threatened domestic violence, dating violence, or stalking

will not be construed as a serious or repeated violation of

the lease by the victim or threatened victim of that violence

and will not be good cause for terminating the tenancy or

occupancy rights of the victim of such violence’’;

(4) in subsection (l)(6), by inserting after ‘‘termination of

tenancy’’ the following: ‘‘; except that: (A) criminal activity

directly relating to domestic violence, dating violence, or

stalking, engaged in by a member of a tenant’s household

or any guest or other person under the tenant’s control, shall

not be cause for termination of the tenancy or occupancy rights,

if the tenant or immediate member of the tenant’s family is

a victim of that domestic violence, dating violence, or stalking;

(B) notwithstanding subparagraph (A), a public housing agency

under this section may bifurcate a lease under this section,

in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant and who engages

in criminal acts of physical violence against family members

or others, without evicting, removing, terminating assistance

to, or otherwise penalizing the victim of such violence who

is also a tenant or lawful occupant; (C) nothing in subparagraph

(A) may be construed to limit the authority of a public housing

agency, when notified, to honor court orders addressing rights

of access to or control of the property, including civil protection

orders issued to protect the victim and issued to address the

distribution or possession of property among the household

members in cases where a family breaks up; (D) nothing in

subparagraph (A) limits any otherwise available authority of

a public housing agency to evict a tenant for any violation

of a lease not premised on the act or acts of violence in question

against the tenant or a member of the tenant’s household,

provided that the public housing agency does not subject an

individual who is or has been a victim of domestic violence,

dating violence, or stalking to a more demanding standard

than other tenants in determining whether to evict or terminate; (E) nothing in subparagraph (A) may be construed to

limit the authority of a public housing agency to terminate

the tenancy of any tenant if the public housing agency can

demonstrate an actual and imminent threat to other tenants

or those employed at or providing service to the property if

that tenant’s tenancy is not terminated; and (F) nothing in

this section shall be construed to supersede any provision of

any Federal, State, or local law that provides greater protection

than this section for victims of domestic violence, dating

violence, or stalking.’’; and

(5) by inserting at the end of subsection (t) the following

new subsection:

‘‘(u) CERTIFICATION AND CONFIDENTIALITY.—

‘‘(1) CERTIFICATION.—

‘‘(A) IN GENERAL.—A public housing agency responding

to subsection (l)(5) and (6) may request that an individual

certify via a HUD approved certification form that the

119 STAT. 3050 PUBLIC LAW 109–162—JAN. 5, 2006

individual is a victim of domestic violence, dating violence,

or stalking, and that the incident or incidents in question

are bona fide incidents of such actual or threatened abuse

and meet the requirements set forth in the aforementioned

paragraphs. Such certification shall include the name of

the perpetrator. The individual shall provide such certification within 14 business days after the public housing

agency requests such certification.

‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If the individual does not provide the certification within 14 business

days after the public housing agency has requested such

certification in writing, nothing in this subsection, or in

paragraph (5) or (6) of subsection (l), may be construed

to limit the authority of the public housing agency to evict

any tenant or lawful occupant that commits violations of

a lease. The public housing agency may extend the 14-

day deadline at its discretion.

‘‘(C) CONTENTS.—An individual may satisfy the certification requirement of subparagraph (A) by—

‘‘(i) providing the requesting public housing agency

with documentation signed by an employee, agent, or

volunteer of a victim service provider, an attorney,

or a medical professional, from whom the victim has

sought assistance in addressing domestic violence,

dating violence, or stalking, or the effects of the abuse,

in which the professional attests under penalty of perjury (28 U.S.C. 1746) to the professional’s belief that

the incident or incidents in question are bona fide

incidents of abuse, and the victim of domestic violence,

dating violence, or stalking has signed or attested to

the documentation; or

‘‘(ii) producing a Federal, State, tribal, territorial,

or local police or court record.

‘‘(D) LIMITATION.—Nothing in this subsection shall be

construed to require any public housing agency to demand

that an individual produce official documentation or physical proof of the individual’s status as a victim of domestic

violence, dating violence, or stalking in order to receive

any of the benefits provided in this section. At the public

housing agency’s discretion, a public housing agency may

provide benefits to an individual based solely on the

individual’s statement or other corroborating evidence.

‘‘(E) PREEMPTION.—Nothing in this section shall be

construed to supersede any provision of any Federal, State,

or local law that provides greater protection than this

section for victims of domestic violence, dating violence,

or stalking.

‘‘(F) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF UNREASONABLE ACT.—Compliance with this

statute by a public housing agency, or assisted housing

provider based on the certification specified in subparagraphs (A) and (B) of this subsection or based solely on

the victim’s statement or other corroborating evidence, as

permitted by subparagraph (D) of this subsection, shall

not alone be sufficient to constitute evidence of an

unreasonable act or omission by a public housing agency

or employee thereof. Nothing in this subparagraph shall

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PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3051

be construed to limit liability for failure to comply with

the requirements of subsection (l)(5) and (6).

‘‘(2) CONFIDENTIALITY.—

‘‘(A) IN GENERAL.—All information provided to any

public housing agency pursuant to paragraph (1), including

the fact that an individual is a victim of domestic violence,

dating violence, or stalking, shall be retained in confidence

by such public housing agency, and shall neither be entered

into any shared database nor provided to any related entity,

except to the extent that disclosure is—

‘‘(i) requested or consented to by the individual

in writing;

‘‘(ii) required for use in an eviction proceeding

under subsection (l)(5) or (6); or

‘‘(iii) otherwise required by applicable law.

‘‘(B) NOTIFICATION.—Public housing agencies must provide notice to tenants assisted under section 6 of the United

States Housing Act of 1937 of their rights under this subsection and subsection (l)(5) and (6), including their right

to confidentiality and the limits thereof.

‘‘(3) DEFINITIONS.—For purposes of this subsection, subsection (c)(3), and subsection (l)(5) and (6)—

‘‘(A) the term ‘domestic violence’ has the same meaning

given the term in section 40002 of the Violence Against

Women Act of 1994;

‘‘(B) the term ‘dating violence’ has the same meaning

given the term in section 40002 of the Violence Against

Women Act of 1994;

‘‘(C) the term ‘stalking’ means—

‘‘(i)(I) to follow, pursue, or repeatedly commit acts

with the intent to kill, injure, harass, or intimidate;

or

‘‘(II) to place under surveillance with the intent

to kill, injure, harass, or intimidate another person;

and

‘‘(ii) in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed

acts, to place a person in reasonable fear of the death

of, or serious bodily injury to, or to cause substantial

emotional harm to—

‘‘(I) that person;

‘‘(II) a member of the immediate family of

that person; or

‘‘(III) the spouse or intimate partner of that

person; and

‘‘(D) the term ‘immediate family member’ means, with

respect to a person—

‘‘(i) a spouse, parent, brother or sister, or child

of that person, or an individual to whom that person

stands in loco parentis; or

‘‘(ii) any other person living in the household of

that person and related to that person by blood and

marriage.’’.

119 STAT. 3052 PUBLIC LAW 109–162—JAN. 5, 2006

TITLE VII—PROVIDING ECONOMIC

SECURITY FOR VICTIMS OF VIOLENCE

SEC. 701. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE

RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND

SEXUAL VIOLENCE.

Subtitle N of the Violence Against Women Act of 1994 (Public

Law 103–322; 108 Stat. 1902) is amended by adding at the end

the following:

‘‘Subtitle O—National Resource Center

‘‘SEC. 41501. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC

AND SEXUAL VIOLENCE.

‘‘(a) AUTHORITY.—The Attorney General, acting through the

Director of the Office on Violence Against Women, may award

a grant to an eligible nonprofit nongovernmental entity or tribal

organization, in order to provide for the establishment and operation

of a national resource center on workplace responses to assist

victims of domestic and sexual violence. The resource center shall

provide information and assistance to employers and labor organizations to aid in their efforts to develop and implement responses

to such violence.

‘‘(b) APPLICATIONS.—To be eligible to receive a grant under

this section, an entity or organization shall submit an application

to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require,

including—

‘‘(1) information that demonstrates that the entity or

organization has nationally recognized expertise in the area

of domestic or sexual violence;

‘‘(2) a plan to maximize, to the extent practicable, outreach

to employers (including private companies and public entities

such as public institutions of higher education and State and

local governments) and labor organizations described in subsection (a) concerning developing and implementing workplace

responses to assist victims of domestic or sexual violence; and

‘‘(3) a plan for developing materials and training for materials for employers that address the needs of employees in

cases of domestic violence, dating violence, sexual assault, and

stalking impacting the workplace, including the needs of underserved communities.

‘‘(c) USE OF GRANT AMOUNT.—

‘‘(1) IN GENERAL.—An entity or organization that receives

a grant under this section may use the funds made available

through the grant for staff salaries, travel expenses, equipment,

printing, and other reasonable expenses necessary to develop,

maintain, and disseminate to employers and labor organizations

described in subsection (a), information and assistance concerning workplace responses to assist victims of domestic or

sexual violence.

‘‘(2) RESPONSES.—Responses referred to in paragraph (1)

may include—

42 USC 14043f.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3053

‘‘(A) providing training to promote a better understanding of workplace assistance to victims of domestic

or sexual violence;

‘‘(B) providing conferences and other educational

opportunities; and

‘‘(C) developing protocols and model workplace policies.

‘‘(d) LIABILITY.—The compliance or noncompliance of any

employer or labor organization with any protocol or policy developed

by an entity or organization under this section shall not serve

as a basis for liability in tort, express or implied contract, or

by any other means. No protocol or policy developed by an entity

or organization under this section shall be referenced or enforced

as a workplace safety standard by any Federal, State, or other

governmental agency.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $1,000,000 for each

of fiscal years 2007 through 2011.

‘‘(f) AVAILABILITY OF GRANT FUNDS.—Funds appropriated under

this section shall remain available until expended.’’.

TITLE VIII—PROTECTION OF BATTERED

AND TRAFFICKED IMMIGRANTS

Subtitle A—Victims of Crime

SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS.

(a) TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS OF TRAFFICKING.—Section 101(a)(15)(T) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(15)(T)) is amended—

(1) in clause (i)—

(A) in the matter preceding subclause (I), by striking

‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland

Security, or in the case of subclause (III)(aa) the Secretary

of Homeland Security and the Attorney General jointly;’’;

(B) in subclause (III)(aa)—

(i) by inserting ‘‘Federal, State, or local’’ before

‘‘investigation’’; and

(ii) by striking ‘‘, or’’ and inserting ‘‘or the investigation of crime where acts of trafficking are at least

one central reason for the commission of that crime;

or’’; and

(C) in subclause (IV), by striking ‘‘and’’ at the end;

(2) by amending clause (ii) to read as follows:

‘‘(ii) if accompanying, or following to join, the alien

described in clause (i)—

‘‘(I) in the case of an alien described in clause (i)

who is under 21 years of age, the spouse, children,

unmarried siblings under 18 years of age on the date

on which such alien applied for status under such clause,

and parents of such alien; or

‘‘(II) in the case of an alien described in clause (i)

who is 21 years of age or older, the spouse and children

of such alien; and’’; and

(3) by inserting after clause (ii) the following:

119 STAT. 3054 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(iii) if the Secretary of Homeland Security, in his or her

discretion and with the consultation of the Attorney General,

determines that a trafficking victim, due to psychological or

physical trauma, is unable to cooperate with a request for

assistance described in clause (i)(III)(aa), the request is

unreasonable.’’.

(b) TREATMENT OF SPOUSES AND CHILDREN OF VICTIMS OF

ABUSE.—Section 101(a)(15)(U) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(15)(U)) is amended—

(1) in clause (i), by striking ‘‘Attorney General’’ and

inserting ‘‘Secretary of Homeland Security’’; and

(2) by amending clause (ii) to read as follows:

‘‘(ii) if accompanying, or following to join, the alien

described in clause (i)—

‘‘(I) in the case of an alien described in clause (i)

who is under 21 years of age, the spouse, children,

unmarried siblings under 18 years of age on the date

on which such alien applied for status under such clause,

and parents of such alien; or

‘‘(II) in the case of an alien described in clause (i)

who is 21 years of age or older, the spouse and children

of such alien; and’’.

(c) TECHNICAL AMENDMENTS.—Section 101(i) of the Immigration

and Nationality Act (8 U.S.C. 1101(i)) is amended—

(1) in paragraph (1), by striking ‘‘Attorney General’’ and

inserting ‘‘Secretary of Homeland Security, the Attorney General,’’; and

(2) in paragraph (2), by striking ‘‘Attorney General’’ and

inserting ‘‘Secretary of Homeland Security’’.

SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING

IN PERSONS.

(a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the Immigration

and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by

adding at the end the following:

‘‘(V) VICTIMS OF A SEVERE FORM OF TRAFFICKING IN

PERSONS.—Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term

is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at least one central

reason for the alien’s unlawful presence in the United

States.’’.

(b) TECHNICAL AMENDMENT.—Paragraphs (13) and (14) of section 212(d) of the Immigration and Nationality Act (8 U.S.C.

1182(d)) are amended by striking ‘‘Attorney General’’ each place

it appears and inserting ‘‘Secretary of Homeland Security’’.

SEC. 803. ADJUSTMENT OF STATUS.

(a) VICTIMS OF TRAFFICKING.—Section 245(l) of the Immigration

and Nationality Act (8 U.S.C. 1255(l)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘Attorney General’’ each place it

appears and inserting ‘‘Secretary of Homeland Security,

or in the case of subparagraph (C)(i), the Attorney General,’’; and

(B) in subparagraph (A), by inserting at the end ‘‘or

has been physically present in the United States for a

continuous period during the investigation or prosecution

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3055

of acts of trafficking and that, in the opinion of the Attorney

General, the investigation or prosecution is complete,

whichever period of time is less;’’;

(2) in paragraph (2), by striking ‘‘Attorney General’’ each

place it appears and inserting ‘‘Secretary of Homeland Security’’; and

(3) in paragraph (5), by striking ‘‘Attorney General’’ and

inserting ‘‘Secretary of Homeland Security’’.

(b) VICTIMS OF CRIMES AGAINST WOMEN.—Section 245(m) of

the Immigration and Nationality Act (8 U.S.C. 12255(m)) is

amended—

(1) in paragraph (1)—

(A) by striking ‘‘Attorney General may adjust’’ and

inserting ‘‘Secretary of Homeland Security may adjust’’;

and

(B) in subparagraph (B), by striking ‘‘Attorney General’’

and inserting ‘‘Secretary of Homeland Security’’;

(2) in paragraph (3)—

(A) by striking ‘‘Attorney General may adjust’’ and

inserting ‘‘Secretary of Homeland Security may adjust’’;

and

(B) by striking ‘‘Attorney General considers’’ and

inserting ‘‘Secretary considers’’; and

(3) in paragraph (4), by striking ‘‘Attorney General’’ and

inserting ‘‘Secretary of Homeland Security’’.

SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

(a) CLARIFICATION OF DEPARTMENT OF JUSTICE AND DEPARTMENT OF HOMELAND SECURITY ROLES.—Section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended—

(1) in subsections (b)(1)(E), (e)(5), and (g), by striking

‘‘Attorney General’’ each place it appears and inserting ‘‘Secretary of Homeland Security’’; and

(2) in subsection (c), by inserting ‘‘, the Secretary of Homeland Security’’ after ‘‘Attorney General’’.

(b) CERTIFICATION PROCESS.—Section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E))

is amended—

(1) in clause (i)—

(A) in the matter preceding subclause (I), by inserting

‘‘and the Secretary of Homeland Security’’ after ‘‘Attorney

General’’; and

(B) in subclause (II)(bb), by inserting ‘‘and the Secretary of Homeland Security’’ after ‘‘Attorney General’’.

(2) in clause (ii), by inserting ‘‘Secretary of Homeland Security’’ after ‘‘Attorney General’’;

(3) in clause (iii)—

(A) in subclause (II), by striking ‘‘and’’ at the end;

(B) in subclause (III), by striking the period at the

end and inserting ‘‘; or’’; and

(C) by adding at the end the following:

‘‘(IV) responding to and cooperating with

requests for evidence and information.’’.

(c) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS.—

Section 107(e) of the Trafficking Victims Protection Act of 2000

119 STAT. 3056 PUBLIC LAW 109–162—JAN. 5, 2006

(22 U.S.C. 7105(e)) is amended by striking ‘‘Attorney General’’ each

place it occurs and inserting ‘‘Secretary of Homeland Security’’.

(d) ANNUAL REPORT.—Section 107(g) of the Trafficking Victims

Protection Act of 2000 (22 U.S.C. 7105(g)) is amended by inserting

‘‘or the Secretary of Homeland Security’’ after ‘‘Attorney General’’.

SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.

(a) AGING OUT CHILDREN.—Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended—

(1) in clause (i)—

(A) in subclause (I), by inserting ‘‘or section

204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ each place it appears;

and

(B) in subclause (III), by striking ‘‘a petitioner for

preference status under paragraph (1), (2), or (3) of section

203(a), whichever paragraph is applicable,’’ and inserting

‘‘a VAWA self-petitioner’’; and

(2) by adding at the end the following:

‘‘(iv) Any alien who benefits from this subparagraph may adjust

status in accordance with subsections (a) and (c) of section 245

as an alien having an approved petition for classification under

subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).’’.

(b) APPLICATION OF CSPA PROTECTIONS.—

(1) IMMEDIATE RELATIVE RULES.—Section 201(f) of the

Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended

by adding at the end the following:

‘‘(4) APPLICATION TO SELF-PETITIONS.—Paragraphs (1)

through (3) shall apply to self-petitioners and derivatives of

self-petitioners.’’.

(2) CHILDREN RULES.—Section 203(h) of the Immigration

and Nationality Act (8 U.S.C. 1153(h)) is amended by adding

at the end the following:

‘‘(4) APPLICATION TO SELF-PETITIONS.—Paragraphs (1)

through (3) shall apply to self-petitioners and derivatives of

self-petitioners.’’.

(c) LATE PETITION PERMITTED FOR IMMIGRANT SONS AND

DAUGHTERS BATTERED AS CHILDREN.—

(1) IN GENERAL.—Section 204(a)(1)(D) of the Immigration

and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by

subsection (a), is further amended by adding at the end the

following:

‘‘(v) For purposes of this paragraph, an individual who is not

less than 21 years of age, who qualified to file a petition under

subparagraph (A)(iv) as of the day before the date on which the

individual attained 21 years of age, and who did not file such

a petition before such day, shall be treated as having filed a petition

under such subparagraph as of such day if a petition is filed

for the status described in such subparagraph before the individual

attains 25 years of age and the individual shows that the abuse

was at least one central reason for the filing delay. Clauses (i)

through (iv) of this subparagraph shall apply to an individual

described in this clause in the same manner as an individual

filing a petition under subparagraph (A)(iv).’’.

(d) REMOVING A 2-YEAR CUSTODY AND RESIDENCY REQUIREMENT

FOR BATTERED ADOPTED CHILDREN.—Section 101(b)(1)(E)(i) of the

Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is

amended by inserting before the colon the following: ‘‘or if the

Applicability.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3057

child has been battered or subject to extreme cruelty by the adopting

parent or by a family member of the adopting parent residing

in the same household’’.

Subtitle B—VAWA Self-Petitioners

SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.

Section 101(a) of the Immigration and Nationality Act (8 U.S.C.

1101(a)) is amended by adding at the end the following:

‘‘(51) The term ‘VAWA self-petitioner’ means an alien, or

a child of the alien, who qualifies for relief under—

‘‘(A) clause (iii), (iv), or (vii) of section 204(a)(1)(A);

‘‘(B) clause (ii) or (iii) of section 204(a)(1)(B);

‘‘(C) section 216(c)(4)(C);

‘‘(D) the first section of Public Law 89–732 (8 U.S.C.

1255 note) (commonly known as the Cuban Adjustment

Act) as a child or spouse who has been battered or subjected

to extreme cruelty;

‘‘(E) section 902(d)(1)(B) of the Haitian Refugee

Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);

‘‘(F) section 202(d)(1) of the Nicaraguan Adjustment

and Central American Relief Act; or

‘‘(G) section 309 of the Illegal Immigration Reform

and Immigrant Responsibility Act of 1996 (division C of

Public Law 104–208).’’.

SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE.

Section 240B(d) of the Immigration and Nationality Act (8

U.S.C. 1229c(d)) is amended to read as follows:

‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), if an alien

is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period

specified, the alien—

‘‘(A) shall be subject to a civil penalty of not less

than $1,000 and not more than $5,000; and

‘‘(B) shall be ineligible, for a period of 10 years, to

receive any further relief under this section and sections

240A, 245, 248, and 249.

‘‘(2) APPLICATION OF VAWA PROTECTIONS.—The restrictions

on relief under paragraph (1) shall not apply to relief under

section 240A or 245 on the basis of a petition filed by a VAWA

self-petitioner, or a petition filed under section 240A(b)(2), or

under section 244(a)(3) (as in effect prior to March 31, 1997),

if the extreme cruelty or battery was at least one central

reason for the alien’s overstaying the grant of voluntary departure.

‘‘(3) NOTICE OF PENALTIES.—The order permitting an alien

to depart voluntarily shall inform the alien of the penalties

under this subsection.’’.

SEC. 813. REMOVAL PROCEEDINGS.

(a) EXCEPTIONAL CIRCUMSTANCES.—

(1) IN GENERAL.—Section 240(e)(1) of the Immigration and

Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking

‘‘serious illness of the alien’’ and inserting ‘‘battery or extreme

119 STAT. 3058 PUBLIC LAW 109–162—JAN. 5, 2006

cruelty to the alien or any child or parent of the alien, serious

illness of the alien,’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall apply to a failure to appear that occurs before, on,

or after the date of the enactment of this Act.

(b) DISCRETION TO CONSENT TO AN ALIEN’S REAPPLICATION FOR

ADMISSION.— (1) IN GENERAL.—The Secretary of Homeland Security, the

Attorney General, and the Secretary of State shall continue

to have discretion to consent to an alien’s reapplication for

admission after a previous order of removal, deportation, or

exclusion.

(2) SENSE OF CONGRESS.—It is the sense of Congress that

the officials described in paragraph (1) should particularly consider exercising this authority in cases under the Violence

Against Women Act of 1994, cases involving nonimmigrants

described in subparagraph (T) or (U) of section 101(a)(15) of

the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),

and relief under section 240A(b)(2) or 244(a)(3) of such Act

(as in effect on March 31, 1997) pursuant to regulations under

section 212.2 of title 8, Code of Federal Regulations.

(c) CLARIFYING APPLICATION OF DOMESTIC VIOLENCE WAIVER

AUTHORITY IN CANCELLATION OF REMOVAL.—

(1) IN GENERAL.—Section 240A(b) of the Immigration and

Nationality Act (8 U.S.C. 1229b(b)) is amended—

(A) in paragraph (1)(C), by striking ‘‘(except in a case

described in section 237(a)(7) where the Attorney General

exercises discretion to grant a waiver)’’ and inserting ‘‘,

subject to paragraph (5)’’;

(B) in paragraph (2)(A)(iv), by striking ‘‘(except in a

case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver)’’ and inserting

‘‘, subject to paragraph (5)’’; and

(C) by adding at the end the following:

‘‘(5) APPLICATION OF DOMESTIC VIOLENCE WAIVER

AUTHORITY.—The authority provided under section 237(a)(7)

may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in

a cancellation of removal and adjustment of status proceeding.’’.

SEC. 814. ELIMINATING ABUSERS’ CONTROL OVER APPLICATIONS AND

LIMITATION ON PETITIONING FOR ABUSERS.

(a) APPLICATION OF VAWA DEPORTATION PROTECTIONS TO

ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN ADJUSTMENT AND HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT.—Section 1506(c)(2) of

the Violence Against Women Act of 2000 (8 U.S.C. 1229a note;

division B of Public Law 106–386) is amended—

(1) in subparagraph (A)—

(A) by amending clause (i) to read as follows:

‘‘(i) if the basis of the motion is to apply for relief

under—

‘‘(I) clause (iii) or (iv) of section 204(a)(1)(A)

of the Immigration and Nationality Act (8 U.S.C.

1154(a)(1)(A));

‘‘(II) clause (ii) or (iii) of section 204(a)(1)(B)

of such Act (8 U.S.C. 1154(a)(1)(B));

‘‘(III) section 244(a)(3) of such Act (8 U.S.C.

8 U.S.C. 1254(a)(3));

8 USC 1229b

note.

8 USC 1229a

note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3059

‘‘(IV) the first section of Public Law 89–732

(8 U.S.C. 1255 note) (commonly known as the

Cuban Adjustment Act) as a child or spouse who

has been battered or subjected to extreme cruelty;

or

‘‘(V) section 902(d)(1)(B) of the Haitian Refugee

Immigration Fairness Act of 1998 (8 U.S.C. 1255

note); and’’; and

(B) in clause (ii), by inserting ‘‘or adjustment of status’’

after ‘‘suspension of deportation’’; and

(2) in subparagraph (B)(ii), by striking ‘‘for relief’’ and

all that follows through ‘‘1101 note))’’ and inserting ‘‘for relief

described in subparagraph (A)(i)’’.

(b) EMPLOYMENT AUTHORIZATION FOR VAWA SELF-PETI- TIONERS.—Section 204(a)(1) of the Immigration and Nationality Act

(8 U.S.C. 1154(a)(1)) is amended by adding at the end the following:

‘‘(K) Upon the approval of a petition as a VAWA self-petitioner,

the alien—

‘‘(i) is eligible for work authorization; and

‘‘(ii) may be provided an ‘employment authorized’ endorsement or appropriate work permit incidental to such approval.’’.

(c) EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF

CERTAIN NONIMMIGRANTS.—Title I of the Immigration and Nationality Act is amended by adding at the end the following new

section:

‘‘SEC. 106. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES

OF CERTAIN NONIMMIGRANTS.

‘‘(a) IN GENERAL.—In the case of an alien spouse admitted

under subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15)

who is accompanying or following to join a principal alien admitted

under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien

spouse to engage in employment in the United States and provide

the spouse with an ‘employment authorized’ endorsement or other

appropriate work permit if the alien spouse demonstrates that

during the marriage the alien spouse or a child of the alien spouse

has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief

under this section shall be handled under the procedures that

apply to aliens seeking relief under section 204(a)(1)(A)(iii).

‘‘(b) CONSTRUCTION.—The grant of employment authorization

pursuant to this section shall not confer upon the alien any other

form of relief.’’.

(d) CLERICAL AMENDMENT.—The table of contents of such Act

is amended by inserting after the item relating to section 105

the following new item:

‘‘Sec. 106. Employment authorization for battered spouses of certain nonimmigrants.’’.

(e) LIMITATION ON PETITIONING FOR ABUSER.—Section 204(a)(1)

of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is

amended by adding at the end the following new subparagraph:

‘‘(L) Notwithstanding the previous provisions of this

paragraph, an individual who was a VAWA petitioner or

who had the status of a nonimmigrant under subparagraph

(T) or (U) of section 101(a)(15) may not file a petition

for classification under this section or section 214 to classify

Applicability.

8 USC 1105a.

119 STAT. 3060 PUBLIC LAW 109–162—JAN. 5, 2006

any person who committed the battery or extreme cruelty

or trafficking against the individual (or the individual’s

child) which established the individual’s (or individual’s

child) eligibility as a VAWA petitioner or for such nonimmigrant status.’’.

SEC. 815. APPLICATION FOR VAWA-RELATED RELIEF.

(a) IN GENERAL.—Section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public

Law 105–100) is amended—

(1) in subparagraph (B)(ii), by inserting ‘‘, or was eligible

for adjustment,’’ after ‘‘whose status is adjusted’’; and

(2) in subparagraph (E), by inserting ‘‘, or, in the case

of an alien who qualifies under subparagraph (B)(ii), applies

for such adjustment during the 18-month period beginning

on the date of enactment of the Violence Against Women and

Department of Justice Reauthorization Act of 2005’’ after ‘‘April

1, 2000’’.

(b) TECHNICAL AMENDMENT.—Section 202(d)(3) of such Act (8

U.S.C. 1255 note; Public Law 105–100) is amended by striking

‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’.

(c) EFFECTIVE DATE.—The amendment made by subsection (b)

shall take effect as if included in the enactment of the Violence

Against Women Act of 2000 (division B of Public Law 106–386;

114 Stat. 1491).

SEC. 816. SELF-PETITIONING PARENTS.

Section 204(a)(1)(A) of the Immigration and Nationality Act

(8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:

‘‘(vii) An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the

alien under section 201(b)(2)(A)(i) if the alien—

‘‘(I) is the parent of a citizen of the United States or

was a parent of a citizen of the United States who, within

the past 2 years, lost or renounced citizenship status related

to an incident of domestic violence or died;

‘‘(II) is a person of good moral character;

‘‘(III) is eligible to be classified as an immediate relative

under section 201(b)(2)(A)(i);

‘‘(IV) resides, or has resided, with the citizen daughter

or son; and

‘‘(V) demonstrates that the alien has been battered or subject to extreme cruelty by the citizen daughter or son.’’.

SEC. 817. VAWA CONFIDENTIALITY NONDISCLOSURE.

Section 384 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1367) is amended—

(1) in subsection (a)—

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

‘‘(including any bureau or agency of such Department)’’

and inserting ‘‘, the Secretary of Homeland Security, the

Secretary of State, or any other official or employee of

the Department of Homeland Security or Department of

State (including any bureau or agency of either of such

Departments)’’; and

(B) in paragraph (1)—

8 USC 1255 note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3061

(i) in subparagraph (D), by striking ‘‘or’’ at the

end; and

(ii) by inserting after subparagraph (E) the following:

‘‘(F) in the case of an alien applying for status under

section 101(a)(15)(T) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(15)(T)), under section

107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection

Act of 2000 (22 U.S.C. 7105), under section 244(a)(3) of

the Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)),

as in effect prior to March 31, 1999, or as a VAWA selfpetitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)), the trafficker or perpetrator,’’;

(2) in subsection (b), by adding at the end the following

new paragraphs:

‘‘(6) Subsection (a) may not be construed to prevent the

Attorney General and the Secretary of Homeland Security from

disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on

the Judiciary of the House of Representatives, for the exercise

of congressional oversight authority, information on closed cases

under this section in a manner that protects the confidentiality

of such information and that omits personally identifying

information (including locational information about individuals).

‘‘(7) Government entities adjudicating applications for relief

under subsection (a)(2), and government personnel carrying

out mandated duties under section 101(i)(1) of the Immigration

and Nationality Act, may, with the prior written consent of

the alien involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of

assisting victims in obtaining victim services from programs

with expertise working with immigrant victims. Agencies

receiving referrals are bound by the provisions of this section.

Nothing in this paragraph shall be construed as affecting the

ability of an applicant to designate a safe organization through

whom governmental agencies may communicate with the

applicant.’’;

(3) in subsection (c), by inserting ‘‘or who knowingly makes

a false certification under section 239(e) of the Immigration

and Nationality Act’’ after ‘‘in violation of this section’’; and

(4) by adding at the end the following new subsection:

‘‘(d) GUIDANCE.—The Attorney General and the Secretary of

Homeland Security shall provide guidance to officers and employees

of the Department of Justice or the Department of Homeland Security who have access to information covered by this section

regarding the provisions of this section, including the provisions

to protect victims of domestic violence from harm that could result

from the inappropriate disclosure of covered information.’’.

119 STAT. 3062 PUBLIC LAW 109–162—JAN. 5, 2006

Subtitle C—Miscellaneous Amendments

SEC. 821. DURATION OF T AND U VISAS.

(a) T VISAS.—Section 214(o) of the Immigration and Nationality

Act (8 U.S.C. 1184(o)) is amended by adding at the end the following:

‘‘(7)(A) Except as provided in subparagraph (B), an alien who

is issued a visa or otherwise provided nonimmigrant status under

section 101(a)(15)(T) may be granted such status for a period of

not more than 4 years.

‘‘(B) An alien who is issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(T) may extend the period

of such status beyond the period described in subparagraph (A)

if a Federal, State, or local law enforcement official, prosecutor,

judge, or other authority investigating or prosecuting activity

relating to human trafficking or certifies that the presence of the

alien in the United States is necessary to assist in the investigation

or prosecution of such activity.’’.

(b) U VISAS.—Section 214(p) of the Immigration and Nationality

Act (8 U.S.C. 1184(p)) is amended by adding at the end the following:

‘‘(6) DURATION OF STATUS.—The authorized period of status

of an alien as a nonimmigrant under section 101(a)(15)(U)

shall be for a period of not more than 4 years, but shall

be extended upon certification from a Federal, State, or local

law enforcement official, prosecutor, judge, or other Federal,

State, or local authority investigating or prosecuting criminal

activity described in section 101(a)(15)(U)(iii) that the alien’s

presence in the United States is required to assist in the

investigation or prosecution of such criminal activity.’’.

(c) PERMITTING CHANGE OF NONIMMIGRANT STATUS TO T AND

U NONIMMIGRANT STATUS.—

(1) IN GENERAL.—Section 248 of the Immigration and

Nationality Act (8 U.S.C. 1258) is amended—

(A) by striking ‘‘The Attorney General’’ and inserting

‘‘(a) The Secretary of Homeland Security’’;

(B) by inserting ‘‘(subject to subsection (b))’’ after

‘‘except’’; and

(C) by adding at the end the following:

‘‘(b) The exceptions specified in paragraphs (1) through (4)

of subsection (a) shall not apply to a change of nonimmigrant

classification to that of a nonimmigrant under subparagraph (T)

or (U) of section 101(a)(15).’’.

(2) CONFORMING AMENDMENT.—Section 214(l)(2)(A) of the

Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is

amended by striking ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’.

SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN APPLICATION

OF SPECIAL PHYSICAL PRESENCE AND GOOD MORAL

CHARACTER RULES.

(a) PHYSICAL PRESENCE RULES.—Section 240A(b)(2)(B) of the

Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is

amended—

(1) in the first sentence, by striking ‘‘(A)(i)(II)’’ and inserting

‘‘(A)(ii)’’; and

Certification.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3063

(2) in the fourth sentence, by striking ‘‘subsection (b)(2)(B)

of this section’’ and inserting ‘‘this subparagraph, subparagraph

(A)(ii),’’.

(b) MORAL CHARACTER RULES.—Section 240A(b)(2)(C) of the

Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(C)) is

amended by striking ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’.

(c) CORRECTION OF CROSS-REFERENCE ERROR IN APPLYING GOOD

MORAL CHARACTER.— (1) IN GENERAL.—Section 101(f)(3) of the Immigration and

Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking

‘‘(9)(A)’’ and inserting ‘‘(10)(A)’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall be effective as if included in section 603(a)(1) of the

Immigration Act of 1990 (Public Law 101–649; 104 Stat. 5082).

SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER

CUBAN ADJUSTMENT.

(a) IN GENERAL.—The first section of Public Law 89–732 (8

U.S.C. 1255 note) (commonly known as the Cuban Adjustment

Act) is amended—

(1) in the last sentence, by striking ‘‘204(a)(1)(H)’’ and

inserting ‘‘204(a)(1)(J)’’; and

(2) by adding at the end the following: ‘‘An alien who

was the spouse of any Cuban alien described in this section

and has resided with such spouse shall continue to be treated

as such a spouse for 2 years after the date on which the

Cuban alien dies (or, if later, 2 years after the date of enactment

of Violence Against Women and Department of Justice

Reauthorization Act of 2005), or for 2 years after the date

of termination of the marriage (or, if later, 2 years after the

date of enactment of Violence Against Women and Department

of Justice Reauthorization Act of 2005) if there is demonstrated

a connection between the termination of the marriage and

the battering or extreme cruelty by the Cuban alien.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection

(a)(1) shall take effect as if included in the enactment of the Violence

Against Women Act of 2000 (division B of Public Law 106–386;

114 Stat. 1491).

SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.

(a) IN GENERAL.—Section 902(d)(1)(B) of the Haitian Refugee

Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is amended—

(1) in clause (i), by striking ‘‘whose status is adjusted

to that of an alien lawfully admitted for permanent residence’’

and inserting ‘‘who is or was eligible for classification’’;

(2) in clause (ii), by striking ‘‘whose status is adjusted

to that of an alien lawfully admitted for permanent residence’’

and inserting ‘‘who is or was eligible for classification’’; and

(3) in clause (iii), by striking ‘‘204(a)(1)(H)’’ and inserting

‘‘204(a)(1)(J)’’.

(b) EFFECTIVE DATE.—The amendment made by subsection

(a)(3) shall take effect as if included in the enactment of the Violence

Against Women Act of 2000 (division B of Public Law 106–386;

114 Stat. 1491).

SEC. 825. MOTIONS TO REOPEN.

(a) REMOVAL PROCEEDINGS.—Section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)), as redesignated

8 USC 1255 note.

8 USC 1255 note.

8 USC 1101 note.

119 STAT. 3064 PUBLIC LAW 109–162—JAN. 5, 2006

by section 101(d)(1) of the REAL ID Act of 2005 (division B of

Public Law 109–13), is amended—

(1) in subparagraph (A), by inserting ‘‘, except that this

limitation shall not apply so as to prevent the filing of one

motion to reopen described in subparagraph (C)(iv)’’ before the

period at the end; and

(2) in subparagraph (C)—

(A) in the heading of clause (iv), by striking ‘‘SPOUSES

AND CHILDREN’’ and inserting ‘‘SPOUSES, CHILDREN, AND

PARENTS’’;

(B) in the matter before subclause (I) of clause (iv),

by striking ‘‘The deadline specified in subsection (b)(5)(C)

for filing a motion to reopen does not apply’’ and inserting

‘‘Any limitation under this section on the deadlines for

filing such motions shall not apply’’;

(C) in clause (iv)(I), by striking ‘‘or section 240A(b)’’

and inserting ‘‘, section 240A(b), or section 244(a)(3) (as

in effect on March 31, 1997)’’;

(D) by striking ‘‘and’’ at the end of clause (iv)(II);

(E) by striking the period at the end of clause (iv)(III)

and inserting ‘‘; and’’; and

(F) by adding at the end the following:

‘‘(IV) if the alien is physically present in the

United States at the time of filing the motion.

The filing of a motion to reopen under this clause shall

only stay the removal of a qualified alien (as defined in

section 431(c)(1)(B) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 (8 U.S.C.

1641(c)(1)(B)) pending the final disposition of the motion,

including exhaustion of all appeals if the motion establishes

that the alien is a qualified alien.’’.

(b) DEPORTATION AND EXCLUSION PROCEEDINGS.—Section

1506(c)(2) of the Violence Against Women Act of 2000 (8 U.S.C.

1229a note) is amended—

(1) by striking subparagraph (A) and inserting the following:

‘‘(A)(i) IN GENERAL.—Notwithstanding any limitation

imposed by law on motions to reopen or rescind deportation

proceedings under the Immigration and Nationality Act

(as in effect before the title III–A effective date in section

309 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1101 note))—

‘‘(I) there is no time limit on the filing of a motion

to reopen such proceedings, and the deadline specified

in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does

not apply—

‘‘(aa) if the basis of the motion is to apply

for relief under clause (iii) or (iv) of section

204(a)(1)(A) of the Immigration and Nationality

Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of

section 204(a)(1)(B) of such Act (8 U.S.C.

1154(a)(1)(B)), or section 244(a)(3) of such Act (as

so in effect) (8 U.S.C. 1254(a)(3)); and

‘‘(bb) if the motion is accompanied by a suspension of deportation application to be filed with

the Secretary of Homeland Security or by a copy

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3065

of the self-petition that will be filed with the

Department of Homeland Security upon the

granting of the motion to reopen; and

‘‘(II) any such limitation shall not apply so as

to prevent the filing of one motion to reopen described

in section 240(c)(7)(C)(iv) of the Immigration and

Nationality Act (8 U.S.C. 1229a(c)(7)).

‘‘(ii) PRIMA FACIE CASE.—The filing of a motion to

reopen under this subparagraph shall only stay the removal

of a qualified alien (as defined in section 431(c)(1)(B) of

the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pending

the final disposition of the motion, including exhaustion

of all appeals if the motion establishes that the alien is

a qualified alien.’’;

(2) in subparagraph (B), in the matter preceding clause

(i), by inserting ‘‘who are physically present in the United

States and’’ after ‘‘filed by aliens’’; and

(3) in subparagraph (B)(i), by inserting ‘‘or exclusion’’ after

‘‘deportation’’.

(c) CERTIFICATION OF COMPLIANCE IN REMOVAL PROCEEDINGS.—

(1) IN GENERAL.—Section 239 of the Immigration and

Nationality Act (8 U.S.C. 1229) is amended by adding at the

end the following new subsection:

‘‘(e) CERTIFICATION OF COMPLIANCE WITH RESTRICTIONS ON

DISCLOSURE.—

‘‘(1) IN GENERAL.—In cases where an enforcement action

leading to a removal proceeding was taken against an alien

at any of the locations specified in paragraph (2), the Notice

to Appear shall include a statement that the provisions of

section 384 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1367) have been complied

with.

‘‘(2) LOCATIONS.—The locations specified in this paragraph

are as follows:

‘‘(A) At a domestic violence shelter, a rape crisis center,

supervised visitation center, family justice center, a victim

services, or victim services provider, or a community-based

organization.

‘‘(B) At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing

in connection with a protection order case, child custody

case, or other civil or criminal case relating to domestic

violence, sexual assault, trafficking, or stalking in which

the alien has been battered or subject to extreme cruelty

or if the alien is described in subparagraph (T) or (V)

of section 101(a)(15).’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall take effect on the date that is 30 days after the

date of the enactment of this Act and shall apply to apprehensions occurring on or after such date.

SEC. 826. PROTECTING ABUSED JUVENILES.

Section 287 of the Immigration and Nationality Act (8 U.S.C.

1357), as amended by section 726, is further amended by adding

at the end the following new clause:

8 USC 1229 note.

119 STAT. 3066 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(i) An alien described in section 101(a)(27)(J) of the Immigration and Nationality Act who has been battered, abused, neglected,

or abandoned, shall not be compelled to contact the alleged abuser

(or family member of the alleged abuser) at any stage of applying

for special immigrant juvenile status, including after a request

for the consent of the Secretary of Homeland Security under section

101(a)(27)(J)(iii)(I) of such Act.’’.

SEC. 827. PROTECTION OF DOMESTIC VIOLENCE AND CRIME VICTIMS

FROM CERTAIN DISCLOSURES OF INFORMATION.

In developing regulations or guidance with regard to identification documents, including driver’s licenses, the Secretary of Homeland Security, in consultation with the Administrator of Social

Security, shall consider and address the needs of victims, including

victims of battery, extreme cruelty, domestic violence, dating

violence, sexual assault, stalking or trafficking, who are entitled

to enroll in State address confidentiality programs, whose addresses

are entitled to be suppressed under State or Federal law or suppressed by a court order, or who are protected from disclosure

of information pursuant to section 384 of the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).

SEC. 828. RULEMAKING.

Not later than 180 days after the date of enactment of this

Act, the Attorney General, the Secretary of Homeland Security,

and the Secretary of State shall promulgate regulations to implement the provisions contained in the Battered Immigrant Women

Protection Act of 2000 (title V of Public Law 106–386), this Act,

and the amendments made by this Act.

Subtitle D—International Marriage Broker

Regulation

SEC. 831. SHORT TITLE.

This subtitle may be cited as the ‘‘International Marriage

Broker Regulation Act of 2005’’.

SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER

OF ENTRY.

(a) INFORMATION ON CERTAIN CONVICTIONS AND LIMITATION

ON PETITIONS FOR K NONIMMIGRANT PETITIONERS.—

(1) 214(d) AMENDMENT.—Section 214(d) of the Immigration

and Nationality Act (8 U.S.C. 1184(d)) is amended—

(A) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;

(B) by inserting after the second sentence ‘‘Such

information shall include information on any criminal

convictions of the petitioner for any specified crime.’’;

(C) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’ each place it appears; and

(D) by adding at the end the following:

‘‘(2)(A) Subject to subparagraphs (B) and (C), a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more

applying aliens; and

8 USC 1101 note.

International

Marriage Broker

Regulation Act of

2005.

Deadline.

8 USC 1101 note.

49 USC 30301

note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3067

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously approved petition.

‘‘(B) The Secretary of Homeland Security may, in the Secretary’s

discretion, waive the limitations in subparagraph (A) if justification

exists for such a waiver. Except in extraordinary circumstances

and subject to subparagraph (C), such a waiver shall not be granted

if the petitioner has a record of violent criminal offenses against

a person or persons.

‘‘(C)(i) The Secretary of Homeland Security is not limited by

the criminal court record and shall grant a waiver of the condition

described in the second sentence of subparagraph (B) in the case

of a petitioner described in clause (ii).

‘‘(ii) A petitioner described in this clause is a petitioner who

has been battered or subjected to extreme cruelty and who is

or was not the primary perpetrator of violence in the relationship

upon a determination that—

‘‘(I) the petitioner was acting in self-defense;

‘‘(II) the petitioner was found to have violated a protection

order intended to protect the petitioner; or

‘‘(III) the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not

result in serious bodily injury and where there was a connection

between the crime and the petitioner’s having been battered

or subjected to extreme cruelty.

‘‘(iii) In acting on applications under this subparagraph, the

Secretary of Homeland Security shall consider any credible evidence

relevant to the application. The determination of what evidence

is credible and the weight to be given that evidence shall be within

the sole discretion of the Secretary.

‘‘(3) In this subsection:

‘‘(A) The terms ‘domestic violence’, ‘sexual assault’, ‘child

abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’

have the meaning given such terms in section 3 of the Violence

Against Women and Department of Justice Reauthorization

Act of 2005.

‘‘(B) The term ‘specified crime’ means the following:

‘‘(i) Domestic violence, sexual assault, child abuse and

neglect, dating violence, elder abuse, and stalking.

‘‘(ii) Homicide, murder, manslaughter, rape, abusive

sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful criminal

restraint, false imprisonment, or an attempt to commit

any of the crimes described in this clause.

‘‘(iii) At least three convictions for crimes relating to

a controlled substance or alcohol not arising from a single

act.’’.

(2) 214(r) AMENDMENT.—Section 214(r) of such Act (8 U.S.C.

1184(r)) is amended—

(A) in paragraph (1), by inserting after the second

sentence ‘‘Such information shall include information on

any criminal convictions of the petitioner for any specified

crime.’’; and

(B) by adding at the end the following:

‘‘(4)(A) The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for

Records.

119 STAT. 3068 PUBLIC LAW 109–162—JAN. 5, 2006

fiance ́(e)s and spouses under clauses (i) and (ii) of section

101(a)(15)(K). Upon approval of a second visa petition under section

101(a)(15)(K) for a fiance ́(e) or spouse filed by the same United

States citizen petitioner, the petitioner shall be notified by the

Secretary that information concerning the petitioner has been

entered into the multiple visa petition tracking database. All subsequent fiance ́(e) or spouse nonimmigrant visa petitions filed by that

petitioner under such section shall be entered in the database.

‘‘(B)(i) Once a petitioner has had two fiance ́(e) or spousal petitions approved under clause (i) or (ii) of section 101(a)(15)(K), if

a subsequent petition is filed under such section less than 10

years after the date the first visa petition was filed under such

section, the Secretary of Homeland Security shall notify both the

petitioner and beneficiary of any such subsequent petition about

the number of previously approved fiance ́(e) or spousal petitions

listed in the database.

‘‘(ii) A copy of the information and resources pamphlet on

domestic violence developed under section 833(a) of the International Marriage Broker Regulation Act of 2005 shall be mailed

to the beneficiary along with the notification required in clause

(i).

‘‘(5) In this subsection:

‘‘(A) The terms ‘domestic violence’, ‘sexual assault’, ‘child

abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’

have the meaning given such terms in section 3 of the Violence

Against Women and Department of Justice Reauthorization

Act of 2005.

‘‘(B) The term ‘specified crime’ means the following:

‘‘(i) Domestic violence, sexual assault, child abuse and

neglect, dating violence, elder abuse, and stalking.

‘‘(ii) Homicide, murder, manslaughter, rape, abusive

sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful criminal

restraint, false imprisonment, or an attempt to commit

any of the crimes described in this clause.

‘‘(iii) At least three convictions for crimes relating to

a controlled substance or alcohol not arising from a single

act.’’.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is 60 days after

the date of the enactment of this Act.

(b) LIMITATION ON USE OF CERTAIN INFORMATION.—The fact

that an alien described in clause (i) or (ii) of section 101(a)(15)(K)

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K))

is aware of any information disclosed under the amendments made

by this section or under section 833 shall not be used to deny

the alien eligibility for relief under any other provision of law.

SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR

IMMIGRANTS AND REGULATION OF INTERNATIONAL

MARRIAGE BROKERS.

(a) INFORMATION FOR K NONIMMIGRANTS ON LEGAL RIGHTS

AND RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE.—

(1) IN GENERAL.—The Secretary of Homeland Security, in

consultation with the Attorney General and the Secretary of

State, shall develop an information pamphlet, as described

8 USC 1375a.

8 USC 1184 note.

8 USC 1184 note.

Notification.

Notification.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3069

in paragraph (2), on legal rights and resources for immigrant

victims of domestic violence and distribute and make such

pamphlet available as described in paragraph (5). In preparing

such materials, the Secretary of Homeland Security shall consult with nongovernmental organizations with expertise on the

legal rights of immigrant victims of battery, extreme cruelty,

sexual assault, and other crimes.

(2) INFORMATION PAMPHLET.—The information pamphlet

developed under paragraph (1) shall include information on

the following:

(A) The K nonimmigrant visa application process and

the marriage-based immigration process, including conditional residence and adjustment of status.

(B) The illegality of domestic violence, sexual assault,

and child abuse in the United States and the dynamics

of domestic violence.

(C) Domestic violence and sexual assault services in

the United States, including the National Domestic

Violence Hotline and the National Sexual Assault Hotline.

(D) The legal rights of immigrant victims of abuse

and other crimes in immigration, criminal justice, family

law, and other matters, including access to protection

orders.

(E) The obligations of parents to provide child support

for children.

(F) Marriage fraud under United States immigration

laws and the penalties for committing such fraud.

(G) A warning concerning the potential use of K nonimmigrant visas by United States citizens who have a

history of committing domestic violence, sexual assault,

child abuse, or other crimes and an explanation that such

acts may not have resulted in a criminal record for such

a citizen.

(H) Notification of the requirement under subsection

(d)(3)(A) that international marriage brokers provide foreign national clients with background information gathered

on United States clients from searches of Federal and

State sex offender public registries and collected from

United States clients regarding their marital history and

domestic violence or other violent criminal history, but

that such information may not be complete or accurate

because the United States client may not have a criminal

record or may not have truthfully reported their marital

or criminal record.

(3) SUMMARIES.—The Secretary of Homeland Security, in

consultation with the Attorney General and the Secretary of

State, shall develop summaries of the pamphlet developed

under paragraph (1) that shall be used by Federal officials

when reviewing the pamphlet in interviews under subsection

(b).

(4) TRANSLATION.—

(A) IN GENERAL.—In order to best serve the language

groups having the greatest concentration of K nonimmigrant visa applicants, the information pamphlet developed under paragraph (1) shall, subject to subparagraph

(B), be translated by the Secretary of State into foreign

119 STAT. 3070 PUBLIC LAW 109–162—JAN. 5, 2006

languages, including Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic, Portuguese, Hindi, and such other

languages as the Secretary of State, in the Secretary’s

discretion, may specify.

(B) REVISION.—Every 2 years, the Secretary of Homeland Security, in consultation with the Attorney General

and the Secretary of State, shall determine at least 14

specific languages into which the information pamphlet

is translated based on the languages spoken by the greatest

concentrations of K nonimmigrant visa applicants.

(5) AVAILABILITY AND DISTRIBUTION.—The information pamphlet developed under paragraph (1) shall be made available

and distributed as follows:

(A) MAILINGS TO K NONIMMIGRANT VISA APPLICANTS.— (i) The pamphlet shall be mailed by the Secretary

of State to each applicant for a K nonimmigrant visa

at the same time that the instruction packet regarding

the visa application process is mailed to such applicant.

The pamphlet so mailed shall be in the primary language of the applicant or in English if no translation

into the applicant’s primary language is available.

(ii) The Secretary of Homeland Security shall provide to the Secretary of State, for inclusion in the

mailing under clause (i), a copy of the petition submitted by the petitioner for such applicant under subsection (d) or (r) of section 214 of such Act (8 U.S.C.

1184).

(iii) The Secretary of Homeland Security shall provide to the Secretary of State any criminal background

information the Secretary of Homeland Security possesses with respect to a petitioner under subsection

(d) or (r) of section 214 of such Act (8 U.S.C. 1184).

The Secretary of State, in turn, shall share any such

criminal background information that is in government

records or databases with the K nonimmigrant visa

applicant who is the beneficiary of the petition. The

visa applicant shall be informed that such criminal

background information is based on available records

and may not be complete. The Secretary of State also

shall provide for the disclosure of such criminal background information to the visa applicant at the consular interview in the primary language of the visa

applicant. Nothing in this clause shall be construed

to authorize the Secretary of Homeland Security to

conduct any new or additional criminal background

check that is not otherwise conducted in the course

of adjudicating such petitions.

(B) CONSULAR ACCESS.—The pamphlet developed under

paragraph (1) shall be made available to the public at

all consular posts. The summaries described in paragraph

(3) shall be made available to foreign service officers at

all consular posts.

(C) POSTING ON FEDERAL WEBSITES.—The pamphlet

developed under paragraph (1) shall be posted on the

websites of the Department of State and the Department

of Homeland Security, as well as on the websites of all

Public

information.

Records.

Records.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3071

consular posts processing applications for K nonimmigrant

visas.

(D) INTERNATIONAL MARRIAGE BROKERS AND VICTIM

ADVOCACY ORGANIZATIONS.—The pamphlet developed under

paragraph (1) shall be made available to any international

marriage broker, government agency, or nongovernmental

advocacy organization.

(6) DEADLINE FOR PAMPHLET DEVELOPMENT AND DISTRIBU- TION.—The pamphlet developed under paragraph (1) shall be

distributed and made available (including in the languages

specified under paragraph (4)) not later than 120 days after

the date of the enactment of this Act.

(b) VISA AND ADJUSTMENT INTERVIEWS.— (1) FIANCE ́(E)S, SPOUSES AND THEIR DERIVATIVES.—During

an interview with an applicant for a K nonimmigrant visa,

a consular officers shall—

(A) provide information, in the primary language of

the visa applicant, on protection orders or criminal convictions collected under subsection (a)(5)(A)(iii);

(B) provide a copy of the pamphlet developed under

subsection (a)(1) in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet; and

(C) ask the applicant, in the primary language of the

applicant, whether an international marriage broker has

facilitated the relationship between the applicant and the

United States petitioner, and, if so, obtain the identity

of the international marriage broker from the applicant

and confirm that the international marriage broker provided to the applicant the information and materials

required under subsection (d)(3)(A)(iii).

(2) FAMILY-BASED APPLICANTS.—The pamphlet developed

under subsection (a)(1) shall be distributed directly to

applicants for family-based immigration petitions at all consular and adjustment interviews for such visas. The Department of State or Department of Homeland Security officer

conducting the interview shall review the summary of the pamphlet with the applicant orally in the applicant’s primary language, in addition to distributing the pamphlet to the applicant

in English or another appropriate language.

(c) CONFIDENTIALITY.—In fulfilling the requirements of this

section, no official of the Department of State or the Department

of Homeland Security shall disclose to a nonimmigrant visa

applicant the name or contact information of any person who was

granted a protection order or restraining order against the petitioner or who was a victim of a crime of violence perpetrated

by the petitioner, but shall disclose the relationship of the person

to the petitioner.

(d) REGULATION OF INTERNATIONAL MARRIAGE BROKERS.—

(1) PROHIBITION ON MARKETING CHILDREN.—An international marriage broker shall not provide any individual or

entity with the personal contact information, photograph, or

general information about the background or interests of any

individual under the age of 18.

(2) REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS

WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND

INFORMATION.—

119 STAT. 3072 PUBLIC LAW 109–162—JAN. 5, 2006

(A) IN GENERAL.— (i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.— Each international marriage broker shall search the

National Sex Offender Public Registry or State sex

offender public registry, as required under paragraph

(3)(A)(i).

(ii) COLLECTION OF BACKGROUND INFORMATION.— Each international marriage broker shall also collect

the background information listed in subparagraph (B)

about the United States client to whom the personal

contact information of a foreign national client would

be provided.

(B) BACKGROUND INFORMATION.—The international

marriage broker shall collect a certification signed (in written, electronic, or other form) by the United States client

accompanied by documentation or an attestation of the

following background information about the United States

client:

(i) Any temporary or permanent civil protection

order or restraining order issued against the United

States client.

(ii) Any Federal, State, or local arrest or conviction

of the United States client for homicide, murder, manslaughter, assault, battery, domestic violence, rape,

sexual assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, or stalking.

(iii) Any Federal, State, or local arrest or conviction

of the United States client for—

(I) solely, principally, or incidentally engaging

in prostitution;

(II) a direct or indirect attempt to procure

prostitutes or persons for the purpose of prostitution; or

(III) receiving, in whole or in part, of the proceeds of prostitution.

(iv) Any Federal, State, or local arrest or conviction

of the United States client for offenses related to controlled substances or alcohol.

(v) Marital history of the United States client,

including whether the client is currently married,

whether the client has previously been married and

how many times, how previous marriages of the client

were terminated and the date of termination, and

whether the client has previously sponsored an alien

to whom the client was engaged or married.

(vi) The ages of any of the United States client’s

children who are under the age of 18.

(vii) All States and countries in which the United

States client has resided since the client was 18 years

of age.

(3) OBLIGATION OF INTERNATIONAL MARRIAGE BROKERS WITH

RESPECT TO INFORMED CONSENT.— (A) LIMITATION ON SHARING INFORMATION ABOUT FOR- EIGN NATIONAL CLIENTS.—An international marriage broker

Certification.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3073

shall not provide any United States client or representative

with the personal contact information of any foreign

national client unless and until the international marriage

broker has—

(i) performed a search of the National Sex Offender

Public Registry, or of the relevant State sex offender

public registry for any State not yet participating in

the National Sex Offender Public Registry in which

the United States client has resided during the previous 20 years, for information regarding the United

States client;

(ii) collected background information about the

United States client required under paragraph (2);

(iii) provided to the foreign national client—

(I) in the foreign national client’s primary language, a copy of any records retrieved from the

search required under paragraph (2)(A)(i) or documentation confirming that such search retrieved

no records;

(II) in the foreign national client’s primary

language, a copy of the background information

collected by the international marriage broker

under paragraph (2)(B); and

(III) in the foreign national client’s primary

language (or in English or other appropriate language if there is no translation available into the

client’s primary language), the pamphlet developed

under subsection (a)(1); and

(iv) received from the foreign national client a

signed, written consent, in the foreign national client’s

primary language, to release the foreign national client’s personal contact information to the specific

United States client.

(B) CONFIDENTIALITY.—In fulfilling the requirements

of this paragraph, an international marriage broker shall

disclose the relationship of the United States client to

individuals who were issued a protection order or

restraining order as described in clause (i) of paragraph

(2)(B), or of any other victims of crimes as described in

clauses (ii) through (iv) of such paragraph, but shall not

disclose the name or location information of such individuals.

(C) PENALTY FOR MISUSE OF INFORMATION.—A person

who knowingly discloses, uses, or causes to be used any

information obtained by an international marriage broker

as a result of the obligations imposed on it under paragraph

(2) and this paragraph for any purpose other than the

disclosures required under this paragraph shall be fined

in accordance with title 18, United States Code, or imprisoned not more than 1 year, or both. These penalties are

in addition to any other civil or criminal liability under

Federal or State law which a person may be subject to

for the misuse of that information, including to threaten,

intimidate, or harass any individual. Nothing in this section

shall prevent the disclosure of such information to law

enforcement or pursuant to a court order.

119 STAT. 3074 PUBLIC LAW 109–162—JAN. 5, 2006

(4) LIMITATION ON DISCLOSURE.—An international marriage

broker shall not provide the personal contact information of

any foreign national client to any person or entity other than

a United States client. Such information shall not be disclosed

to potential United States clients or individuals who are being

recruited to be United States clients or representatives.

(5) PENALTIES.— (A) FEDERAL CIVIL PENALTY.— (i) VIOLATION.—An international marriage broker

that violates (or attempts to violate) paragraph (1),

(2), (3), or (4) is subject to a civil penalty of not less

than $5,000 and not more than $25,000 for each such

violation.

(ii) PROCEDURES FOR IMPOSITION OF PENALTY.— A penalty may be imposed under clause (i) by the

Attorney General only after notice and an opportunity

for an agency hearing on the record in accordance

with subchapter II of chapter 5 of title 5, United States

Code (popularly known as the Administrative Procedure Act).

(B) FEDERAL CRIMINAL PENALTY.—In circumstances in

or affecting interstate or foreign commerce, an international

marriage broker that, within the special maritime and

territorial jurisdiction of the United States, violates (or

attempts to violate) paragraph (1), (2), (3), or (4) shall

be fined in accordance with title 18, United States Code,

or imprisoned for not more than 5 years, or both.

(C) ADDITIONAL REMEDIES.—The penalties and remedies under this subsection are in addition to any other

penalties or remedies available under law.

(6) NONPREEMPTION.—Nothing in this subsection shall

preempt—

(A) any State law that provides additional protections

for aliens who are utilizing the services of an international

marriage broker; or

(B) any other or further right or remedy available

under law to any party utilizing the services of an international marriage broker.

(7) EFFECTIVE DATE.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), this subsection shall take effect on the date that is

60 days after the date of the enactment of this Act.

(B) ADDITIONAL TIME ALLOWED FOR INFORMATION PAMPHLET.—The requirement for the distribution of the pamphlet developed under subsection (a)(1) shall not apply

until 30 days after the date of its development and initial

distribution under subsection (a)(6).

(e) DEFINITIONS.—In this section:

(1) CRIME OF VIOLENCE.—The term ‘‘crime of violence’’ has

the meaning given such term in section 16 of title 18, United

States Code.

(2) DOMESTIC VIOLENCE.—The term ‘‘domestic violence’’ has

the meaning given such term in section 3 of this Act.

(3) FOREIGN NATIONAL CLIENT.—The term ‘‘foreign national

client’’ means a person who is not a United States citizen

or national or an alien lawfully admitted to the United States

for permanent residence and who utilizes the services of an

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3075

international marriage broker. Such term includes an alien

residing in the United States who is in the United States

as a result of utilizing the services of an international marriage

broker and any alien recruited by an international marriage

broker or representative of such broker.

(4) INTERNATIONAL MARRIAGE BROKER.—

(A) IN GENERAL.—The term ‘‘international marriage

broker’’ means a corporation, partnership, business, individual, or other legal entity, whether or not organized

under any law of the United States, that charges fees

for providing dating, matrimonial, matchmaking services,

or social referrals between United States citizens or

nationals or aliens lawfully admitted to the United States

as permanent residents and foreign national clients by

providing personal contact information or otherwise facilitating communication between individuals.

(B) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

(5) K NONIMMIGRANT VISA.—The term ‘‘K nonimmigrant

visa’’ means a nonimmigrant visa under clause (i) or (ii) of

section 101(a)(15)(K) of the Immigration and Nationality Act

(8 U.S.C. 1101(a)(15)(K)).

(6) PERSONAL CONTACT INFORMATION.—

(A) IN GENERAL.—The term ‘‘personal contact information’’ means information, or a forum to obtain such information, that would permit individuals to contact each other,

including—

(i) the name or residential, postal, electronic mail,

or instant message address of an individual;

(ii) the telephone, pager, cellphone, or fax number,

or voice message mailbox of an individual; or

(iii) the provision of an opportunity for an in-person

meeting.

(B) EXCEPTION.—Such term does not include a photograph or general information about the background or

interests of a person.

(7) REPRESENTATIVE.—The term ‘‘representative’’ means,

with respect to an international marriage broker, the person

or entity acting on behalf of such broker. Such a representative

may be a recruiter, agent, independent contractor, or other

international marriage broker or other person conveying

information about or to a United States client or foreign

national client, whether or not the person or entity receives

remuneration.

119 STAT. 3076 PUBLIC LAW 109–162—JAN. 5, 2006

(8) STATE.—The term ‘‘State’’ includes the District of

Columbia, Puerto Rico, the Virgin Islands, Guam, American

Samoa, and the Northern Mariana Islands.

(9) UNITED STATES.—The term ‘‘United States’’, when used

in a geographic sense, includes all the States.

(10) UNITED STATES CLIENT.—The term ‘‘United States

client’’ means a United States citizen or other individual who

resides in the United States and who utilizes the services

of an international marriage broker, if a payment is made

or a debt is incurred to utilize such services.

(f) GAO STUDY AND REPORT.— (1) STUDY.—The Comptroller General of the United States

shall conduct a study—

(A) on the impact of this section and section 832 on

the K nonimmigrant visa process, including specifically—

(i) annual numerical changes in petitions for K

nonimmigrant visas;

(ii) the annual number (and percentage) of such

petitions that are denied under subsection (d)(2) or

(r) of section 214 of the Immigration and Nationality

Act (8 U.S.C. 1184), as amended by this Act;

(iii) the annual number of waiver applications submitted under such a subsection, the number (and

percentage) of such applications granted or denied,

and the reasons for such decisions;

(iv) the annual number (and percentage) of cases

in which the criminal background information collected

and provided to the applicant as required by subsection

(a)(5)(A)(iii) contains one or more convictions;

(v) the annual number and percentage of cases

described in clause (iv) that were granted or were

denied waivers under section 214(d)(2) of the Immigration and Nationality Act, as amended by this Act;

(vi) the annual number of fiance ́(e) and spousal

K nonimmigrant visa petitions or family-based

immigration petitions filed by petitioners or applicants

who have previously filed other fiance ́(e) or spousal

K nonimmigrant visa petitions or family-based

immigration petitions;

(vii) the annual number of fiance ́(e) and spousal

K nonimmigrant visa petitions or family-based

immigration petitions filed by petitioners or applicants

who have concurrently filed other fiance ́(e) or spousal

K nonimmigrant visa petitioners or family-based

immigration petitions; and

(viii) the annual and cumulative number of petitioners and applicants tracked in the multiple filings

database established under paragraph (4) of section

214(r) of the Immigration and Nationality Act, as

added by this Act;

(B) regarding the number of international marriage

brokers doing business in the United States, the number

of marriages resulting from the services provided, and the

extent of compliance with the applicable requirements of

this section;

(C) that assesses the accuracy and completeness of

information gathered under section 832 and this section

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3077

from clients and petitioners by international marriage brokers, the Department of State, or the Department of Homeland Security;

(D) that examines, based on the information gathered,

the extent to which persons with a history of violence

are using either the K nonimmigrant visa process or the

services of international marriage brokers, or both, and

the extent to which such persons are providing accurate

and complete information to the Department of State or

the Department of Homeland Security and to international

marriage brokers in accordance with subsections (a) and

(d)(2)(B); and

(E) that assesses the accuracy and completeness of

the criminal background check performed by the Secretary

of Homeland Security at identifying past instances of

domestic violence.

(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to

the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a

report setting forth the results of the study conducted under

paragraph (1).

(3) DATA COLLECTION.—The Secretary of Homeland Security and the Secretary of State shall collect and maintain the

data necessary for the Comptroller General of the United States

to conduct the study required by paragraph (1).

(g) REPEAL OF MAIL-ORDER BRIDE PROVISION.—Section 652 of

the Illegal Immigration Reform and Immigrant Responsibility Act

of 1996 (division C of Public Law 104–208; 8 U.S.C. 1375) is

hereby repealed.

SEC. 834. SHARING OF CERTAIN INFORMATION.

Section 222(f) of the Immigration and Nationality Act (8 U.S.C.

1202(f)) shall not be construed to prevent the sharing of information

regarding a United States petitioner for a visa under clause (i)

or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K))

for the limited purposes of fulfilling disclosure obligations imposed

by the amendments made by section 832(a) or by section 833,

including reporting obligations of the Comptroller General of the

United States under section 833(f).

TITLE IX—SAFETY FOR INDIAN WOMEN

SEC. 901. FINDINGS.

Congress finds that—

(1) 1 out of every 3 Indian (including Alaska Native) women

are raped in their lifetimes;

(2) Indian women experience 7 sexual assaults per 1,000,

compared with 4 per 1,000 among Black Americans, 3 per

1,000 among Caucasians, 2 per 1,000 among Hispanic women,

and 1 per 1,000 among Asian women;

(3) Indian women experience the violent crime of battering

at a rate of 23.2 per 1,000, compared with 8 per 1,000 among

Caucasian women;

(4) during the period 1979 through 1992, homicide was

the third leading cause of death of Indian females aged 15

42 USC

3796gg–10 note.

8 USC 1202 note.

119 STAT. 3078 PUBLIC LAW 109–162—JAN. 5, 2006

to 34, and 75 percent were killed by family members or

acquaintances;

(5) Indian tribes require additional criminal justice and

victim services resources to respond to violent assaults against

women; and

(6) the unique legal relationship of the United States to

Indian tribes creates a Federal trust responsibility to assist

tribal governments in safeguarding the lives of Indian women.

SEC. 902. PURPOSES.

The purposes of this title are—

(1) to decrease the incidence of violent crimes against

Indian women;

(2) to strengthen the capacity of Indian tribes to exercise

their sovereign authority to respond to violent crimes committed

against Indian women; and

(3) to ensure that perpetrators of violent crimes committed

against Indian women are held accountable for their criminal

behavior.

SEC. 903. CONSULTATION.

(a) IN GENERAL.—The Attorney General shall conduct annual

consultations with Indian tribal governments concerning the Federal administration of tribal funds and programs established under

this Act, the Violence Against Women Act of 1994 (title IV of

Public Law 103–322; 108 Stat. 1902) and the Violence Against

Women Act of 2000 (division B of Public Law 106–386; 114 Stat.

1491).

(b) RECOMMENDATIONS.—During consultations under subsection

(a), the Secretary of the Department of Health and Human Services

and the Attorney General shall solicit recommendations from Indian

tribes concerning—

(1) administering tribal funds and programs;

(2) enhancing the safety of Indian women from domestic

violence, dating violence, sexual assault, and stalking; and

(3) strengthening the Federal response to such violent

crimes.

SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN

WOMEN.

(a) NATIONAL BASELINE STUDY.—

(1) IN GENERAL.—The National Institute of Justice, in consultation with the Office on Violence Against Women, shall

conduct a national baseline study to examine violence against

Indian women in Indian country.

(2) SCOPE.—

(A) IN GENERAL.—The study shall examine violence

committed against Indian women, including—

(i) domestic violence;

(ii) dating violence;

(iii) sexual assault;

(iv) stalking; and

(v) murder.

(B) EVALUATION.—The study shall evaluate the

effectiveness of Federal, State, tribal, and local responses

to the violations described in subparagraph (A) committed

against Indian women.

42 USC

3796gg–10 note.

42 USC 14045d.

42 USC

3796gg–10 note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3079

(C) RECOMMENDATIONS.—The study shall propose recommendations to improve the effectiveness of Federal,

State, tribal, and local responses to the violation described

in subparagraph (A) committed against Indian women.

(3) TASK FORCE.—

(A) IN GENERAL.—The Attorney General, acting

through the Director of the Office on Violence Against

Women, shall establish a task force to assist in the development and implementation of the study under paragraph

(1) and guide implementation of the recommendation in

paragraph (2)(C).

(B) MEMBERS.—The Director shall appoint to the task

force representatives from—

(i) national tribal domestic violence and sexual

assault nonprofit organizations;

(ii) tribal governments; and

(iii) the national tribal organizations.

(4) REPORT.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to the

Committee on Indian Affairs of the Senate, the Committee

on the Judiciary of the Senate, and the Committee on the

Judiciary of the House of Representatives a report that

describes the study.

(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000

for each of fiscal years 2007 and 2008, to remain available

until expended.

(b) INJURY STUDY.—

(1) IN GENERAL.—The Secretary of Health and Human

Services, acting through the Indian Health Service and the

Centers for Disease Control and Prevention, shall conduct a

study to obtain a national projection of—

(A) the incidence of injuries and homicides resulting

from domestic violence, dating violence, sexual assault, or

stalking committed against American Indian and Alaska

Native women; and

(B) the cost of providing health care for the injuries

described in subparagraph (A).

(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services

shall submit to the Committee on Indian Affairs of the Senate,

the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a

report that describes the findings made in the study and recommends health care strategies for reducing the incidence and

cost of the injuries described in paragraph (1).

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $500,000 for

each of fiscal years 2007 and 2008, to remain available until

expended.

SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.

(a) ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.—

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

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following:

Establishment.

119 STAT. 3080 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The Attorney General shall permit Indian law enforcement agencies, in cases of

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

to enter information into Federal criminal information databases

and to obtain information from the databases.’’.

(b) TRIBAL REGISTRY.— (1) ESTABLISHMENT.—The Attorney General shall contract

with any interested Indian tribe, tribal organization, or tribal

nonprofit organization to develop and maintain—

(A) a national tribal sex offender registry; and

(B) a tribal protection order registry containing civil

and criminal orders of protection issued by Indian tribes

and participating jurisdictions.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000

for each of fiscal years 2007 through 2011, to remain available

until expended.

SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

(a) IN GENERAL.—Part T of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended

by adding at the end the following:

‘‘SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

‘‘(a) GRANTS.—The Attorney General may make grants to Indian

tribal governments and tribal organizations to—

‘‘(1) develop and enhance effective governmental strategies

to curtail violent crimes against and increase the safety of

Indian women consistent with tribal law and custom;

‘‘(2) increase tribal capacity to respond to domestic violence,

dating violence, sexual assault, and stalking crimes against

Indian women;

‘‘(3) strengthen tribal justice interventions including tribal

law enforcement, prosecution, courts, probation, correctional

facilities;

‘‘(4) enhance services to Indian women victimized by

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

‘‘(5) work in cooperation with the community to develop

education and prevention strategies directed toward issues of

domestic violence, dating violence, and stalking programs and

to address the needs of children exposed to domestic violence;

‘‘(6) provide programs for supervised visitation and safe

visitation exchange of children in situations involving domestic

violence, sexual assault, or stalking committed by one parent

against the other with appropriate security measures, policies,

and procedures to protect the safety of victims and their children; and

‘‘(7) provide transitional housing for victims of domestic

violence, dating violence, sexual assault, or stalking, including

rental or utilities payments assistance and assistance with

related expenses such as security deposits and other costs incidental to relocation to transitional housing, and support services to enable a victim of domestic violence, dating violence,

sexual assault, or stalking to locate and secure permanent

housing and integrate into a community.

‘‘(b) COLLABORATION.—All applicants under this section shall

demonstrate their proposal was developed in consultation with a

nonprofit, nongovernmental Indian victim services program,

42 USC

3796gg–10.

28 USC 534 note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3081

including sexual assault and domestic violence victim services providers in the tribal or local community, or a nonprofit tribal

domestic violence and sexual assault coalition to the extent that

they exist. In the absence of such a demonstration, the applicant

may meet the requirement of this subsection through consultation

with women in the community to be served.

‘‘(c) NONEXCLUSIVITY.—The Federal share of a grant made

under this section may not exceed 90 percent of the total costs

of the project described in the application submitted, except that

the Attorney General may grant a waiver of this match requirement

on the basis of demonstrated financial hardship. Funds appropriated

for the activities of any agency of an Indian tribal government

or of the Bureau of Indian Affairs performing law enforcement

functions on any Indian lands may be used to provide the nonFederal share of the cost of programs or projects funded under

this section.’’.

(b) AUTHORIZATION OF FUNDS FROM GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.—Section 2007(b)(1) of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

1(b)(1)) is amended to read as follows:

‘‘(1) Ten percent shall be available for grants under the

program authorized in section 2007. The requirements of this

part shall not apply to funds allocated for such program.’’.

(c) AUTHORIZATION OF FUNDS FROM GRANTS TO ENCOURAGE

STATE POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM.—Section 2101 of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3796hh) is amended by striking

subsection (e) and inserting the following:

‘‘(e) Not less than 10 percent of the total amount available

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

under the program authorized in section 2007. The requirements

of this part shall not apply to funds allocated for such program.’’.

(d) AUTHORIZATION OF FUNDS FROM RURAL DOMESTIC VIOLENCE

AND CHILD ABUSE ENFORCEMENT ASSISTANCE GRANTS.—Subsection

40295(c) of the Violence Against Women Act of 1994 (42 U.S.C.

13971(c)(3)) is amended by striking paragraph (3) and inserting

the following:

‘‘(3) Not less than 10 percent of the total amount available

under this section for each fiscal year shall be available for

grants under the program authorized in section 2007 of the

Omnibus Crime Control and Safe Streets Act of 1968. The

requirements of this paragraph shall not apply to funds allocated for such program.’’.

(e) AUTHORIZATION OF FUNDS FROM THE SAFE HAVENS FOR

CHILDREN PROGRAM.—Section 1301 of the Violence Against Women

Act of 2000 (42 U.S.C. 10420) is amended by striking subsection

(f) and inserting the following:

‘‘(f) Not less than 10 percent of the total amount available

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

under the program authorized in section 2007 of the Omnibus

Crime Control and Safe Streets Act of 1968. The requirements

of this subsection shall not apply to funds allocated for such program.’’.

(f) AUTHORIZATION OF FUNDS FROM THE TRANSITIONAL HOUSING

ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE,

STALKING, OR SEXUAL ASSAULT PROGRAM.—Section 40299(g) of the

119 STAT. 3082 PUBLIC LAW 109–162—JAN. 5, 2006

Violence Against Women Act of 1994 (42 U.S.C. 13975(g)) is

amended by adding at the end the following:

‘‘(4) TRIBAL PROGRAM.—Not less than 10 percent of the

total amount available under this section for each fiscal year

shall be available for grants under the program authorized

in section 2007 of the Omnibus Crime Control and Safe Streets

Act of 1968. The requirements of this paragraph shall not

apply to funds allocated for such program.’’.

(g) AUTHORIZATION OF FUNDS FROM THE LEGAL ASSISTANCE

FOR VICTIMS IMPROVEMENTS PROGRAM.—Section 1201(f) of the

Violence Against Women Act of 2000 (42 U.S.C. 3796gg–6) is

amended by adding at the end the following:

‘‘(4) Not less than 10 percent of the total amount available

under this section for each fiscal year shall be available for

grants under the program authorized in section 2007 of the

Omnibus Crime Control and Safe Streets Act of 1968. The

requirements of this paragraph shall not apply to funds allocated for such program.’’.

SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST

WOMEN.

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

Act of 1968 (42 U.S.C. 3796gg et seq.), as amended by section

906, is amended by adding at the end the following:

‘‘SEC. 2008. TRIBAL DEPUTY.

‘‘(a) ESTABLISHMENT.—There is established in the Office on

Violence Against Women a Deputy Director for Tribal Affairs.

‘‘(b) DUTIES.—

‘‘(1) IN GENERAL.—The Deputy Director shall under the

guidance and authority of the Director of the Office on Violence

Against Women—

‘‘(A) oversee and manage the administration of grants

to and contracts with Indian tribes, tribal courts, tribal

organizations, or tribal nonprofit organizations;

‘‘(B) ensure that, if a grant under this Act or a contract

pursuant to such a grant is made to an organization to

perform services that benefit more than 1 Indian tribe,

the approval of each Indian tribe to be benefitted shall

be a prerequisite to the making of the grant or letting

of the contract;

‘‘(C) coordinate development of Federal policy, protocols, and guidelines on matters relating to violence against

Indian women;

‘‘(D) advise the Director of the Office on Violence

Against Women concerning policies, legislation,

implementation of laws, and other issues relating to

violence against Indian women;

‘‘(E) represent the Office on Violence Against Women

in the annual consultations under section 903;

‘‘(F) provide technical assistance, coordination, and

support to other offices and bureaus in the Department

of Justice to develop policy and to enforce Federal laws

relating to violence against Indian women, including

through litigation of civil and criminal actions relating

to those laws;

Guidelines.

Grants.

Contracts.

42 USC

3796gg–11.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3083

‘‘(G) maintain a liaison with the judicial branches of

Federal, State, and tribal governments on matters relating

to violence against Indian women;

‘‘(H) support enforcement of tribal protection orders

and implementation of full faith and credit educational

projects and comity agreements between Indian tribes and

States; and

‘‘(I) ensure that adequate tribal technical assistance

is made available to Indian tribes, tribal courts, tribal

organizations, and tribal nonprofit organizations for all

programs relating to violence against Indian women.

‘‘(c) AUTHORITY.—

‘‘(1) IN GENERAL.—The Deputy Director shall ensure that

a portion of the tribal set-aside funds from any grant awarded

under this Act, the Violence Against Women Act of 1994 (title

IV of Public Law 103–322; 108 Stat. 1902), or the Violence

Against Women Act of 2000 (division B of Public Law 106–

386; 114 Stat. 1491) is used to enhance the capacity of Indian

tribes to address the safety of Indian women.

‘‘(2) ACCOUNTABILITY.—The Deputy Director shall ensure

that some portion of the tribal set-aside funds from any grant

made under this part is used to hold offenders accountable

through—

‘‘(A) enhancement of the response of Indian tribes to

crimes of domestic violence, dating violence, sexual assault,

and stalking against Indian women, including legal services

for victims and Indian-specific offender programs;

‘‘(B) development and maintenance of tribal domestic

violence shelters or programs for battered Indian women,

including sexual assault services, that are based upon the

unique circumstances of the Indian women to be served;

‘‘(C) development of tribal educational awareness programs and materials;

‘‘(D) support for customary tribal activities to

strengthen the intolerance of an Indian tribe to violence

against Indian women; and

‘‘(E) development, implementation, and maintenance

of tribal electronic databases for tribal protection order

registries.’’.

SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.

(a) FIREARMS POSSESSION PROHIBITIONS.—Section 921(33)(A)(i)

of title 18, United States Code, is amended to read: ‘‘(i) is a misdemeanor under Federal, State, or Tribal law; and’’.

(b) LAW ENFORCEMENT AUTHORITY.—Section 4(3) of the Indian

Law Enforcement Reform Act (25 U.S.C. 2803(3) is amended—

(1) in subparagraph (A), by striking ‘‘or’’;

(2) in subparagraph (B), by striking the semicolon and

inserting ‘‘, or’’; and

(3) by adding at the end the following:

‘‘(C) the offense is a misdemeanor crime of domestic

violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted

use of physical force, or the threatened use of a deadly

weapon, committed by a current or former spouse, parent,

or guardian of the victim, by a person with whom the

119 STAT. 3084 PUBLIC LAW 109–162—JAN. 5, 2006

victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse,

parent, or guardian, or by a person similarly situated to

a spouse, parent or guardian of the victim, and the

employee has reasonable grounds to believe that the person

to be arrested has committed, or is committing the crime;’’.

SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.

Chapter 7 of title 18, United States Code, is amended by

adding at the end the following:

‘‘§ 117. Domestic assault by an habitual offender

‘‘(a) IN GENERAL.—Any person who commits a domestic assault

within the special maritime and territorial jurisdiction of the United

States or Indian country and who has a final conviction on at

least 2 separate prior occasions in Federal, State, or Indian tribal

court proceedings for offenses that would be, if subject to Federal

jurisdiction—

‘‘(1) any assault, sexual abuse, or serious violent felony

against a spouse or intimate partner; or

‘‘(2) an offense under chapter 110A,

shall be fined under this title, imprisoned for a term of not more

than 5 years, or both, except that if substantial bodily injury results

from violation under this section, the offender shall be imprisoned

for a term of not more than 10 years.

‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section, the term

‘domestic assault’ means an assault committed by a current or

former spouse, parent, child, or guardian of the victim, by a person

with whom the victim shares a child in common, by a person

who is cohabitating with or has cohabitated with the victim as

a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.’’.

TITLE X—DNA FINGERPRINTING

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘DNA Fingerprint Act of 2005’’.

SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM

NATIONAL DNA INDEX.

Section 210304 of the DNA Identification Act of 1994 (42 U.S.C.

14132) is amended—

(1) in subsection (a)(1)(C), by striking ‘‘DNA profiles’’ and

all that follows through ‘‘, and’’;

(2) in subsection (d)(1), by striking subparagraph (A), and

inserting the following:

‘‘(A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in

subsection (a) the DNA analysis of a person included in

the index—

‘‘(i) on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense

(as determined under sections 3 and 4 of the DNA

Analysis Backlog Elimination Act of 2000 (42 U.S.C.

14135a, 14135b), respectively), if the Director receives,

for each conviction of the person of a qualifying offense,

Certification.

42 USC 13701

note.

DNA Fingerprint

Act of 2005.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3085

a certified copy of a final court order establishing that

such conviction has been overturned; or

‘‘(ii) on the basis of an arrest under the authority

of the United States, if the Attorney General receives,

for each charge against the person on the basis of

which the analysis was or could have been included

in the index, a certified copy of a final court order

establishing that such charge has been dismissed or

has resulted in an acquittal or that no charge was

filed within the applicable time period.’’;

(3) in subsection (d)(2)(A)(ii), by striking ‘‘all charges for’’

and all that follows, and inserting the following: ‘‘the responsible agency or official of that State receives, for each charge

against the person on the basis of which the analysis was

or could have been included in the index, a certified copy

of a final court order establishing that such charge has been

dismissed or has resulted in an acquittal or that no charge

was filed within the applicable time period.’’; and

(4) by striking subsection (e).

SEC. 1003. EXPANDED USE OF CODIS GRANTS.

Section 2(a)(1) of the DNA Analysis Backlog Elimination Act

of 2000 (42 U.S.C. 14135(a)(1)) is amended by striking ‘‘taken from

individuals convicted of a qualifying State offense (as determined

under subsection (b)(3))’’ and inserting ‘‘collected under applicable

legal authority’’.

SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION

FROM PERSONS ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.

(a) IN GENERAL.—Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘The Director’’ and

inserting the following:

‘‘(A) The Attorney General may, as prescribed by the

Attorney General in regulation, collect DNA samples from

individuals who are arrested or from non-United States

persons who are detained under the authority of the United

States. The Attorney General may delegate this function

within the Department of Justice as provided in section

510 of title 28, United States Code, and may also authorize

and direct any other agency of the United States that

arrests or detains individuals or supervises individuals

facing charges to carry out any function and exercise any

power of the Attorney General under this section.

‘‘(B) The Director’’; and

(B) in paragraphs (3) and (4), by striking ‘‘Director

of the Bureau of Prisons’’ each place it appears and

inserting ‘‘Attorney General, the Director of the Bureau

of Prisons,’’; and

(2) in subsection (b), by striking ‘‘Director of the Bureau

of Prisons’’ and inserting ‘‘Attorney General, the Director of

the Bureau of Prisons,’’.

(b) CONFORMING AMENDMENTS.—Subsections (b) and (c)(1)(A)

of section 3142 of title 18, United States Code, are each amended

by inserting ‘‘and subject to the condition that the person cooperate

in the collection of a DNA sample from the person if the collection

Regulations.

Certification.

119 STAT. 3086 PUBLIC LAW 109–162—JAN. 5, 2006

of such a sample is authorized pursuant to section 3 of the DNA

Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)’’ after

‘‘period of release’’.

SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE

OFFENSES.

Section 3297 of title 18, United States Code, is amended by

striking ‘‘except for a felony offense under chapter 109A,’’.

TITLE XI—DEPARTMENT OF JUSTICE

REAUTHORIZATION

Subtitle A—AUTHORIZATION OF

APPROPRIATIONS

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

2006.

There are authorized to be appropriated for fiscal year 2006,

to carry out the activities of the Department of Justice (including

any bureau, office, board, division, commission, subdivision, unit,

or other component thereof), the following sums:

(1) GENERAL ADMINISTRATION.—For General Administration: $161,407,000.

(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and Appeals: $216,286,000 for administration

of clemency petitions and for immigration-related activities.

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

Inspector General: $72,828,000, which shall include not to

exceed $10,000 to meet unforeseen emergencies of a confidential

character.

(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activities: $679,661,000, which shall include—

(A) not less than $4,000,000 for the investigation and

prosecution of denaturalization and deportation cases

involving alleged Nazi war criminals;

(B) not less than $15,000,000 for the investigation and

prosecution of violations of title 17 of the United States

Code;

(C) not to exceed $20,000 to meet unforeseen emergencies of a confidential character; and

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

of violations of chapter 77 of title 18 of the United States

Code.

(5) ANTITRUST DIVISION.—For the Antitrust Division:

$144,451,000.

(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,626,146,000.

(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal

Bureau of Investigation: $5,761,237,000, which shall include

not to exceed $70,000 to meet unforeseen emergencies of a

confidential character.

(8) UNITED STATES MARSHALS SERVICE.—For the United

States Marshals Service: $800,255,000.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3087

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

System, including the National Institute of Corrections:

$5,065,761,000.

(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug Enforcement Administration: $1,716,173,000, which shall

include not to exceed $70,000 to meet unforeseen emergencies

of a confidential character.

(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO- SIVES.—For the Bureau of Alcohol, Tobacco, Firearms and

Explosives: $923,613,000.

(12) FEES AND EXPENSES OF WITNESSES.—For Fees and

Expenses of Witnesses: $181,137,000, which shall include not

to exceed $8,000,000 for construction of protected witness

safesites.

(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For

Interagency Crime and Drug Enforcement: $661,940,000 for

expenses not otherwise provided for, for the investigation and

prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations

authorized by this paragraph may be used under authorities

available to the organizations reimbursed from such funds.

(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the

Foreign Claims Settlement Commission: $1,270,000.

(15) COMMUNITY RELATIONS SERVICE.—For the Community

Relations Service: $9,759,000.

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

Fund: $21,468,000 for expenses authorized by section 524 of

title 28, United States Code.

(17) UNITED STATES PAROLE COMMISSION.—For the United

States Parole Commission: $11,300,000.

(18) FEDERAL DETENTION TRUSTEE.—For the necessary

expenses of the Federal Detention Trustee: $1,222,000,000.

(19) JUSTICE INFORMATION SHARING TECHNOLOGY.—For necessary expenses for information sharing technology, including

planning, development, and deployment: $181,490,000.

(20) NARROW BAND COMMUNICATIONS.—For the costs of

conversion to narrowband communications, including the cost

for operation and maintenance of Land Mobile Radio legacy

systems: $128,701,000.

(21) ADMINISTRATIVE EXPENSES FOR CERTAIN ACTIVITIES.—

For the administrative expenses of the Office of Justice Programs, the Office on Violence Against Women, and Office of

Community Oriented Policing Services:

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

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

Women.

(C) $31,343,000 for the Office of Community Oriented

Policing Services.

SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

2007.

There are authorized to be appropriated for fiscal year 2007,

to carry out the activities of the Department of Justice (including

any bureau, office, board, division, commission, subdivision, unit,

or other component thereof), the following sums:

(1) GENERAL ADMINISTRATION.—For General Administration: $167,863,000.

119 STAT. 3088 PUBLIC LAW 109–162—JAN. 5, 2006

(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and Appeals: $224,937,000 for administration

of clemency petitions and for immigration-related activities.

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

Inspector General: $75,741,000, which shall include not to

exceed $10,000 to meet unforeseen emergencies of a confidential

character.

(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activities: $706,847,000, which shall include—

(A) not less than $4,000,000 for the investigation and

prosecution of denaturalization and deportation cases

involving alleged Nazi war criminals;

(B) not less than $15,600,000 for the investigation and

prosecution of violations of title 17 of the United States

Code;

(C) not to exceed $20,000 to meet unforeseen emergencies of a confidential character; and

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

of violations of chapter 77 of title 18 of the United States

Code.

(5) ANTITRUST DIVISION.—For the Antitrust Division:

$150,229,000.

(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,691,192,000.

(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal

Bureau of Investigation: $5,991,686,000, which shall include

not to exceed $70,000 to meet unforeseen emergencies of a

confidential character.

(8) UNITED STATES MARSHALS SERVICE.—For the United

States Marshals Service: $832,265,000.

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

System, including the National Institute of Corrections:

$5,268,391,000.

(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug

Enforcement Administration: $1,784,820,000, which shall

include not to exceed $70,000 to meet unforeseen emergencies

of a confidential character.

(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.—For the Bureau of Alcohol, Tobacco, Firearms and

Explosives: $960,558,000.

(12) FEES AND EXPENSES OF WITNESSES.—For Fees and

Expenses of Witnesses: $188,382,000, which shall include not

to exceed $8,000,000 for construction of protected witness

safesites.

(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For

Interagency Crime and Drug Enforcement: $688,418,000, for

expenses not otherwise provided for, for the investigation and

prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations

authorized by this paragraph may be used under authorities

available to the organizations reimbursed from such funds.

(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the

Foreign Claims Settlement Commission: $1,321,000.

(15) COMMUNITY RELATIONS SERVICE.—For the Community

Relations Service: $10,149,000.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3089

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

Fund: $22,000,000 for expenses authorized by section 524 of

title 28, United States Code.

(17) UNITED STATES PAROLE COMMISSION.—For the United

States Parole Commission: $11,752,000.

(18) FEDERAL DETENTION TRUSTEE.—For the necessary

expenses of the Federal Detention Trustee: $1,405,300,000.

(19) JUSTICE INFORMATION SHARING TECHNOLOGY.—For necessary expenses for information sharing technology, including

planning, development, and deployment: $188,750,000.

(20) NARROWBAND COMMUNICATIONS.—For the costs of

conversion to narrowband communications, including the cost

for operation and maintenance of Land Mobile Radio legacy

systems: $133,849,000.

(21) ADMINISTRATIVE EXPENSES FOR CERTAIN ACTIVITIES.—

For the administrative expenses of the Office of Justice Programs, the Office on Violence Against Women, and the Office

of Community Oriented Policing Services:

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

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

Women.

(C) $32,597,000 for the Office of Community Oriented

Policing Services.

SEC. 1103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

2008.

There are authorized to be appropriated for fiscal year 2008,

to carry out the activities of the Department of Justice (including

any bureau, office, board, division, commission, subdivision, unit,

or other component thereof), the following sums:

(1) GENERAL ADMINISTRATION.—For General Administration: $174,578,000.

(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and Appeals: $233,934,000 for administration

of clemency petitions and for immigration-related activities.

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

Inspector General: $78,771,000, which shall include not to

exceed $10,000 to meet unforeseen emergencies of a confidential

character.

(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activities: $735,121,000, which shall include—

(A) not less than $4,000,000 for the investigation and

prosecution of denaturalization and deportation cases

involving alleged Nazi war criminals;

(B) not less than $16,224,000 for the investigation and

prosecution of violations of title 17 of the United States

Code;

(C) not to exceed $20,000 to meet unforeseen emergencies of a confidential character; and

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

of violations of chapter 77 of title 18 of the United States

Code.

(5) ANTITRUST DIVISION.—For the Antitrust Division:

$156,238,000.

(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,758,840,000.

119 STAT. 3090 PUBLIC LAW 109–162—JAN. 5, 2006

(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal

Bureau of Investigation: $6,231,354,000, which shall include

not to exceed $70,000 to meet unforeseen emergencies of a

confidential character.

(8) UNITED STATES MARSHALS SERVICE.—For the United

States Marshals Service: $865,556,000.

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

System, including the National Institute of Corrections:

$5,479,127,000.

(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug

Enforcement Administration: $1,856,213,000, which shall

include not to exceed $70,000 to meet unforeseen emergencies

of a confidential character.

(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.—For the Bureau of Alcohol, Tobacco, Firearms and

Explosives: $998,980,000.

(12) FEES AND EXPENSES OF WITNESSES.—For Fees and

Expenses of Witnesses: $195,918,000, which shall include not

to exceed $8,000,000 for construction of protected witness

safesites.

(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For

Interagency Crime and Drug Enforcement: $715,955,000, for

expenses not otherwise provided for, for the investigation and

prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations

authorized by this paragraph may be used under authorities

available to the organizations reimbursed from such funds.

(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the

Foreign Claims Settlement Commission: $1,374,000.

(15) COMMUNITY RELATIONS SERVICE.—For the Community

Relations Service: $10,555,000.

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

Fund: $22,000,000 for expenses authorized by section 524 of

title 28, United States Code.

(17) UNITED STATES PAROLE COMMISSION.—For the United

States Parole Commission: $12,222,000.

(18) FEDERAL DETENTION TRUSTEE.—For the necessary

expenses of the Federal Detention Trustee: $1,616,095,000.

(19) JUSTICE INFORMATION SHARING TECHNOLOGY.—For necessary expenses for information sharing technology, including

planning, development, and deployment: $196,300,000.

(20) NARROWBAND COMMUNICATIONS.—For the costs of

conversion to narrowband communications, including the cost

for operation and maintenance of Land Mobile Radio legacy

systems: $139,203,000.

(21) ADMINISTRATIVE EXPENSES FOR CERTAIN ACTIVITIES.—

For the administrative expenses of the Office of Justice Programs, the Office on Violence Against Women, and the Office

of Community Oriented Policing Services:

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

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

Women.

(C) $33,901,000 for the Office of Community Oriented

Policing Services.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3091

SEC. 1104. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

2009.

There are authorized to be appropriated for fiscal year 2009,

to carry out the activities of the Department of Justice (including

any bureau, office, board, division, commission, subdivision, unit,

or other component thereof), the following sums:

(1) GENERAL ADMINISTRATION.—For General Administration: $181,561,000.

(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and Appeals: $243,291,000 for administration

of pardon and clemency petitions and for immigration-related

activities.

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

Inspector General: $81,922,000, which shall include not to

exceed $10,000 to meet unforeseen emergencies of a confidential

character.

(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activities: $764,526,000, which shall include—

(A) not less than $4,000,000 for the investigation and

prosecution of denaturalization and deportation cases

involving alleged Nazi war criminals;

(B) not less than $16,872,000 for the investigation and

prosecution of violations of title 17 of the United States

Code;

(C) not to exceed $20,000 to meet unforeseen emergencies of a confidential character; and

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

of violations of chapter 77 of title 18 of the United States

Code.

(5) ANTITRUST DIVISION.—For the Antitrust Division:

$162,488,000.

(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,829,194,000.

(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal

Bureau of Investigation: $6,480,608,000, which shall include

not to exceed $70,000 to meet unforeseen emergencies of a

confidential character.

(8) UNITED STATES MARSHALS SERVICE.—For the United

States Marshals Service: $900,178,000.

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

System, including the National Institute of Corrections:

$5,698,292,000.

(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug

Enforcement Administration: $1,930,462,000, which shall

include not to exceed $70,000 to meet unforeseen emergencies

of a confidential character.

(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.—For the Bureau of Alcohol, Tobacco, Firearms and

Explosives: $1,038,939,000.

(12) FEES AND EXPENSES OF WITNESSES.—For Fees and

Expenses of Witnesses: $203,755,000, which shall include not

to exceed $8,000,000 for construction of protected witness

safesites.

(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For

Interagency Crime and Drug Enforcement: $744,593,000, for

expenses not otherwise provided for, for the investigation and

119 STAT. 3092 PUBLIC LAW 109–162—JAN. 5, 2006

prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations

authorized by this paragraph may be used under authorities

available to the organizations reimbursed from such funds.

(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the

Foreign Claims Settlement Commission: $1,429,000.

(15) COMMUNITY RELATIONS SERVICE.—For the Community Relations Service: $10,977,000.

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

Fund: $22,000,000 for expenses authorized by section 524 of

title 28, United States Code.

(17) UNITED STATES PAROLE COMMISSION.—For the United

States Parole Commission: $12,711,000.

(18) FEDERAL DETENTION TRUSTEE.—For the necessary expenses of the Federal Detention Trustee: $1,858,509,000.

(19) JUSTICE INFORMATION SHARING TECHNOLOGY.—For necessary expenses for information sharing technology, including

planning, development, and deployment: $204,152,000.

(20) NARROWBAND COMMUNICATIONS.—For the costs of

conversion to narrowband communications, including the cost

for operation and maintenance of Land Mobile Radio legacy

systems: $144,771,000.

(21) ADMINISTRATIVE EXPENSES FOR CERTAIN ACTIVITIES.—

For the administrative expenses of the Office of Justice Programs, the Office on Violence Against Women, and the Office

of Community Oriented Policing Services:

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

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

Women.

(C) $35,257,000 for the Office of Community Oriented

Policing Services.

SEC. 1105. ORGANIZED RETAIL THEFT.

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

Bureau of Investigation, in consultation with the retail community,

shall establish a task force to combat organized retail theft and

provide expertise to the retail community for the establishment

of a national database or clearinghouse housed and maintained

in the private sector to track and identify where organized retail

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

national database shall allow Federal, State, and local law enforcement officials as well as authorized retail companies (and authorized

associated retail databases) to transmit information into the database electronically and to review information that has been submitted electronically.

(2) The Attorney General shall make available funds to provide

for the ongoing administrative and technological costs to federal

law enforcement agencies participating in the database project.

(3) The Attorney General through the Bureau of Justice Assistance in the Office of Justice may make grants to help provide

for the administrative and technological costs to State and local

law enforcement agencies participating in the data base project.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for each of fiscal years 2006 through 2009,

$5,000,000 for educating and training federal law enforcement

regarding organized retail theft, for investigating, apprehending

and prosecuting individuals engaged in organized retail theft, and

Establishment.

Records.

28 USC 509 note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3093

for working with the private sector to establish and utilize the

database described in subsection (a).

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

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

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

theft or shoplifting, if the violation consists of the theft of

quantities of items that would not normally be purchased for

personal use or consumption and for the purpose of reselling

the items or for reentering the items into commerce;

(2) the receipt, possession, concealment, bartering, sale,

transport, or disposal of any property that is know or should

be known to have been taken in violation of paragraph (1);

or

(3) the coordination, organization, or recruitment of persons

to undertake the conduct described in paragraph (1) or (2).

SEC. 1106. UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE.

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

United States-Mexico Border Violence Task Force in Laredo, Texas,

to combat drug and firearms trafficking, violence, and kidnapping

along the border between the United States and Mexico and to

provide expertise to the law enforcement and homeland security

agencies along the border between the United States and Mexico.

The Task Force shall include personnel from the Bureau of Alcohol,

Tobacco, Firearms, and Explosives, Immigration and Customs

Enforcement, the Drug Enforcement Administration, Customs and

Border Protection, other Federal agencies (as appropriate), the

Texas Department of Public Safety, and local law enforcement

agencies.

(2) The Attorney General shall make available funds to provide

for the ongoing administrative and technological costs to Federal,

State, and local law enforcement agencies participating in the Task

Force.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $10,000,000 for each of the fiscal years 2006

through 2009, for—

(1) the establishment and operation of the United StatesMexico Border Violence Task Force; and

(2) the investigation, apprehension, and prosecution of

individuals engaged in drug and firearms trafficking, violence,

and kidnapping along the border between the United States

and Mexico.

SEC. 1107. NATIONAL GANG INTELLIGENCE CENTER.

(a) ESTABLISHMENT.—The Attorney General shall establish a

National Gang Intelligence Center and gang information database

to be housed at and administered by the Federal Bureau of Investigation to collect, analyze, and disseminate gang activity information from—

(1) the Federal Bureau of Investigation;

(2) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

(3) the Drug Enforcement Administration;

(4) the Bureau of Prisons;

(5) the United States Marshals Service;

(6) the Directorate of Border and Transportation Security

of the Department of Homeland Security;

(7) the Department of Housing and Urban Development;

Records.

28 USC 534 note.

Establishment.

28 USC 509 note.

119 STAT. 3094 PUBLIC LAW 109–162—JAN. 5, 2006

(8) State and local law enforcement;

(9) Federal, State, and local prosecutors;

(10) Federal, State, and local probation and parole offices;

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

(12) any other entity as appropriate.

(b) INFORMATION.—The Center established under subsection

(a) shall make available the information referred to in subsection

(a) to—

(1) Federal, State, and local law enforcement agencies;

(2) Federal, State, and local corrections agencies and penal

institutions;

(3) Federal, State, and local prosecutorial agencies; and

(4) any other entity as appropriate.

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

(a) shall annually submit to Congress a report on gang activity.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $10,000,000 for fiscal

year 2006 and for each fiscal year thereafter.

Subtitle B—IMPROVING THE DEPARTMENT OF JUSTICE’S GRANT PROGRAMS

CHAPTER 1—ASSISTING LAW ENFORCEMENT AND

CRIMINAL JUSTICE AGENCIES

SEC. 1111. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW

ENFORCEMENT BLOCK GRANT PROGRAM.

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

and Safe Streets Act of 1968 is amended as follows:

(1) Subpart 1 of such part (42 U.S.C. 3751–3759) is

repealed.

(2) Such part is further amended—

(A) by inserting before section 500 (42 U.S.C. 3750)

the following new heading:

‘‘Subpart 1—Edward Byrne Memorial Justice

Assistance Grant Program’’;

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

‘‘SEC. 500. NAME OF PROGRAM.

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

subpart shall be known as the ‘Edward Byrne Memorial Justice

Assistance Grant Program’.

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

in a law, regulation, document, paper, or other record of the United

States to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, or to the Local Government Law

Enforcement Block Grants program, shall be deemed to be a reference to the grant program referred to in subsection (a).

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

other record of the United States to section 506 of this Act as

such section was in effect on the date of the enactment of the

Department of Justice Appropriations Authorization Act, Fiscal

42 USC 3750.

42 USC 3751 et

seq.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3095

Years 2006 through 2009, shall be deemed to be a reference to

section 505(a) of this Act as amended by the Department of Justice

Appropriations Authorization Act, Fiscal Years 2006 through 2009.’’;

and

(C) by inserting after section 500 the following new

sections:

‘‘SEC. 501. DESCRIPTION.

‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—From amounts made available to carry

out this subpart, the Attorney General may, in accordance

with the formula established under section 505, make grants

to States and units of local government, for use by the State

or unit of local government to provide additional personnel,

equipment, supplies, contractual support, training, technical

assistance, and information systems for criminal justice,

including for any one or more of the following programs:

‘‘(A) Law enforcement programs.

‘‘(B) Prosecution and court programs.

‘‘(C) Prevention and education programs.

‘‘(D) Corrections and community corrections programs.

‘‘(E) Drug treatment and enforcement programs.

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

programs.

‘‘(G) Crime victim and witness programs (other than

compensation).

‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) shall be construed to ensure that a grant under that paragraph may be

used for any purpose for which a grant was authorized to

be used under either or both of the programs specified in

section 500(b), as those programs were in effect immediately

before the enactment of this paragraph.

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

government may, in using a grant under this subpart for purposes

authorized by subsection (a), use all or a portion of that grant

to contract with or make one or more subawards to one or more—

‘‘(1) neighborhood or community-based organizations that

are private and nonprofit;

‘‘(2) units of local government; or

‘‘(3) tribal governments.

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

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

a program assessment component, developed pursuant to guidelines established by the Attorney General, in coordination with

the National Institute of Justice.

‘‘(2) The Attorney General may waive the requirement of

paragraph (1) with respect to a program if, in the opinion

of the Attorney General, the program is not of sufficient size

to justify a full program assessment.

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

of this Act, no funds provided under this subpart may be used,

directly or indirectly, to provide any of the following matters:

‘‘(1) Any security enhancements or any equipment to any

nongovernmental entity that is not engaged in criminal justice

or public safety.

‘‘(2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of

42 USC 3751.

119 STAT. 3096 PUBLIC LAW 109–162—JAN. 5, 2006

such funds to provide such matters essential to the maintenance

of public safety and good order—

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

(excluding police boats), or aircraft (excluding police helicopters);

‘‘(B) luxury items;

‘‘(C) real estate;

‘‘(D) construction projects (other than penal or correctional institutions); or

‘‘(E) any similar matters.

‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 percent of a

grant made under this subpart may be used for costs incurred

to administer such grant.

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

shall be four years, except that renewals and extensions beyond

that period may be granted at the discretion of the Attorney General.

‘‘(g) RULE OF CONSTRUCTION.—Subparagraph (d)(1) shall not

be construed to prohibit the use, directly or indirectly, of funds

provided under this subpart to provide security at a public event,

such as a political convention or major sports event, so long as

such security is provided under applicable laws and procedures.

‘‘SEC. 502. APPLICATIONS.

‘‘To request a grant under this subpart, the chief executive

officer of a State or unit of local government shall submit an

application to the Attorney General within 90 days after the date

on which funds to carry out this subpart are appropriated for

a fiscal year, in such form as the Attorney General may require.

Such application shall include the following:

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

this subpart will not be used to supplant State or local funds,

but will be used to increase the amounts of such funds that

would, in the absence of Federal funds, be made available

for law enforcement activities.

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

the application (or any amendment to the application) was

submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the

State or unit of local government (or to an organization designated by that governing body).

‘‘(3) An assurance that, before the application (or any

amendment to the application) was submitted to the Attorney

General—

‘‘(A) the application (or amendment) was made public;

and

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

(or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent

applicable law or established procedure makes such an

opportunity available.

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

an application, the applicant shall maintain and report such

data, records, and information (programmatic and financial)

as the Attorney General may reasonably require.

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

Attorney General and executed by the chief executive officer

Certification.

Records.

Public notice and

comment.

Certification.

Deadline.

42 USC 3752.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3097

of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General),

that—

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

all the requirements of this subpart;

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

is correct;

‘‘(C) there has been appropriate coordination with

affected agencies; and

‘‘(D) the applicant will comply with all provisions of

this subpart and all other applicable Federal laws.

‘‘SEC. 503. REVIEW OF APPLICATIONS.

‘‘The Attorney General shall not finally disapprove any application (or any amendment to that application) submitted under this

subpart without first affording the applicant reasonable notice of

any deficiencies in the application and opportunity for correction

and reconsideration.

‘‘SEC. 504. RULES.

‘‘The Attorney General shall issue rules to carry out this subpart. The first such rules shall be issued not later than one year

after the date on which amounts are first made available to carry

out this subpart.

‘‘SEC. 505. FORMULA.

‘‘(a) ALLOCATION AMONG STATES.—

‘‘(1) IN GENERAL.—Of the total amount appropriated for

this subpart, the Attorney General shall, except as provided

in paragraph (2), allocate—

‘‘(A) 50 percent of such remaining amount to each

State in amounts that bear the same ratio of—

‘‘(i) the total population of a State to—

‘‘(ii) the total population of the United States; and

‘‘(B) 50 percent of such remaining amount to each

State in amounts that bear the same ratio of—

‘‘(i) the average annual number of part 1 violent

crimes of the Uniform Crime Reports of the Federal

Bureau of Investigation reported by such State for

the three most recent years reported by such State

to—

‘‘(ii) the average annual number of such crimes

reported by all States for such years.

‘‘(2) MINIMUM ALLOCATION.—If carrying out paragraph (1)

would result in any State receiving an allocation less than

0.25 percent of the total amount (in this paragraph referred

to as a ‘minimum allocation State’), then paragraph (1), as

so carried out, shall not apply, and the Attorney General shall

instead—

‘‘(A) allocate 0.25 percent of the total amount to each

State; and

‘‘(B) using the amount remaining after carrying out

subparagraph (A), carry out paragraph (1) in a manner

that excludes each minimum allocation State, including

the population of and the crimes reported by such State.

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

GOVERNMENT.—Of the amounts allocated under subsection (a)—

42 USC 3755.

Deadline.

42 USC 3754.

42 USC 3753.

119 STAT. 3098 PUBLIC LAW 109–162—JAN. 5, 2006

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

be allocated under subsection (c); and

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

subsection (d).

‘‘(c) ALLOCATION FOR STATE GOVERNMENTS.—

‘‘(1) IN GENERAL.—Of the amounts allocated under subsection (b)(1), each State may retain for the purposes described

in section 501 an amount that bears the same ratio of—

‘‘(A) total expenditures on criminal justice by the State

government in the most recently completed fiscal year to—

‘‘(B) the total expenditure on criminal justice by the

State government and units of local government within

the State in such year.

‘‘(2) REMAINING AMOUNTS.—Except as provided in subsection (e)(1), any amounts remaining after the allocation

required by paragraph (1) shall be made available to units

of local government by the State for the purposes described

in section 501.

‘‘(d) ALLOCATIONS TO LOCAL GOVERNMENTS.—

‘‘(1) IN GENERAL.—Of the amounts allocated under subsection (b)(2), grants for the purposes described in section 501

shall be made directly to units of local government within

each State in accordance with this subsection, subject to subsection (e).

‘‘(2) ALLOCATION.—

‘‘(A) IN GENERAL.—From the amounts referred to in

paragraph (1) with respect to a State (in this subsection

referred to as the ‘local amount’), the Attorney General

shall allocate to each unit of local government an amount

which bears the same ratio to such share as the average

annual number of part 1 violent crimes reported by such

unit to the Federal Bureau of Investigation for the 3 most

recent calendar years for which such data is available

bears to the number of part 1 violent crimes reported

by all units of local government in the State in which

the unit is located to the Federal Bureau of Investigation

for such years.

‘‘(B) TRANSITIONAL RULE.—Notwithstanding subparagraph (A), for fiscal years 2006, 2007, and 2008, the

Attorney General shall allocate the local amount to units

of local government in the same manner that, under the

Local Government Law Enforcement Block Grants program

in effect immediately before the date of the enactment

of this section, the reserved amount was allocated among

reporting and nonreporting units of local government.

‘‘(3) ANNEXED UNITS.—If a unit of local government in

the State has been annexed since the date of the collection

of the data used by the Attorney General in making allocations

pursuant to this section, the Attorney General shall pay the

amount that would have been allocated to such unit of local

government to the unit of local government that annexed it.

‘‘(4) RESOLUTION OF DISPARATE ALLOCATIONS.—(A) Notwithstanding any other provision of this subpart, if—

‘‘(i) the Attorney General certifies that a unit of local

government bears more than 50 percent of the costs of

prosecution or incarceration that arise with respect to part

Certification.

Grants.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3099

1 violent crimes reported by a specified geographically constituent unit of local government; and

‘‘(ii) but for this paragraph, the amount of funds allocated under this section to—

‘‘(I) any one such specified geographically constituent unit of local government exceeds 150 percent

of the amount allocated to the unit of local government

certified pursuant to clause (i); or

‘‘(II) more than one such specified geographically

constituent unit of local government exceeds 400 percent of the amount allocated to the unit of local government certified pursuant to clause (i),

then in order to qualify for payment under this subsection,

the unit of local government certified pursuant to clause (i),

together with any such specified geographically constituent

units of local government described in clause (ii), shall submit

to the Attorney General a joint application for the aggregate

of funds allocated to such units of local government. Such

application shall specify the amount of such funds that are

to be distributed to each of the units of local government

and the purposes for which such funds are to be used. The

units of local government involved may establish a joint local

advisory board for the purposes of carrying out this paragraph.

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

unit of local government’ means a unit of local government

that has jurisdiction over areas located within the boundaries

of an area over which a unit of local government certified

pursuant to clause (i) has jurisdiction.

‘‘(e) LIMITATION ON ALLOCATIONS TO UNITS OF LOCAL GOVERNMENT.—

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

shall receive a total allocation under this section that exceeds

such unit’s total expenditures on criminal justice services for

the most recently completed fiscal year for which data are

available. Any amount in excess of such total expenditures

shall be allocated proportionally among units of local government whose allocations under this section do not exceed their

total expenditures on such services.

‘‘(2) ALLOCATIONS UNDER $10,000.—If the allocation under

this section to a unit of local government is less than $10,000

for any fiscal year, the direct grant to the State under subsection (c) shall be increased by the amount of such allocation,

to be distributed (for the purposes described in section 501)

among State police departments that provide criminal justice

services to units of local government and units of local government whose allocation under this section is less than $10,000.

‘‘(3) NON-REPORTING UNITS.—No allocation under this section shall be made to a unit of local government that has

not reported at least three years of data on part 1 violent

crimes of the Uniform Crime Reports to the Federal Bureau

of Investigation within the immediately preceding 10 years.

‘‘(f) FUNDS NOT USED BY THE STATE.—If the Attorney General

determines, on the basis of information available during any grant

period, that any allocation (or portion thereof) under this section

to a State for such grant period will not be required, or that

a State will be unable to qualify or receive funds under this subpart,

or that a State chooses not to participate in the program established

119 STAT. 3100 PUBLIC LAW 109–162—JAN. 5, 2006

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

shall be awarded by the Attorney General to units of local government, or combinations thereof, within such State, giving priority

to those jurisdictions with the highest annual number of part 1

violent crimes of the Uniform Crime Reports reported by the unit

of local government to the Federal Bureau of Investigation for

the three most recent calendar years for which such data are

available.

‘‘(g) SPECIAL RULES FOR PUERTO RICO.— ‘‘(1) ALL FUNDS SET ASIDE FOR COMMONWEALTH GOVERN- MENT.—Notwithstanding any other provision of this subpart,

the amounts allocated under subsection (a) to Puerto Rico,

100 percent shall be for direct grants to the Commonwealth

government of Puerto Rico.

‘‘(2) NO LOCAL ALLOCATIONS.—Subsections (c) and (d) shall

not apply to Puerto Rico.

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

out this section with respect to the State of Louisiana, the term

‘unit of local government’ means a district attorney or a parish

sheriff.

‘‘SEC. 506. RESERVED FUNDS.

‘‘(a) Of the total amount made available to carry out this

subpart for a fiscal year, the Attorney General shall reserve not

more than—

‘‘(1) $20,000,000, for use by the National Institute of Justice

in assisting units of local government to identify, select, develop,

modernize, and purchase new technologies for use by law

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

of Justice Statistics to collect data necessary for carrying out

this subpart; and

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

to States and units of local government to develop and implement antiterrorism training programs.

‘‘(b) Of the total amount made available to carry out this

subpart for a fiscal year, the Attorney General may reserve not

more than 5 percent, to be granted to 1 or more States or units

of local government, for 1 or more of the purposes specified in

section 501, pursuant to his determination that the same is

necessary—

‘‘(1) to combat, address, or otherwise respond to precipitous

or extraordinary increases in crime, or in a type or types

of crime; or

‘‘(2) to prevent, compensate for, or mitigate significant programmatic harm resulting from operation of the formula established under section 505.

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

‘‘(a) TRUST FUND REQUIRED.—A State or unit of local government shall establish a trust fund in which to deposit amounts

received under this subpart.

‘‘(b) EXPENDITURES.—

‘‘(1) IN GENERAL.—Each amount received under this subpart (including interest on such amount) shall be expended

before the date on which the grant period expires.

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

fails to expend an entire amount (including interest on such

Deadline.

42 USC 3757.

42 USC 3756.

Grants.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3101

amount) as required by paragraph (1) shall repay the unexpended portion to the Attorney General not later than 3 months

after the date on which the grant period expires.

‘‘(3) REDUCTION OF FUTURE AMOUNTS.—If a State or unit

of local government fails to comply with paragraphs (1) and

(2), the Attorney General shall reduce amounts to be provided

to that State or unit of local government accordingly.

‘‘(c) REPAID AMOUNTS.—Amounts received as repayments under

this section shall be subject to section 108 of this title as if such

amounts had not been granted and repaid. Such amounts shall

be deposited in the Treasury in a dedicated fund for use by the

Attorney General to carry out this subpart. Such funds are hereby

made available to carry out this subpart.

‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

‘‘There is authorized to be appropriated to carry out this subpart $1,095,000,000 for fiscal year 2006 and such sums as may be

necessary for each of fiscal years 2007 through 2009.’’.

(b) REPEALS OF CERTAIN AUTHORITIES RELATING TO BYRNE

GRANTS.—

(1) DISCRETIONARY GRANTS TO PUBLIC AND PRIVATE ENTITIES.—Chapter A of subpart 2 of Part E of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760–

3762) is repealed.

(2) TARGETED GRANTS TO CURB MOTOR VEHICLE THEFT.—

Subtitle B of title I of the Anti Car Theft Act of 1992 (42

U.S.C. 3750a–3750d) is repealed.

(c) CONFORMING AMENDMENTS.—

(1) CRIME IDENTIFICATION TECHNOLOGY ACT.—Subsection

(c)(2)(G) of section 102 of the Crime Identification Technology

Act of 1998 (42 U.S.C. 14601) is amended by striking ‘‘such

as’’ and all that follows through ‘‘the M.O.R.E. program’’ and

inserting ‘‘such as the Edward Byrne Justice Assistance Grant

Program and the M.O.R.E. program’’.

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

(A) in section 517 (42 U.S.C. 3763), in subsection (a)(1),

by striking ‘‘pursuant to section 511 or 515’’ and inserting

‘‘pursuant to section 515’’;

(B) in section 520 (42 U.S.C. 3766)—

(i) in subsection (a)(1), by striking ‘‘the program

evaluations as required by section 501(c) of this part’’

and inserting ‘‘program evaluations’’;

(ii) in subsection (a)(2), by striking ‘‘evaluations

of programs funded under section 506 (formula grants)

and sections 511 and 515 (discretionary grants) of this

part’’ and inserting ‘‘evaluations of programs funded

under section 505 (formula grants) and section 515

(discretionary grants) of this part’’; and

(iii) in subsection (b)(2), by striking ‘‘programs

funded under section 506 (formula grants) and section

511 (discretionary grants)’’ and inserting ‘‘programs

funded under section 505 (formula grants)’’;

(C) in section 522 (42 U.S.C. 3766b)—

(i) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘section 506’’ and inserting ‘‘section 505’’; and

42 USC 3758.

119 STAT. 3102 PUBLIC LAW 109–162—JAN. 5, 2006

(ii) in subsection (a)(1), by striking ‘‘an assessment

of the impact of such activities on meeting the needs

identified in the State strategy submitted under section

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

such activities on meeting the purposes of subpart

1’’;

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

following paragraph (5)—

(i) by striking ‘‘the purposes of section 501 of this

title’’ and inserting ‘‘the purposes of such subpart 1’’;

and

(ii) by striking ‘‘the application submitted pursuant

to section 503 of this title.’’ and inserting ‘‘the application submitted pursuant to section 502 of this title.

Such report shall include details identifying each

applicant that used any funds to purchase any cruiser,

boat, or helicopter and, with respect to such applicant,

specifying both the amount of funds used by such

applicant for each purchase of any cruiser, boat, or

helicopter and a justification of each such purchase

(and the Bureau of Justice Assistance shall submit

to the Committee of the Judiciary of the House of

Representatives and the Committee of the Judiciary

of the Senate, promptly after preparation of such report

a written copy of the portion of such report containing

the information required by this sentence).’’;

(E) in section 808 (42 U.S.C. 3789), by striking ‘‘the

State office described in section 507 or 1408’’ and inserting

‘‘the State office responsible for the trust fund required

by section 507, or the State office described in section

1408,’’;

(F) in section 901 (42 U.S.C. 3791), in subsection (a)(2),

by striking ‘‘for the purposes of section 506(a)’’ and

inserting ‘‘for the purposes of section 505(a)’’;

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

(i) in paragraph (1), by striking ‘‘section 506(a)’’

and inserting ‘‘section 505(a)’’;

(ii) in paragraph (2)—

(I) by striking ‘‘section 503(a)’’ and inserting

‘‘section 502’’; and

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

‘‘section 505’’;

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

(b), by striking ‘‘The office designated under section 507

of title I’’ and inserting ‘‘The office responsible for the

trust fund required by section 507’’;

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

(c)(1), by striking ‘‘and reflects consideration of the statewide strategy under section 503(a)(1)’’; and

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

(e), by striking ‘‘The Office designated under section 507’’

and inserting ‘‘The office responsible for the trust fund

required by section 507’’.

(d) APPLICABILITY.—The amendments made by this section shall

apply with respect to the first fiscal year beginning after the date

of the enactment of this Act and each fiscal year thereafter.

42 USC 3750

note.

Reports.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3103

SEC. 1112. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE

SELECTED IN A GIVEN YEAR TO RECEIVE PUBLIC SAFETY

OFFICER MEDAL OF VALOR.

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

of 2001 (42 U.S.C. 15202(c)) is amended by striking ‘‘more than

5 recipients’’ and inserting ‘‘more than 5 individuals, or groups

of individuals, as recipients’’.

SEC. 1113. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY

ATTORNEY GENERAL IN CONSIDERING APPLICATION

FOR EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.

Section 609M(b) of the Justice Assistance Act of 1984 (42 U.S.C.

10501(b)) is amended by striking ‘‘the Director of the Office of

Justice Assistance’’ and inserting ‘‘the Assistant Attorney General

for the Office of Justice Programs’’.

SEC. 1114. CLARIFICATION OF USES FOR REGIONAL INFORMATION

SHARING SYSTEM GRANTS.

Section 1301(b) of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796h(b)), as most recently amended by

section 701 of the USA PATRIOT Act (Public Law 107–56; 115

Stat. 374), is amended—

(1) in paragraph (1), by inserting ‘‘regional’’ before ‘‘information sharing systems’’;

(2) by amending paragraph (3) to read as follows:

‘‘(3) establishing and maintaining a secure telecommunications system for regional information sharing between Federal, State, tribal, and local law enforcement agencies;’’; and

(3) by striking ‘‘(5)’’ at the end of paragraph (4).

SEC. 1115. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL

RECORD DATABASES.

(a) DUTIES OF DIRECTOR.—Section 302 of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended—

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

the following new sentence: ‘‘The Director shall be responsible

for the integrity of data and statistics and shall protect against

improper or illegal use or disclosure.’’;

(2) by amending paragraph (19) of subsection (c) to read

as follows:

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

timeliness, immediate accessibility, and integration of State

criminal history and related records, support the development

and enhancement of national systems of criminal history and

related records including the National Instant Criminal Background Check System, the National Incident-Based Reporting

System, and the records of the National Crime Information

Center, facilitate State participation in national records and

information systems, and support statistical research for critical

analysis of the improvement and utilization of criminal history

records;’’; and

(3) in subsection (d)—

(A) by striking ‘‘and’’ at the end of paragraph (4);

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

(5) and inserting ‘‘; and’’; and

(C) by adding at the end the following:

119 STAT. 3104 PUBLIC LAW 109–162—JAN. 5, 2006

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

as needed to carry out the purposes of this part, including

by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data.’’.

(b) USE OF DATA.—Section 304 of such Act (42 U.S.C. 3735)

is amended by striking ‘‘particular individual’’ and inserting ‘‘private

person or public agency’’.

(c) CONFIDENTIALITY OF INFORMATION.—Section 812(a) of such

Act (42 U.S.C. 3789g(a)) is amended by striking ‘‘Except as provided

by Federal law other than this title, no’’ and inserting ‘‘No’’.

SEC. 1116. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW

ENFORCEMENT ARMOR VESTS.

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

and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended

by striking ‘‘2007’’ and inserting ‘‘2009’’.

CHAPTER 2—BUILDING COMMUNITY CAPACITY TO

PREVENT, REDUCE, AND CONTROL CRIME

SEC. 1121. OFFICE OF WEED AND SEED STRATEGIES.

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

and Safe Streets Act of 1968 is amended by inserting after section

102 (42 U.S.C. 3712) the following new sections:

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

‘‘(a) ESTABLISHMENT.—There is established within the Office

an Office of Weed and Seed Strategies, headed by a Director

appointed by the Attorney General.

‘‘(b) ASSISTANCE.—The Director may assist States, units of local

government, and neighborhood and community-based organizations

in developing Weed and Seed strategies, as provided in section

104.

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

to be appropriated to carry out this section $60,000,000 for fiscal

year 2006, and such sums as may be necessary for each of fiscal

years 2007, 2008, and 2009, to remain available until expended.

‘‘SEC. 104. WEED AND SEED STRATEGIES.

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

103(c), the Director of the Office of Weed and Seed Strategies

may implement strategies, to be known as Weed and Seed strategies, to prevent, control, and reduce violent crime, criminal drugrelated activity, and gang activity in designated Weed-and-Seed

communities. Each such strategy shall involve both of the following

activities:

‘‘(1) WEEDING.—Activities, to be known as Weeding activities, which shall include promoting and coordinating a broad

spectrum of community efforts (especially those of law enforcement agencies and prosecutors) to arrest, and to sanction or

incarcerate, persons in that community who participate or

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

other crimes that threaten the quality of life in that community.

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

which shall include promoting and coordinating a broad spectrum of community efforts (such as drug abuse education, mentoring, and employment counseling) to provide—

42 USC 3712b.

42 USC 3712a.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3105

‘‘(A) human services, relating to prevention, intervention, or treatment, for at-risk individuals and families;

and

‘‘(B) community revitalization efforts, including

enforcement of building codes and development of the

economy.

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

development and implementation of Weed and Seed strategies under

this section. The guidelines shall ensure that the Weed and Seed

strategy for a community referred to in subsection (a) shall—

‘‘(1) be planned and implemented through and under the

auspices of a steering committee, properly established in the

community, comprised of—

‘‘(A) in a voting capacity, representatives of—

‘‘(i) appropriate law enforcement agencies; and

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

neighborhood and community-based organizations,

interested in criminal justice and community-based

development and revitalization in the community; and

‘‘(B) in a voting capacity, both—

‘‘(i) the Drug Enforcement Administration’s special

agent in charge for the jurisdiction encompassing the

community; and

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

encompassing the community;

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

and private agencies, neighborhood and community-based

organizations, and interested citizens are to cooperate in implementing the strategy; and

‘‘(3) incorporate a community-policing component that shall

serve as a bridge between the Weeding activities under subsection (a)(1) and the Seeding activities under subsection (a)(2).

‘‘(c) DESIGNATION.—For a community to be designated as a

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

‘‘(1) the United States Attorney for the District encompassing the community must certify to the Director that—

‘‘(A) the community suffers from consistently high

levels of crime or otherwise is appropriate for such designation;

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

or implemented by the steering committee has a high probability of improving the criminal justice system within

the community and contains all the elements required by

the Director; and

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

the strategy appropriately; and

‘‘(2) the community must agree to formulate a timely and

effective plan to independently sustain the strategy (or, at

a minimum, a majority of the best practices of the strategy)

when assistance under this section is no longer available.

‘‘(d) APPLICATION.—An application for designation as a Weedand-Seed community for purposes of subsection (a) shall be submitted to the Director by the steering committee of the community

in such form, and containing such information and assurances,

as the Director may require. The application shall propose—

‘‘(1) a sustainable Weed and Seed strategy that includes—

119 STAT. 3106 PUBLIC LAW 109–162—JAN. 5, 2006

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

Attorney for the District encompassing the community, the

Drug Enforcement Administration’s special agent in charge

for the jurisdiction encompassing the community, and other

Federal law enforcement agencies operating in the vicinity;

‘‘(B) a significant community-oriented policing component; and

‘‘(C) demonstrated coordination with complementary

neighborhood and community-based programs and initiatives; and

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

objective indicia of performance to be used to evaluate the

effectiveness of the strategy.

‘‘(e) GRANTS.— ‘‘(1) IN GENERAL.—In implementing a strategy for a community under subsection (a), the Director may make grants to

that community.

‘‘(2) USES.—For each grant under this subsection, the

community receiving that grant may not use any of the grant

amounts for construction, except that the Assistant Attorney

General may authorize use of grant amounts for incidental

or minor construction, renovation, or remodeling.

‘‘(3) LIMITATIONS.—A community may not receive grants

under this subsection (or fall within such a community)—

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

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

the Assistant Attorney General may, in single increments

and only upon a showing of extraordinary circumstances,

authorize grants for not more than 3 additional separate

fiscal years; or

‘‘(C) in an aggregate amount of more than $1,000,000,

except that the Assistant Attorney General may, upon a

showing of extraordinary circumstances, authorize grants

for not more than an additional $500,000.

‘‘(4) DISTRIBUTION.—In making grants under this subsection, the Director shall ensure that—

‘‘(A) to the extent practicable, the distribution of such

grants is geographically equitable and includes both urban

and rural areas of varying population and area; and

‘‘(B) priority is given to communities that clearly and

effectively coordinate crime prevention programs with other

Federal programs in a manner that addresses the overall

needs of such communities.

‘‘(5) FEDERAL SHARE.—(A) Subject to subparagraph (B), the

Federal share of a grant under this subsection may not exceed

75 percent of the total costs of the projects described in the

application for which the grant was made.

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

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

‘‘(ii) may be waived by the Assistant Attorney General

upon a determination that the financial circumstances

affecting the applicant warrant a finding that such a waiver

is equitable.

‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To receive a grant under

this subsection, the applicant must provide assurances that

the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3107

be available for programs or services provided in the community.

‘‘SEC. 105. INCLUSION OF INDIAN TRIBES.

‘‘For purposes of sections 103 and 104, the term ‘State’ includes

an Indian tribal government.’’.

(b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED AND SEED;

TRANSFERS OF FUNCTIONS.— (1) ABOLISHMENT.—The Executive Office of Weed and Seed

is abolished.

(2) TRANSFER.—There are hereby transferred to the Office

of Weed and Seed Strategies all functions and activities performed immediately before the date of the enactment of this

Act by the Executive Office of Weed and Seed Strategies.

(c) EFFECTIVE DATE.—This section and the amendments made

by this section take effect 90 days after the date of the enactment

of this Act.

CHAPTER 3—ASSISTING VICTIMS OF CRIME

SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO

IMPROVE OUTREACH SERVICES TO VICTIMS OF CRIME.

Section 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C.

10603(c)), as most recently amended by section 623 of the USA

PATRIOT Act (Public Law 107–56; 115 Stat. 372), is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by

striking the comma after ‘‘Director’’;

(B) in subparagraph (A), by striking ‘‘and’’ at the end;

(C) in subparagraph (B), by striking the period at

the end and inserting ‘‘; and’’; and

(D) by adding at the end the following new subparagraph:

‘‘(C) for nonprofit neighborhood and community-based

victim service organizations and coalitions to improve outreach

and services to victims of crime.’’;

(2) in paragraph (2)—

(A) in subparagraph (A)—

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

‘‘paragraphs (1)(A) and (1)(C)’’; and

(ii) by striking ‘‘and’’ at the end;

(B) in subparagraph (B), by striking the period at

the end and inserting ‘‘; and’’; and

(C) by adding at the end the following new subparagraph:

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

grant under paragraph (1)(C).’’.

SEC. 1132. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES RELATING TO CRIME VICTIMS FUND.

Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.

10601) is amended as follows:

(1) AUTHORITY TO ACCEPT GIFTS.—Subsection (b)(5) of such

section is amended by striking the period at the end and

inserting the following: ‘‘, which the Director is hereby authorized to accept for deposit into the Fund, except that the Director

is not hereby authorized to accept any such gift, bequest, or

donation that—

42 USC 3712a

note.

42 USC 3712a

note.

42 USC 3712c.

119 STAT. 3108 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(A) attaches conditions inconsistent with applicable

laws or regulations; or

‘‘(B) is conditioned upon or would require the expenditure of appropriated funds that are not available to the

Office for Victims of Crime.’’.

(2) AUTHORITY TO REPLENISH ANTITERRORISM EMERGENCY

RESERVE.—Subsection (d)(5)(A) of such section is amended by

striking ‘‘expended’’ and inserting ‘‘obligated’’.

(3) AUTHORITY TO MAKE GRANTS TO INDIAN TRIBES FOR

VICTIM ASSISTANCE PROGRAMS.—Subsection (g) of such section

is amended—

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

the Director,’’;

(B) by redesignating paragraph (2) as paragraph (3);

and

(C) by inserting after paragraph (1) the following new

paragraph:

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

available under subsection (d)(2) (prior to distribution) for grants

to Indian tribes to establish child victim assistance programs, as

appropriate.’’.

SEC. 1133. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY

BE USED BY STATE FOR TRAINING PURPOSES.

(a) CRIME VICTIM COMPENSATION.—Section 1403(a)(3) of the

Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended

by inserting after ‘‘may be used for’’ the following: ‘‘training purposes and’’.

(b) CRIME VICTIM ASSISTANCE.—Section 1404(b)(3) of such Act

(42 U.S.C. 10603(b)(3)) is amended by inserting after ‘‘may be

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

SEC. 1134. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE

AGAINST WOMEN FORMULA AND DISCRETIONARY GRANT

PROGRAMS.

(a) CLARIFICATION OF STATE GRANTS.—Section 2007 of the

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

3796gg–1) is amended—

(1) in subsection (c)(3)(A), by striking ‘‘police’’ and inserting

‘‘law enforcement’’; and

(2) in subsection (d)—

(A) in the second sentence, by inserting after ‘‘each

application’’ the following: ‘‘submitted by a State’’; and

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

and inserting ‘‘In addition, each application submitted by

a State or tribal government’’.

(b) CHANGE FROM ANNUAL TO BIENNIAL REPORTING.—Section

2009(b) of such Act (42 U.S.C. 3796gg–3) is amended by striking

‘‘Not later than’’ and all that follows through ‘‘the Attorney General

shall submit’’ and inserting the following: ‘‘Not later than one

month after the end of each even-numbered fiscal year, the Attorney

General shall submit’’.

SEC. 1135. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO

BIENNIAL.

(a) STALKING AND DOMESTIC VIOLENCE.—Section 40610 of the

Violence Against Women Act of 1994 (title IV of the Violent Crime

Control and Law Enforcement Act of 1994; 42 U.S.C. 14039) is

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3109

amended by striking ‘‘The Attorney General shall submit to the

Congress an annual report, beginning one year after the date of

the enactment of this Act, that provides’’ and inserting ‘‘Each evennumbered fiscal year, the Attorney General shall submit to the

Congress a biennial report that provides’’.

(b) SAFE HAVENS FOR CHILDREN.—Subsection 1301(d)(l) of the

Victims of Trafficking and Violence Protection Act of 2000 (42

U.S.C. 10420(d)(l)) is amended in the matter preceding subparagraph (A) by striking ‘‘Not later than 1 year after the last day

of the first fiscal year commencing on or after the date of enactment

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

each fiscal year thereafter,’’ and inserting ‘‘Not later than 1 month

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

(c) STOP VIOLENCE AGAINST WOMEN FORMULA GRANTS.—Subsection 2009(b) of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796gg–3), is amended by striking ‘‘Not

later than’’ and all that follows through ‘‘the Attorney General

shall submit’’ and inserting the following: ‘‘Not later than 1 month

after the end of each even-numbered fiscal year, the Attorney General shall submit’’.

(d) GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN ON

CAMPUS.—Subsection 826(d)(3) of the Higher Education Amendments Act of 1998 (20 U.S.C. 1152 (d)(3)) is amended by striking

from ‘‘Not’’ through and including ‘‘under this section’’ and inserting

‘‘Not later than 1 month after the end of each even-numbered

fiscal year’’.

(e) TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.—

Subsection 40299(f) of the Violence Against Women Act of 1994

(42 U.S.C. 13975(f)) is amended by striking ‘‘shall annually prepare

and submit to the Committee on the Judiciary of the House of

Representatives and the Committee on the Judiciary of the Senate

a report that contains a compilation of the information contained

in the report submitted under subsection (e) of this section.’’ and

inserting ‘‘shall prepare and submit to the Committee on the

Judiciary of the House of Representatives and the Committee on

the Judiciary of the Senate a report that contains a compilation

of the information contained in the report submitted under subsection (e) of this section not later than one month after the end

of each even-numbered fiscal year.’’.

SEC. 1136. GRANTS FOR YOUNG WITNESS ASSISTANCE.

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

Bureau of Justice Assistance, may make grants to State and local

prosecutors and law enforcement agencies in support of juvenile

and young adult witness assistance programs.

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

may be used—

(1) to assess the needs of juvenile and young adult witnesses;

(2) to develop appropriate program goals and objectives;

and

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

(A) counseling services to young witnesses dealing with

trauma associated in witnessing a violent crime;

42 USC 3743.

119 STAT. 3110 PUBLIC LAW 109–162—JAN. 5, 2006

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

their family;

(C) providing education services if the child is removed

from or changes their school for safety concerns;

(D) protective services for young witnesses and their

families when a serious threat of harm from the perpetrators or their associates is made; and

(E) community outreach and school-based initiatives

that stimulate and maintain public awareness and support.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘juvenile’’ means an individual who is age

17 or younger.

(2) The term ‘‘young adult’’ means an individual who is

age 21 or younger but not a juvenile.

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

the Commonwealth of Puerto Rico, the Virgin Islands, American

Samoa, Guam, and the Northern Mariana Islands.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $3,000,000 for each

of fiscal years 2006 through 2009.

CHAPTER 4—PREVENTING CRIME

SEC. 1141. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER

FOR PURPOSES OF JUVENILE DRUG COURTS.

Section 2953(b) of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3797u–2(b)) is amended in the matter preceding paragraph (1) by striking ‘‘an offense that’’ and inserting

‘‘a felony-level offense that’’.

SEC. 1142. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS

FOR DRUG COURTS.

(a) MINIMUM ALLOCATION REPEALED.—Section 2957 of such

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

and inserting the following:

‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Unless one or more

applications submitted by any State or unit of local government

within such State (other than an Indian tribe) for a grant under

this part has been funded in any fiscal year, such State, together

with eligible applicants within such State, shall be provided targeted technical assistance and training by the Community Capacity

Development Office to assist such State and such eligible applicants

to successfully compete for future funding under this part, and

to strengthen existing State drug court systems. In providing such

technical assistance and training, the Community Capacity Development Office shall consider and respond to the unique needs of

rural States, rural areas and rural communities.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(25)(A)

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

of 1968 (42 U.S.C. 3793(25)(A)) is amended by adding at the end

the following:

‘‘(v) $70,000,000 for each of fiscal years 2007 and

2008.’’.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3111

SEC. 1143. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS

PROGRAM EXTENDED TO COURTS THAT SUPERVISE NONOFFENDERS WITH SUBSTANCE ABUSE PROBLEMS.

Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is

amended by striking ‘‘offenders with substance abuse problems’’

and inserting ‘‘offenders, and other individuals under the jurisdiction of the court, with substance abuse problems’’.

SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT

PROGRAM FOR LOCAL FACILITIES.

Section 1904 of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796ff–3) is amended by adding at the

end the following new subsection:

‘‘(d) DEFINITION.—In this section, the term ‘residential substance abuse treatment program’ means a course of individual

and group activities, lasting between 6 and 12 months, in residential

treatment facilities set apart from the general prison population—

‘‘(1) directed at the substance abuse problems of the prisoners;

‘‘(2) intended to develop the prisoner’s cognitive, behavioral,

social, vocational and other skills so as to solve the prisoner’s

substance abuse and other problems; and

‘‘(3) which may include the use of pharmacotherapies,

where appropriate, that may extend beyond the treatment

period.’’.

SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT

PROGRAM FOR STATE PRISONERS.

(a) ENHANCED DRUG SCREENINGS REQUIREMENT.—Subsection

(b) of section 1902 of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796ff—1(b)) is amended to read as follows:

‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—To be eligible

to receive funds under this part, a State must agree to implement

or continue to require urinalysis or other proven reliable forms

of testing, including both periodic and random testing—

‘‘(1) of an individual before the individual enters a residential substance abuse treatment program and during the period

in which the individual participates in the treatment program;

and

‘‘(2) of an individual released from a residential substance

abuse treatment program if the individual remains in the custody of the State.’’.

(b) AFTERCARE SERVICES REQUIREMENT.—Subsection (c) of such

section is amended—

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

‘‘ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT’’ and inserting ‘‘AFTERCARE SERVICES REQUIREMENT’’;

and

(2) by amending paragraph (1) to read as follows:

‘‘(1) To be eligible for funding under this part, a State

shall ensure that individuals who participate in the substance

abuse treatment program established or implemented with

assistance provided under this part will be provided with after

care services.’’; and

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

‘‘(4) After care services required by this subsection shall

be funded through funds provided for this part.’’.

119 STAT. 3112 PUBLIC LAW 109–162—JAN. 5, 2006

(c) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY-BASED DRUG

TREATMENT PROGRAMS.—Section 1903 of such Act (42 U.S.C.

3796ff–2) is amended by adding at the end the following new

subsection:

‘‘(e) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY-BASED

DRUG TREATMENT PROGRAMS.—In considering an application submitted by a State under section 1902, the Attorney General shall

give priority to an application that involves a partnership between

the State and a community-based drug treatment program within

the State.’’.

SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM

FOR FEDERAL FACILITIES.

Section 3621(e) of title 18, United States Code, is amended—

(1) by striking paragraph (4) and inserting the following:

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to carry out this subsection such sums as may

be necessary for each of fiscal years 2007 through 2011.’’; and

(2) in paragraph (5)(A)—

(A) in clause (i) by striking ‘‘and’’ after the semicolon;

(B) in clause (ii) by inserting ‘‘and’’ after the semicolon;

and

(C) by adding at the end the following:

‘‘(iii) which may include the use of

pharmacoptherapies, if appropriate, that may extend

beyond the treatment period;’’.

CHAPTER 5—OTHER MATTERS

SEC. 1151. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.

(a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM PAYING STATES

INTEREST ON LATE DISBURSEMENTS ALSO EXEMPTED FROM PAYING

CHARGE TO TREASURY FOR UNTIMELY DISBURSEMENTS.—Section

204(f) of Public Law 107–273 (116 Stat. 1776; 31 U.S.C. 6503

note) is amended—

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

3335(b) or 6503(d)’’; and

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

3335(b) or 6503’’.

(b) SOUTHWEST BORDER PROSECUTOR INITIATIVE INCLUDED

AMONG SUCH EXEMPTED PROGRAMS.—Section 204(f) of such Act

is further amended by striking ‘‘pursuant to section 501(a)’’ and

inserting ‘‘pursuant to the Southwest Border Prosecutor Initiative

(as carried out pursuant to paragraph (3) (117 Stat. 64) under

the heading relating to Community Oriented Policing Services of

the Department of Justice Appropriations Act, 2003 (title I of division B of Public Law 108–7), or as carried out pursuant to any

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

(c) ATFE UNDERCOVER INVESTIGATIVE OPERATIONS.—Section

102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993, as in effect pursuant to section 815(d) of the

Antiterrorism and Effective Death Penalty Act of 1996 shall apply

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

Explosives and the undercover investigative operations of the

Bureau on the same basis as such section applies with respect

to any other agency and the undercover investigative operations

of such agency.

Applicability.

28 USC 533 note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3113

SEC. 1152. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.

(a) COORDINATE AND SUPPORT OFFICE FOR VICTIMS OF CRIME.—

Section 102 of the Omnibus Crime Control and Safe Streets Act

of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) by inserting

after ‘‘the Bureau of Justice Statistics,’’ the following: ‘‘the Office

for Victims of Crime,’’.

(b) SETTING GRANT CONDITIONS AND PRIORITIES.—Such section

is further amended in subsection (a)(6) by inserting ‘‘, including

placing special conditions on all grants, and determining priority

purposes for formula grants’’ before the period at the end.

SEC. 1153. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEXOFFENDER REGISTRATION LAWS.

(a) COMPLIANCE PERIOD.—A State shall not be treated, for

purposes of any provision of law, as having failed to comply with

section 170101 (42 U.S.C. 14071) or 170102 (42 U.S.C. 14072)

of the Violent Crime Control and Law Enforcement Act of 1994

until 36 months after the date of the enactment of this Act, except

that the Attorney General may grant an additional 24 months

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

sections.

(b) TIME FOR REGISTRATION OF CURRENT ADDRESS.—Subsection

(a)(1)(B) of such section 170101 is amended by striking ‘‘unless

such requirement is terminated under’’ and inserting ‘‘for the time

period specified in’’.

SEC. 1154. REPEAL OF CERTAIN PROGRAMS.

(a) SAFE STREETS ACT PROGRAM.—The Criminal Justice Facility

Construction Pilot program (part F; 42 U.S.C. 3769–3769d) of title

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

is repealed.

(b) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT PROGRAMS.—The following provisions of the Violent Crime Control and

Law Enforcement Act of 1994 are repealed:

(1) LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM.—

Subtitle B of title III (42 U.S.C. 13751–13758).

(2) ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH.—Subtitle G of title III (42 U.S.C. 13801–13802).

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

(4) OTHER STATE AND LOCAL AID.—Subtitle F of title XXI

(42 U.S.C. 14161).

SEC. 1155. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.

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

Streets Act of 1968 is amended as follows:

(1) NOTICE AND HEARING ON DENIAL OR TERMINATION OF

GRANT.—Section 802 (42 U.S.C. 3783) of such part is amended—

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

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

(2) FINALITY OF DETERMINATIONS.—Section 803 (42 U.S.C.

3784) of such part is amended—

(A) by striking ‘‘, after reasonable notice and opportunity for a hearing,’’; and

(B) by striking ‘‘, except as otherwise provided herein’’.

18 USC 922 note.

42 USC 14071

note.

119 STAT. 3114 PUBLIC LAW 109–162—JAN. 5, 2006

(3) REPEAL OF APPELLATE COURT REVIEW.—Section 804 (42

U.S.C. 3785) of such part is repealed.

SEC. 1156. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME

CONTROL AND SAFE STREETS ACT OF 1968.

Section 901 of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3791) is amended as follows:

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

amended by striking ‘‘(as that term is defined in section 103

of the Juvenile Justice and Delinquency Prevention Act of

1974 (42 U.S.C. 5603))’’.

(2) COMBINATION.—Subsection (a)(5) of such section is

amended by striking ‘‘program or project’’ and inserting ‘‘program, plan, or project’’.

(3) NEIGHBORHOOD OR COMMUNITY-BASED ORGANIZA- TIONS.—Subsection (a)(11) of such section is amended by

striking ‘‘which’’ and inserting ‘‘, including faith-based, that’’.

(4) INDIAN TRIBE; PRIVATE PERSON.—Subsection (a) of such

section is further amended—

(A) in paragraph (24) by striking ‘‘and’’ at the end;

(B) in paragraph (25) by striking the period at the

end and inserting a semicolon; and

(C) by adding at the end the following new paragraphs:

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

term ‘Indian tribe’ in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); and

‘‘(27) the term ‘private person’ means any individual

(including an individual acting in his official capacity) and

any private partnership, corporation, association, organization,

or entity (or any combination thereof).’’.

SEC. 1157. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO PRISONERS FOR HEALTH CARE ITEMS AND

SERVICES.

Section 4006 of title 18, United States Code, is amended—

(1) in subsection (a) by inserting after ‘‘The Attorney General’’ the following: ‘‘or the Secretary of Homeland Security,

as applicable,’’; and

(2) in subsection (b)(1)—

(A) by striking ‘‘the Immigration and Naturalization

Service’’ and inserting ‘‘the Department of Homeland Security’’;

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

amount’’ and inserting ‘‘shall be the amount billed, not

to exceed the amount’’;

(C) by striking ‘‘items and services’’ and all that follows

through ‘‘the Medicare program’’ and inserting ‘‘items and

services under the Medicare program’’; and

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

the period at the end and inserting a period.

SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.

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

and Safe Streets Act of 1968 is amended by adding after section

104, as added by section 211 of this Act, the following new section:

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

‘‘(a) ESTABLISHMENT.—

42 USC 3712d.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3115

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

an Office of Audit, Assessment, and Management, headed by

a Director appointed by the Attorney General. In carrying

out the functions of the Office, the Director shall be subject

to the authority, direction, and control of the Attorney General.

Such authority, direction, and control may be delegated only

to the Assistant Attorney General, without redelegation.

‘‘(2) PURPOSE.—The purpose of the Office shall be to carry

out and coordinate program assessments of, take actions to

ensure compliance with the terms of, and manage information

with respect to, grants under programs covered by subsection

(b). The Director shall take special conditions of the grant

into account and consult with the office that issued those conditions to ensure appropriate compliance.

‘‘(3) EXCLUSIVITY.—The Office shall be the exclusive element of the Department of Justice, other than the Inspector

General, performing functions and activities for the purpose

specified in paragraph (2). There are hereby transferred to

the Office all functions and activities, other than functions

and activities of the Inspector General, for such purpose performed immediately before the date of the enactment of this

Act by any other element of the Department.

‘‘(b) COVERED PROGRAMS.—The programs referred to in subsection (a) are the following:

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

‘‘(2) Any grant program carried out by the Office of Justice

Programs.

‘‘(3) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate.

‘‘(c) PROGRAM ASSESSMENTS REQUIRED.—

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

under the programs covered by subsection (b) and carry out

program assessments on such grants. In selecting such grants,

the Director shall ensure that the aggregate amount awarded

under the grants so selected represent not less than 10 percent

of the aggregate amount of money awarded under all such

grant programs.

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

does not affect the authority or duty of the Director of the

National Institute of Justice to carry out overall evaluations

of programs covered by subsection (b), except that such Director

shall consult with the Director of the Office in carrying out

such evaluations.

‘‘(3) TIMING OF PROGRAM ASSESSMENTS.—The program

assessment required by paragraph (1) of a grant selected under

paragraph (1) shall be carried out—

‘‘(A) not later than the end of the grant period, if

the grant period is not more than 1 year; and

‘‘(B) at the end of each year of the grant period, if

the grant period is more than 1 year.

‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The Director shall take

such actions to ensure compliance with the terms of a grant as

the Director considers appropriate with respect to each grant that

the Director determines (in consultation with the head of the element of the Department of Justice concerned), through a program

Grants.

Government

organization.

119 STAT. 3116 PUBLIC LAW 109–162—JAN. 5, 2006

assessment under subsection (a) or other means, is not in compliance with such terms. In the case of a misuse of more than 1

percent of the grant amount concerned, the Director shall, in addition to any other action to ensure compliance that the Director

considers appropriate, ensure that the entity responsible for such

misuse ceases to receive any funds under any program covered

by subsection (b) until such entity repays to the Attorney General

an amount equal to the amounts misused. The Director may, in

unusual circumstances, grant relief from this requirement to ensure

that an innocent party is not punished.

‘‘(e) GRANT MANAGEMENT SYSTEM.—The Director shall establish

and maintain, in consultation with the chief information officer

of the Office, a modern, automated system for managing all information relating to the grants made under the programs covered by

subsection (b).

‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 3 percent of all

funding made available for a fiscal year for the programs covered

by subsection (b) shall be reserved for the Office of Audit, Assessment and Management for the activities authorized by this section.’’.

(b) EFFECTIVE DATE.—This section and the amendment made

by this section take effect 90 days after the date of the enactment

of this Act.

SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

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

and Safe Streets Act of 1968 is amended by adding after section

105, as added by section 248 of this Act, the following new section:

‘‘SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is established within the Office

a Community Capacity Development Office, headed by a

Director appointed by the Attorney General. In carrying out

the functions of the Office, the Director shall be subject to

the authority, direction, and control of the Attorney General.

Such authority, direction, and control may be delegated only

to the Assistant Attorney General, without redelegation.

‘‘(2) PURPOSE.—The purpose of the Office shall be to provide

training to actual and prospective participants under programs

covered by section 105(b) to assist such participants in understanding the substantive and procedural requirements for

participating in such programs.

‘‘(3) EXCLUSIVITY.—The Office shall be the exclusive element of the Department of Justice performing functions and

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

are hereby transferred to the Office all functions and activities

for such purpose performed immediately before the date of

the enactment of this Act by any other element of the Department. This does not preclude a grant-making office from providing specialized training and technical assistance in its area

of expertise.

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

of the other elements of the Department, carry out the purpose

of the Office through the following means:

‘‘(1) Promoting coordination of public and private efforts

and resources within or available to States, units of local

government, and neighborhood and community-based organizations.

Government

organization.

42 USC 3712e.

42 USC 3712d

note.

Establishment.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3117

‘‘(2) Providing information, training, and technical assistance.

‘‘(3) Providing support for inter- and intra-agency task

forces and other agreements and for assessment of the effectiveness of programs, projects, approaches, or practices.

‘‘(4) Providing in the assessment of the effectiveness of

neighborhood and community-based law enforcement and crime

prevention strategies and techniques, in coordination with the

National Institute of Justice.

‘‘(5) Any other similar means.

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

be provided on a regional basis to groups of such participants.

In a case in which remedial training is appropriate, as recommended

by the Director or the head of any element of the Department,

such training may be provided on a local basis to a single such

participant.

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

‘‘(1) identify grants under which clearly beneficial outcomes

were obtained, and the characteristics of those grants that

were responsible for obtaining those outcomes; and

‘‘(2) incorporate those characteristics into the training provided under this section.

‘‘(e) AVAILABILITY OF FUNDS.—not to exceed 3 percent of all

funding made available for a fiscal year for the programs covered

by section 105(b) shall be reserved for the Community Capacity

Development Office for the activities authorized by this section.’’.

(b) EFFECTIVE DATE.—This section and the amendment made

by this section take effect 90 days after the date of the enactment

of this Act.

SEC. 1160. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

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

and Safe Streets Act of 1968 is amended by adding after section

106, as added by section 249 of this Act, the following new section:

‘‘SEC. 107. DIVISION OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

‘‘(a) ESTABLISHMENT.—There is established within the Office

of Science and Technology, the Division of Applied Law Enforcement

Technology, headed by an individual appointed by the Attorney

General. The purpose of the Division shall be to provide leadership

and focus to those grants of the Department of Justice that are

made for the purpose of using or improving law enforcement computer systems.

‘‘(b) DUTIES.—In carrying out the purpose of the Division, the

head of the Division shall—

‘‘(1) establish clear minimum standards for computer systems that can be purchased using amounts awarded under

such grants; and

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

to participate in crime reporting programs administered by

the Department, such as Uniform Crime Reports or the

National Incident-Based Reporting System.’’.

(b) EFFECTIVE DATE.—This section and the amendment made

by this section take effect 90 days after the date of the enactment

of this Act.

42 USC 3712f

note.

42 USC 3712f.

42 USC 3712e

note.

119 STAT. 3118 PUBLIC LAW 109–162—JAN. 5, 2006

SEC. 1161. AVAILABILITY OF FUNDS FOR GRANTS.

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

and Safe Streets Act of 1968 is amended by adding after section

107, as added by section 250 of this Act, the following new section:

‘‘SEC. 108. AVAILABILITY OF FUNDS.

‘‘(a) PERIOD FOR AWARDING GRANT FUNDS.— ‘‘(1) IN GENERAL.—Unless otherwise specifically provided

in an authorization, DOJ grant funds for a fiscal year shall

remain available to be awarded and distributed to a grantee

only in that fiscal year and the three succeeding fiscal years,

subject to paragraphs (2) and (3). DOJ grant funds not so

awarded and distributed shall revert to the Treasury.

‘‘(2) TREATMENT OF REPROGRAMMED FUNDS.—DOJ grant

funds for a fiscal year that are reprogrammed in a later fiscal

year shall be treated for purposes of paragraph (1) as DOJ

grant funds for such later fiscal year.

‘‘(3) TREATMENT OF DEOBLIGATED FUNDS.—If DOJ grant

funds were obligated and then deobligated, the period of availability that applies to those grant funds under paragraph (1)

shall be extended by a number of days equal to the number

of days from the date on which those grant funds were obligated

to the date on which those grant funds were deobligated.

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

for a fiscal year that have been awarded and distributed to a

grantee may be expended by that grantee only in the period permitted under the terms of the grant. DOJ grant funds not so

expended shall revert to the Treasury.

‘‘(c) DEFINITION.—In this section, the term ‘DOJ grant funds’

means, for a fiscal year, amounts appropriated for activities of

the Department of Justice in carrying out grant programs for that

fiscal year.

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

for fiscal years beginning with fiscal year 2006.’’.

(b) EFFECTIVE DATE.—This section and the amendment made

by this section take effect 90 days after the date of the enactment

of this Act.

SEC. 1162. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS

OF OFFICE OF JUSTICE PROGRAMS.

(a) CONSOLIDATION OF ACCOUNTING ACTIVITIES AND PROCUREMENT ACTIVITIES.—The Assistant Attorney General of the Office

of Justice Programs, in coordination with the Chief Information

Officer and Chief Financial Officer of the Department of Justice,

shall ensure that—

(1) all accounting activities for all elements of the Office

of Justice Programs are carried out under the direct management of the Office of the Comptroller; and

(2) all procurement activities for all elements of the Office

are carried out under the direct management of the Office

of Administration.

(b) FURTHER CONSOLIDATION OF PROCUREMENT ACTIVITIES.—

The Assistant Attorney General, in coordination with the Chief

Information Officer and Chief Financial Officer of the Department

of Justice, shall ensure that, on and after September 30, 2008—

(1) all procurement activities for all elements of the Office

are carried out through a single management office; and

Effective date.

42 USC 3715a.

42 USC 3712g

note.

42 USC 3712g.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3119

(2) all contracts and purchase orders used in carrying out

those activities are processed through a single procurement

system.

(c) CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS.—The

Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2010, all financial

management activities (including human resources, payroll, and

accounting activities, as well as procurement activities) of all elements of the Office are carried out through a single financial

management system.

(d) ACHIEVING COMPLIANCE.—

(1) SCHEDULE.—The Assistant Attorney General shall

undertake a scheduled consolidation of operations to achieve

compliance with the requirements of this section.

(2) SPECIFIC REQUIREMENTS.—With respect to achieving

compliance with the requirements of—

(A) subsection (a), the consolidation of operations shall

be initiated not later than 90 days after the date of the

enactment of this Act; and

(B) subsections (b) and (c), the consolidation of operations shall be initiated not later than September 30, 2006,

and shall be carried out by the Office of Administration,

in consultation with the Chief Information Officer and the

Office of Audit, Assessment, and Management.

SEC. 1163. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO

SINGLE GRANT PROGRAM.

(a) IN GENERAL.—Section 1701 of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is

amended—

(1) by amending subsection (a) to read as follows:

‘‘(a) GRANT AUTHORIZATION.—The Attorney General shall carry

out a single grant program under which the Attorney General

makes grants to States, units of local government, Indian tribal

governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection

(b).’’;

(2) by striking subsections (b) and (c);

(3) by redesignating subsection (d) as subsection (b), and

in that subsection—

(A) by striking ‘‘ADDITIONAL GRANT PROJECTS.—Grants

made under subsection (a) may include programs, projects,

and other activities to—’’ and inserting ‘‘USES OF GRANT

AMOUNTS.—The purposes for which grants made under subsection (a) may be made are—’’;

(B) by redesignating paragraphs (1) through (12) as

paragraphs (6) through (17), respectively;

(C) by inserting before paragraph (6) (as so redesignated) the following new paragraphs:

‘‘(1) rehire law enforcement officers who have been laid

off as a result of State and local budget reductions for deployment in community-oriented policing;

‘‘(2) hire and train new, additional career law enforcement

officers for deployment in community-oriented policing across

the Nation;

Deadlines.

Effective date.

119 STAT. 3120 PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(3) procure equipment, technology, or support systems,

or pay overtime, to increase the number of officers deployed

in community-oriented policing;

‘‘(4) award grants to pay for offices hired to perform intelligence, anti-terror, or homeland security duties;’’; and

(D) by amending paragraph (9) (as so redesignated)

to read as follows:

‘‘(9) develop new technologies, including interoperable

communications technologies, modernized criminal record technology, and forensic technology, to assist State and local law

enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train

law enforcement officers to use such technologies;’’;

(4) by redesignating subsections (e) through (k) as subsections (c) through (i), respectively; and

(5) in subsection (c) (as so redesignated) by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (g)’’.

(b) CONFORMING AMENDMENT.—Section 1702 of title I of such

Act (42 U.S.C. 3796dd–1) is amended in subsection (d)(2) by striking

‘‘section 1701(d)’’ and inserting ‘‘section 1701(b)’’.

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(11) of

title I of such Act (42 U.S.C. 3793(a)(11)) is amended—

(1) in subparagraph (A) by striking ‘‘expended—’’ and all

that follows through ‘‘2000’’ and inserting ‘‘expended

$1,047,119,000 for each of fiscal years 2006 through 2009’’;

and

(2) in subparagraph (B)—

(A) by striking ‘‘section 1701(f)’’ and inserting ‘‘section

1701(d)’’; and

(B) by striking the third sentence.

SEC. 1164. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS

UNDER PUBLIC SAFETY OFFICERS’ DEATH BENEFITS

PROGRAMS.

(a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—Section 1204 of

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

3796b), as most recently amended by section 2(a) of the Mychal

Judge Police and Fire Chaplains Public Safety Officers’ Benefit

Act of 2002 (Public Law 107–196; 116 Stat. 719), is amended—

(1) by redesignating paragraphs (7) and (8) as paragraphs

(8) and (9), respectively;

(2) by inserting after paragraph (6) the following new paragraph:

‘‘(7) ‘member of a rescue squad or ambulance crew’ means

an officially recognized or designated public employee member

of a rescue squad or ambulance crew;’’; and

(3) in paragraph (4) by striking ‘‘and’’ and all that follows

through the end and inserting a semicolon.

(4) in paragraph (6) by striking ‘‘enforcement of the laws’’

and inserting ‘‘enforcement of the criminal laws (including juvenile delinquency).’’.

(b) CLARIFICATION OF LIMITATION ON PAYMENTS IN NONCIVILIAN CASES.—Section 1202(5) of such Act (42 U.S.C. 3796a(5))

is amended by inserting ‘‘with respect’’ before ‘‘to any individual’’.

(c) WAIVER OF COLLECTION IN CERTAIN CASES.—Section 1201

of such Act (42 U.S.C. 3796) is amended by adding at the end

the following:

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3121

‘‘(m) The Bureau may suspend or end collection action on an

amount disbursed pursuant to a statute enacted retroactively or

otherwise disbursed in error under subsection (a) or (c), where

such collection would be impractical, or would cause undue hardship

to a debtor who acted in good faith.’’.

(d) DESIGNATION OF BENEFICIARY.—Section 1201(a)(4) of such

Act (42 U.S.C. 3796(a)(4)) is amended to read as follows:

‘‘(4) if there is no surviving spouse or surviving child—

‘‘(A) in the case of a claim made on or after the date

that is 90 days after the date of the enactment of this

subparagraph, to the individual designated by such officer

as beneficiary under this section in such officer’s most

recently executed designation of beneficiary on file at the

time of death with such officer’s public safety agency,

organization, or unit, provided that such individual survived such officer; or

‘‘(B) if there is no individual qualifying under subparagraph (A), to the individual designated by such officer

as beneficiary under such officer’s most recently executed

life insurance policy on file at the time of death with

such officer’s public safety agency, organization, or unit,

provided that such individual survived such officer; or’’.

(e) CONFIDENTIALITY.—Section 1201(1)(a) of such Act (42 U.S.C.

3796(a)) is amended by adding at the end the following:

‘‘(6) The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or recently executed life insurance policy pursuant to

paragraph (4) shall maintain the confidentiality of such designation or policy in the same manner as it maintains personnel

or other similar records of the officer.’’.

SEC. 1165. PRE-RELEASE AND POST-RELEASE PROGRAMS FOR JUVENILE OFFENDERS.

Section 1801(b) of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796ee(b)) is amended—

(1) in paragraph (15) by striking ‘‘or’’ at the end;

(2) in paragraph (16) by striking the period at the end

and inserting ‘‘; or’’; and

(3) by adding at the end the following:

‘‘(17) establishing, improving, and coordinating pre-release

and post-release systems and programs to facilitate the successful reentry of juvenile offenders from State or local custody

in the community.’’.

SEC. 1166. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK

GRANTS.

Section 1810(a) of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796gg–10(a)) is amended by striking ‘‘2002

through 2005’’ and inserting ‘‘2006 through 2009’’.

SEC. 1167. SEX OFFENDER MANAGEMENT.

Section 40152 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and inserting the following:

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

to be appropriated to carry out this section $5,000,000 for each

of fiscal years 2006 through 2010.’’.

42 USC

3796ee–10.

119 STAT. 3122 PUBLIC LAW 109–162—JAN. 5, 2006

SEC. 1168. EVIDENCE-BASED APPROACHES.

Section 1802 of the Omnibus Crime Control and Safe Streets

Act of 1968 is amended—

(1) in subsection (a)(1)(B) by inserting ‘‘, including the

extent to which evidence-based approaches are utilized’’ after

‘‘part’’; and

(2) in subsection (b)(1)(A)(ii) by inserting ‘‘, including the

extent to which evidence-based approaches are utilized’’ after

‘‘part’’.

SEC. 1169. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR

SCHOOL SECURITY.

(a) IN GENERAL.—Section 2705 of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended by

striking ‘‘2003’’ and inserting ‘‘2009’’.

(b) PROGRAM TO REMAIN UNDER COPS OFFICE.—Section 2701

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

U.S.C. 3797a) is amended in subsection (a) by inserting after ‘‘The

Attorney General’’ the following: ‘‘, acting through the Office of

Community Oriented Policing Services,’’.

SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE’S LAW.

Section 2001 of division C, Public Law 106–386 (42 U.S.C.

13713), is amended—

(1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1),

and (g) by striking the first upper-case letter after the heading

and inserting a lower case letter of such letter and the following:

‘‘Pursuant to regulations promulgated by the Attorney General

hereunder,’’;

(2) in subsection (c), paragraphs (1) and (2), respectively,

by—

(A) striking ‘‘a State’’, the first place it appears, and

inserting ‘‘a criminal-records-reporting State’’; and

(B) striking ‘‘(3),’’ and all that follows through ‘‘subsequent offense’’ and inserting ‘‘(3), it may, under subsection

(d), apply to the Attorney General for $10,000, for its

related apprehension and prosecution costs, and $22,500

per year (up to a maximum of 5 years), for its related

incarceration costs with both amounts for costs adjusted

annually for the rate of inflation’’;

(3) in subsection (c)(3), by—

(A) striking ‘‘if—’’ and inserting ‘‘unless—’’;

(B) striking—

(i) ‘‘average’’;

(ii) ‘‘individuals convicted of the offense for which,’’;

and

(iii) ‘‘convicted by the State is’’; and

(C) inserting ‘‘not’’ before ‘‘less’’ each place it appears.

(4) in subsections (d) and (e), respectively, by striking

‘‘transferred’’;

(5) in subsection (e)(1), by—

(A) inserting ‘‘pursuant to section 506 of the Omnibus

Crime Control and Safe Streets Act of 1968’’ before ‘‘that’’;

and

(B) striking the last sentence and inserting ‘‘No amount

described under this section shall be subject to section

3335(b) or 6503(d) of title 31, United States Code’’.;

42 USC

3796ee–2.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3123

(6) in subsection (i)(1), by striking ‘‘State-’’ and inserting

‘‘State (where practicable)-’’; and

(7) by striking subsection (i)(2) and inserting:

‘‘(2) REPORT.—The Attorney General shall submit to

Congress—

‘‘(A) a report, by not later than 6 months after the

date of enactment of this Act, that provides national estimates of the nature and extent of recidivism (with an

emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses;

‘‘(B) a report, by not later than October 1, 2007, and

October 1 of each year thereafter, that provides statistical

analysis and criminal history profiles of interstate recidivists identified in any State applications under this section;

and

‘‘(C) reports, at regular intervals not to exceed every

five years, that include the information described in paragraph (1).’’.

Subtitle C—MISCELLANEOUS

PROVISIONS

SEC. 1171. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107–

56.

(a) STRIKING SURPLUS WORDS.—

(1) Section 2703(c)(1) of title 18, United States Code, is

amended by striking ‘‘or’’ at the end of subparagraph (C).

(2) Section 1960(b)(1)(C) of title 18, United States Code,

is amended by striking ‘‘to be used to be used’’ and inserting

‘‘to be used’’.

(b) PUNCTUATION AND GRAMMAR CORRECTIONS.—Section

2516(1)(q) of title 18, United States Code, is amended—

(1) by striking the semicolon after the first close parenthesis; and

(2) by striking ‘‘sections’’ and inserting ‘‘section’’.

(c) CROSS REFERENCE CORRECTION.—Section 322 of Public Law

107–56 is amended, effective on the date of the enactment of that

section, by striking ‘‘title 18’’ and inserting ‘‘title 28’’.

SEC. 1172. MISCELLANEOUS TECHNICAL AMENDMENTS.

(a) TABLE OF SECTIONS OMISSION.—The table of sections at

the beginning of chapter 203 of title 18, United States Code, is

amended by inserting after the item relating to section 3050 the

following new item:

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives’’.

(b) REPEAL OF DUPLICATIVE PROGRAM.—Section 316 of Part

A of the Runaway and Homeless Youth Act (42 U.S.C. 5712d),

as added by section 40155 of the Violent Crime Control and Law

Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1922),

is repealed.

(c) REPEAL OF PROVISION RELATING TO UNAUTHORIZED PROGRAM.—Section 20301 of Public Law 103–322 is amended by

striking subsection (c).

8 USC 1231 note.

28 USC 2466 and

note.

119 STAT. 3124 PUBLIC LAW 109–162—JAN. 5, 2006

SEC. 1173. USE OF FEDERAL TRAINING FACILITIES.

(a) FEDERAL TRAINING FACILITIES.—Unless authorized in

writing by the Attorney General, or the Assistant Attorney General

for Administration, if so delegated by the Attorney General, the

Department of Justice (and each entity within it) shall use for

any predominantly internal training or conference meeting only

a facility that does not require a payment to a private entity

for use of the facility.

(b) ANNUAL REPORT.—The Attorney General shall prepare an

annual report to the Chairmen and ranking minority members

of the Committees on the Judiciary of the Senate and of the House

of Representatives that details each training and conference meeting

that requires specific authorization under subsection (a). The report

shall include an explanation of why the facility was chosen, and

a breakdown of any expenditures incurred in excess of the cost

of conducting the training or meeting at a facility that did not

require such authorization.

SEC. 1174. PRIVACY OFFICER.

(a) IN GENERAL.—The Attorney General shall designate a senior

official in the Department of Justice to assume primary responsibility for privacy policy.

(b) RESPONSIBILITIES.—The responsibilities of such official shall

include advising the Attorney General regarding—

(1) appropriate privacy protections, relating to the collection, storage, use, disclosure, and security of personally identifiable information, with respect to the Department’s existing

or proposed information technology and information systems;

(2) privacy implications of legislative and regulatory proposals affecting the Department and involving the collection,

storage, use, disclosure, and security of personally identifiable

information;

(3) implementation of policies and procedures, including

appropriate training and auditing, to ensure the Department’s

compliance with privacy-related laws and policies, including

section 552a of title 5, United States Code, and Section 208

of the E-Government Act of 2002 (Public Law 107–347);

(4) ensuring that adequate resources and staff are devoted

to meeting the Department’s privacy-related functions and

obligations;

(5) appropriate notifications regarding the Department’s

privacy policies and privacy-related inquiry and complaint

procedures; and

(6) privacy-related reports from the Department to Congress and the President.

(c) REVIEW OF PRIVACY RELATED FUNCTIONS, RESOURCES, AND

REPORT.—Within 120 days of his designation, the privacy official

shall prepare a comprehensive report to the Attorney General and

to the Committees on the Judiciary of the House of Representatives

and of the Senate, describing the organization and resources of

the Department with respect to privacy and related information

management functions, including access, security, and records

management, assessing the Department’s current and future needs

relating to information privacy issues, and making appropriate

recommendations regarding the Department’s organizational structure and personnel.

Designation.

28 USC 509.

28 USC 530c

note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3125

(d) ANNUAL REPORT.—The privacy official shall submit a report

to the Committees on the Judiciary of the House of Representatives

and of the Senate on an annual basis on activities of the Department

that affect privacy, including a summary of complaints of privacy

violations, implementation of section 552a of title 5, United States

Code, internal controls, and other relevant matters.

SEC. 1175. BANKRUPTCY CRIMES.

The Director of the Executive Office for United States Trustees

shall prepare an annual report to the Congress detailing—

(1) the number and types of criminal referrals made by

the United States Trustee Program;

(2) the outcomes of each criminal referral;

(3) for any year in which the number of criminal referrals

is less than for the prior year, an explanation of the decrease;

and

(4) the United States Trustee Program’s efforts to prevent

bankruptcy fraud and abuse, particularly with respect to the

establishment of uniform internal controls to detect common,

higher risk frauds, such as a debtor’s failure to disclose all

assets.

SEC. 1176. REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR RESIDENTS DETAINED ON SUSPICION OF TERRORISM.

Not less often than once every 12 months, the Attorney General

shall submit to Congress a report on the status of United States

persons or residents detained, as of the date of the report, on

suspicion of terrorism. The report shall—

(1) specify the number of persons or residents so detained;

and

(2) specify the standards developed by the Department

of Justice for recommending or determining that a person

should be tried as a criminal defendant or should be designated

as an enemy combatant.

SEC. 1177. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR

SEXUAL ABUSE OFFENSES IN CORRECTIONAL FACILITIES.

(a) EXPANDED JURISDICTION.—The following provisions of title

18, United States Code, are each amended by inserting ‘‘or in

any prison, institution, or facility in which persons are held in

custody by direction of or pursuant to a contract or agreement

with the Attorney General’’ after ‘‘in a Federal prison,’’:

(1) Subsections (a) and (b) of section 2241.

(2) The first sentence of subsection (c) of section 2241.

(3) Section 2242.

(4) Subsections (a) and (b) of section 2243.

(5) Subsections (a) and (b) of section 2244.

(b) INCREASED PENALTIES.—

(1) SEXUAL ABUSE OF A WARD.—Section 2243(b) of such

title is amended by striking ‘‘one year’’ and inserting ‘‘five

years’’.

(2) ABUSIVE SEXUAL CONTACT.—Section 2244 of such title

is amended by striking ‘‘six months’’ and inserting ‘‘two years’’

in each of subsections (a)(4) and (b).

28 USC 509 note.

Reports.

28 USC 581 note.

119 STAT. 3126 PUBLIC LAW 109–162—JAN. 5, 2006

SEC. 1178. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES

IN CORRECTIONAL FACILITIES.

Section 1791(d)(4) of title 18, United States Code, is amended

by inserting ‘‘or any prison, institution, or facility in which persons

are held in custody by direction of or pursuant to a contract or

agreement with the Attorney General’’ after ‘‘penal facility’’.

SEC. 1179. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE PRELIMINARY HEARING.

The second sentence of section 3060(c) of title 18, United States

Code, is amended to read as follows: ‘‘In the absence of such consent

of the accused, the judge or magistrate judge may extend the

time limits only on a showing that extraordinary circumstances

exist and justice requires the delay.’’.

SEC. 1180. TECHNICAL CORRECTIONS RELATING TO STEROIDS.

Section 102(41)(A) of the Controlled Substances Act (21 U.S.C.

802(41)(A)), as amended by the Anabolic Steroid Control Act of

2004 (Public law 108–358), is amended by—

(1) striking clause (xvii) and inserting the following:

‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one;’’; and

(2) striking clause (xliv) and inserting the following:

‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-

eno[3,2-c]-pyrazole);’’.

SEC. 1181. PRISON RAPE COMMISSION EXTENSION.

Section 7 of the Prison Rape Elimination Act of 2003 (42

U.S.C. 15606) is amended in subsection (d)(3)(A) by striking ‘‘2

years’’ and inserting ‘‘3 years’’.

SEC. 1182. LONGER STATUTE OF LIMITATION FOR HUMAN TRAFFICKING-RELATED OFFENSES.

(a) IN GENERAL.—Chapter 213 of title 18, United States Code,

is amended by adding at the end the following new section:

‘‘§ 3298. Trafficking-related offenses

‘‘No person shall be prosecuted, tried, or punished for any

non-capital offense or conspiracy to commit a non-capital offense

under section 1581 (Peonage; Obstructing Enforcement), 1583

(Enticement into Slavery), 1584 (Sale into Involuntary Servitude),

1589 (Forced Labor), 1590 (Trafficking with Respect to Peonage,

Slavery, Involuntary Servitude, or Forced Labor), or 1592 (Unlawful

Conduct with Respect to Documents in furtherance of Trafficking,

Peonage, Slavery, Involuntary Servitude, or Forced Labor) of this

title or under section 274(a) of the Immigration and Nationality

Act unless the indictment is found or the information is instituted

not later than 10 years after the commission of the offense.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘3298. Trafficking-related offenses’’.

(c) MODIFICATION OF STATUTE APPLICABLE TO OFFENSE AGAINST

CHILDREN.—Section 3283 of title 18, United States Code, is

amended by inserting ‘‘, or for ten years after the offense, whichever

is longer’’ after ‘‘of the child’’.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3127

SEC. 1183. USE OF CENTER FOR CRIMINAL JUSTICE TECHNOLOGY.

(a) IN GENERAL.—The Attorney General may use the services

of the Center for Criminal Justice Technology, a nonprofit ‘‘center

of excellence’’ that provides technology assistance and expertise

to the criminal justice community.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Attorney General to carry out this section

the following amounts, to remain available until expended:

(1) $7,500,000 for fiscal year 2006.

(2) $7,500,000 for fiscal year 2007.

(3) $10,000,000 for fiscal year 2008.

SEC. 1184. SEARCH GRANTS.

(a) IN GENERAL.—Pursuant to subpart 1 of part E of title

I of the Omnibus Crime Control and Safe Streets Act of 1968,

the Attorney General may make grants to SEARCH, the National

Consortium for Justice Information and Statistics, to carry out

the operations of the National Technical Assistance and Training

Program.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Attorney General to carry out this section

$4,000,000 for each of fiscal years 2006 through 2009.

SEC. 1185. REAUTHORIZATION OF LAW ENFORCEMENT TRIBUTE ACT.

Section 11001 of Public Law 107–273 (42 U.S.C. 15208; 116

Stat. 1816) is amended in subsection (i) by striking ‘‘2006’’ and

inserting ‘‘2009’’.

SEC. 1186. AMENDMENT REGARDING BULLYING AND GANGS.

Paragraph (13) of section 1801(b) of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amended

to read as follows:

‘‘(13) establishing and maintaining accountability-based

programs that are designed to enhance school safety, which

programs may include research-based bullying, cyberbullying,

and gang prevention programs;’’.

SEC. 1187. TRANSFER OF PROVISIONS RELATING TO THE BUREAU OF

ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.

(a) ORGANIZATIONAL PROVISION.—Part II of title 28, United

States Code, is amended by adding at the end the following new

chapter:

‘‘CHAPTER 40A—BUREAU OF ALCOHOL, TOBACCO,

FIREARMS, AND EXPLOSIVES

‘‘Sec.

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

‘‘599B. Personnel management demonstration project’’.

(b) TRANSFER OF PROVISIONS.—The section heading for, and

subsections (a), (b), (c)(1), and (c)(3) of, section 1111, and section

1115, of the Homeland Security Act of 2002 (6 U.S.C. 531(a), (b),

(c)(1), and (c)(3), and 533) are hereby transferred to, and added

at the end of chapter 40A of such title, as added by subsection

(a) of this section.

(c) CONFORMING AMENDMENTS.—

(1) Such section 1111 is amended— 28 USC 599A.

28 USC 599A,

599B.

119 STAT. 3128 PUBLIC LAW 109–162—JAN. 5, 2006

(A) by striking the section heading and inserting the

following:

‘‘§ 599A. Bureau of alcohol, tobacco, firearms, and Explosives’’;

and

(B) in subsection (b)(2), by inserting ‘‘of section 1111

of the Homeland Security Act of 2002 (as enacted on the

date of the enactment of such Act)’’ after ‘‘subsection (c)’’,

and such section heading and such subsections (as so amended)

shall constitute section 599A of such title.

(2) Such section 1115 is amended by striking the section

heading and inserting the following:

‘‘§ 599B. Personnel Management demonstration project’’;

and such section (as so amended) shall constitute section 599B

of such title.

(d) CLERICAL AMENDMENT.—The chapter analysis for such part

is amended by adding at the end the following new item:

‘‘40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives 2599A’’.

SEC. 1188. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND

TRAINING PROJECTS PROGRAM.

Section 32401(b) of the Violent Crime Control Act of 1994

(42 U.S.C. 13921(b)) is amended by striking paragraphs (1) through

(6) and inserting the following:

‘‘(1) $20,000,000 for fiscal year 2006;

‘‘(2) $20,000,000 for fiscal year 2007;

‘‘(3) $20,000,000 for fiscal year 2008;

‘‘(4) $20,000,000 for fiscal year 2009; and

‘‘(5) $20,000,000 for fiscal year 2010.’’.

SEC. 1189. NATIONAL TRAINING CENTER.

(a) IN GENERAL.—The Attorney General may use the services

of the National Training Center in Sioux City, Iowa, to utilize

a national approach to bring communities and criminal justice

agencies together to receive training to control the growing national

problem of methamphetamine, poly drugs and their associated

crimes. The National Training Center in Sioux City, Iowa, seeks

a comprehensive approach to control and reduce methamphetamine

trafficking, production and usage through training.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Attorney General to carry out this section

the following amounts, to remain available until expended:

(1) $2,500,000 for fiscal year 2006.

(2) $3,000,000 for fiscal year 2007.

(3) $3,000,000 for fiscal year 2008.

(4) $3,000,000 for fiscal year 2009.

SEC. 1190. SENSE OF CONGRESS RELATING TO ‘‘GOOD TIME’’ RELEASE.

It is the sense of Congress that it is important to study the

concept of implementing a ‘‘good time’’ release program for nonviolent criminals in the Federal prison system.

SEC. 1191. PUBLIC EMPLOYEE UNIFORMS.

(a) IN GENERAL.—Section 716 of title 18, United States Code,

is amended—

28 USC 599B.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3129

(1) by striking ‘‘police badge’’ each place it appears in

subsections (a) and (b) and inserting ‘‘official insignia or uniform’’;

(2) in each of paragraphs (2) and (4) of subsection (a),

by striking ‘‘badge of the police’’ and inserting ‘‘official insignia

or uniform’’;

(3) in subsection (b)—

(A) by striking ‘‘the badge’’ and inserting ‘‘the insignia

or uniform’’;

(B) by inserting ‘‘is other than a counterfeit insignia

or uniform and’’ before ‘‘is used or is intended to be used’’;

and

(C) by inserting ‘‘is not used to mislead or deceive,

or’’ before ‘‘is used or intended’’;

(4) in subsection (c)—

(A) by striking ‘‘and’’ at the end of paragraph (1);

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

(2) and inserting ‘‘; and’’;

(C) by adding at the end the following:

‘‘(3) the term ‘official insignia or uniform’ means an article

of distinctive clothing or insignia, including a badge, emblem

or identification card, that is an indicium of the authority

of a public employee;

‘‘(4) the term ‘public employee’ means any officer or

employee of the Federal Government or of a State or local

government; and

‘‘(5) the term ‘uniform’ means distinctive clothing or other

items of dress, whether real or counterfeit, worn during the

performance of official duties and which identifies the wearer

as a public agency employee.’’; and

(5) by adding at the end the following:

‘‘(d) It is a defense to a prosecution under this section that

the official insignia or uniform is not used or intended to be used

to mislead or deceive, or is a counterfeit insignia or uniform and

is used or is intended to be used exclusively—

‘‘(1) for a dramatic presentation, such as a theatrical, film,

or television production; or

‘‘(2) for legitimate law enforcement purposes.’’; and

(6) in the heading for the section, by striking ‘‘POLICE

BADGES’’ and inserting ‘‘PUBLIC EMPLOYEE INSIGNIA AND UNIFORM’’.

(b) CONFORMING AMENDMENT TO TABLE OF SECTIONS.—The

item in the table of sections at the beginning of chapter 33 of

title 18, United States Code, relating to section 716 is amended

by striking ‘‘Police badges’’ and inserting ‘‘Public employee insignia

and uniform’’.

(c) DIRECTION TO SENTENCING COMMISSION.—The United States

Sentencing Commission is directed to make appropriate amendments to sentencing guidelines, policy statements, and official commentary to assure that the sentence imposed on a defendant who

is convicted of a Federal offense while wearing or displaying insignia

and uniform received in violation of section 716 of title 18, United

States Code, reflects the gravity of this aggravating factor.

SEC. 1192. OFFICIALLY APPROVED POSTAGE.

Section 475 of title 18, United States Code, is amended by

adding at the end the following: ‘‘Nothing in this section applies

28 USC 994 note.

119 STAT. 3130 PUBLIC LAW 109–162—JAN. 5, 2006

to evidence of postage payment approved by the United States

Postal Service.’’.

SEC. 1193. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

In addition to any other amounts authorized by law, there

are authorized to be appropriated for grants to the American

Prosecutors Research Institute under section 214A of the Victims

of Child Abuse Act of 1990 (42 U.S.C. 13003) $7,500,000 for each

of fiscal years 2006 through 2010.

SEC. 1194. ASSISTANCE TO COURTS.

The chief judge of each United States district court is encouraged to cooperate with requests from State and local authorities

whose operations have been significantly disrupted as a result

of Hurricane Katrina or Hurricane Rita to provide accommodations

in Federal facilities for State and local courts to conduct their

proceedings.

SEC. 1195. STUDY AND REPORT ON CORRELATION BETWEEN SUBSTANCE ABUSE AND DOMESTIC VIOLENCE AT DOMESTIC

VIOLENCE SHELTERS.

The Secretary of Health and Human Services shall carry out

a study on the correlation between a perpetrator’s drug and alcohol

abuse and the reported incidence of domestic violence at domestic

violence shelters. The study shall cover fiscal years 2006 through

2008. Not later than February 2009, the Secretary shall submit

to Congress a report on the results of the study.

SEC. 1196. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE

PROGRAM.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 241(i)(5) of

the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is

amended by striking ‘‘appropriated’’ and all that follows through

the period and inserting the following: ‘‘appropriated to carry out

this subsection—

‘‘(A) $750,000,000 for fiscal year 2006;

‘‘(B) $850,000,000 for fiscal year 2007; and

‘‘(C) $950,000,000 for each of the fiscal years 2008

through 2011.’’.

(b) LIMITATION ON USE OF FUNDS.—Section 241(i)(6) of the

Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is amended

to read as follows:

‘‘(6) Amounts appropriated pursuant to the authorization

of appropriations in paragraph (5) that are distributed to a

State or political subdivision of a State, including a municipality, may be used only for correctional purposes.’’.

(c) STUDY AND REPORT ON STATE AND LOCAL ASSISTANCE IN

INCARCERATING UNDOCUMENTED CRIMINAL ALIENS.—

(1) IN GENERAL.—Not later than 1 year after the date

of the enactment of this Act, the Inspector General of the

United States Department of Justice shall perform a study,

and report to the Committee on the Judiciary of the United

States House of Representatives and the Committee on the

Judiciary of the United States Senate on the following:

(A) Whether there are States, or political subdivisions

of a State, that have received compensation under section

241(i) of the Immigration and Nationality Act (8 U.S.C.

1231(i)) and are not fully cooperating in the Department

Hurricanes

Katrina and Rita.

Grants.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3131

of Homeland Security’s efforts to remove from the United

States undocumented criminal aliens (as defined in paragraph (3) of such section).

(B) Whether there are States, or political subdivisions

of a State, that have received compensation under section

241(i) of the Immigration and Nationality Act (8 U.S.C.

1231(i)) and that have in effect a policy that violates section

642 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1373).

(C) The number of criminal offenses that have been

committed by aliens unlawfully present in the United

States after having been apprehended by States or local

law enforcement officials for a criminal offense and subsequently being released without being referred to the

Department of Homeland Security for removal from the

United States.

(D) The number of aliens described in subparagraph

(C) who were released because the State or political subdivision lacked space or funds for detention of the alien.

(2) IDENTIFICATION.—In the report submitted under paragraph (1), the Inspector General of the United States Department of Justice—

(A) shall include a list identifying each State or political

subdivision of a State that is determined to be described

in subparagraph (A) or (B) of paragraph (1); and

(B) shall include a copy of any written policy determined to be described in subparagraph (B).

SEC. 1197. EXTENSION OF CHILD SAFETY PILOT PROGRAM.

Section 108 of the PROTECT Act (42 U.S.C. 5119a note) is

amended—

(1) in subsection (a)—

(A) in paragraph (2)(B), by striking ‘‘A volunteer

organization in a participating State may not submit background check requests under paragraph (3).’’;

(B) in paragraph (3)—

(i) in subparagraph (A), by striking ‘‘a 30-month’’

and inserting ‘‘a 60-month’’;

(ii) in subparagraph (A), by striking ‘‘100,000’’ and

inserting ‘‘200,000’’; and

(iii) by striking subparagraph (B) and inserting

the following:

‘‘(B) PARTICIPATING ORGANIZATIONS.—

‘‘(i) ELIGIBLE ORGANIZATIONS.—Eligible organizations include—

‘‘(I) the Boys and Girls Clubs of America;

‘‘(II) the MENTOR/National Mentoring Partnership;

‘‘(III) the National Council of Youth Sports;

and

‘‘(IV) any nonprofit organization that provides

care, as that term is defined in section 5 of the

National Child Protection Act of 1993 (42 U.S.C.

5119c), for children.

‘‘(ii) PILOT PROGRAM.—The eligibility of an

organization described in clause (i)(IV) to participate

in the pilot program established under this section

119 STAT. 3132 PUBLIC LAW 109–162—JAN. 5, 2006

shall be determined by the National Center for Missing

and Exploited Children, with the rejection or concurrence within 30 days of the Attorney General, according

to criteria established by such Center, including the

potential number of applicants and suitability of the

organization to the intent of this section. If the

Attorney General fails to reject or concur within 30

days, the determination of the National Center for

Missing and Exploited Children shall be conclusive.’’;

(iv) by striking subparagraph (C) and inserting

the following:

‘‘(C) APPLICANTS FROM PARTICIPATING ORGANIZA- TIONS.—Participating organizations may request background checks on applicants for positions as volunteers

and employees who will be working with children or supervising volunteers.’’;

(v) in subparagraph (D), by striking ‘‘the organizations described in subparagraph (C)’’ and inserting

‘‘participating organizations’’; and

(vi) in subparagraph (F), by striking ‘‘14 business

days’’ and inserting ‘‘10 business days’’;

(2) in subsection (c)(1), by striking ‘‘and 2005’’ and inserting

‘‘through 2008’’; and

(3) in subsection (d)(1), by adding at the end the following:

‘‘(O) The extent of participation by eligible organizations in the state pilot program.’’.

SEC. 1198. TRANSPORTATION AND SUBSISTENCE FOR SPECIAL SESSIONS OF DISTRICT COURTS.

(a) TRANSPORTATION AND SUBSISTENCE.—Section 141(b) of title

28, United States Code, as added by section 2(b) of Public Law

109–63, is amended by adding at the end the following:

‘‘(5) If a district court issues an order exercising its authority

under paragraph (1), the court shall direct the United States marshal of the district where the court is meeting to furnish transportation and subsistence to the same extent as that provided in

sections 4282 and 4285 of title 18.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

paragraph (5) of section 141(b) of title 28, United States Code,

as added by subsection (a) of this section.

SEC. 1199. YOUTH VIOLENCE REDUCTION DEMONSTRATION PROJECTS.

(a) ESTABLISHMENT OF YOUTH VIOLENCE REDUCTION DEM- ONSTRATION PROJECTS.— (1) IN GENERAL.—The Attorney General shall make up

to 5 grants for the purpose of carrying out Youth Violence

Demonstration Projects to reduce juvenile and young adult

violence, homicides, and recidivism among high-risk populations.

(2) ELIGIBLE ENTITIES.—An entity is eligible for a grant

under paragraph (1) if it is a unit of local government or

a combination of local governments established by agreement

for purposes of undertaking a demonstration project.

(b) SELECTION OF GRANT RECIPIENTS.—

(1) AWARDS.—The Attorney General shall award grants

for Youth Violence Reduction Demonstration Projects on a

competitive basis.

Grants.

42 USC 13751

note.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3133

(2) AMOUNT OF AWARDS.—No single grant award made

under subsection (a) shall exceed $15,000,000 per fiscal year.

(3) APPLICATION.—An application for a grant under paragraph (1) shall be submitted to the Attorney General in such

a form, and containing such information and assurances, as

the Attorney General may require, and at a minimum shall

propose—

(A) a program strategy targeting areas with the highest

incidence of youth violence and homicides;

(B) outcome measures and specific objective indicia

of performance to assess the effectiveness of the program;

and

(C) a plan for evaluation by an independent third party.

(4) DISTRIBUTION.—In making grants under this section,

the Attorney General shall ensure the following:

(A) No less than 1 recipient is a city with a population

exceeding 1,000,000 and an increase of at least 30 percent

in the aggregated juvenile and young adult homicide victimization rate during calendar year 2005 as compared to

calendar year 2004.

(B) No less than one recipient is a nonmetropolitan

county or group of counties with per capita arrest rates

of juveniles and young adults for serious violent offenses

that exceed the national average for nonmetropolitan counties by at least 5 percent.

(5) CRITERIA.—In making grants under this section, the

Attorney General shall give preference to entities operating

programs that meet the following criteria:

(A) A program focusing on—

(i) reducing youth violence and homicides, with

an emphasis on juvenile and young adult probationers

and other juveniles and young adults who have had

or are likely to have contact with the juvenile justice

system;

(ii) fostering positive relationships between program participants and supportive adults in the community; and

(iii) accessing comprehensive supports for program

participants through coordinated community referral

networks, including job opportunities, educational programs, counseling services, substance abuse programs,

recreational opportunities, and other services.

(B) A program goal of almost daily contacts with and

supervision of participating juveniles and young adults

through small caseloads and a coordinated team approach

among case managers drawn from the community, probation officers, and police officers.

(C) The use of existing structures, local government

agencies, and nonprofit organizations to operate the program.

(D) Inclusion in program staff of individuals who live

or have lived in the community in which the program

operates; have personal experiences or cultural competency

that build credibility in relationships with program participants; and will serve as a case manager, intermediary,

and mentor.

119 STAT. 3134 PUBLIC LAW 109–162—JAN. 5, 2006

(E) Fieldwork and neighborhood outreach in communities where the young violent offenders live, including

support of the program from local public and private

organizations and community members.

(F) Imposition of graduated probation sanctions to

deter violent and criminal behavior.

(G) A record of program operation and effectiveness

evaluation over a period of at least five years prior to

the date of enactment of this Act.

(H) A program structure that can serve as a model

for other communities in addressing the problem of youth

violence and juvenile and young adult recidivism.

(c) AUTHORIZED ACTIVITIES.—Amounts paid to an eligible entity

under a grant award may be used for the following activities:

(1) Designing and enhancing program activities.

(2) Employing and training personnel.

(3) Purchasing or leasing equipment.

(4) Providing services and training to program participants

and their families.

(5) Supporting related law enforcement and probation

activities, including personnel costs.

(6) Establishing and maintaining a system of program

records.

(7) Acquiring, constructing, expanding, renovating, or operating facilities to support the program.

(8) Evaluating program effectiveness.

(9) Undertaking other activities determined by the Attorney

General as consistent with the purposes and requirements of

the demonstration program.

(d) EVALUATION AND REPORTS.—

(1) INDEPENDENT EVALUATION.—The Attorney General may

use up to $500,000 of funds appropriated annually under this

such section to—

(A) prepare and implement a design for interim and

overall evaluations of performance and progress of the

funded demonstration projects;

(B) provide training and technical assistance to grant

recipients; and

(C) disseminate broadly the information generated and

lessons learned from the operation of the demonstration

projects.

(2) REPORTS TO CONGRESS.—Not later than 120 days after

the last day of each fiscal year for which 1 or more demonstration grants are awarded, the Attorney General shall submit

to Congress a report which shall include—

(A) a summary of the activities carried out with such

grants;

(B) an assessment by the Attorney General of the

program carried out; and

(C) such other information as the Attorney General

considers appropriate.

(e) FEDERAL SHARE.—

(1) IN GENERAL.—The Federal share of a grant awarded

under this Act shall not exceed 90 percent of the total program

costs.

(2) NON-FEDERAL SHARE.—The non-Federal share of such

cost may be provided in cash or in-kind.

PUBLIC LAW 109–162—JAN. 5, 2006 119 STAT. 3135

LEGISLATIVE HISTORY—H.R. 3402:

HOUSE REPORTS: No. 109–233 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 28, considered and passed House.

Dec. 16, considered and passed Senate, amended.

Dec. 17, House concurred in Senate amendment.

Æ

(f) DEFINITIONS.—In this section:

(1) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local

government’’ means a county, township, city, or political subdivision of a county, township, or city, that is a unit of local

government as determined by the Secretary of Commerce for

general statistical purposes.

(2) JUVENILE.—The term ‘‘juvenile’’ means an individual

who is 17 years of age or younger.

(3) YOUNG ADULT.—The term ‘‘young adult’’ means an individual who is 18 through 24 years of age.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $50,000,000 for fiscal

year 2007 and such sums as may be necessary for each of fiscal

years 2008 through 2009, to remain available until expended.

Approved January 5, 2006.